449-443 BC

Lex Canulaeia Passed: Allows Plebs and Patricians to Marry

Lex Canulaeia (Lex de conubio patrum et plebis), allows plebs and patricians to marry. It was named after the tribune Gaius Canuleius who proposed it.

Caius Canuleius, tribune of the people, proposed a law concerning the intermarriage of the patricians and commons; by which the patricians considered that their blood would be contaminated, and the privileges of birth would be confounded; and a hint at first lightly suggested by the tribunes, that it should be lawful that one of the consuls should be elected from the commons, afterwards proceeded so far, that the nine tribunes proposed a bill, “that the people should have the power of electing the consuls, whether they wished, from the commons or the patricians. But they thought that if that were done, the supreme authority would not only be shared with the lowest ranks, but be wholly transferred from the nobility to the commons. [Rumors of war were spread about in order to distract the plebeians from the proceedings and to mobilize the people against the enemies of Rome.] “Then Caius Canuleius declared aloud in brief terms in the senate, that ‘the consuls wished in vain to divert the commons from attention to the new laws; that they never should hold a levee while he lived, before the commons had first ratified the laws proposed by him and his colleagues;’ and he instantly summoned them to an assembly.

Titus Livius. The History of Rome Book IV, 209-211.

The preceding passage contains 3 possible explanations for the passage of this law:

  1. military reorganization because of increasing military pressure from neighboring states;
  2. relentless pressure for more equitable political rights from the plebeian order;
  3. a combination of plebeian pressure and increasing military pressure from surrounding states which required a more efficient mobilization of Roman citizens. The price for such a mobilization might be greater political rights.

The right of Plebeian and Patrician intermarriage also implied that Plebeians could hold the highest offices in the state. These political matters were also tied up with religion, especially religious ritual. Up until this time, there was not only a customary and historical justification for Patrician exclusivity and privilege, but also a religious one. The Lex Canulaeia threatened the sacred grounds for Patrician privilege. Here is what Livy has to say about it.

4.1
In the beginning of the year C. Canuleius, a tribune of the plebs, introduced a law with regard to the intermarriage of patricians and plebeians. The patricians considered that their blood would be contaminated by it and the special rights of the houses thrown into confusion. Then the tribunes began to throw out hints about one consul being elected from the plebs, and matters advanced so far that nine tribunes brought in a measure empowering the people to elect consuls from the plebeians or the patricians as they chose. The patricians believed that, if this were carried, the supreme power would not only be degraded by being shared with the lowest of the people, but would entirely pass away from the chief men in the State into the hands of the plebs. The senate were not sorry, therefore, to hear that Ardea had revolted as a consequence of the unjust decision about the territory, that the Veientines had ravaged the districts on the Roman frontier, and that the Volscians and Aequi were protesting against the fortifying of Verrugo; so much did they prefer war, even when unsuccessful, to an ignominious peace. On receiving these reports-which were somewhat exaggerated-the senate tried to drown the voice of the tribunes in the uproar of so many wars by ordering a levy to be made and all preparations for war pushed on with the utmost vigor, more so, if possible, than during the consulship of T. Quinctius. Thereupon C. Canuleius addressed the senate in a short and angry speech. It was, he said, useless for the consuls to hold out threats in the hope of distracting the attention of the plebs from the proposed law; as long as he was alive they should never hold a levy until the plebs had adopted the measures brought forward by himself and his colleagues. He at once convened an Assembly.

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