[Footnote 356: _Contenementum_, a word of frequent recurrence in the
old Books and Statutes. “Mr. Selden in his table talk says, that
the word _contenementum_ signifies the same with _countenance_, as
used by the country people, when intending to receive a person with
hospitality, they say—_I will see you with the best countenance_. So
that the meaning of Magna Carta (where this word occurs) is, a man
shall not be so fined, but that he may be able to give his neighbour
good entertainment.” (Barr. Anc. Stat. p. 12. See also 4 Bl. Comm.
378.)]
[Footnote 357: _Aid_ and _relief_ do not always appear to be used by
the old Books, in different senses. Speaking of the aids, mentioned
in the present passage of the text, the Norman Code says, _Hujusmodi
relevia in quibusdam feodis dimidio relevio equalia: et in quibusdam
feodis decem solidos_. Hence, the ancient custom was to be followed.
(Le Grand Cust. de Norm. c. 35.) When Bracton wrote, these aids were
considered as matter of grace, rather than of right, being, as he terms
them, customs, not services, and personal to the Tenant, not prædial.
(36. b.) Judge Blackstone notices the great resemblance, which, in the
particular of aids, the Lord and Vassal of the Feudal Law bore to the
patron and client of the Roman Law: the patron being entitled to three
aids from his client, viz. to marry his Daughter, to pay his Debts, and
to redeem his person from captivity. (2 Com. 63.) Generally, see Co.
Litt. 76. a. and Mr. Hargrave’s note 1. 2 Inst. 231. 232, and Mirror,
c. 1. s. 3.]
[Footnote 358: _Homagers._ Bodln. MS.]
[Footnote 359: _Justiciare._ _Justiciatio_, says the Norman Code,
_est coarctatio super aliquem facta, ut juri pareat_. Having given
this definition, it goes on to observe, that it ought not to precede,
but follow the offence—that there were three things that authorised
it—_transgressio termini prefixi_—_contemptus justiciæ_, and _irrogatio
Injuriæ_. We learn from the same source, that this _Justiciatio_ was
by distraining the goods, or the Fee, or by taking the body. (Le Grand
Custum. de Norm. c. 6.)]
CHAP. IX.
“The King to the Sheriff, Health.[360] I command you that you adjudge
_N._ that, justly and without delay, he render to _R._ the Customs and
right Services which he ought to render him, for the Tenement that he
holds of him, in such a Vill, as can be reasonably shewn to be due to
him, least he again complains for want of right. Witness, &c.”
[Footnote 360: F.N.B. 337.]
CHAP. X.
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