The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Legal Definitions - incurramentum

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Definition of incurramentum

Incurramentum is a historical legal term that refers to the act of becoming liable for a fine or penalty.

In essence, it describes the situation where an individual or entity committed an offense, violated a rule, or breached a duty, thereby subjecting themselves to a specified punishment, which was typically monetary.

  • Example 1: In a medieval town, local statutes often dictated that merchants must close their shops by a certain hour. If a baker, Master Elara, continued to sell bread past the curfew, she would be found in violation of the town's ordinance.

    This act would lead to the incurramentum of a fine imposed by the town's magistrate, meaning she became legally responsible for paying that penalty due to her non-compliance.

  • Example 2: During the feudal era, a tenant farmer was often required to perform a certain number of days of labor on the lord's land as part of their tenancy agreement. If a farmer, named Thomas, repeatedly failed to show up for his assigned labor duties without a valid excuse, he would be in breach of his obligations.

    Thomas's failure to perform his duties would result in the incurramentum of a penalty, which could range from an additional payment to the lord to the forfeiture of some of his harvest.

  • Example 3: Imagine a 17th-century guild of carpenters that had strict rules about the quality of wood and construction techniques used by its members. A journeyman carpenter, Arthur, was caught using substandard timber for a client's furniture, directly violating the guild's established quality standards.

    Arthur's actions would lead to the incurramentum of a penalty from the guild, which might involve a fine, a temporary ban from practicing his trade, or even a more severe sanction for undermining the guild's reputation.

Simple Definition

Incurramentum is a historical legal term derived from Latin, meaning "to run upon" or "to fall into." It refers specifically to the act of incurring or becoming subject to a fine or penalty.

It is better to risk saving a guilty man than to condemn an innocent one.

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