MULNES

2 definitions found across Law Mind sources

MULNESAuthored
The Law Mind • 599 words
Definition
An archaic Law French term meaning "middle." Appearing in legal contexts primarily in the phrase *le mulnes frere* ("the middle brother"), it was used in early English property and inheritance law to identify the intermediate sibling in a line of brothers — that is, neither the eldest nor the youngest, but the one born between them. The term has no independent doctrinal significance of its own; it functions as a descriptive modifier within the older literature on estates, descent, and the rules governing coparcenary and partition among siblings.
Why It Matters in Research
Researchers encounter MULNES almost exclusively in pre-modern English sources, particularly those touching on the rules of descent under feudal tenure. Littleton's *Tenures*, from which Burrill draws his citation (sect. 5), is the primary locus. A researcher working through Coke upon Littleton or early treatises on real property may meet this term without any surrounding explanation, since medieval legal authors assumed familiarity with basic Law French vocabulary. The practical trap: because MULNES is a positional descriptor rather than a term of art with independent legal consequences, it is easy to overlook its significance in a passage about partition, dower, or inheritance disputes among co-heirs. The identity of the "middle brother" could matter in chains of title, in disputes over which sibling took by descent versus purchase, or in the apportionment of services among coparceners. Do not confuse the headword with what follows it in Burrill's entry. Burrill's dictionary runs MULNES directly into MULTA (or MULTURA) EPISCOPI — a wholly unrelated Latin term concerning a bishop's fine paid to the crown for probate and administration powers. This is an artifact of alphabetical organization in the original dictionary, not a conceptual link between the two terms.
Historical Dictionary Support
Burrill's Law Dictionary provides the sole historical dictionary treatment identified in the Law Mind corpus. The entry is brief: it identifies MULNES as Law French for "middle," supplies the phrase *le mulnes frere* ("the middle brother"), and cites Littleton section 5 as authority. No further elaboration is given, which reflects the term's status as vocabulary rather than doctrine. Historical legal dictionaries of this period typically handled basic Law French descriptors tersely, reserving extended treatment for terms carrying their own procedural or substantive weight. MULNES falls into the former category. Researchers should not expect richer treatment in comparable shelf sources such as Tomlin's or Jacob's Law Dictionary, where Law French vocabulary entries are similarly compressed. Burrill's proximity of MULNES to MULTA EPISCOPI in the same physical entry block is a known artifact of his alphabetical method and should not mislead researchers into treating the two as doctrinally related.
Jurisdictional Note
MULNES is a term of historical English law with no modern jurisdictional application. It appears only in the context of pre-modern English real property and inheritance doctrine and has left no direct trace in American, Canadian, or post-reform English statutory law.
Related Terms
COPARCENARY — the tenure under which sisters (and sometimes brothers) inherited jointlythe context in which sibling identification most frequently mattered DESCENT — the rules governing inheritance by operation of lawwhere birth order among siblings could affect entitlement PRIMOGENITURE — the rule favoring the eldest sonwhich gave the distinction between eldestmiddleand youngest brothers practical legal consequence MULTA (or MULTURA) EPISCOPI — the adjacent Burrill entryan unrelated term concerning episcopal fines; distinguished here to prevent confusion arising from Burrill's formatting LAW FRENCH — the broader linguistic register from which MULNES derives; relevant when researching any pre-modern English legal source
MULNESmain
Burrill's Law Dictionary • 1870
L. Fr. Middle. Le mulnes frere; the middle brother. Litt. sect. 5. MULTA (or MULTURA) EPISCOPI. L. Lat. [from Lat. mulcta.] In old English law. A bishop's fine; a fine given to the king, that a bishop might have power to make his last will and testament, and to have the probate of other men's, and the granting administrations. 2 Inst. 491. Cowell. Multa conceduntur per obliquum, quæ non conceduntur de directo. Many things are allowed indirectly which are not allowed directly. 6 Co. 47, Dowdale's case. Multa in jure communi contra rationem disputandi, pro communi utilitate introducta sunt. Many things have been introduced into the common law with a view to the public good, which are inconsistent with sound reason. Co. Litt. 70 b. Broom's Μαχ. 67, [117.] See Dig. 9. 2. 51. 2. Multa transeunt cum universitate, quæ non per se transeunt. Many things pass with the whole, which do not pass separately. Co. Litt. 12 a. Hob. 335. Multiplicata transgressione crescat pænæ inflictio. As transgression is multiplied, the infliction of punishment should increase. 2 Inst. 479.

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