Mompar

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Mompar or Momber is a term from the medieval and early modern administration of justice . He designates an agent, guardian or advocate before the lower court or lay judge.

etymology

The name originated in the 15th and 16th centuries from Middle High German munt-bor , Old High German munt-boro : protective carrier, protector, from which the Middle Latin form mamburnus, manburnus, mumburnus, mambrimus, manber, menpber, mundbaer arose. Mundbora (guardian, protector, patron) is already in use in the Old English language before 750 . In the German-speaking area, the term mombar has been handed down in various spellings since the 14th century and describes a "representative, authorized representative, trustee, auditor or lawyer". The Mompar is also documented as a “person who is entrusted with the care of people or property, guardian, curator, executor”.

Function in the administration of justice

Originally, the role of Mompar was different from that of advocate. At least for the Rhine-Main area, it must be proven that the separation of the two offices was lifted at the beginning of the 15th century, for example in Frankfurt am Main. The court order for the court of lay judges in Koblenz, issued by Archbishop Richard von Trier on October 1, 1515, regulated the use of a Mompar or advocate (procurator) in an identical manner: Two lay judges or an imperially accredited notary had to be declared that a party was through a Mompar should be represented. The process was chargeable. The declaration could also be made legally valid before another court (§27). Women were excluded from the office of Mompar as well as of advocate (§28). The sub-court regulations of the duchies of Zweibrücken and the county of Sponheim prescribe the representation of persons incapable of doing business (“minors, deaf, mute, foolish , nonsensical and the like”) by a curator ad litem . For this “guardian, guardian, Vogt or Mompar” come into question.

literature

  • Alexander Krey: The practice of lay judiciary in the late Middle Ages. Court and legal landscapes of the Rhine-Main area in the 15th century in comparison . Böhlau, Cologne / Weimar / Vienna 2015, ISBN 978-3-412-22462-2 .

Individual evidence

  1. ↑ Momber. In: Jacob Grimm , Wilhelm Grimm (Hrsg.): German dictionary . tape 12 : L, M - (VI). S. Hirzel, Leipzig 1885 ( woerterbuchnetz.de ).
  2. ↑ Momber . In: Heidelberg Academy of Sciences (Hrsg.): German legal dictionary . tape 9 , issue 5/6 (edited by Heino Speer and others). Hermann Böhlaus successor, Weimar 1994, ISBN 3-7400-0966-7 ( adw.uni-heidelberg.de ).
  3. ↑ Alexander Krey: The practice of the late medieval lay judiciary. Court and legal landscapes of the Rhine-Main area in the 15th century in comparison . Böhlau, Cologne / Weimar / Vienna 2015, ISBN 978-3-412-22462-2 , pp. 480 .
  4. ↑ JJ Scotti (Ed.): Collection of laws and ordinances which were passed in the former Electorate of Trier on matters of state sovereignty, constitution, administration and administration of justice . tape 1 . Joseph Wolf, Düsseldorf 1832, p. 246 , §27 ( Text Archive - Internet Archive ).
  5. ↑ Chancellery of the Duke of Pfalz-Zweibrücken (ed.): Untergerichts -ordnung des Herzogtums Zweibrücken . Georg Nicolai, Zweibrücken 1722, p. 75 ( limited preview in Google Book search).
  6. ^ Romeo Maurenbrecher (Ed.): The Rhine Prussian land rights . Georg Nicolai, Zweibrücken 1722, p. 262 ( limited preview in Google Book search).