CUREE

2 definitions found across Law Mind sources

CUREEAuthored
The Law Mind • 924 words
Definition
Curee is a Law French term meaning "charged with" or "having charge or care of." It appears in medieval English legal records to describe a person or office entrusted with responsibility for something — most commonly a benefice or ecclesiastical living described as having cure of souls (cura animarum). The phrase "une benefice curee des almes" (a benefice charged with souls) illustrates the core sense: a formal obligation of care or custodianship attached to a position or office. The term is not in active use in modern Anglo-American law. It survives primarily as a relic in historical legal records, Year Books, and ecclesiastical documents from the Norman and early English common law period.
Common Confusion
Curee (charged with care) should not be confused with: — CURE (modern law): In contract law, the right of a seller or breaching party to remedy a defective performance before liability attaches. In real property, the right of a mortgagor to cure a default and reinstate a loan. In civil procedure, curing a defective filing such as a venue defect. These are distinct, active legal concepts with no etymological or doctrinal connection to curee beyond a shared Latin root (cura, care). — CURÉ: The French ecclesiastical title for a parish priest. While semantically related — a curé is precisely the clergyman who holds cure of souls — the English legal term curee describes the quality or charge attached to a benefice, not the title of the officeholder.
Why It Matters in Research
Researchers encountering curee in historical sources should recognize it as an adjective or past participle modifying a noun — a benefice, an office, a person — meaning that the subject is formally charged with or entrusted with care. It is not a standalone noun denoting a person or institution. The most important research context is ecclesiastical law. The phrase "cure of souls" (cura animarum in Latin, curee des almes in Law French) was the defining obligation of a parish incumbent. A benefice curee was one carrying this duty, as distinct from a sinecure (literally, "without cure"), which carried income but no pastoral obligation. Researchers working in records of ecclesiastical appointments, presentations, advowsons, or tithe disputes will encounter this distinction repeatedly. The term also connects to the broader vocabulary of legal French used in the Year Books. Burrill's entry cross-references the Yearbook of Trinity Term, 9 Edward III (1335), which is a reliable pointer to the archaic register in which this language operates. Researchers using Year Book sources should be alert to Law French orthographic variation — curee may appear with different spellings across manuscripts and printed editions. Do not confuse curee with the modern legal term "cure," which has independent and significant meaning in contract and commercial law (right to cure defective performance), real property law (cure of default), and procedural law (cure of venue defects). The phonetic and visual similarity can mislead a researcher scanning secondary literature.
Historical Dictionary Support
Burrill's Law Dictionary is the primary anglophone source for this term. Burrill treats it briefly but accurately, defining it as "charged with; having charge or care of" and illustrating it with the Year Book phrase about a benefice charged with souls. The entry is compact and carries no analytical elaboration — consistent with Burrill's treatment of Law French terms of limited doctrinal significance. Burrill's entry runs directly into CURFEW, a proximity that is purely alphabetical and carries no substantive connection. Researchers should not infer any relationship between curee and curfew. Other major historical dictionaries — Jacob's Law Dictionary, Tomlin's, Bouvier's — do not appear to carry a separate entry for curee. Its absence from Bouvier's, which was shaped heavily toward American practice, is unsurprising given the term's obsolescence by the nineteenth century. Researchers needing fuller ecclesiastical context should consult specialized dictionaries of canon law or glossaries of Law French such as those found in editions of Britton or Fleta, or in Kelham's Dictionary of the Norman or Old French Language (1779).
Jurisdictional Note
Curee belongs to the Norman French legal vocabulary of medieval English law and has no operative meaning in any current common law jurisdiction. It is relevant exclusively in historical research involving English ecclesiastical and property records predating the displacement of Law French in legal proceedings.
Encyclopedia Cross-Reference
The modern legal concept of "cure" — distinct from this historical term — is addressed in three Law Mind Encyclopedia entries: Breach — Cure of Defective Performance (UCC § 2-508) (The Law Mind Contracts & Commercial Law Encyclopedia) Foreclosure — Overview, Default, Acceleration, and the Right to Cure (The Law Mind Real Estate Transactions & Construction Encyclopedia) Venue — Transfer Under 28 USC 1406(a) and Cure of Venue Defects (The Law Mind Civil Procedure & Evidence Encyclopedia)
Related Terms
Cure of souls — the pastoral obligation attached to a parish benefice; the substantive duty that curee describes as charged Sinecure — a benefice or office without cure of souls; the direct contrast term Advowson — the right to present a clerk to a benefice; frequently litigated in medieval English law alongside questions of whether a living was curee Benefice — the ecclesiastical living or office to which curee attaches Incumbent — the holder of a benefice carrying cure of souls Law French — the Norman French legal register in which curee appears Cure (contracts) — modern right to remedy defective performance; related only by etymology Cura animarum — the Latin equivalent of cure of souls; appears in ecclesiastical Latin records alongside the Law French form
CUREEmain
Burrill's Law Dictionary • 1867
L. Fr. Charged with; having charge or care of. Une benefice curee des almes. Yearb. T. 9 Edw. III. 14. CURFEW, Curfeu. [L. Fr. couvre feu; from couvrir, to cover, and feu, fire; L. Lat. ignitegium.] In old English law. A bell which rang at eight o'clock in the evening, in the time of William the Conqueror, by which every person was commanded to rake up, or cover his fire, and put out his light. Termes de la Ley. Cowell. Spelman. 4 Bl. Com. 420. Tomlins. This was abolished by Henry I., but the term was long applied in England to the ringing of any bell customarily towards bed-time. Stow's Annals. Cowell. See Ignitegium. In Scotland, (where it was called curphour,) in the time of James I. this bell was to be rung in boroughs at nine in the evening, which hour, in the time of James. VI., was changed to ten. Barringt. Obs. Stat. 153, 154.

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