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If a marriage was to occur between a patrician and a plebeian, the children of that marriage would then be given patrician status. This law was created to prevent the classes from mixing. In ancient Rome women did not have power in the household.
It was a modification to the Valerian law in 449 BC which first allowed acts of the Plebeian Council to have the full force of law over both plebeians and patricians, but eventually the final law in the series was passed (the "Shortening Law"), which removed the last check that the patricians in the Senate had over this power.
The most ancient form of marriage, traditionally reserved to the Patrician social class, claimed the husband's right to control his wife and her property. In later developments, the bride retained control over her dowry; the resources of both parties formed a heritable estate.
Plebeians were barred from marrying patricians in 450 BC but this law was annulled five years later in 445 BC by a tribune of the plebs. [2] [page needed] In 444 BC, the office of military tribune with consular powers was created. The plebeians who filled this office were then entitled to join the senate after their one-year term was completed.
Following this, there was a period of consular tribunes who shared power between plebeians and patricians in various years, but the consular tribunes apparently were not endowed with religious authority. [13] In 445 BC, the lex Canuleia permitted intermarriage among plebeians and patricians. [14]
Five years earlier, as part of the process of establishing the Twelve Tables of Roman law, the second decemvirate had placed severe restrictions on the plebeian order, including a prohibition on the intermarriage of patricians and plebeians. [5] [6] Gaius Canuleius, one of the tribunes of the plebs, proposed a rogatio repealing this
Why was a law banning marriage between patricians and plebeians drawn up by a body composed by both patricians and plebeians (the majority of the members of the second decemvirate being plebeians)? [22] In 2005, historian Gary Forsythe dismissed the second decemvirate as unhistorical. He presents a number of arguments for his view.
Why was a law banning marriage between patricians and plebeians drawn up by a body composed by both patricians and plebeians (the majority of the members of the second decemvirate being plebeians)? [30] In 2005, historian Gary Forsythe dismissed the second decemvirate as unhistorical. He presents a number of arguments for his view.