Melchior Kling

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Melchior Kling (born December 1, 1504 in Steinau an der Strasse , † February 21, 1571 in Halle ) was a German lawyer and legal scholar.

Life

Born as the child of Hinz Kling and his wife Else, who came from poor backgrounds, Melchior Kling spent his youth as a caroled singer in Halle (Saale) and struggled to make ends meet. After they had found a good grasp on him, he could at after Jena outsourced Wittenberg University matriculate in September 4, 1527. As a student of Philipp Melanchthon , Johann Apels and Hieronymus Schurff , he received his doctorate in law in 1533, lectured at the university's law faculty on Liber Sextus in 1534 and commissioned by the Saxon Elector Johann Friedrich I of Saxony in 1534 .

In 1536 he received the canonical professorship at the Wittenberg University, which was connected with an adjunct at the Wittenberg court, and after he was rector of the university in the summer semester of 1539 , he was appointed to the electoral council in 1541. As such, he took part in the Reichstag in Regensburg and acted in the visitations of the Court of Appeal from 1543 to 1544. In 1536 he was arrested, but in 1537 refused the offer of a chancellor at the Saxon court. Offered at the court of Joachim II of Brandenburg and as a syndic in Lüneburg , he could not pursue him because his Saxon elector did not release him.

In 1544 he fell out of favor at the Saxon court because he had held consultations at other royal courts, including Cardinal Albrecht von Brandenburg , without the elector's permission. After the representatives of the university had stood up for him, an agreement was reached on February 11, 1545, according to which Kling committed himself to the electoral court for three more years. During this time he also assisted theologians in matters of marriage law, transferring the scientific principles of humanism to jurisprudence. His revision of the Sachsenspiegel , which the High Court dealt with at the beginning of Johann Friedrich I's term in office, was no longer completed by the Schmalkaldic War . Rather, Kling acted as ambassador to Denmark during the war , then settled in Halle as a legal adviser, served as a councilor to some princes and acted as assessor of the Schöppenstuhl in Halle, assessor of the Upper Court in Leipzig and the Court of Justice in Jena. He died a wealthy man.

Kling is a representative of a systematic direction among the German jurists of his time, such as his "Enarrationes in libros IV Institutionum" (1542) and his systematic processing of the Saxon land law ("The whole of Saxon land law brought into a correct order with text and Gloß ..." , Leipzig 1572) show. For the development of Protestant marriage law, the “Matrimonialium causam tractatus methodico ordine scriptus” (Frankfurt 1553) is important, a reworking of the excursus on marriage law in the “Enarrationes on Tit. Just. 1, 10 de nuptiis”.

family

Kling was married twice. He married his first wife Barbara Marschall von Bieberstein between 1533 and 1535 (she was born around 1515 and died in Wittenberg in 1541; her alleged nephew Nikolaus the Younger Marschall von Bieberstein married a granddaughter of Martin Luther in 1584, she was the widow of the bailiff in Sachsenburg Andreas Gentzel † 1514). The name of Kling's second wife is not known, but letters give the date of his wedding on November 30, 1541. Ten children are known from both marriages.

  1. Hans Kling, married in 1567 with Brigitte von Alnpeck from Tulckwitz
  2. Heinrich
  3. Melchior, lawyer and assessor of the Schöppenstuhl († August 31, 1594 in Halle), was married. with Katharina, daughter of Stephan Uden
  4. Georg (married in 1571 to Anna, the daughter of Kilian Goldstein the Elder)
  5. Katharina married 1554 with Wolff Holzwirth, pharmacist in Halle (Saale)
  6. Magaretha married 1563 with Dr. Johann Dumerich
  7. a daughter married with David Petersen, Pfänner in Halle
  8. a daughter married with Hans von Alnpeck
  9. Marie married with Paul von Jena , Pfänner zu Halle
  10. a daughter married with Hans Niclas von Wyhe, Pfänner in Halle

Selection of works

  • Enarrationes in quatuor Institutionum libros, Frankfurt a. M. 1542, 1543, 1545, Lyon a. Lions 1546, 1556, 1673
  • In praecipuos, & eos qui ad usum forensem prae caeteris faciunt, secundi libri, antiquarum Decretalium titulos, commentaria, Frankfurt a. M. 1550, 1606
  • Matrimonialium causarum tractatus methodico ordine scriptus, Frankfurt a. M. 1553, 1559;
  • The Gantze Sechsisch Landrecht with text and Gloß brought into a correct order, Leipzig 1572, 1577, 1600

literature

Web links