Maiestas

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Maiestas ( Latin ; literally: "the majesty", "the majesty", "the dignity") referred to a quality in ancient Rome that belonged to the gods, a high-ranking personality, especially the Roman emperor , but also the pater familias . In the state sphere, Maiestas also denoted the sovereignty of the state, in republican times specifically of the politically entitled people, and expressed externally the primacy of the Roman people over other peoples, and internally the primacy of the state over the individual. In the transition to imperial rule, the principate , this sovereignty was increasingly shifted to the person of the emperor, whose position was originally considered to have been transferred by the people through special laws, but eventually lost this reference to the dignity of the people.

Violation of religious or state maiestas could be punished as a crime at all times, in early times especially in cases of temple robbery or desecration, but also because of disregard for the will of the people, insulting the plebs , high treason and treason and exceeding competence by generals and Governor ( crimen minutae maiestatis ). Such crimes were usually official offenses. Conviction for the offense resulted in banishment.

During the imperial era , the prosecution of insults against majesty ( crimen laesae maiestatis ) began, which from Tiberius onwards included more and more various offenses against the emperor, his family and his privileges. Under Tiberius, the death penalty was introduced for the crimen laesae maiestatis . In the imperial period, reports of slaves, soldiers, infames and women were finally allowed, and free witnesses and accused persons as well as slaves in proceedings against their owners were tortured.

With the lex Quisquis des Arcadius of 397, the intention to commit a crimen maiestatis was already punishable , and the imperial maiestas was extended to all imperial officials. The property not only of the condemned but also of their sons was confiscated from now on.

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