Mund (in law)
Encyclopedia
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
*mundo (cf. Old English/Old Norse
mund), 'hand; protection'.
, a family
which is understood as all the people related by the 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, in the first case if a bride is not a virgin at the time of her departure from the family, in the second, if sons are born that are not of the common blood. 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
.
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).
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
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.
were divided into Salians
, scattered in tribes dominated by tribal munds, and Ripuarians
, that were all comprised under the mund of a king in Cologne
, 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
, 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
. To an extent, the paternalism associated with medieval and modern kingships owes more to the mund than to the elected Germanic kingship.
The word comes from Germanic
Germanic languages
The Germanic languages constitute a sub-branch of the Indo-European language family. The common ancestor of all of the languages in this branch is called Proto-Germanic , which was spoken in approximately the mid-1st millennium BC in Iron Age northern Europe...
*mundo (cf. Old English/Old Norse
Old Norse
Old Norse is a North Germanic language that was spoken by inhabitants of Scandinavia and inhabitants of their overseas settlements during the Viking Age, until about 1300....
mund), 'hand; protection'.
The mund within the family
The mund is basically the leadership of an ancestor of a familyFamily
In human context, a family is a group of people affiliated by consanguinity, affinity, or co-residence. In most societies it is the principal institution for the socialization of children...
, a family
Family
In human context, a family is a group of people affiliated by consanguinity, affinity, or co-residence. In most societies it is the principal institution for the socialization of children...
which is understood as all the people related by the 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, in the first case if a bride is not a virgin at the time of her departure from the family, in the second, if sons are born that are not of the common blood. 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
Auctoritas is a Latin word and 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 twentieth century expanded the use of the word.In ancient Rome, Auctoritas...
.
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, that came to be known as mundium, was part of the many code of Laws those kingdoms edicted.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
Lex Burgundionum
The Lex Burgundionum 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 inheritance as well as regulating weregild and other penalties...
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 FranksFranks
The Franks were a confederation of Germanic tribes first attested in the third century AD as living north and east of the Lower Rhine River. From the third to fifth centuries some Franks raided Roman territory while other Franks joined the Roman troops in Gaul. Only the Salian Franks formed a...
were divided into Salians
Salian Franks
The Salian Franks or Salii were a subgroup of the early Franks who originally had been living north of the limes in the area above the Rhine. The Merovingian kings responsible for the conquest of Gaul were Salians. From the 3rd century on, the Salian Franks appear in the historical records as...
, scattered in tribes dominated by tribal munds, and Ripuarians
Ripuarian Franks
Ripuarian Franks is a distinction of the Frankish people made by a number of writers in the Latin language of the first several centuries of the Christian Era...
, that were all comprised under the mund of a king in Cologne
Cologne
Cologne is Germany's fourth-largest city , and is the largest city both in the Germany Federal State of North Rhine-Westphalia and within the Rhine-Ruhr Metropolitan Area, one of the major European metropolitan areas with more than ten million inhabitants.Cologne is located on both sides of the...
, 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
Auctoritas is a Latin word and 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 twentieth century expanded the use of the word.In ancient Rome, Auctoritas...
, 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 (title)
Protector, sometimes spelled protecter, is used as a title or part of various historical titles of heads of state and others in authority...
. To an extent, the paternalism associated with medieval and modern kingships owes more to the mund than to the elected Germanic kingship.
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:- EdmundEdmund (given name)Edmund is a masculine given name in the English language. The name is derived from the Old English elements ēad, meaning "prosperity", "riches"; and mund, meaning "protector".-List of people with the given name:...
(EdmondEdmondEdmond may refer to:People* Edmond de Goncourt* Edmond James de Rothschild* Edmond O'BrienPlacesIn the United States:* Edmond, Kansas* Edmond, Oklahoma* Edmonds, WashingtonOther uses* Edmond , a 1982 play by David Mamet...
) - Reginnmund (RaymondRaymondRaymond is a male given name . It was borrowed into English from French...
) - Sig(is)mundSigismundSigismund is a German proper name, meaning "protection through victory", from Old High German sigu "victory" + munt "hand, protection". Tacitus Latinises it Segimundus...