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Legal Definitions - cum curiis earumque exitibus

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Definition of cum curiis earumque exitibus

The Latin phrase cum curiis earumque exitibus, historically used in legal contexts, translates to "with courts, and the results or profits of the same."

This term described a specific right: the entitlement of certain courts, or the individuals and entities operating them, to keep the financial proceeds, fees, fines, or other monetary benefits generated by their judicial activities. In historical legal systems, particularly in feudal societies, this distinguished courts that could retain their earnings (like many local or manorial courts) from those that were obligated to remit all such profits to a higher authority, such as the King's treasury.

Here are some examples illustrating how this concept would have applied:

  • A Feudal Lord's Manorial Court: Imagine a powerful medieval lord who held extensive lands and the right to administer justice over his tenants. When his manorial court heard disputes, settled land claims, or imposed fines for minor offenses (like trespassing or petty theft), any money collected from these proceedings belonged directly to the lord. The principle of cum curiis earumque exitibus meant that the lord was entitled to these fines and fees, which would contribute to his personal income or the upkeep of his estate, rather than being sent to the King or another superior authority.

  • A Chartered Town's Municipal Court: Consider a prosperous medieval town that had been granted a royal charter, allowing it a significant degree of self-governance, including its own court system. This municipal court would handle local trade disputes, enforce town ordinances, and address minor criminal matters within the town's jurisdiction. The phrase cum curiis earumque exitibus would signify that the town council, on behalf of the town, had the right to retain the court fees, fines for breaking market rules, or penalties for public disturbances. These funds could then be used to finance town services, maintain infrastructure, or pay town officials, rather than being remitted to a distant royal treasury.

  • A Baron's Hereditary Jurisdiction: In some historical periods, certain barons or noble families held hereditary rights to administer justice within their specific territories, often stemming from ancient grants or customs. If a baron's court levied a fine against a tenant for failing to perform feudal duties or imposed a penalty in a local property dispute, the baron, by virtue of cum curiis earumque exitibus, would be the rightful recipient of that financial outcome. This right was a significant source of power and wealth for such noble families, underscoring their independent authority over their domain's judicial and financial affairs.

Simple Definition

"Cum curiis earumque exitibus" is a Law Latin phrase meaning "with courts, and the results or profits of the same." Historically, this term referred to the right of certain courts, such as Baron courts, to retain the profits generated from their proceedings, in contrast to the King's courts which had to remit all profits to the Crown.

If we desire respect for the law, we must first make the law respectable.

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