Legal Definitions - mulierty

Mulierty is a historical legal term that referred to the status of a child born within a lawful marriage. This status conferred full legal rights and recognition, distinguishing such children from those born outside of marriage, who historically faced significant legal disadvantages. In essence, mulierty meant being legally legitimate, which was crucial for matters like inheritance, property rights, and social standing.

Here are some examples illustrating the concept of mulierty:

• Inheritance of Property: Imagine a wealthy merchant in 17th-century England who dies without a will. He had two children: one born to his wife during their marriage, and another born to a different woman with whom he had a long-term relationship outside of marriage. Under the legal principles of the time, only the child born within the lawful marriage would possess mulierty. This child would be legally recognized as the legitimate heir, entitled to inherit the merchant's estate, while the child born outside of marriage would typically have no legal claim to the inheritance, regardless of biological parentage.

• Succession to a Noble Title: Consider a duke in medieval France who has a son with his duchess and also a son from a relationship with a lady-in-waiting. When the duke passes away, the question of who inherits his title and lands arises. Only the son born to the duchess within their recognized marriage would possess mulierty. This legal status would make him the legitimate heir to the dukedom, ensuring the continuation of the noble line through a recognized marital union. The son born outside of marriage, despite being biologically related, would be legally excluded from succession due to lacking mulierty.

• Parental Rights and Guardianship: Suppose a child's mother dies in the 18th century, and there is a dispute over who should raise the child. If the child possessed mulierty, meaning they were born within the mother's lawful marriage, their legal father (the mother's husband) would automatically have recognized parental rights and responsibilities, including guardianship. However, if the child was born outside of marriage, the biological father might not have had the same automatic legal standing or rights, and the child's legal status and guardianship could be far more complex and precarious, often falling to the mother's family or even the state without the same legal protections afforded by mulierty.