Mund (law)
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The mund is a principle in Germanic tradition and law that can be crudely translated as "protection" and which grew as the prerogative of a Germanic tribe king or leader. It has been Latinized in ''mundium''. The word comes from Germanic '' *''mundō'''' (cf.
Old English Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the early Middle Ages. It was brought to Great Britain by Anglo-Saxon settlement of Britain, Anglo ...
/
Old Norse Old Norse, Old Nordic, or Old Scandinavian, is a stage of development of North Germanic languages, North Germanic dialects before their final divergence into separate Nordic languages. Old Norse was spoken by inhabitants of Scandinavia and t ...
''mund''), 'hand; protection'.


The ''mund'' within the family

The ''mund'' is basically the leadership of an ancestor of a
family Family (from la, familia) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its ...
, a
family Family (from la, familia) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its ...
which is understood as all the people related by blood to this ancestor, exerted over all and each of the family members. The ancestor's responsibility is more aimed at the family as a whole than towards each member individually. The ''mund'' manifests itself as a disciplinary power upon the members of the family; the tenant of the ''mund'' has to watch over the women's chastity and faithfulness to prevent the family honour from being harmed; whether a bride is not a virgin at the time of her departure from the family in the case of chastity, and whether sons are born that are not of the common blood in the case of faithfulness. It also has to control the male family members who may cast shame on the family honour, who may not serve the family, or who may endanger the whole family by their imprudence (for example by drawing the family into a feud). Thus the keeper of the ''mund'' can ban a member from the family. In this aspect, it is a coercive power, an authority, but not understood as the Roman ''
auctoritas ''Auctoritas'' is a Latin word which is the origin of English "authority". While historically its use in English was restricted to discussions of the political history of Rome, the beginning of phenomenological philosophy in the 20th century e ...
''. It is also the responsibility to defend the family's well-being and existence from all dangers and offenses (be they against the body or the honour).


The ''mundium'' in Germanic Code of Laws

When the Germanic traditions mingled with the Roman Law in the post-Migration kingdoms, the ''mund'', which came to be known as ''mundium'', was part of the many code of Laws those kingdoms issued. It became the responsibility of the closer male relative over non-responsible members of the society, i.e. mostly children and women. As such, it gets mixed up with the guardianship ; but it also protects mothers (''
Lex Burgundionum The ''Lex Burgundionum'' (Latin for Burgundian Laws, also ''Lex Gundobada'') refers to the law code of the Burgundians, probably issued by king Gundobad. It is influenced by Roman law and deals with domestic laws concerning marriage and inheritan ...
'' art. LIX & LXXXV ; cf. ). It became useless as soon as such a protected member was responsible for himself, as when children grew. Prominent women also could shudder the ''mundium'' off.


Advantages

The ''mund'' is more of a responsibility than a right, but attached to this responsibility are a list of advantages.


Extension

From this first ''mund'', the principle was extended to the entire tribe, then to several tribes. For example, Early
Franks The Franks ( la, Franci or ) were a group of Germanic peoples whose name was first mentioned in 3rd-century Roman sources, and associated with tribes between the Lower Rhine and the Ems River, on the edge of the Roman Empire.H. Schutz: Tools, ...
were divided into
Salians The Salian Franks, also called the Salians (Latin: ''Salii''; Greek: Σάλιοι, ''Salioi''), were a northwestern subgroup of the early Franks who appear in the historical record in the fourth and fifth centuries. They lived west of the Lowe ...
, scattered in tribes dominated by tribal ''munds'', and
Ripuarians Ripuarian or Rhineland Franks (Latin: ''Ripuarii'' or ''Ribuarii'') were one of the two main groupings of early Frankish people, and specifically it was the name eventually applied to the tribes who settled in the old Roman territory of the Ubii ...
, that were all comprised under the ''mund'' of a king in
Cologne Cologne ( ; german: Köln ; ksh, Kölle ) is the largest city of the German western States of Germany, state of North Rhine-Westphalia (NRW) and the List of cities in Germany by population, fourth-most populous city of Germany with 1.1 m ...
, although he wasn't the king of all the Ripuarians, but only their "protector". This can be seen as an archaic building of the momentum that was eventually to concentrate the coercive power (''potestas'') and legal violence in the hands of a few, namely the nobles, and later only the monarchs. The ''mund'' came to parallel the principle of ''
auctoritas ''Auctoritas'' is a Latin word which is the origin of English "authority". While historically its use in English was restricted to discussions of the political history of Rome, the beginning of phenomenological philosophy in the 20th century e ...
'', without being the same as the kingship. The ''mundium regis'', for example, was the king's responsibility to protect his subjects and the churches. The ''mund'' passed through to the code of chivalry as a Christian virtue. It passed also, although modified, in modern political conceptions under the term ''
protector Protector(s) or The Protector(s) may refer to: Roles and titles * Protector (title), a title or part of various historical titles of heads of state and others in authority ** Lord Protector, a title that has been used in British constitutional l ...
''. To an extent, the paternalism associated with medieval and modern kingships owes more to the ''mund'' than to the elected Germanic kingship.


See also

*


Use in names

The particle ''mund'' is to be found in many Germanic names, and hence passed into some modern names as well. Such names are for example: *
Edmund Edmund is a masculine given name or surname in the English language. The name is derived from the Old English elements ''ēad'', meaning "prosperity" or "riches", and ''mund'', meaning "protector". Persons named Edmund include: People Kings and ...
(
Edmond Edmond is a given name related to Edmund. Persons named Edmond include: * Edmond Canaple (1797–1876), French politician * Edmond Chehade (born 1993), Lebanese footballer * Edmond Conn (1914–1998), American farmer, businessman, and politician ...
) * Reginnmund (
Raymond Raymond is a male given name. It was borrowed into English from French (older French spellings were Reimund and Raimund, whereas the modern English and French spellings are identical). It originated as the Germanic ᚱᚨᚷᛁᚾᛗᚢᚾᛞ ( ...
) * Sig(is)mund


Link


Social History of the Early Middle Ages, Dutch Wikibooks


References

* Olivier Guillot, Yves Sassier, Pouvoirs et Institutions dans la France Médiévale, t. 1 ''Des Origines à l'époque féodale'', Paris, 2003. () * Deutsches Rechtswörterbuch, dictionary of German legal terms
Deutsches Rechtswörterbuch mit Online-Ausgabe
University of Heidelberg } Heidelberg University, officially the Ruprecht Karl University of Heidelberg, (german: Ruprecht-Karls-Universität Heidelberg; la, Universitas Ruperto Carola Heidelbergensis) is a public research university in Heidelberg, Baden-Württemberg, ...
, rzuser.uni-heidelberg.de129.206.119.53
???--> * Pardessus J.M., Loi Salique, Paris 1843 ; ''Dissertation Troisième'

{{Authority control Early Germanic law Family in early Germanic culture