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AXʼIMIL’IAN I. (1459-1519). Holy Roman Emperor from 1493 to 1519. He was the son and successor of Frederick III., and was born at Wiener-Neustadt, near Vienna, March 22, 1459. His first wife, whom he married in 1477, was Mary of Burgundy, daughter and sole heiress of Charles the Bold (q.v.), Duke of Burgundy and sovereign of the Netherlands. Maximilian became at once involved in war with Louis XI. of France, who laid claim to Burgundy and other parts of Mary's inheritance. Maximilian won the battle of Guinegate in 1479, but was finally compelled in 1482 to conclude the Treaty of Arras with Louis, who retained Burgundy, Artois, and Franche-Comté. The bulk of the Netherlands, the most opulent realm in Europe, remained with the Hapsburgs. In 1486 Maximilian was elected King of the Romans. In 1488 the Flemings rose against Maximilian, who was for a time held a prisoner at Bruges. In 1490 he made a successful incursion into Hungary and soon after became master of the Austrian crownlands. He again took up arms against France, whose King, Charles VIII., had married Anne of Brittany, in order to acquire that great duchy, after a matrimonial alliance had been concluded between that princess and Maximilian. By the Treaty of Senlis, in 1493, Maximilian recovered Artois and Franche-Comté. In the same year he succeeded his father on the imperial throne of Germany. Soon afterwards, Mary of Burgundy having died in 1482, he married Bianca, a daughter of the late Duke of Milan, Galeazzo Sforza, and thus was involved subsequently in He joined the League of Cambrai against Venice in 1508 and the Holy League against France in 1513, and after Francis I.'s victory at Melegnano (1515) was forced to cede Milan to the French. Nor was Maximilian more successful against the Swiss, who in 1499 completely separated themselves from the German Empire. By the marriage of Philip, the son of Maximilian, with the Infanta Joan, daughter of Ferdinand and Isabella, the House of Hapsburg, in 1516, ascended the throne of Spain in the person of Charles I. (Maximilian's successor in the Empire as Charles V.). The marriage

the Italian wars.

of two of Maximilian's grandchildren with the son and daughter of Ladislas, King of Hungary and Bohemia, ultimately brought both these kingdoms to the Austrian monarchy. Maximilian died at Wels, in Upper Austria, January 12, 1519. As an administrator Maximilian sought to strengthen the organization of the Empire. The evil of private warfare was partially remedied by the declaration of a perpetual peace for the Empire at Worms in 1495, and for the better maintenance of the peace a division of the Empire was made into circles. Reforms in the administration were introduced by the establishment of the Imperial Chamber and the Aulic Council (qq.v.). In general, however, Maximilian placed his dynastic interests above the welfare of the Empire. He was an ardent humanist and a zealous patron of art and learning. He wrote various works on the art of war, hunting, gardening, etc., and sketched the Weisskunig, an autobiographic poem. His frank and generous nature, his love for outdoor sports, and his many accomplishments gained him the title of 'Last of the Knights.' Consult: Heyck, Kaiser Maximilian I. (Bielefeld, 1898); Ulmann, Kaiser Maximilian I. (Stuttgart, 1884-91); Adler, Die Organisation der Zentralverwaltung unter Kaiser Maximilian I. (1886).

MAXIMILIAN II. (1527-76). Holy Roman Emperor from 1564 to 1576. He was the eldest son of the Emperor Ferdinand I., and cated in Spain with his cousin, Philip II. was born in Vienna, July 31, 1527. He was eduHe took part in the war with France (1544), and in that of the League of Schmalkald (1547). In 1548 he married his cousin Maria, daughter of Charles V. He was Viceroy of Spain from that year until 1550. Notwithstanding the surroundings in which he had been educated, his attitude toward the Reformation was so liberal that he was even considered by those about him to be at heart a heretic. The Protestants of Germany expected much from his accession, even hoping that they might have a Protestant Emperor of the House of Hapsburg. These hopes remained unfulfilled. Lack of decision, dynastic policy, his personal ambitions, all united to keep Maximilian in his allegiance to the Church. He

was crowned King of Bohemia and elected King of the Romans in 1562, and was elected King of Hungary in 1563. In 1564 he succeeded his father on the Imperial throne of Germany, in Bohemia, and in the portion of Hungary not under the sway of the Turks or the Transylvanian princes. In 1566 Solyman the Magnificent determined to make a fresh onslaught upon the power of Austria. His vast army was arrested by the heroic defenders of Sziget, and the great Sultan died in his camp before the stronghold fell. Maximilian displayed great inactivity in the face of the impending danger, and concluded a disadvantageous treaty with Solyman's successor. The marriage of Maximilian's daughter Anne with Philip II., and the hope held out to him by the Pope that he might acquire the Polish Kingdom, acted to repress the Emperor's interest in the Protestant cause. He interceded with Philip in behalf of the Protestants of the Low Countries, but without much success. Under his tolerant rule Germany enjoyed a period of comparative tranquillity, which was followed by one of religious strife under his successor, Rudolph II. Consult: Koch, Quellen zur Geschichte Maximilians II. (2 vols., Leipzig, 185761); Hopfen, Kaiser Maximilian II. und der Compromisskatholizismus (Munich, 1895). See AUSTRIA-HUNGARY.

MAXIMILIAN, FERDINAND JOSEPH (183267). Archduke of Austria and Emperor of Mexico. He was the second son of the Austrian Archduke Francis Charles, and a brother to the Emperor Francis Joseph of Austria. He was liberally educated, became commander of the Austrian Navy in 1854, and later served with success as Governor of Lombardy and Venetia. In 1862-63 the French troops of Napoleon III. occupied the principal parts of Mexico. (See MEXICO; JUAREZ.) An assembly of notables, named by the French commanders, was convened, and on July 10, 1863, this body offered the crown to Maximilian, who as a Hapsburg represented the dynasty which had preceded the Bourbons upon the throne of Spain. Maximilian announced that he would accept only on condition that "the vote of the assembly of notables could be ratified by the Mexican people in a general election, and that the European nations would give sufficient guarantees that the throne would be protected from dangers which might threaten it." The Mexican popular vote was easily secured by Marshal Bazaine, and Napoleon signed the Treaty of Miramar, by which he bound himself to maintain the French army in Mexico until the army of the Empire should be thoroughly organized. On May 29 Maximilian, with the Empress Carlotta, daughter of King Leopold of Belgium, landed at Vera Cruz. The new ruler announced that his mission was "the rejuvenation of Mexico." Unfortunately, he knew nothing of the characteristics of the country or of the people over whom he had come to rule. Anxious to conciliate all parties, he soon found himself without the cordial support of any. His desire to rule without the French led him to neglect their representatives, until he suddenly realized that the foreign army, hated equally by all divisions of his subjects, was the only power really behind his throne. In despair of accomplishing anything by conciliation, the Emperor was persuaded to issue a decree, October 3, 1865, declaring that all persons bearing arms against his empire were

bandits, and if caught would be tried by courtmartial and shot. Before the end of the month four highly esteemed Republican officers had been executed in accordance with this decree, and the last hope of popular support for Maximilian's rule had been destroyed. Meantime, the United States Government, relieved of its embarrassments by the fall of the Confederacy, succeeded in convincing the French Emperor that his intervention in Mexico would not be tolerated. In consequence, on May 31, 1866, Maximilian received dispatches announcing that all French troops would be withdrawn from Mexico. Maximilian would probably have resigned at once had not the Empress Carlotta dissuaded him, undertaking to go to Europe and use her influence with Napoleon III. She proceeded to Paris, where the Emperor at first refused to see her, and finally brutally asked her to leave France. The Pope gave her little better consolation, and she became hopelessly insane. (See Carlotta.) Maximilian determined to abdicate, but the French commissioners sent by Napoleon III. were unable to agree to the terms which he stipulated, and eventually he decided to accept the offer of Generals Miramon and Marquez (qq.v.), who promised to raise a force sufficient to replace the French troops and maintain his empire. The Church Party urged the Emperor to remain, promising its support, and Maximilian established his headquarters at Querétaro. he was surrounded by the Republican army in the early part of March, 1867. On May 14th plans were made for a sortie by which the Emperor might escape to Mexico City or to the coast. Before such plans could be carried out, Colonel Miguel Lopez, a constant favorite of the Emperor and Empress, and one who had received many proofs of their generosity, informed the enemy of the plan and arranged to admit them into the Imperial camp. Maximilian and his generals

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were forced to surrender, and after a short confinement were tried by a military court. Emperor was accused of treason, usurpation of public power, filibustering, trying to prolong the civil war, and of signing the decree of October 3, 1865. He was declared guilty and condemned to be shot, together with Generals Miramon and Mejia. The execution took place on the morning of June 19, 1867. The Emperor's body was eventually surrendered to the Austrian Government, and now rests in the Imperial vault in Vienna. Maximilian was a prolific writer, and seven volumes of his prose and verse were published in Vienna in 1867. Among the best accounts of the Emperor are: Chynoweth, The Fall of Maximilian (London, 1872), and Prince SalmSalm, My Diary in Mexico in 1867 (Eng. trans., London, 1868). Hall's Life of Maximilian I. (New York, 1868) is especially valuable for its account of the legal aspects of the trial and execution.

MAXIMILIAN I. (1573-1651). A Duke of Bavaria, prominent in the Thirty Years' War, born in Munich. He was educated at the Jesuit University of Ingolstadt, and in the internal administration of his realm displayed much statecraft. He improved the judicial and executive departments, organized a militia effective for defense, maintained a well-disciplined standing army under the famous Count of Tilly (q.v.), and placed the treasury upon a secure basis. In the affairs of the Empire he was an active oppo

nent of the Protestant cause. When in 1607 the ban of the Empire was pronounced against the free city of Donauwörth (q.v.), he was appointed to occupy the town, which he forthwith proceeded to make Roman Catholic. As a result of his methods, the Protestant Union was organized in 1608. He in turn established the Catholic League (1609), with himself at its head. After the disturbances in the Austrian estates (1618-19), he sided with the Emperor Ferdinand II. (q.v.), and arrangements were made (1619) by which he was to receive the Upper Palatinate and the electoral dignity of Frederick V. (q.v.). His army, commanded by Tilly, defeated that of Frederick under Christian of Anhalt at the battle of the White Mountain (November 8, 1620), and occupied the Palatinate. It was he who, in opposition to any extension of the Imperial power through Wallenstein's army, effected Wallenstein's dismissal at the Diet of Ratisbon (1623). During the Swedish period of the war he was driven from Munich by the entrance of Gustavus Adolphus into Bavaria in 1632. In 1637-38 he fought against the Swedes and French on the Upper Rhine, but in 1647 independently concluded the truce of Ulm. He has been considered the most important German statesman of the time. Consult: Wolf, Geschichte Maximilians I. und seiner Zeit (continued by Breyer, 4 vols., Munich, 180711), and Von Aretin, Geschichte des bairischen Herzogs und Kurfürsten Maximilian I. (vol. i., Passau, 1842). See also THIRTY YEARS' WAR,

THE.

MAXIMILIAN II., EMANUEL (16621726). An Elector of Bavaria, grandson of Maximilian the Great. He succeeded his father, Ferdinand Maria, in 1679; fought on the side of Austria in the great struggle against the Turks which began in 1683 and in 1685 married Maria Antonia, daughter of the Emperor Leopold I. Appointed Governor of the Spanish Netherlands in 1692, he resigned this thankless post after the death of his son, who had been named heir to the Spanish throne. He sided with France in the War of the Spanish Succession, Louis XIV. having promised him the Spanish Netherlands. But the defeat of Höchstädt (1704) more than outweighed his previous victories; the Elector was forced to take refuge in the Netherlands, and was not restored until the Peace of Baden in 1714. Consult Ruith, Kurfürst Max Emanuel von Bayern und die Donaustädte (Ingolstadt, 1889).

MAXIMILIAN I. (MAXIMILIAN JOsepii) (1756-1825). First King (originally Elector) of Bavaria. He succeeded Charles Theodore as Elector of Bavaria in 1799. His domestic policy was excellent, aiming at general reform. He aimed at dynastic aggrandizement, and, as a reward for his support of Napoleon, received the title of King, which he assumed in 1806, and important accession of territory in Swabia and Franconia, together with Tyrol, and later Salzburg, both of which he had afterwards to relinquish. In the War of Liberation he reluctantly sided with the Allies. His liberal policy at home was shown by his grant of the Constitution of 1818, which unified his scattered domains.

MAXIMILIAN II. (MAXIMILIAN JOSEPH) (1811-64). King of Bavaria. He was the son of Louis I., studied at Göttingen and Berlin, traveled abroad, and gave himself, while prince, to a quiet life surrounded by men famous in

art and literature. On his father's abdication in 1848, Maximilian ascended the throne, and made concessions to the liberal spirit of the time; but though he favored German unity, he looked with hostility upon Prussia, and turned rather to Austria as the leader in the movement of unification.

MAXIMILIAN, ORDER OF. A royal Bavarian order, with but one class, founded by Maximilian II. in 1853 for distinction in science and art. It is intended especially for German scholars and artists, and its membership is limited to 100. The King is the grand master.

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MAX'IMIL'IA'NA. See INAJA PALM. MAX'IMIʼNUS, GAIUS JULIUS VERUS. Roman Emperor (A.D. 235-238). He was originally a Thracian shepherd. Attracting the attention of the Emperor Septimius Severus by his immense size and wonderful feats of strength and agility, he was admitted to the army; was rapidly advanced for his bravery, put in command of a new legion raised in Pannonia, and obtained great influence over the soldiers. At the head of this legion he followed Alexander Severus in his campaign against the Germans. When the army was encamped on the banks of the Rhine, he conspired against Alexander, and caused him to be put to death in his tent, with his mother Mammæa (A.D. 235). Being proclaimed Emperor, he named his son Maximus Cæsar, and made him colleague in the Empire. He continued the war against the Germans, and devastated a large territory beyond the Rhine. But his cruelty and rapacity aroused the indignation of the people. For alleged conspiracy against him he put to death Magnus, a Senator, with 4000 other persons, and for the Imperial treasury confiscated the municipal property. He opposed Christianity, and persecuted the bishops who had been favored by Alexander. The provinces of Africa revolted and proclaimed Gordianus, who was soon after acknowledged by the Senate and people (March, 238), but died after a brief reign of twenty-two days. Fearing the vengeance of Maximinus, the Senate then proclaimed Emperors Pupienus Maximus and Balbinus, and with them was associated, by order of the people, the third Gordianus. Maximinus, having crossed the Isonzo, laid siege to Aquileia in Italy, but met with strong resistance from the garrison and people. The soldiers mutinied and killed both him and his son, June 17, 238.

MAXIMINUS DAʼZA, GALERIUS VALERIUS. A Roman Emperor (A.D. 308-313). When Diocletian and Maximian abdicated (A.D. 305), Galerius and Constantius Chlorus were made Augusti, and Flavius Severus and Maximinus Daza became Cæsars, and Daza received the Government of Syria and Egypt. Early in 308 he proclaimed himself Augustus. A bitter pagan, he persecuted the Christians relentlessly. In 313 war broke out between Daza and Licinius, the successor of Flavius Severus, and was terminated by the defeat and death of the former in August of the same year.

MAXIMITE (named in honor of its inventor, Hiram Maxim). An explosive which has been used in the bursting charge of shells with very good results. It is practically impossible to explode it by shock, but it is easily detonated by a suitable fuze. It melts at a temperature of 174° when heated in air. When detonated the prod

ucts of combustion are almost wholly gaseous. In an unconfined state it burns slowly without explosion; and if heated it melts and then evaporates rapidly but not explosively. Its composition is a trade secret, but it is said to be a picric acid mixture composed chiefly of picrates. See EXPLOSIVES.

MAXIMS (Fr. maxime, from ML. maxima, maxim, abbreviation of maxima propositio, chief premise, fem. sg. of Lat. maximus, greatest, superlative of magnus, great; connected with Gk. μéyas, megas, Goth. mikils, ÓHG. michil, mihhil, AS. micel, mycel, Eng. mickle), LEGAL. A term used by members of the legal profession and writers on jurisprudence to denote those brief and pithy utterances which by general consent have been accepted as stating in condensed though necessarily imperfect form the general principles which are the foundation of both law and equity. As the ultimate foundation of these general principles is the natural law of justice, safety, and public policy, the basis of the common or customary law is the same in all countries, and its general principles remain substantially unchanged by statute or local enactment. Hence it follows that many of the utterances of ancient Roman magistrates and authors of legal treatises remain to this day of as much force and truth as when first promulgated.

In very few instances can the maxims be traced to their original sources. Many are derived from the Roman law; many are from Continental jurists of the Middle Ages; while a very large number were enunciated by early English judges and writers, and still others are of quite modern origin. Like other expressions of the common law, maxims derive their force and authority in the first place through the truth and justice of the principles which they enunciate, and, secondly, through the universality of their acceptance and application by courts in the past. They are not, therefore, of absolutely equal and binding authority, and it is impossible to draw a line strictly dividing accepted maxims from mere expressions of opinion. The number of those universally accepted as having some authority in law is very large indeed. Works devoted entirely to the consideration of the meaning and application of this form of law have been published by several authors.

Examples are: caveat emptor let the buyer be on his guard—an important principle of the law of sales, but not to be construed too strictly; Qui facit per alium, facit per se-he who acts by another, acts himself-in which may be seen the main principle of the law of agency; Equitas sequitur legem equity follows the law; Ex nihilo nihil fit—from nothing comes nothing; Fraus est celare fraudem-to conceal a fraud is itself a fraud; A l'impossible nul n'est tenu-no one is bound to do what is impossible, the language being what is called 'law French'; Ubi jus, ibi remedium-where there is a right there is a remedy; Ignorantia legis neminem excusat-ignorance of the law excuses no one; Prior tempore, potior jure—first in time, first in right; Id certum est, quod certum reddi potest-that is certain which may be rendered so. Among those commonly given in English may be mentioned: Acts indicate the intention; When the equities are equal the law shall prevail; Once a fraud, always a fraud.

The difficulty in practically employing maxims

is twofold; first, in correctly amplifying and expounding the extended meaning sought to be conveyed in the condensed form; and, secondly, in properly applying it to the adjudication of the particular facts of the case in question; and it is the work more especially of the writer of treatises on the various branches of law and equity to perform the first duty, while to the active practitioners and to the judges emergencies are constantly presented calling for the exercise of the latter function. It may safely be said that legal maxims play a much less important part in the law than formerly. Generally they have lost whatever character they may have possessed in early times as precise governing rules determining the rights of parties to a litigation. They are now regarded only as convenient forms of expression denoting important legal principles which have many variations or modifications, and consequently are not capable of any complete statement or exposition which at the same time has the convenience of brevity. Consult Broom, Legal Maxims (6th ed., London, 1884).

MAX/IMUS. The name of four Roman emperors.-MARCUS CLODIUS PUPIENUS MAXIMUS, elected by the Senate as the colleague of Balbinus (q.v.) in A.D. 238, but soon afterwards murdered by the prætorian guards.-MAGNUS CLEMENS MAXIMUS, born of obscure parentage in Spain; from 368 held high military rank in Britain; was proclaimed Emperor by his soldiers, as a result of their disaffection toward Gratian, whom he defeated and slew (383). Theodosius and Valentinianus II. were induced to recognize him as their colleague and as Augustus of Gaul, Spain, Britain, etc.; but when he sought to extend his sway over Italy also, he was defeated by Theodosius, taken prisoner, and executed (388).-MAXIMUS TYRANNUS, proclaimed Emperor in Spain (408) when Gerontius rebelled against the usurper Constantine III.; was deposed on the defeat of Gerontius (411); again rebelled (418), and was defeated and slain (422).-PETRONIUS MAXIMUS, the intimate friend of Valentinianus III., against whom he turned (455), succeeding him after his murder in the same year; but at the end of three months Maximus was slain as he was fleeing from an invasion of the Vandals, invited by Eudoxia, the widow of Valentinianus.

MAXIMUS, SAINT, called CONFESSOR (c.580Monothelite heresy. He was born in Constanti662). An advocate of orthodoxy against the nople, and served the Emperor Heraclius, 610630, at which latter date he entered the monastery of Chrysopolis (Scutari). He urged Pope Martin I., at the first Lateran Synod, 649, to anathematize the Monothelite doctrine, in which condemnation Heraclius and Constans II. were

implicated. By command of the latter, Maximus Constantinople in 662, he was commanded to acwas banished to Thrace, 655; being recalled to cept the Monothelite heresy. Refusing to do so, his tongue was cut out, his right hand cut off, and he was banished to Lazika, Colchis, where he died August 13, 662. He is called among the Greeks Theologos, and is venerated as a saint by the Western and Eastern Churches. He was a Patrol. Græca, xc.-xci. voluminous author; his works are in Migne,

MAX'WELL, JAMES CLERK (1831-79). One of the greatest of modern physicists. He was