Niebuhr's lectures on Roman history, Vol. 1 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 1 (of 3)
Niebuhr, Barthold Georg
Rome -- History
A remarkable change which dates from this time, is the repeal of the
prohibition of intermarriage between patricians and plebeians. This
prohibition, as we know, had been sanctioned by usage since the very
earliest times, and had been first made an enactment in the twelve
tables only; such a custom generally first becomes galling by being
received among the written laws; and thus the storm was raised from
which the _plebiscitum Canuleium_ sprang. This is usually considered
as a great victory of the plebeians: the patricians, so it is said, at
last yielded it in compensation for other rights which they reserved to
themselves; Livy looks upon it as a degradation of the ruling order. If
we take the matter as it really was, it is evident that the existence
of such a prohibition did harm to no one more than to the patricians
themselves. Mixed marriages from both orders must surely have been
common at all times, and they were binding in conscience; yet the son
of a patrician-plebeian marriage never had any gentilician rights,
and was counted among the plebeians; the consequence of which was
that the patricians were fast dwindling away. Wherever the nobles are
limited to marriages within their own class, their order becomes quite
powerless in the course of time. Rehberg mentions, that of the members
of the States of the duchy of Bremen, in whose case sixteen quarters
were required, one-third had become extinct within fifty years. If the
plebeians had meant mischief against the patricians, they ought to have
insisted with all their might upon the prohibition of intermarriage
being kept up: but for the Canuleian law, the patricians would have
lost their position in the state a hundred years sooner. We do not
know, whether the thing was granted as a favour to the patricians
or the plebeians; this is one of those cases in which no probable
hypothesis can be formed; even absurdity is sometimes quite possible.
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