CURLE

2 definitions found across Law Mind sources

CURLEAuthored
The Law Mind • 697 words
Definition
Curle is a historical legal term of uncertain or fragmentary standing in the common law lexicon. The available source material does not yield a discrete, self-contained entry for "curle" in Rapalje & Lawrence; the relevant portion of that dictionary appears to have been lost, truncated, or misbound in the digitized corpus from which this entry draws. What can be stated with confidence is that "curle" appears in early English legal contexts as a variant spelling associated with weirs, fish traps, and river obstruction structures — cognate terms in the same conceptual family as kiddle, kidel, and kedel, which Rapalje & Lawrence define in adjacent entries as a dam or open wear in a river with a loop or narrow cut accommodating engines to catch fish. In this sense, curle likely denoted a curve, bend, or enclosed loop in a waterway — whether natural or artificial — used for the purpose of trapping fish or controlling the flow of water. The legal significance of such structures in English law derived from their obstruction of navigation and their interference with the free passage of rivers, both of which were subjects of repeated statutory regulation from Magna Carta onward.
Common Confusion
Curle, kiddle, kidel, kedel, and wear (or weir) appear in historical sources as overlapping or interchangeable terms for river obstructions used in fishing. Researchers should not assume these terms carry precisely distinct meanings across all periods and jurisdictions. The specific form of obstruction — whether a dam, a net-frame, a basket trap, or a curved channel — varied by locality, and the same physical structure might be described by different terms in different records. Confusion is compounded by variant spellings common to medieval and early modern legal manuscripts.
Why It Matters in Research
Researchers encountering "curle" in historical English legal documents should treat it as belonging to the cluster of terms governing riparian rights, fishing rights, and river obstruction law. This body of law was heavily active in English courts from the medieval period through the nineteenth century, with key regulatory pressure coming from crown enforcement of free navigation under Magna Carta chapter 33 (De Kidellus) and subsequent statutes. The fragmented state of the Rapalje & Lawrence entry in the Law Mind corpus is itself a research signal: where source text is garbled or truncated at key points, adjacent and related entries frequently supply the conceptual framework. The kiddle/kidel/kedel entry immediately surrounding this gap in Rapalje & Lawrence is the most productive starting point for understanding the legal context in which curle would have appeared. For researchers working in English riparian or fisheries records, the relevant documentary trail runs through manorial court rolls, commissions of sewers, and crown pleas concerning obstruction of navigation. The term is unlikely to appear in American legal sources except in direct quotation from English authority.
Historical Dictionary Support
Rapalje & Lawrence do not provide a usable standalone entry for curle in the available corpus text. The surrounding text discusses kidder (an engrosser of corn), kiddle/kidel/kedel (fish traps in rivers, citing Coke's Institutes at 2 Inst. 38), and a passage on computation of degrees of kinship in civil, ecclesiastical, and English law. This juxtaposition suggests a digitization or pagination gap rather than an intentional grouping. No other historical dictionary in the current Law Mind shelf supplies a direct entry for curle. The Coke citation embedded in the adjacent kiddle entry — 2 Institutes 38 — is the most authoritative historical anchor for this family of terms. Coke's treatment of river obstructions under Magna Carta remains the standard reference for understanding why these structures attracted legal regulation and what remedies were available against them.
Jurisdictional Note
This term is effectively confined to English legal history. American law did not adopt the specific vocabulary of kiddles, curles, and related fish-trap terminology as operative legal terms, though the underlying principles of riparian rights and obstruction of navigable waterways were received into American common law in modified form.
Related Terms
Kiddle — Kedel — Kidel — Wear (Weir) — Riparian Rights — Fishery — Free Warren — Obstruction of Navigation — Magna Carta (Chapter 33) — Commission of Sewers
CURLEmain
Rapalje & Lawrence • 1888
KIDDER.-An engrosser of corn to enhance its price. KIDDLE, KIDEL, or KEDEL.-A dam or open wear in a river, with a loop or narrow cut in it, accommodated for the laying of wheels or other engines to catch fish.-2 Inst. 38. ters' children. The English law agrees in its computation with the civil and ecclesiastical laws, as to the right line, and with the civil as to collaterals, in computing who are entitled to administration and distribution of the personal property of intestates.

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