CHAP. X.
When the Plea proceeds by virtue of this Writ, the complainant shall, in the County Court, and before the Sheriff, recover his services, whether they consist in Reliefs or other things, according to the Custom of the County Court. And, if he should prove his right, the Adverse party shall render the reasonable Relief to his Lord, and shall, in addition, be amerced to the Sheriff; it being a general principle, that the Amercement which results from every suit, which has been carried on and determined in the County Court, belongs to the Sheriff. The amount of it, indeed, has been ascertained by no general Assise,[361] but is regulated by the Customs of different Counties; in one County more, in another less.
CHAP. XI.
It follows that we speak concerning Purprestures. A Purpresture, or more properly speaking, a Porpresture,[362] is when any thing is unjustly encroached upon;[363] against the King; as in the Royal Demesnes, or in obstructing public ways, or in turning public waters from their right course; or when any one has built an Edifice in a City upon the King’s Street. And, generally speaking, whenever a Nuisance is committed affecting the King’s Lands, or the King’s High Way, or a City, the suit concerning it belongs to the King’s Crown. But Purprestures of this description are enquired after, either in the King’s Chief Court, or before his Justices sent into the different parts of the Kingdom[364] for the purpose of making such Inquisitions, by a Jury of the Place,[365] or Vicinage. And if, by such Jury, a man be convicted of having made any Purpresture of this kind, he shall be amerced to the King to the extent of the whole Fee that he holds of him, and shall restore that which he has encroached upon; and, if convicted of having encroached by building in a City upon the King’s Street, the Edifices shall belong to the King; those, at least, which are found to be constructed within the Royal District; and, notwithstanding, he shall be amerced to the King.
An Amercement[366] to the King is, when any one has been so far amerced, by the oaths of lawful Men of the Vicinage, as not to lose any part of his Honorable Contenement.[367] When a person has made a purpresture against any other than the King, he will either have made it against his own Lord, or against another. In the former Case, if the offence come not within the Assise,[368] then, the offender shall be distrained to appear in the Lord’s Court, to answer concerning it—I mean, if he holds any other Tenement of the Lord. For this purpose the following Writ shall issue——
CHAP. XII.
“The King to the Sheriff, Health. I command you, that you compel N., that without delay, he appear in the Court of I. his Lord, and there abide by the right concerning his free Tenement, that he hath encroached against him, as he says, least, &c. Witness, &c.”