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.
[Footnote 361: “By the general Assise or Assembly,” meaning the
Parliament, according to Judge Blackstone. 1. 148.]
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.
[Footnote 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.)]
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