[Footnote 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.] [Footnote 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.] [Footnote 365: _Patriæ._ Vide Spelm. Gloss. ad voc. also 3 Bl. Com. 349. and 375. and Mr. Christian’s Note.] 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—— [Footnote 366: Having already spoken of Amercements, we shall here merely remark that in the reigns of William the Conqueror and his Son Rufus, they were no less immoderate, than oppressive. Henry the First was compelled, by the peculiar difficulties of his situation, to make many concessions.—One of which was, that amercements should no longer be assessed, as they had been in his Father’s and Brother’s reigns, to the extent of the whole property of the offender, but should be proportionate to the crime—_sicut retro a tempore patris mei et fratris mei in tempore aliorum antecessorum meorum_. (LL. Hen. 1. c. 1.) If these words mean any thing, they imply, that Henry merely restored the Common Law, which his Father and Brother had violated. How ill this concession was observed, we may conjecture, from its having been felt necessary to make it part of the great charter. (See 2 Inst. 27.)] [Footnote 367: _V. Gul. Somn. Notas ad LL. 1. Cap. 1. p. 176._ (Al. MS.)] [Footnote 368: _Infra Assisam_—That is, says Skene, within the time within which his Action should be pursued, or else to be holden as prescribed. (Reg. Maj. L. 2. c. 74.)] 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.” CHAP. XIII.