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AX'IMIL’IAN I. (1459-1519). of two of Maximilian's grandchildren with the

Holy Roman Emperor from 1493 son and daughter of Ladislas, King of Hungary to 1519. He was the son and and Bohemia, ultimately brought both these kingsuccessor of Frederick III., and doms to the Austrian monarchy. Maximilian was born at Wiener Neustadt, died at Wels, in Upper Austria, January 12,

near Vienna, March 22, 1459. 1519. As an administrator Maximilian sought His first wife, whom he married in 1477, was to strengthen the organization of the Empire. Mary of Burgundy, daughter and sole heiress The evil of private warfare was partially remof Charles the Bold (q.v.), Duke of Burgundy edied by the declaration of a perpetual peace and sovereign of the Netherlands. Maximilian for the Empire at Worms in 1495, and for the became at once involved in war with Louis XI. better maintenance of the peace a division of of France, who laid claim to Burgundy and the Empire was made into circles. Reforms in other parts of Mary's inheritance. Maximilian the administration were introduced by the eswon the battle of Guinegate in 1479, but was tablishment of the Imperial Chamber and the finally compelled in 1482 to conclude the Treaty Aulic Council (qq.v.). In general, however, of Arras with Louis, who retained Burgundy, Maximilian placed his dynastic interests above Artois, and Franche-Comté. The bulk of the the welfare of the Empire. He was an ardent Netherlands, the most opulent realm in Europe, humanist and a zealous patron of art and learnremained with the Hapsburgs. In 1486 Maxi- ing. He wrote various works on the art of war, milian was elected King of the Romans. In 1488 hunting, gardening, etc., and sketched the Weissthe Flemings rose against Maximilian, who was kunig, an autobiographic poem. His frank and for a time held a prisoner at Bruges. In 1490 he generous nature, his love for outdoor sports, and made a successful incursion into Hungary and his many accomplishments gained him the title soon after became master of the Austrian crown- of 'Last of the Knights. Consult: Heyck, Kaiser lands. He again took up arms against France, Maximilian I. (Bielefeld, 1898); Ulmann, Kaiser whose King, Charles VIII., had married Anne of Maximilian I. (Stuttgart, 1884-91); Adler, Die Brittany, in order to acquire that great duchy, Organisation der Zentralverwaltung unter Kaiser after a matrimonial alliance had been concluded Maximilian I. (1886). between that princess and Maximilian. By the

MAXIMILIAN II. (1527-76). Holy Ro-
Treaty of Senlis, in 1493, Maximilian recovered
Artois and Franche-Comté.

In the same year
man Emperor from 1564 to 1576. He was the

and he succeeded his father on the imperial throne eldest son of the Emperor Ferdinand I., of Germany. Soon afterwards, Mary of Burgundy cated in Spain with his cousin, Philip II

. He

was born in Vienna, July 31, 1527. He was eduhaving died in 1482, he married Bianca, a daughter of the late Duke of Milan, Galeazzo

took part in the war with France (1544), and Sforza, and thus was involved subsequently in in that of the League of Schmalkald (1547). In

1548 he married his cousin Maria, daughter of the Italian wars. He joined the League of Cambrai against Venice in 1508 and the Holy League Charles V. He was Viceroy of Spain from that against France in 1513, and after Francis I.'s year until 1550. Notwithstanding the surroundvictory at Melegnano (1515) was forced to cede ings in which he had been educated, his attitude Milan to the French. Nor was Maximilian more

toward the Reformation was so liberal that he successful against the Swiss, who in 1499 com- was even considered by those about him to be pletely separated themselves from the German at heart a heretic. The Protestants of Germany Empire. By the marriage of Philip, the son of expected much from his accession, even hoping Maximilian, with the Infanta Joan, daughter that they might have a Protestant Emperor of Ferdinand and Isabella, the House of Haps- of the House of Hapsburg. These hopes burg, in 1516, ascended the throne of Spain in remained unfulfilled. Lack of decision, dynastic the person of Charles I. (Maximilian's successor policy, his personal ambitions, all united to keep in the Empire as Charles V.). The marriage Maximilian in his allegiance to the Church. He

successor.

who

was crowned King of Bohemia and elected King bandits, and if caught would be tried by courtof the Romans in 1562, and was elected King of martial and shot. Before the end of the month Hungary in 1563. In 1564 he succeeded his four highly esteemed Republican officers had been father on the Imperial throne of Germany, in executed in accordance with this decree, and the Bohemia, and in the portion of Hungary not last hope of popular support for Maximilian's under the sway of the Turks or the Transylva- rule had been destroyed. Meantime, the United nian princes. In 1566 Solyman the Magnificent States Government, relieved of its embarrassdetermined to make a fresh onslaught upon ments by the fall of the Confederacy, succeeded the power of Austria. His vast army was ar- in convincing the French Emperor that his interrested by the heroic defenders of Sziget, and the vention in Mexico would not be tolerated. In great Sultan died in his camp before the strong consequence, on May 31, 1866, Maximilian rehold fell. Maximilian displayed great inactivity ceived dispatches announcing that all French in the face of the impending danger, and con- troops would be withdrawn from Mexico. Maxicluded a disadvantageous treaty with Solyman's milian would probably have resigned at once

The marriage of Maximilian's daugh- had not the Empress Carlotta dissuaded him, ter Anne with Philip II., and the hope held out undertaking to go to Europe and use her influto him by the Pope that he might acquire the ence with Napoleon III. She proceeded to Paris, Polish Kingdom, acted to repress the Emperor's where the Emperor at first refused to see her, interest in the Protestant cause. He interceded and finally brutally asked her to leave France. with Philip in behalf of the Protestants of the The Pope gave her little better consolation, and Low Countries, but without much success. Un- she became hopelessly insane. (See CARLOTTA.) der his tolerant rule Germany enjoyed a period Maximilian determined to abdicate, but the of comparative tranquillity, which was followed French commissioners sent by Napoleon III. were by one of religious strife under his successor, unable to agree to the terms which he stipulated, Rudolph II. Consult: Koch, Quellen zur Ge- and eventually he decided to accept the offer of schichte Maximilians II. (2. vols., Leipzig, 1857- Generals Miramon and Marquez (qq.v.), 61); Hopfen, Kaiser Maximilian Il. und der promised to raise a force sufficient to replace the Compromisskatholizismus (Munich, 1895). See French troops and maintain his empire. The AUSTRIA-HUNGARY.

Church Party urged the Emperor to remain, MAXIMILIAN, FERDINAND JOSEPH (1832- promising its support, and Maximilian estab67). Archduke of Austria and Emperor of Mex

lished his headquarters at Querétaro. There ico. He was the second son of the Austrian Arch- he was surrounded by the Republican army in duke Francis Charles, and a brother to the the early part of March, 1867. On May 14th Emperor Francis Joseph of Austria. He was plans were made for a sortie by which the Emliberally educated, became commander of the peror might escape to Mexico City or to the coast. Austrian Navy in 1854, and later served with Before such plans could be carried out, Colonel success as Governor of Lombardy and Venetia. Miguel Lopez, a constant favorite of the Emperor In 1862-63 the French troops of Napoleon III. oc

and Empress, and one who had received many cupied the principal parts of Mexico. (See proofs of their generosity, informed the enemy of MEXICO; JUAREZ.) An assembly of notables, the plan and arranged to admit them into the named by the French commanders, was convened, Imperial camp. Maximilian and his generals and on July 10, 1863, this body offered the crown

were forced to surrender, and after a short con

The to Maximilian, who as a Hapsburg represented finement were tried by a military court. the dynasty which had preceded the Bourbons Emperor was accused of treason, usurpation of upon the throne of Spain. *Maximilian announced public power, filibustering, trying to prolong the that he would accept only on condition that "the civil war, and of signing the decree of October vote of the assembly of notables could be ratified 3, 1865. He was declared guilty and condemned by the Mexican people in a general election, and to be shot, together with Generals Miramon and that the European nations would give sufficient Mejia. The execution took place on the mornguarantees that the throne would be protected ing of June 19, 1867. The Emperor's body was from dangers which might threaten it.The eventually surrendered to the Austrian GovernMexican popular vote was easily secured by ment, and now rests in the Imperial vault in Marshal Bazaine, and Napoleon signed the Treaty Vienna. Maximilian was a prolific writer, and of Miramar, by which he bound himself to main

seven volumes of his prose and verse were pubtain the French army in Mexico until the army

lished in Vienna in 1867. Among the best acof the Empire should be thoroughly organized. counts of the Emperor are: Chynoweth, The Fall On May 29 Maximilian, with the Empress Carlot- of Maximilian (London, 1872), and Prince Salmta, daughter of King Leopold of Belgium, landed Salm, My Diary in Mexico in 1867 (Eng. trans., at Vera Cruz. The new ruler announced that London, 1868). Hall's Life of Maximilian 1. his mission was "the rejuvenation of Mexico."

(New York, 1868) is especially valuable for its Unfortunately, he knew nothing of the character

account of the legal aspects of the trial and

execution. istics of the country or of the people over whom he had come to rule. Anxious to conciliate MAXIMILIAN I. (1573-1651). A Duke of all parties, he soon found himself without the Bavaria, prominent in the Thirty Years' War, cordial support of any. His desire to rule with- born in Munich. He was educated at the Jesuit out the French led him to neglect their repre- University of Ingolstadt, and in the internal sentatives, until he suddenly realized that the administration of his realm displayed much foreign army, hated equally by all divisions of statecraft. He improved the judicial and execuhis subjects, was the only power really behind tive departments, organized a militia effective his throne. In despair of accomplishing anything for defense, maintained a well-disciplined standby conciliation, the Emperor was persuaded to ing army under the famous Count of Tilly (q.v.), issue a decree, October 3, 1865, declaring that all and placed the treasury upon a secure basis. In persons bearing arms against his empire were the affairs of the Empire he was an active oppo. nent of the Protestant cause. When in 1607 art and literature. On his father's abdication the ban of the Empire was pronounced against in 1848, Maximilian ascended the throne, and the free city of Donauwörth (q.v.), he was ap- made concessions to the liberal spirit of the pointed to occupy the town, which he forth with time; but though he favored German unity, he proceeded to make Roman Catholic.

As a re- looked with hostility upon Prussia, and turned sult of his methods, the Protestant Union was rather to Austria as the leader in the movement organized in 1608. He in turn established the of unification. Catholic League (1609), with himself at its MAXIMILIAN, ORDER OF. A royal Bavahead. After the disturbances in the Austrian rian order, with but one class, founded by Maxiestates (1618-19), he sided with the Emperor milian II. in 1853 for distinction in science and Ferdinand II. (q.v.), and arrangements were art. It is intended especially for German scholmade (1619) by which he was to receive the Up- ars and artists, and its membership is limited to per Palatinate and the electoral dignity of Fred

100. The King is the grand master, erick V. (q.v.). His army, commanded by Tilly,

MAX'IMILIANA. See INAJA PALM. defeated that of Frederick under Christian of Anhalt at the battle of the White Mountain (No

MAX'IMI'NUS, GAIUS JULIUS VERUS. A vember 8, 1620), and occupied the Palatinate. Roman Emperor (A.1. 235-238). He was originalIt was he who, in opposition to any extension ly a Thracian shepherd. Attracting the attention of the Imperial power through Wallenstein's of the Emperor Septimius Severus by his imarmy, effected Wallenstein's dismissal at the mense size and wonderful feats of strength and Diet of Ratisbon (1623). During the Swedish agility, he was admitted to the army; was rapidperiod of the war he was driven from Munich ly advanced for his bravery, put in command of a by the entrance of Gustavus Adolphus into Ba

new legion raised in Pannonia, and obtained varia in 1632. In 1637-38 he fought against great influence over the soldiers. At the head of the Swedes and French on the l'pper Řhine, this legion he followed Alexander Severus in his but in 1647 independently concluded the truce campaign against the Germans. When the army of Ulm. He has been considered the most im- was encainped on the banks of the Rhine, he portant German statesman of the time. Con- conspired against Alexander, and caused him to sult: Wolf, Geschichte Jaximilians I. und sciner be put to death in his tent, with his mother MamZeit (continued by Breyer, 4 vols., Munich, 1807- mæa (A.D. 235). Being proclaimed Emperor, he 11), and Von Aretin, Geschichte des bairischen named his son Maximus Cæsar, and made him colHerzogs und Kurfürsten 1aximilian 1. (vol. i., league in the Empire. He continued the war Passau, 1842). See also TIIRTY YEARS' WAR, against the Germans, and devastated a large THE.

territory beyond the Rhine. But his cruelty MAXIMILIAN II., EMANUEL (1662- and rapacity aroused the indignation of the peo1726). An Elector of Bavaria, grandson of Maxi- ple. For alleged conspiracy against him he milian the Great. He succeeded his father, Fer- put to death Magnus, a Senator, with 4000 other dinand Maria, in 1679; fought on the side of persons, and for the Imperial treasury confisAustria in the great struggle against the Turks cated the municipal property. He opposed Chriswhich began in 1683 and in 1685 married Maria tianity, and persecuted the bishops who had Antonia, daughter of the Emperor Leopold I.

been favored by Alexander. The provinces of Appointed Governor of the Spanish Netherlands Africa revolted and proclaimed Gordianus, who in 1692, he resigned this thankless post after the was soon after acknowledged by the Senate and death of his son, who had been named heir to people (March, 238), but died after a brief the Spanish throne. He sided with France in the reign of twenty-two days. Fearing the vengeance War of the Spanish Succession, Louis XIV. hav- of Maximinus, the Senate then proclaimed Eming promised him the Spanish Netherlands. But perors Pupienus Maximus and Balbinus, and the defeat of Höchstädt (1704) more than out with them was associated, by order of the people, weighed his previous victories; the Elector was the third Gordianus. Maximinus, having crossed forced to take refuge in the Netherlands, and was the Isonzo, laid siege to Aquileia in Italy, but not restored until the Peace of Baden in 1714. met with strong resistance from the garrison and Consult Ruith, Kurfürst Dax Emanuel von Bay- people. The soldiers mutinied and killed both ern und die Donaustridte (Ingolstadt, 1889). him and his son, June 17, 238.

MAXIMILIAN I. (MAXIMILIAN JOSEPII) MAXIMINUS DA'ZA, GALERIUS VALERIUS. (1756-1825). First King (originally Elector) A Roman Emperor (A.D. 308-313). When Dioof Bavaria. He succeeded Charles Theodore as cletian and Maximian abdicated (A.D. 305), GaElector of Bavaria in 1799. His domestic pol- lerius and Constantius Chlorus were made Auicy was excellent, aiming at general reform. gusti, and Flavius Severus and Maximinus Daza He aimed at dynastic aggrandizement, and, as a

became Cæsars, and Daza received the Governreward for his support of Napoleon, received the ment of Syria and Egypt. Early in 308 he title of King, which he assumed in 1806, and proclaimed himself Augustus. A bitter pagan, important accession of territory in Swabia and he persecuted the Christians relentlessly. In 313 Franconia, together with Tyrol, and later Salz- war broke out between Daza and Licinius, the burg, both of which he had afterwards to relin- successor of Flavius Severus, and was terminated quish. In the War of Liberation he reluctant- by the defeat and death of the former in August ly sided with the Allies. His liberal policy at of the same year. home was shown by his grant of the Constitution MAXIMITE (named in honor of its inventor, of 1818, which unified his scattered domains.

Hiram Maxim). An explosive which has been MAXIMILIAN II. (MAXIMILIAN JOSEPH) used in the bursting charge of shells with very (1811-61). King of Bavaria. He was the son good results. It is practically impossible to exof Louis I., studied at Göttingen and Berlin, plode it by shock, but it is easily detonated by a traveled abroad, and gave himself, while prince, suitable fuze. It melts at a temperature of 174° to a quiet life surrounded by men famous in when heated in air. When detonated the products of combustion are almost wholly gaseous. is twofold; first, in correctly amplifying and exIn an unconfined state it burns slowly without pounding the extended meaning sought to be explosion; and if heated it melts and then conveyed in the condensed form; and, secondly, evaporates rapidly but not explosively. Its com- in properly applying it to the adjudication of the position is a trade secret, but it is said to be a particular facts of the case in question; and it picric acid mixture composed chiefly of picrates. is the work more especially of the writer of See EXPLOSIVES.

treatises on the various branches of law and MAXIMS (Fr. maxime, from ML. maxima, equity to perform the first duty, while to the maxim, abbreviation of maxima propositio, chief active practitioners and to the judges emergencies premise, fem. sg. of Lat. maximus, greatest, are constantly presented calling for the exercise superlative of magnus, great; connected with Gk.

of the latter function. It may safely be said péyas, megas, Goth. mikils, OHG. michil, mihhil, that legal maxims play a much less important AS. micel, mycel, Eng. mickle), LEGAL. A term part in the law than formerly. Generally they used by members of the legal profession and have lost whatever character they may have poswriters on jurisprudence to denote those brief Sessed in early times as precise governing rules and pithy utterances which by general consent determining the rights of parties to a litigahave been accepted as stating in condensed though tion. They are now regarded only as convenient necessarily imperfect form the general principles forms of expression denoting important legal which are the foundation of both law and equity. principles which have many variations or modiAs the ultimate foundation of these general prin- fications, and consequently are not capable of any ciples is the natural law of justice, safety, and complete statement or exposition which at the public policy, the basis of the common or cus

same time has the convenience of brevity. Contomary law is the same in all countries, and its sult Broom, Legal Maxims (6th ed., 'London, general principles remain substantially un- 1884). changed by statute or local enactment. Hence MAX'IMUS. The name of four Roman emit follows that many of the utterances of ancient perors.—MARCUS CLODIUS PUPIENUS MAXIMUS, Roman magistrates and authors of legal treatises elected by the Senate as the colleague of Balbinus remain to this day of as much force and truth (q.v.) in A.D. 238, but soon afterwards murdered by as when first promulgated.

the prætorian guards.-MAGNUS CLEMENS MAXIIn very few instances can the maxims be traced mus, born of obscure parentage in Spain; from 368 to their original sources. Many are derived from held high military rank in Britain; was prothe Roman law; many are from Continental claimed Emperor by his soldiers, as a result of jurists of the Middle Ages; while a very large their disaffection toward Gratian, whom he denumber were enunciated by early English judges feated and slew (383). Theodosius and Valentinand writers, and still others are of quite modern ianus II. were induced to recognize him as their origin. Like other expressions of the common colleague and as Augustus of Gaul, Spain, Britlaw, maxims derive their force and authority ain, etc.; but when he sought to extend his sway in the first place through the truth and justice over Italy also, he was defeated by Theodosius, of the principles which they enunciate, and, sec- taken prisoner, and executed (388).-MAXIMUS ondly, through the universality of their accept- TYRANNUS, proclaimed Emperor in Spain (408) ance and application by courts in the past. They when Gerontius rebelled against the usurper Conare not, therefore, of absolutely equal and bind- stantine III. ; was deposed on the defeat of ing authority, and it is impossible to draw a Gerontius (411); again rebelled (418), and was line strictly dividing accepted maxims from mere defeated and slain (422).—PETRONIUS MAXIMUS, expressions of opinion. The number of those the intimate friend of Valentinianus III., against universally accepted as having some authority whom he turned (455), succeeding him after his in law is very large indeed. Works devoted en

murder in the same year; but at the end of three tirely to the consideration of the meaning and months Maximus was slain as he was fleeing from application of this form of law have been pub- an invasion of the Vandals, invited by Eudoxia, lished by several authors.

the widow of Valentinianus. Examples are: caveat emptor—let the buyer be on his guardan important principle of the

MAXIMUS, SAINT, called CONFESSOR (c.580law of sales, but not to be construed too strictly; Monothelite heresy. He was born in Constanti

662). An advocate of orthodoxy against the Qui facit per alium, facit per se—he who acts by another, acts himself-in which may be seen the nople, and served the Emperor Heraclius, 610main principle of the law of agency; Æquitas 630, at which latter date he entered the monsequitur legem-equity follows the law; Ex nihilo astery of Chrysopolis (Scutari). He urged Pope nihil fitfrom nothing comes nothing; Fraus est anathematize the Monothelite doctrine, in which

Martin I., at the first Lateran Synod, 649, to celare fraudem—to conceal a fraud is itself a

condemnation Heraclius and Constans II. were fraud; A l'impossible nul n'est tenuno one is being what is called “law French’; Ubi jus, ibi Constantinople in 662, he was commanded to acbound to do what is impossible, the language implicated. By command of the latter, Maximus

was banished to Thrace, 655; being recalled to remedium-where there is a right there is a remedy; Ignorantia legis neminem excusat–igno- his tongue was cut out, his right hand cut off,

cept the Monothelite heresy. Refusing to do so, rance of the law excuses no one; Prior tempore, and he was banished to Lazika, Colchis, where potior jure—first in time, first in right; Id certum est, quod certum rechdi potestthat is cer

he died August 13, 662. He is called among the

Greeks Theologos, and is venerated as a saint by tain which may be rendered so. Among those

the Western and Eastern Churches. He was a commonly given in English may be mentioned: Acts indicate the intention; When the equities voluminous author; . his works are in Migne, are equal the law shall prevail; Once a fraud,

Patrol. Græca, xc.-xci. always a fraud.

MAX'WELL, JAMES CLERK (1831-79). One The difficulty in practically employing maxims of the greatest of modern physicists. He was

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