Ab urbe condita

Titus Livius (Livy)

Livy. History of Rome, Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.

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 neighbourhood 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.”

“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 any one is going to obstruct these measures, you may talk about wars and exaggerate them by rumour, 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 honours, and in private life no right of intermarriage.”

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 rumours of war became more serious every day they obstructed the enlistment.