Legal Definitions - mulier puisne

The term mulier puisne is a historical legal concept from English common law. It refers to the younger, legitimate son born to parents who later married, especially when contrasted with an elder son born to the same parents before their marriage. The elder, illegitimate son in such a scenario was historically known as a "bastard eigné."

This legal distinction was particularly important in matters of inheritance. Historically, if an elder son (the "bastard eigné") was born out of wedlock but later inherited land from his father and held undisputed possession of it until his death, the law generally prevented the younger, legitimate son (the mulier puisne) from challenging the elder son's legitimacy posthumously to claim the inheritance. This rule aimed to prevent the disruption of established land titles and recognized the elder son's long-standing possession, effectively treating him as legitimate for that specific inheritance after his death.

• Example 1: Inheritance Stability

  Imagine a wealthy landowner in 16th-century England, Lord Blackwood, who had a son, Arthur, with a woman before they were married. Later, Lord Blackwood and the woman married and had another son, Edward. Edward is the mulier puisne. Upon Lord Blackwood's death, Arthur, as the elder son, inherited the family estate and managed it for many years until his own death. After Arthur's passing, Edward might have considered challenging Arthur's legitimacy to claim the estate for himself. However, under the historical common law rule, because Arthur had inherited and held the land without dispute during his lifetime, Edward would have been prevented from challenging Arthur's legitimacy posthumously. The law would consider Arthur legitimate for the purpose of that inheritance, prioritizing the stability of the land title.

• Example 2: Preventing Posthumous Disputes

  Consider a scenario in medieval times where a knight, Sir Reginald, had a son named Geoffrey with a woman before their marriage. Years later, Sir Reginald and the woman married and had another son, Henry. Henry is the mulier puisne. If Sir Reginald died, and Geoffrey (the elder, illegitimate son) took possession of Sir Reginald's lands and held them peacefully and without challenge until his own death, Henry (the mulier puisne) would historically be barred from arguing that Geoffrey was illegitimate in order to claim the land. This legal principle prevented the younger, legitimate son from disrupting an established inheritance after the elder son was no longer alive to defend his claim.

• Example 3: Protecting Long-Held Possession

  In a historical context, a prominent merchant, Mr. Thompson, had a son, Robert, with his partner before their eventual marriage. After they married, they had another son, William. William is the mulier puisne. When Mr. Thompson died, Robert (the elder, illegitimate son) inherited and successfully ran the family business and properties for several decades. If William later attempted to assert his claim by arguing that Robert was illegitimate, the historical common law would likely prevent this challenge. This rule was designed to protect the integrity of long-held property rights and to avoid the complex and often impossible task of proving legitimacy long after the fact, especially when the elder son had maintained undisputed possession.