In ancient Rome, patrician men were historically forbidden from entering into two specific types of marriages: marrying a woman from the plebeian class and marrying a woman from the slave class.
Forbidden Unions for Patrician Men
For patrician men, who held the highest social and political standing in early Roman society, certain marital alliances were legally and socially prohibited. These restrictions aimed to maintain the purity and exclusivity of the patrician lineage and power.
The two forbidden marriages were:
- Marriage to a Plebeian Woman: Initially, Roman law strictly prohibited intermarriage between patricians and plebeians to preserve the distinct social and political boundaries between the two orders.
- Marriage to a Slave Woman: Unions with enslaved individuals were not recognized as legal marriages under Roman law, as slaves were considered property (res) rather than persons with legal rights.
Understanding the Roman Social Divide
To fully grasp why these marriages were forbidden, it's essential to understand the fundamental social structures of ancient Rome.
Patricians and Plebeians
- Patricians were the members of the highest social class in the Roman Republic. They traced their ancestry back to the founding fathers of Rome, held significant political power, and controlled vast wealth and land. Their status was hereditary, and they largely dominated the Senate and religious offices.
- Plebeians constituted the common citizens of Rome. This class included farmers, artisans, merchants, and laborers. While free, they initially had limited political rights and struggled for equality with the patricians. For more details on these classes, you can refer to information on Patricians and Plebeians in Roman society.
The initial prohibition on intermarriage (conubium) between these two orders was a cornerstone of patrician control, designed to prevent plebeian families from gaining access to patrician wealth, status, and political influence.
The Status of Slaves in Roman Society
Slavery was a pervasive institution in ancient Rome. Slaves were not considered legal persons but rather property belonging to their masters. As such, they had no legal rights, including the right to marry. Any union between enslaved individuals, or between a free person and a slave, was not recognized by Roman law as a valid marriage (iustum matrimonium). Such relationships were often termed contubernium and lacked the legal protections and inheritance rights associated with formal marriage. For more information, see Slavery in ancient Rome.
Historical Context and Evolution of Laws
While the prohibition against marrying slaves remained constant, the restriction on patrician-plebeian marriages underwent significant change.
The Lex Canuleia (445 BCE)
The rigid barrier between patricians and plebeians regarding marriage was eventually broken down. A pivotal moment was the passage of the Lex Canuleia in 445 BCE. This law legalized conubium (the right to intermarry) between patricians and plebeians. This marked a significant victory for the plebeians in their struggle for greater social and political equality, opening the path for a more integrated Roman society and the eventual possibility for plebeians to hold high offices, including the consulship. More details on this law can be found on Lex Canuleia.
Marriage to Slaves
Despite the legal changes allowing patrician-plebeian intermarriage, the legal status of slaves never evolved to allow for recognized marriage with free citizens. A union between a patrician man and a slave woman would therefore never have been considered a legal marriage, regardless of the period in Roman history. Any children from such a union would follow the mother's status, meaning they would be born into slavery, unless the mother was manumitted before the child's birth.
Here's a summary of the forbidden marriages and their context:
| Forbidden Marriage Type | Initial Reason for Prohibition | Legal Status | Historical Evolution/Status |
|---|---|---|---|
| Plebeian Woman | Maintaining social/political exclusivity | Initially illegal (no conubium) | Legalized by Lex Canuleia (445 BCE) |
| Slave Woman | Slaves were property, not legal persons | Never recognized as legal matrimonium | Remained unrecognized throughout Roman history |
