Lex Canulaeia

The Politics of the Lex Canulaeia

4.2
The consuls began to rouse the senate to take action against the tribunes, and at the same time the tribunes were getting up an agitation against the consuls. The consuls declared that the revolutionary proceedings of the tribunes could no longer be tolerated, matters had come to a crisis, there was a more bitter war going on at home than abroad. This was not the fault of the plebs so much as of the senate, nor of the tribunes more than of the consuls. Those things in a State which attain the highest development are those which are encouraged by rewards; it is thus that men become good citizens in times of peace, good soldiers in times of war. In Rome the greatest rewards are won by seditious agitations, these have always brought honour to men both individually and in the mass. Those present should reflect upon the greatness and dignity of the senate as they had received it from their fathers, and consider what they were going to hand on to their children, in order that they might be able to feel pride in the extension and growth of its influence, as the plebs felt pride in theirs. There was no final settlement in sight, nor would there be as long as agitators were honored in proportion to the success of their agitation. What enormous questions had C. Canuleius raised! He was advocating the breaking up of the houses, tampering with the auspices, both those of the State and those of individuals, so that nothing would be pure, nothing free from contamination, and in the effacing of all distinctions of rank, no one would know either himself or his kindred. What other result would mixed marriages have except to make unions between patricians and plebeians almost like the promiscuous association of animals? The offspring of such marriages would not know whose blood flowed in his veins, what sacred rites he might perform; half of him patrician, half plebeian, he would not even be in harmony with himself. And as though it were a small matter for all things human and divine to be thrown into confusion, the disturbers of the people were now making an onslaught on the consulship. At first the question of one consul being elected from the plebs was only mooted in private conversations, now a measure was brought forward giving the people power to elect consuls from either patricians or plebeians as they chose. And there was no shadow of doubt that they would elect all the most dangerous revolutionaries in the plebs; the Canuleii and the Icilii would be consuls. Might Jupiter Optimus Maximus never allow a power truly royal in its majesty to sink so low! They would rather die a thousand deaths than suffer such an ignominy to be perpetrated. Could their ancestors have divined that all their concessions only served to make the plebs more exacting, not more friendly, since their first success only emboldened them to make more and more urgent demands, it was quite certain that they would have gone any lengths in resistance sooner than allow these laws to be forced upon them. Because a concession was once made in the matter of tribunes, it had been made again; there was no end to it. Tribunes of the plebs and the senate could not exist in the same State, either that office or this order (i.e. the nobility) must go. Their insolence and recklessness must be opposed, and better late than never. Were they to be allowed with impunity to stir up our neighbors to war by sowing the seeds of discord and then prevent the State from arming in its defence against those whom they had stirred up, and after all but summoning the enemy not allow armies to be enrolled against the enemy? Was Canuleius, forsooth, to have the audacity to give out before the senate that unless it was prepared to accept his conditions, like those of a conqueror, he would stop a levy being held? What else was that but threatening to betray his country and allowing it to be attacked and captured? What courage would his words inspire, not in the Roman plebs but in the Volscians and Aequi and Veientines! Would they not hope, with Canuleius as their leader, to be able to scale the Capitol and the Citadel, if the tribunes, after stripping the senate of its rights and its authority, deprived it also of its courage? The consuls were ready to be their leaders against criminal citizens before they led them against the enemy in arms.

Canuleius Speaks for His Law

4.3
At the very time when this was going on in the senate, Canuleius delivered the following speech in defence of his laws and in opposition to the consuls: “I fancy, Quirites, that I have often noticed in the past how greatly the patricians despise you, how unworthy they deem you to live in the same City, within the same walls, as they. Now, however, it is perfectly obvious, seeing how bitter an opposition they have raised to our proposed laws. For what is our purpose in framing them except to remind them that we are their fellow-citizens, and though we do not possess the same power, we still inhabit the same country? In one of these laws we demand the right of intermarriage, a right usually granted to neighbors and foreigners-indeed we have granted citizenship, which is more than intermarriage, even to a conquered enemy-in the other we are bringing forward nothing new, but simply demanding back what belongs to the people and claiming that the Roman people should confer its honors on whom it will. What possible reason is there why they should embroil heaven and earth, why recently in the Senate-house I was on the point of being subjected to personal violence, why they declare they will not keep their hands off, and threaten to attack our inviolable authority? Will this City be no longer able to stand, is our dominion at an end, if a free vote is allowed to the Roman people so that they may entrust the consulship to whomsoever they will, and no plebeian may be shut out from the hope of attaining the highest honour if only he be worthy of the highest honor? Does the phrase ‘Let no plebeian be made consul’ mean just the same as ‘No slave or freedman shall be consul’? Do you ever realize in what contempt you are living? They would rob you of your share in this daylight, if they could. They are indignant because you breathe and utter speech and received by us not only into citizenship, but even into the ranks of the patricians. Shall a man who was an alien become a patrician and afterwards consul, and a Roman citizen, if he belongs to the plebs, be cut off from all hope of the consulship? Do we believe that it is impossible for a plebeian to be brave and energetic and capable both in peace and war, or if there be such a man, are we not to allow him to touch the helm of the State; are we to have, by preference, consuls like the decemvirs, those vilest of mortals-who, nevertheless, were all patricians-rather than men who resemble the best of the kings, new men though they were?

Canuleius argues that there is a first time for everything

4.4
“But, I may be told, no consul, since the expulsion of the kings, has ever been elected from the plebs. What then? Ought no innovation ever to be introduced; and because a thing has not yet been done-and in a new community there are many things which have not yet been done- ought they not to be done, even when they are advantageous? In the reign of Romulus there were no pontiffs, no college of augurs; they were created by Numa Pompilius. There was no census in the State, no register of the centuries and classes; it was made by Servius Tullius. There were never any consuls; when the kings had been expelled they were created. Neither the power nor the name of Dictator was in existence; it originated with the senate. There were no tribunes of the wear the form of men. Why! Heaven forgive me, they actually say that it would be an act of impiety for a plebeian to be made consul! Though we are not allowed access to the ‘Fasti’ or the records of the pontiffs, do we not, pray, know what every stranger knows, that the consuls have simply taken the place of the kings, and possess no right or privilege which was not previously vested in the kings? I suppose you have never heard tell that Numa Pompilius, who was not only no patrician but not even a Roman citizen, was summoned from the land of the Sabines, and after being accepted by the people and confirmed by the senate, reigned as king of Rome? Or that, after him, L. Tarquinius, who belonged to no Roman house, not even to an Italian one, being the son of Demaratus of Corinth, who had settled in Tarquinii, was made king while the sons of Ancus were still alive? Or that, after him again, Servius Tullius, the illegitimate son of a female slave captured at Corniculum, gained the crown by sheer merit and ability? Why need I mention the Sabine Titus Tatius, with whom Romulus himself, the Father of the City, shared his throne? As long as no class of person in which conspicuous merit appeared was rejected, the Roman dominion grew. Are you then to regard a plebeian consul with disgust, when our ancestors showed no aversion to strangers as their kings? Not even after the expulsion of the kings was the City closed to foreign merit. The Claudian house, at all events, who migrated from the Sabines, was plebs, no aediles, no quaestors; it was decided that these offices should be created. Within the last ten years we appointed decemvirs to commit the laws to writing and then we abolished their office. Who doubts that in a City built for all time and without any limits to its growth new authorities have to be established, new priesthoods, modifications in the rights and privileges of the houses as well as of individual citizens? Was not this very prohibition of intermarriage between patricians and plebeians, which inflicts such serious injury on the commonwealth and such a gross injustice on the plebs, made by the decemvirs within these last few years? Can there be a greater or more signal disgrace than for a part of the community to be held unworthy of intermarriage, as though contaminated? What is this but to suffer exile and banishment within the same walls? They are guarding against our becoming connected with them by affinity or relationship, against our blood being allied with theirs. Why, most of you are descended from Albans and Sabines, and that nobility of yours you hold not by birth or blood, but by co-optation into the patrician ranks, having been selected for that honour either by the kings, or after their expulsion by the mandate of the people. If your nobility is tainted by union with us, could you not have kept it pure by private regulations, by not seeking brides from the plebs, and not suffering your sisters or daughters to marry outside your order? No plebeian will offer violence to a patrician maiden, it is the patricians who indulge in those criminal practices. None of us would have compelled any one to enter into a marriage contract against his will. But, really, that this should be prohibited by law and the intermarriage of patricians and plebeians made impossible is indeed insulting to the plebs. Why do you not combine to forbid intermarriage between rich and poor? Everywhere and in all ages there has been an understanding that a woman might marry into any house in which she has been betrothed, and a man might marry from any house the woman to whom he has become engaged, and this understanding you are fettering by the manacles of a most insolent law, through which you may break up civil society and rend one State into two. Why do you not enact a law that no plebeian shall live in the neighborhood of a patrician, or go along the same road, or take his place at the same banquet, or stand in the same Forum? For, as a matter of fact, what difference is there, if a patrician marries a plebeian woman or a plebeian marries a patrician? What rights are infringed, pray? Of course, the children follow the father. There is nothing that we are seeking in intermarriage with you, except that we may be reckoned amongst men and citizens; there is nothing for you to fight about, unless you delight in trying how far you can insult and degrade us.

4.5
“In a word, does the supreme power belong to you or to the Roman people? Did the expulsion of the kings mean absolute ascendancy for you or equal liberty for all? Is it right and proper for the Roman people to enact a law, if it wishes to do so, or are you going, whenever a measure is proposed, to order a levy by way of punishment? Am I to call the tribes up to vote, and as soon as I have begun, are you, the consuls, going to compel those who are liable for service to take the military oath, and then march them off to camp, threatening alike the plebs and the tribunes? Why, have you not on two occasions found out what your threats are worth against a united plebs? Was it, I wonder, in our interest that you abstained from an open conflict, or was it because the stronger party was also the more moderate one that there was no fighting? Nor will there be any conflict now, Quirites; they will always try your courage, they will not test your strength. And so, consuls, the plebeians are ready to follow you to these wars, whether real or imaginary, on condition that by restoring the right of intermarriage you at last make this commonwealth a united one, that it be in their power to be allied with you by family ties, that the hope of attaining high office be granted to men of ability and energy, that it be open to them to be associated with you in taking their share of the government, and-which is the essence of equal liberty-to rule and obey in turn, in the annual succession of magistrates. If anyone is going to obstruct these measures, you may talk about wars and exaggerate them by rumor, no one is going to give in his name, no one is going to take up arms, no one is going to fight for domineering masters with whom they have in public life no partnership in honors, and in private life no right of intermarriage.”

Livy. The Early History of Rome: Books 1-5 – Enhanced (Kindle Locations 4251-4364). Kindle Edition.

The Consuls answer Canuleius’ argument

4.6
After the two consuls had come forward into the Assembly, set speeches gave place to a personal altercation. The tribune asked why it was not right for a plebeian to be elected consul. The consuls gave a reply which, though perhaps true, was an unfortunate one in view of the present controversy. They said, “Because no plebeian could have the auspices, and the reason why the decemvirs had put an end to intermarriage was to prevent the auspices from being vitiated through the uncertainty of descent.” This bitterly exasperated the plebeians, for they believed that they were held incompetent to take the auspices because they were hateful to the immortal gods. As they had got a most energetic leader in their tribune and were supporting him with the utmost determination, the controversy ended in the defeat of the patricians. They consented to the intermarriage law being passed, mainly in the belief that the tribunes would either abandon the struggle for plebeian consuls altogether, or would at least postpone it till after the war, and that the plebeians, contented with what they had gained, would be ready to enlist. Owing to his victory over the patricians Canuleius was now immensely popular. Fired by his example, the other tribunes fought with the utmost energy to secure the passing of their measure, and though the rumors of war became more serious every day they obstructed the enlistment. As no business could be transacted in the senate owing to the intervention of the tribunes, the consuls held councils of the leaders at their own houses. It was evident that they would have to yield the victory either to their foreign foes or to their own countrymen. Valerius and Horatius were the only men of consular rank who did not attend these councils. C. Claudius was in favour of empowering the consuls to use armed force against the tribunes; the Quinctii, Cincinnatus and Capitolinus, were averse from bloodshed or injury to those whom in their treaty with the plebs they had agreed to hold inviolable. The result of their deliberations was that they allowed tribunes of the soldiers with consular powers to be elected from the patricians and plebeians indiscriminately; no change was made in the election of consuls. This arrangement satisfied the tribunes and it satisfied the plebs. Notice was published that an Assembly would be held for the election of three tribunes with consular powers. No sooner was this announcement made than everybody who had ever acted or spoken as a fomenter of sedition, especially those who had been tribunes, came forward as candidates, and began to bustle about the Forum, canvassing for votes. The patricians were at first deterred from seeking election, as in the exasperated mood of the plebeians they regarded their chances as hopeless, and they were disgusted at the prospect of having to hold office with these men. At last, under compulsion from their leaders, lest they should appear to have withdrawn from any share in the government, they consented to stand. The result of the election showed that when men are contending for liberty and the right to hold office their feelings are different from what they are when the contest is over and they can form an unbiased judgment. The people were satisfied now that votes were allowed for plebeians, and they elected none but patricians. Where in these days will you find in a single individual the moderation, fairness, and loftiness of mind which then characterized the people as a whole?

Livy. The Early History of Rome: Books 1-5 – Enhanced (Kindle Locations 4251-4393). Kindle Edition.

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