Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

724 MAGISTRATUS. MAJESTAS.
expired. (On the abdicatio, see Rubino, R;lnischle Province; and as tile Jurisdictio was placed in the
Staatsve:fassung, p. 88; and Plut. Cic. 19). (Liv. hands of Municipal Magistratus, who had no Imvi. 1, xxiii. 23.) According to Festus, a magis- perium, it was further necessary to determine what
tratus was one who had "judicisum auspiciumque." should be the form of procedure before these MaAccording to M. Messala the augur, quoted by gistratus in all matters that were extra ordinem,
Gellius (xiii. 15), the Auspicia Maxima belonged that is, in such matters as did not belong to their
to the Consuls, Praetors, and Censors, and the competence because they were Magistratus Minores,
Minora auspicia to the other Magistratus; accord- but were specially given to them by a Lex. The
ingly the Consuls, Praetors, and Censors were determi1ning of this form of procedure was the ohcalled Majores, and they were elected at the Co- ject of the Lex Rubria. [LEx RUBRIA.] (Puchta,
mitia Centuriata; the other Magistratus were called Zeitsclrzif~, x. p. 195.)
Minores. The Magistratus were also divided into The case of Adoption (properly so called) illusCurules and those who were not Curules: the trates the distinction of Magistratus into Majores
Magistratus Curtles were the dictator, consuls, and Minores, as founded on the possessing or not
praetors, censors, and the curule aediles, who were possessing the Imperium. (Gains, i. 99.) This
so called, because they had the Jus Sellae Curulis. adoption was effected " Imperio Magistratus," as
The magistrates were chosen only from the Patri- for instance before the Praetor at Rome: in the
cians in the early Republic, but in course of time Provinciae the samle thing lwas effected before a
the Plebeians shared these honours, with the Proconsul or Legatus, both of whom therefore had
exception of that of the Interrex: the Plebeian the Imperium. The Municipal Magistratus, as
Magistratus properly so called were the Plebeian they had not the Imperium, could not give validity
Aediles and the Tribuni Plebis. to such an act of adoption. [G. L.]
The distinction of Magistratus into MajIores MAJESTAS is defined by Ulpian (Dig. 48.
who had the Imperium, and the Minores who had tit. 4. s. 1) to be " crimen illud qlod adversus
not, had a reference to Jurisdiction also. The Populurn Romanum vel adversus securitatem ejus
former term comprised Praetors and governors of commnsittitur." lie then gives various instances of
Provinces; the latter, ini the Republican time, the crime of Majestas, some of which pretty nearly
comprised Aediles and Quaestors, and, under the correspond to treason in English law; but all the
Empire, the numerous body of 1Municipal Magis- offences included under M\ajestas comprehend more
-trates. The want of the Imperium limited the than the English trezson. One of the offences inlpower of the Magistratus Minores in various mat- eluded in Majestas was the effecting, aiding in, or
ters which came under their cognizance, and the planning the death of a magistratus Populi Rowant of it also removed other matters entirely from mani or of one who had Imperium or Potestas.
their jurisdictio (taking the word in its general Though the phrase " crimen mnajestatis" was used,
sense). Those matters which belonged to Juris- the complete expression was " crimen laesae, imdictio in its limited sense were within the corn- minitae, diminutae, minutae, majestatis."
petence of the Magistratus Minores [JUvRIsnIcTl0]; The word Majestas consistently with its relation
but those matters which belong to the Imperium, to,faeq (nus) signifies the magnitude or greatness
were for that reason not within the competence of of a thing. " Majestas," says Cicero (Part. 30)
the Magistratus Minores. As proceeding from the " est quaedam magnitudo Populi Romani;" " MaInperium we find enumerated the praetoriae stipu- jestas est in Imperii atque in nonminis Populi volationes, such as the cautio damani infecti, and mani dignitate." Accordingly the phrases " Maex novi operis nunciatione; and also the Missio jestas Populi Romani," " Imperii Majestas " (Hor.
in possessionem, and the In integruma restitutio. Csarn. iv. 15) signify the whole of that which
Thus it appears that the limited jurisdictio was constituted the Roman State; in other words the
confined to the Ordo juldiciorum privatorum, and sovereign power of the Roman State. The expresall the proceedings Extra ordinem were based on sion " minuere majestatem " consequently signifies
the Imperium: consequently a Minor Magistratus any act by which this majestas is impaired; and
could not exercise Cognitio, properly so called, and it is thus defined by Cicero (de Itvenzt. ii. 17),
could not make a Decretunm. This consideration " Majestatem minucre est de dignitate, ant amplicxplains the fact of two Praetors for questions as tudine, ant potestate Populi ant eorum quibus
to fideicommissa being appointed under Claudius: Popuslus potestatenm dedit, aliquid derogare." (See
they had to decide such matters for all Italy, Cic. de Faism. iii. 11. " Majestatem auxisti.'")
inasmuch as such matters were not within the The phrase Majestas Publica in the Digest is
competence of the municipal magistrates. The equivalent to the Majestas Populi Romani. In
jurisdiction of the municipal magistrates of Cisal- the Republican period the term Majestas Laesa or
pine Gaul was limited in many cases to a certain Minuta was most commonly applied to cases of a
sum of money; and this limitation was afterwards general betraying or surrendering his army to the
extended to all Italy. Added to this, these magis- enemy, exciting sedition, and generally by his bad
trates had not the Imperium, which, as. already conduct in administration impairing the Majestas
observed, limited their Jurisdictio. of the State. (Tacit. Anuz. i. 72.)
The Magistratus Minores could take cognizance The Laws of the Twelve Tables punished with
of matters which were not within their jurisdictio, death a person who stirred up an enemy against
by delegation from a superior Magistratus. Thus Rome or surrendered a Roman citizen to an enemy.
in the case of Damnurm Infectum, inasmuch as de- (Dig. 48. tit. 4. s. 3.) The Leges Masjestatis seeml
hay might cause irreparable mischief, the Praetor to have extended the offence of Majestas genecould delegate to the Municipal Magistratus, who rally to all acts which impaired the Majestas
were under him, the power of requiring the Cautio. Publica; and several of the special provisions of
(Dig. 39. tit. 2. s. 4.) the Lex Julia are enumerated in the passage just
It became necessary to re-organize the admini- referred to.
stration of Gallia Cisalpina, on its ceasing to be a Like many other leges the Lox Julia was modified