[355] By the Norman Code it was fixed at half the Relief paid by the mesne to the Chief Lord. (Grand Cust. c. 35.)
[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.)
[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.
[358] Homagers. Bodln. MS.
[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.)
[360] F.N.B. 337.
[361] “By the general Assise or Assembly,” meaning the Parliament, according to Judge Blackstone. 1. 148.
[362] Purprestura vel Porprestura—“And because, it is properly, when there is a House builded or an Enclosure made of any part of the King’s Demesnes, or of an Highway, or of a common street, or public water, or such like public thing, it is derived of the French pourpris, which signifieth an enclosure.” (Co. Litt. 277. b.) The term purpresture seems to have been understood by our old Lawyers in three senses. 1st. as committed against the King, by a subject. 2d. as committed by a Tenant, against the Lord of whom he held his fee. 3d. as committed by one neighbour, against another. (Vide Craig Jus feud. L. 1. D. 16. c. 10. and L. 3. D. 5. s. 6. 7. Spelm. Gloss. ad voc. Cowell’s Interp. Manwood’s Forest Laws. p. 169. 176. Grand Norm. Cust. c. 10. &c. &c. and Traités sur les Coutumes Anglo-Norm. par Houard. 1. 387.)
[363] Occupatur. “Occupationes,” says Lord Coke, “are taken for usurpations upon the king, and, it is properly, when one usurpeth upon the king, by using of liberties and franchises which he ought not to have; and, as an unjust Entry upon the king into Lands or Tenements, is called an intrusion, so an unlawful using of franchises or liberties is said an Usurpation: but occupationes in a large sense are taken for purprestures, intrusions, and usurpations.” (2 Inst. 272.) The Reader may also consult Dialog. de Scacc. L. 2. s. 10.
[364] Bracton tells us, that it was, in his time, an Article of the Eyre to inquire, de purpresturis factis super dominum Regem, sive in ferru, sive in mari, sive in aqua dulci, sive infra libertatem, sive extra. (116.) See also 2 Inst. 272. 4 Chap. Stat. de Bigamis. Co. Litt. 293. b. 294. a.