Publication details
Princeps a maiestas populi Romani za principátu
| Title in English | Princeps and the Maiestas Populi Romani in the Principate |
|---|---|
| Authors | |
| Year of publication | 2016 |
| Type | Article in Proceedings |
| Conference | Bibliotheca Alexandrina III |
| MU Faculty or unit | |
| Citation | |
| Field | History |
| Keywords | Augustus; domus Augusta; crimen maiestatis; iniuria; Principate |
| Description | The article discusses the issue of possible changes of the concept of maiestas of the Roman state under the Principate, with respect to the new constitutional element, the emperor. It focuses on the problem of protection of the person of the emperor and his relatives. It is undisputable that he was protected by the law as a holder of magisterial powers (or when he held a magistracy); it is, however, not, if the protection concerned also his non-official actions (personal offences) and if this led to a "redefining" of the crime by the law. In the article, the author argues that a serious revision of the law of treason in the direction of specific protection of the princeps would have been considered strongly monarchical and not consistent with Augustus’ policy, and that it was unnecessary, too. The extant cases indicate that it is difficult to say if something like a personal offence to the emperor ever existed, since the private and the public intersected in his person. “Good” and “bad” emperors alike tended to try cases where words were not far from deeds and since there were no rules as to who can become an emperor (and there were many who could stand out with a claim), it depended on specific political situation and sensibility of the ruler and his supporters what will be interpreted as a threat to the state and its main representative. As to the imperial family, we can say that close relationship to the emperor did not suffice for the protection under the law of maiestas at least until the end of the 1st century (after that, relevant testimonies of sources are scant). The members of imperial family were under the protection of the law in the same way the emperor was: they had to take on magistracies or the honours and/or rights could be bestowed upon them by the senate (people; usually by the intervention of the emperor). |