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On this page: Majestas

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MAGISTRATUS.

expired. (On the abdicatio, see Rubino, Romisclie Staatsverfassung, p. 88; and Plut. Cic. 19). (Liv. vi. 1, xxiii. 23.) According to Festus, a magis­tratus was one who had " judicium auspiei unique."

According to M. Messala the augur, quoted by Gellius (xiii. 3 5), the Auspicia Maxima belonged to the Consuls, Praetors, and Censors, and the Minora auspicia to the other Magistratus ; accord­ingly the Consuls, Praetors, and Censors were called Majores, and they were elected at the Co-mitia Centuriata; the other Magistratus were called Minores. The Magistratus were also divided into Curules and those who were not Curules: the Magistratus Curules were the dictator, consuls, praetors, censors, and the curule aediles, who were so called, because they had the Jus Sellae Curalis. The magistrates were chosen only from the Patri­cians in the early Republic, but in course of time the Plebeians shared these honours, with the exception of that of the Interrex : the Plebeian Magistratus properly so called were the Plebeian Aediles and the Tribuni Plebis.

The distinction of Magistratus into Majores who had the "Imperium, and the Minores who had not, had a reference to Jurisdiction also. The former term comprised Praetors and governors of Provinces ; the latter, in the Republican time, comprised Aediles and Quaestors, and, under the Empire, the numerous body of Municipal Magis­trates. The want of the Imperium limited the power of the Magistratus Minores in various mut­ters, which came under their cognizance, and the want of it also removed other matters entirely from their jurisdictio (taking the word in its general sense). Those matters which belonged to Juris­dictio in its limited sense were within the com­petence of the Magistratus Minores [jurisdictio] ; but those matters which belong to the Imperium, were for that reason not within the competence of the Magistratus Minores. As proceeding from the Imperium we find enumerated the praetoriae stipu-lationes, such as the cautio damn! infecti, and ex novi operis nunciatione ; and also the Missio in possessionem, and the In integrum restitution Thus it appears that the limited jurisdicti© was confined to the Ordo judiciorum privatoruni, and all the proceedings Extra ordinem were based on the Imperium: consequently a Minor Magistratus could not exercise Cognitio, properly so called, and could not make a Decretum. This consideration explains the fact of two Praetors for questions as to ndeicommissa being appointed under Claudius: they had to decide such matters for all Italy, inasmuch as such matters were not within the competence of the municipal magistrates. The jurisdiction of the municipal magistrates of Cisal­pine Gaul was limited in many cases to a certain sum of money; and this limitation was afterwards extended to all Italy. Added to this, these magis­trates had not the Imperium, which, as. already observed, limited their Jurisdictio.

The Magistratus Minores could take cognizance of matters which were not within their jurisdictio, by delegation from a superior Magistratus. Thus in the case of Damnum Infectum, inasmuch as de­lay might cause irreparable mischief, the Praetor could delegate to the Municipal Magistratus, who were under him, the power of requiring the Cautio. (Dig. 39. tit. 2. s. 4.)

It became necessary to re-organize the admini­stration of Gallia Cisalpina, on its ceasing to be a

MAJESTAS.

Province; and as the Jurisdictio was placed in the hands of Municipal Magistratus, who had no Im­perium, it was further necessary to determine what should be the form of procedure before these Ma­gistratus in all matters that were extra ordinem, that is, in such matters as did not belong to their competence because they were Magistratus Minores, but were specially given to them by a Lex. The determining of this form of procedure was the ob­ject of the Lex Rubria. [lex rubria.] (Ptichta, Zeitsclirift, x. p. J95.)

The case of Adoption (properly so called) illus­ trates the distinction of Magistratus into Majores and Minores, as founded on the possessing or not possessing the Imperium. (Gains, i. 99.) This adoption was effected " Imperio Magistratus,"" as for instance before the Praetor at Rome: in the Provinciae the same thing was effected before a Proconsul or Legatus, both of whom therefore had the Imperium. The Municipal Magistratus, as they had not the Imperium, could not give validity to such an act of adoption. [G. L.'J

MAJESTAS is denned by Ulpian (Dig. 48. tit. 4. s. 1) to be " crimen illud quod adversus Populum Romanum vel adversus securitatem ejur, committitur." He then gives various instances of the crime of Majestas, some of which pretty nearly correspond to treason in English law; but all the offences included under Majestas comprehend more than the English treason. One of the offences in­cluded in Majestas was the effecting, aiding in, or planning the death of a magistratus Populi Ro-mani or of one who had Imperium or Potestas. Though the phrase " crimen majestatis" was used, the complete expression was " crimen laesae, im-minutae, diminutae, minutae, majestatis.'"

The word Majestas consistently Avith its relation to mac) (nus) signifies the magnitude or greatness of a thing. " Majestas,1' says Cicero (Part. 30) " est quaedam magnitude Populi Romani ;" " Ma­jestas est in Imperii atque in nominis Populi Ro­mani dignitate." Accordingly the phrases " Ma­jestas Populi Romani," "Imperii Majestas " (Hor. Carm. iv. 15) signify the whole of that which constituted the Roman State ; in other words the sovereign power of the Roman State. The expres­sion " minuere majestatem " consequently signifies any act by which this majestas is impaired ; and it is thus defined by Cicero (de Invent, ii. 17), " Majestatem minuere est de dignitate, aut ampli-tudine, aut potestate Populi aut eorum quibus Populus potestatem dedit, aliquid derogare." (See Cic. ad Fain. iii. 11. " Majestatem auxisti.") The phrase Majestas Publica in the Digest is equivalent to the Majestas Populi Romani. In the Republican period the term Majestas Laesa or Miniita was most commonly applied to cases of a general betrajdng or surrendering his army to the enemy, exciting sedition, and generally by his bad conduct in administration impairing the Majestas of the State. (Tacit. Ann. i. 72.)

The Laws of the Twelve Tables punished with death a person who stirred up an enemy against Rome or surrendered a Roman citizen to an enemy. (Dig. 48. tit. 4. s. 3.) The Leges Majestatis seem to have extended the offence of Majestas gene­rally to all acts which impaired the Majestas Publica ; and several of the special provisions of the Lex Julia are enumerated in the passage just referred to.

Like many other leges the Lex Julia was modified