The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Legal Definitions - mund

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Definition of mund

Mund is a historical legal term that refers to two related concepts from early English law:

  • A right to protection or guardianship over another person or their interests.
  • The individual who holds this right and acts as a protector or guardian.

Essentially, "mund" described a relationship where a more powerful or responsible party had a duty and authority to safeguard the well-being, property, or rights of another, often less powerful, individual or group.

Examples:

  • Feudal Lord's Protection: In medieval society, a feudal lord held a form of mund over the peasants and tenants living on his estate. He had the right and responsibility to protect them from raids, administer justice within his lands, and ensure their safety. In return, they owed him loyalty and service. This illustrates the lord acting as the guardian and exercising his right to protection over his subjects.

  • Family Head's Oversight: Historically, the head of a prominent family might have exercised mund over younger, unmarried female relatives. This meant he possessed the right and duty to protect their reputation, manage their dowries, and arrange suitable marriages to ensure their future security and the family's standing. Here, the family head is the guardian, and his actions demonstrate the right to protection of his kin's interests.

  • King's Peace: The concept of the "King's Peace" was an extension of the monarch's mund. The king had the ultimate right and responsibility to maintain order, enforce laws, and protect all his subjects and the realm from internal strife and external threats. Any crime committed was considered a breach of the king's peace, directly challenging his authority and his role as the supreme guardian embodying the right to protection for the entire kingdom.

Simple Definition

Historically, "mund" was an Old English legal term referring to a right to protection or guardianship. It could also denote the guardian who provided such protection. This concept highlights early forms of legal oversight and responsibility.

The life of the law has not been logic; it has been experience.

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