Contenementum.L

Lat. [from con, together, and tenementum, a tenement* or thing holden; L. Fr. contenance.] In old English law. A contenement; that which is held together with another thing; that which is connected with a tenement or thing holden; countenance, appearance, credit or reputation.* See infra. The precise meaning of this word is uncertain. It occurs in the following passage of Magna Charta. Liber homo nan amercietur pro par vo delicto, nisi secundum modum illius delicti: et pro mgno delicto secmi' dum mgnittidinem delicti, salvo sibi contenemento suo; et mercator eodem modo, salya wercandisa; et villanus— a Xvo wainagio suo, A freeman shall not be amerced for a small offence, but after the manner of the offence; and for a great offence, according to the magnitude of the offence, saving to him his contenement; and a merchant m the same way, saving his merchandise; and a villein — saving his wainage. Magna Charta, c. 14. Spelman. Termesdelaley. Cou>elL The word occurs in the same form in Glanville and Bracton. Glanv, Hb. 9, c. 8. Bract, fol. 116 b. Fleta calls it continentia, Fleta, lib. 1, c. 43. The Frenchm is contenance, though contenement is used in the French statute of Wes(Jhiinster 1, c. 6. The author of the Termes de la ley defines contenement to be " the freehold land that lies to [that is, adjoining] the tenement or dwelling-house that is in one's own occupation." Sir Henry Spelman translates contenementum by the word countenance, on the analogy of the similarly formed word manu tenementum, the Latin for maintenance; and, without any particular reference to land, defines it to be " the reputation or standing which a man has in the state/' or " the outward appearance of his condition," a9timaiio et cond Uionis forma, quA quis tn republica subsistit.) Lord Coke de Ones it to be " a man's countenance, [credit or repatation ] which he has together with [con] and by reason of his freehold," \tenementum.] 2 Inst, 28. Blount. The most reasonable opinion to be deduced from the whole language of the provision of Magna Charta above quoted, ems to be, that this contenementumt mentioned as the characteristic property of the free man, was a certain quantity of land exempted from amercement, on the ground of being necessary for its owner's support, like the wares of a merchant, or the wains of an agricultural bondman; land being in those days as essential to the creditable subsistence or countenance in society of the freeholder, (Zifttfr homo,) as the other kinds of property named were to the subsistence of their respective owners. See 4 BL Com. 379. As to the particular description and quantity of land 60 exempted, the definition first abovB given seems to convey the most satisfactory interpretation, viz.: that it was limited to the freehold land adjoining to, and necessary to the reputable enjoyment of the party's dt Delling.