CURTANA (a latinized form of the A.-Fr. curtein, from Lat. curtus, shortened), the pointless sword of mercy, known also as Edward the Confessor’s sword, borne at the coronation of the kings of England between the two pointed swords of temporal and spiritual justice (see [Regalia]).
CURTEA DE ARGESH (Rumanian, Curtea de Arges; also written Curtea d’Argesh, Curtea d’Ardges, Argish and Ardjish), the capital of the department of Argesh, Rumania; situated on the right bank of the river Argesh, where it flows through a valley of the lower Carpathians; and on the railway from Pitesci to the Rothenthurm Pass. Pop. (1900) 4210. The city is one of the oldest in Rumania. According to tradition it was founded early in the 14th century by Prince Radu Negru, succeeding Câmpulung as capital of Walachia. Hence its name Curtea, “the court.” It contains a few antique churches, and was created a bishopric at the close of the 18th century.
The cathedral of Curtea de Argesh, by far the most famous building in Rumania, stands in the grounds of a monastery, 1½ m. N. of the city. It resembles a very large and elaborate mausoleum, built in Byzantine style, with Moorish arabesques. In shape it is oblong, with a many-sided annexe at the back. In the centre rises a dome, fronted by two smaller cupolas; while a secondary dome, broader and loftier than the central one, springs from the annexe. Each summit is crowned by an inverted pear-shaped stone, bearing a triple cross, emblematic of the Trinity. The windows are mere slits; those of the tambours, or cylinders, on which the cupolas rest, are curved, and slant at an angle of 70°, as though the tambours were leaning to one side. Between the pediment and the cornice a thick corded moulding is carried round the main building. Above this comes a row of circular shields, adorned with intricate arabesques, while bands and wreaths of lilies are everywhere sculptured on the windows, balconies, tambours and cornices, adding lightness to the fabric. The whole is raised on a platform 7 ft. high, and encircled by a stone balustrade. Facing the main entrance is a small open shrine, consisting of a cornice and dome upheld by four pillars. The cathedral is faced with pale grey limestone, easily chiselled, but hardening on exposure. The interior is of brick, plastered and decorated with frescoes. Close by stands a large royal palace, Moorish in style. The archives of the cathedral were plundered by Magyars and Moslems, but several inscriptions, Greek, Slav and Ruman, are left. One tablet records that the founder was Prince Neagoe Bassarab (1512-1521); another that Prince John Radu completed the work in 1526. A third describes the repairs executed in 1681 by Prince Sherban Cantacuzino; a fourth, the restoration, in 1804, by Joseph, the first bishop. Between 1875 and 1885 the cathedral was reconstructed; and in 1886 it was reconsecrated. Its legends have inspired many Rumanian poets, among them the celebrated V. Alexandri (1821-1890). One tradition describes how Neagoe Bassarab, while a hostage in Constantinople, designed a splendid mosque for the sultan, returning to build the cathedral out of the surplus materials. Another version makes him employ one Manole or Manoli as architect. Manole, being unable to finish the walls, the prince threatened him and his assistant with death. At last Manole suggested that they should follow the ancient custom of building a living woman into the foundations; and that she who first appeared on the following morning should be the victim. The other masons warned their families, and Manole was forced to sacrifice his own wife. Thus the cathedral was built except the roof. So arrogant, however, did the masons become, that the prince bade remove the scaffolding, and all, save Manole, perished of hunger. He fell to the ground, and a spring of clear water, which issued from the spot, is still called after him.
CURTESY (a variant of “courtesy,” q.v.), in law, the life interest which a husband has in certain events in the lands of which his wife was in her lifetime actually seised for an estate of inheritance. As to the historical origin of the custom and the meaning of the word there is considerable doubt. It has been said to be an interest peculiar to England and to Scotland, hence called the “curtesy of England” and the “curtesy of Scotland”; but this is erroneous, for it is found also in Germany and France. The Mirroir des Justices ascribes it to Henry I. K. E. Digby (Hist. Real Prop. chap. iii.) says that it is connected with curia, and has reference either to the attendance of the husband as tenant of the lands at the lord’s court, or to mean simply that the husband is acknowledged tenant by the courts of England (tenens per legem Angliae). The requisites necessary to make tenancy by the curtesy are: (1) a legal marriage; (2) an estate in possession of which the wife must have been actually seised; (3) issue born alive and during the mother’s existence, though it is immaterial whether the issue live or die, or whether it is born before or after the wife’s seisin; in the case of gavelkind lands the husband has a right to curtesy, whether there is issue born or not; but the curtesy extends only to a moiety of the wife’s lands and ceases if the husband marries again. The issue must have been capable of inheriting as heir to the wife, e.g. if a wife were seised of lands in tail male the birth of a daughter would not entitle the husband to a tenancy by curtesy; (4) the title to the tenancy vests only on the death of the wife. The Married Women’s Property Act 1882 has not affected the right of curtesy so far as relates to the wife’s undisposed-of realty (Hope v. Hope, 1892, 2 Ch. 336), and the Settled Land Act 1884, s. 8, provides that for the purposes of the Settled Land Act 1882 the estate of a tenant by curtesy is to be deemed an estate arising under a settlement made by the wife.
See Pollock and Maitland, Hist. Eng. Law; K. E. Digby, Hist. Real Prop.; Goodeve, Real Property.
CURTILAGE (Med. Lat. curtilagium, from curtile or cortile, a court or yard, cf. “court”), the area of land which immediately surrounds a dwelling-house and its yard and outbuildings. In feudal times every castle with its dependent buildings was protected by a surrounding wall, and all the land within the wall was termed the curtilage; but the modern legal interpretation of the word, i.e. what area is enclosed by the curtilage, depends upon the circumstances of each individual case, such as the terms of the grant or deed which passes the property, or upon what is held to be a convenient amount of land for the occupation of the house, &c. The importance of the word in modern law depends on the fact that the curtilage marks the limit of the premises in which housebreaking can be committed.