A Guess for Dan Leeson
Dan Leeson, frequent contributor on Mozart at another website has asked there for opinions (even guesses) on the legal meaning of the Latin term ‘dispositio paterna inter liberos’ in connection with disposition of Leopold Mozart’s estate on his death in 1787. I hope this board will allow this post since I have no access to that place.
Well, Dan, here is my guess. Hope it might help. (My Latin is schoolboy at best).
I think a ‘dispositito paterna inter liberos’ could have been an archaic legal document in which the authorities (of the Salzburg Principality), aware of Leopold Mozart’s objection to the marriage of his daughter Nannerl but convinced by petition of the mutual consent that existed at the time between the man dYppold and the woman Nannerl Mozart to marry, recognised, officially at the time of Leopold’s estate being dispersed on his death that d’Yppold had incurred personal loss by Leopold Mozart’s attitude and also agreeing in writing that he, d’Yppold was entitled to compensation for Leopold's attitude, (father of the potential bride), for having thwarted what would otherwise have been a legitimate marriage. So the term may imply a legal document in favour of d’Yppold in which the Principality, acting as legal 'father' within the context of such a case (Leopold now dead) and applicable ‘inter liberos’ (between two free people) made official their judgement that he, d’Yppold had indeed suffered loss and could now be compensated from the estate of Leopold himself.
(If correct, tradition allowed parents to stop marriages. But, if such stoppage led to financial loss then (I suggest) such a legal document could be made (provided both parties to the proposed marriage agreed) from which one would materially benefit).
Just a guess.
Regards
Robert Newman
[This message has been edited by robert newman (edited 09-12-2006).]
Well, Dan, here is my guess. Hope it might help. (My Latin is schoolboy at best).
I think a ‘dispositito paterna inter liberos’ could have been an archaic legal document in which the authorities (of the Salzburg Principality), aware of Leopold Mozart’s objection to the marriage of his daughter Nannerl but convinced by petition of the mutual consent that existed at the time between the man dYppold and the woman Nannerl Mozart to marry, recognised, officially at the time of Leopold’s estate being dispersed on his death that d’Yppold had incurred personal loss by Leopold Mozart’s attitude and also agreeing in writing that he, d’Yppold was entitled to compensation for Leopold's attitude, (father of the potential bride), for having thwarted what would otherwise have been a legitimate marriage. So the term may imply a legal document in favour of d’Yppold in which the Principality, acting as legal 'father' within the context of such a case (Leopold now dead) and applicable ‘inter liberos’ (between two free people) made official their judgement that he, d’Yppold had indeed suffered loss and could now be compensated from the estate of Leopold himself.
(If correct, tradition allowed parents to stop marriages. But, if such stoppage led to financial loss then (I suggest) such a legal document could be made (provided both parties to the proposed marriage agreed) from which one would materially benefit).
Just a guess.
Regards
Robert Newman
[This message has been edited by robert newman (edited 09-12-2006).]