fuch his intention, actually took it into poffeffion, fhould thereby gain the abfolute property of it; according to that rule of the law of nations, recognised by the laws of Rome, Quod nullius eft, id ratione naturali occupanti conceditur. This right of occupancy, fo far as it concerns real property, hath been confined by the laws of England within a very narrow compafs; and was extended only to a fingle inftance; namely, where a man was tenant pour autre vie, or had an estate granted to bimfelf only for the life of another man, and died during the life of ceftuy que vie, or him by whofe life it was holden: in this cafe, he that could firft enter on the land, might lawfully retain the poffeffion fo long as ceftuy que vie lived by right of occupancy. This feems to have been recurring to first principles, and calling in the law of nature to afcertain the property of the land, when left without a legal owner. For it did not revert to the granter, who had parted with all his intereft, fo long as ceftuy que vie lived; it did not efcheat to the lord of the fee; for all efcheats muft be of the abfolute entire fee, and not of any particular eftate carved out of it, much less of fo minute a remnant as this: it did not belong to the grantee; for he was dead; it did not defcend to his heirs; for there were no words of inheritance in the grant: nor could it vest in his executors; for no executors could fucceed to a freehold. Belonging therefore to nobody, like the bæreditas jacens of the Romans, the law left it open to be feized and appropriated by the firft perfon that could enter upon it, during the life of ceftuy que vie, under the name of an occupant. But there was no right of occupancy allowed where the king had the reverfion of the lands: for the reversioner hath an equal right with any other man to enter upon the vacant poffeffion; and where the king's title and a fubject's interfere, the king's fhall always be preferred. Against the king therefore there could be no prior occupant, because nullum tempus occurrit regi. And, even in the case of a subject, had the eftate pour autre vie been granted to a man and his heirs during the life of ceftuy que vie, there the heir might, and ftill may, enter and hold poffeffion, and is called in law a special occupant; as having a special exclufive right, by the terms of the orginal grant, to enter upon and occupy this bæreditas jacens, during the refidue of the eftate granted; though fome have thought that fuch eftate is rather a defcendible freehold. But the title of common occupancy is now reduced almoft to nothing by two ftatutes; the one, 29 Car. II. c. 3. which enacts, that where there is no special occupant, in whom the estate may ve, the tenant pour autre vie may devife it by will, or it fhall go to the executors, and be affets in their hands for payment of debts: the other that of 14 Geo. II. c. 20. which enacts, that it fhall veft not only in the executors, but, in cafe the tenant dies inteftate, in the adminiftrators alfo; and go in courfe of a diftribution like a chattel intereft. By these two ftatutes the title of common occupancy is utterly extinct and abolished: though that of special occupancy, by the heir at law, continues to this day; fuch heir being held to fucceed to the ancestors eftate, not by defcent, for then he must take an eftate of inheritance, but as an occupant, specially mark VOL. XVI. PART I.

ed out and appointed by the original grant. For the flatutes must not be conftrued fo as to create any new eftate, or to keep that alive which by the common law was determined, and thereby to defeat the granter's reverfion; but merely to dispose of an intereft in being, to which by law there was no owner, and which therefore was left open to the firft occupant. When there is a refidue left, the ftatutes give it to the executors, &c. instead of the first occupant; but they will not create a refidue on purpose to give it to the executors. The only mean to provide an appointed instead of a cafual, a certain inftead of an uncertain, owner, of lands which before were nobody's; and thereby to fupply this cafus omiffus, and render the dif pofition of the law in all refpects entirely uniform: this being the only inftance wherein a title to a real estate could ever be acquired by occupancy. In the cafe of a fole coporation, as a parfon of a church, when he dies or refigns, though there be no actual owner of the land till a fucceffor be appointed, yet there is a legai potential ownership, fubfifting in contemplation of law; and when the fucceffor is appointed, his appointment fhall have a retrospect and relation backwards, fo as to entitle him to all the profits from the inftant that the vacancy commenced. And, in all other iuftances, when the tenant dies inteftate, and no other owner of the lands is to be found in the common courfe of defcents, there the law vefts an ownership in the king, or in the fubordinate lord of the fee, by efcheat. So alfo, in fome cafes, where the laws of other nations give a right by occupancy, as in lands newly cre ated, by the rifing of an island in a river, or by the alluvion or dereliction of the fea; in these inftances, the law of England affigns them an immediate owner. For Bracton tells us, that if an ifland arife in the middle of a RIVER, it belongs in common to thofe who have lands on each fide thereof; but if it be nearer to one bank than the other, it belongs only to him who is proprietor of the neareft hore; which is agreeable to the civil law. Yet this feems only to be reasonable, where the foil of the river is equally divided between the owners of the oppofite fhores; for if the whole foil is the freehold of any one, as it must be whenever a feveral fishery is claimed, there it feems juft (and fo is the practice) that the inlets, arifing in any part of the river, fhall be the property of him who owneth the pifcary and the foil. However, in cafe a new ifland rife in the fea, though the civil law gives it to the first occupant, yet our's gives it to the king. And as to lands gained from the fea, either by alluvion, by the washing up of fand and earth, fo as in time to make terra firma; or by dereliction, as when the fea fhrinks back below the ufual water-mark; in thefe cafes the law is held to be, that if this gain be by little and little, by fmall and imperceptible degrees, it fhall go to the owner of the land adjoining. For de minimis non curat lex: and, befides, thefe owners being often lofers by the breaking in of the fea, or at charges to keep it out, this poffible gain is therefore a reciprocal confideration for fuch poffible charge or lofs. But if the alluvion or dereliction be sudden and confiderable, in this cafe it belongs to the king; for, as the king Hh

is

the falt works for the perfons who are the fworn officers that allot in particular places what quan tity of falt is to be made, that the markets may not be overstocked, and fee that all is carried fairly and equally between the lord and the tenant.

is lord of the fea, and fo owner of the foil while it is covered with water, it is but reasonable he fhould have the foil when the water has left it dry So that the quantity of ground gained, and the time during which it is gained, are what make it either the king's or the fubject's property. In the fame manner, if a river, running between two lordships, by degrees gains upon one, and thereby leaves the other dry; the owner who lofes his ground thus imperceptibly has no remedy: but if the courfe of the river be changed by a fudden and violent flood, or other hafty means, and thereby a man lofes his ground, he shall have what the river has left in any other place as a recompenfe for this fudden lofs. And this law of alluvions and derelictions, with regard to rivers, is nemy the fame in the imperial law; from whence indeed thofe our determinations feem to have Been drawn and adopted: but we curfelves, as iflanders, have applied them to marine increafes, and have given our fovere.gn the prerogative he enjoys, as well upon the particular reafons before mentioned, as upon this other general ground of prerogative, formerly remarked, that whatever hath no other owner is vested by the law in the king. See PREROGATIVE.

(1.)* OCCUPANT. n. f. [occupans, Latin.] He that takes poffeffion of any thing.-Of beats and birds the property paffeth with the poffeffion, and goeth to the occupant; but of civil people not fo. Bacon.

(2.) OCCUPANT. See OCCUPANCY. *To OCCUPATE. v. a. [occupo. Latin.] To poffefs; to hold; to take up.-Drunken men are taken with a plain deftitution in voluntary motion; for that the fpirits of the wine opprefs the fpirits of the animal, and occupate part of the place where they are, and fo make them weak to move. Bacon's Nat. Hift.

(1.) * OCCUPATION. n. f. [from occupation, Fr. occupatio, Lat.] 1. The act of taking poffeffion. -Spain hath enlarged the bounds of its crown within this laft fixfcore years much more than the Ottomans: I speak not of matches or unions, but of arms, occupations, invafions. Bacon. 2. Employment; bufinefs. Such were the diftreffes of the then infant world; fo inceffant their occupations about provifion for food, that there was little leifure to commit any thing to writing. Woodward. -In your moft bufy occupations, when you are never fo much taken up with other affairs, yet now and then fend up an ejaculation to the God of your falvation. Wake. 3. Trade; calling; vocation.

The red peftilence ftrikes all trades in Rome, And occupations perish. Shak. Coriolanus. --By their occupation they were tent-makers. A&s. (2.) OCCUPATION, in a legal fenfe, is taken for ufe or tenure: as in deeds it is faid that fuch lands are or were in the occupation of fuch a perfon.

(1.) * OCCUPIER. n. f. [from occupy.] 1. A pof feffor; one who takes into his poffeffion. If the title of occupiers be good in a land unpeopled, why fhould it he bad accounted in a country peopled thinly? Ral. 2. One who follows any employ. ment.-Thy merchandife, and the occupiers of thy merchandise, shall fall into the midst of the fcas. Rzek. xxvii. 27.

(2.) OCCUPIERS OF WALLING, a term ufed in

(1.) To OCCUPY. v. a. [occuper. Fr. occupo, Lat.] 1. To poffefs; to keep; to take up.-How fhall he that occupieth the room of the unlearned fay Amen at thy giving of thanks? 1 Cor. xiv. 16. Powder being fuddenly fired altogether, upon this high rarefaction requireth a greater space than before its body occupied. Brown's Vulg. Err. -He muft affert infinite generations before that firft deluge; and then the earth could not receive them, but the infinite bodies of men muft occupy ar infinite space. Bentley. 2. To bufy: to employ. An archbishop may have caufe to occupy more chaplains than fix. Ad of H. VIII. They occupied themselves about the fabbath. 2 Mac. viii 27How can he get wisdom that driveth oxen, and is occupied in their labours? Eccluf. xxxviii. 25- 3. To follow as business.-They occupy their business in deep waters. Comm. Payer - Mariners were in thee to occupy thy merchandise. Ezek. xxvii. 9. 4. To ufe; to expend -All the gold occupied for the work was twenty and nine talents. Exodus xxxvi 24.

*

(2.) To OccUPY. vn. To follow bufinefs.He called his ter fervants, and delivered them ten pounds, and faid unto them, Occupy till I come. Luke xix. 13

*To OCCUR. v. n. [occurro, Latin.] 1. To be presented to the memory or attention.-There doth not occur to me any ufe of this experiment for profit. Bacon's Nat. Hift.-The mind fhould be always ready to turn itself to the variety of ob jects that occur. Locke.-The far greater part of the examples that occur to us, are fo many encouragements to vice and difobedience. Rogers 2. To appear here and there.-In Scriptore tagh the word heir occur, yet there is no such things beir in our author's fenfe. Locke. 3. To clath; to frike againft; to meet -Bodies have a determinate motion, according to the degrees of their external impulfe, their inward principle of gravitation, and the refiftance of the bodies they occur with. Bentley. 4. To obviate; to intercept; to make oppofition to. A Latinifm.-Before I begin that, I muft occur to one specious objection against this propofition. Bentley.

* OCCURRENCE. n. f. [occurrence, Fr. from occur; this was perhaps originally occurrents.} 1. Incident; accidental event.-In education moft time is to be beflowed on that which is of the greatest confequence, in the ordinary courfe and occurrences of that life the young man is defigned for. Locke. 2. Occafional prefentation.-Voyages detain the mind by the perpetual occurrence and expectation of fomething new. Watts.

* OCCURRENT. n. f. [occurrent, Fr. occurrens, Lat.] Incident; any thing that happens. Such as study bow to work upon all occurrents, with moft advantage in private. Hooker-He did him felf certify all the news and occurrents in every particular. Bacon's Henry VII

* OCCURSION ́n. f. [occurfus, Latin.] Clafh; mutual blow. In the refolution of bodies by fire, fome of the diffipated parts may, by their various

occurfion

curfion occafioned by the heat, ftick clofely. Boyle-Now should thofe active particles, ever and anon juftled by the occurfion of other bodies, fo orderly keep their cells without alteration of file. Glanville's Scepfis.

OCDA, a to vn of Perfia, in Irac Agemi. (I.) * OCEAN. n. f. [ocean, Fr. oceanus, Latin.] 1. The main; the great fea.

The golden fun faiutes the morn, And, having gilt the ocean with his beams, Gallops the zodiack. Shak. Tit. Andron. Will all great Neptune's ocean with this blood Clean from my hand? shuk. Macb. 2. Any immenfe expanfe.-Time in general, is to duration, as place to expantion. They are fo much of those boundless oceans of eternity and immenfity, as is fet out and diftin withed from the reft, to denote the pofition of finite real beings, in those uniform, infinite oceans of duration and ipace. Locke.

(II.) * OCEAN. adj. [This is not usual, though Conformable to the original import of the word.] Pertaining to the main or great fea.-

Leviathan, which God of all his works
Created hugeft that fwim th' ocean stream. Milt.
Bounds were fet

To darkness, such as bound the ocean wave. Milt. (III.) The OCEAN § I. def. 1.) is that huge mafs of falt waters which encompaifes all parts of the globe, and by means of which, in the prefent im proved itate of navigation, an eafy intercourfe fubfits between places the molt diftant. The ocean is diftinguished into three grand divifions, of which the other feas or oceans are only parts or branches: 1. OCEAN, THE ATLANTIC, that which divides Europe and Africa from America, is generally about 3000 miles wide. See ATLANTIC.

2. OCEAN, THE INDIAN, feparates the Eaft Indies from Atrica, and is 3000 miles over.

3. OCEAN, THE PACIFIC, OF SOUTH SEA, that which divides America from Atia, is generally about 10,000 miles over. See PACIFIC.

(IV.) OCEAN, SALTNESS, TIDES, &C. OF THE. See SEA, TIDES, &c.

* OCÉANICK, adj. [from ocean.] Pertaining to the ocean. Dia.

OCEANIDES, or in the mythology, feaOCEANI TIDES, nymphs, daughters of Oceanus and the goddefs TETHYS. They were 3000 according to Apollodorus, who mentions the names of leven of them: Afia, Styx, Electra, Doris, Eurynome, Amphitrite, and Metis. Hehod fpeaks of the eldest of them, of whom he reckons 41: Pitho, Admete, Prynno, Ianthe, Rhodia, Hippo, Callirrhoe, Urania, Clymene, idyia, Palithoe, Clythia, Zeuxo, Galuxaure, Plexaure, Perfeis, Pluto, Thoe, Polydora, Melobolis, Dione, Cerceis, Xanthe, Acafta, Ianira, Teleftho, Europa, Meneftho, Petrea, Eudora, Calypfo, Tyche, Ocyroe, Crifia, Amphiro, with thofe mentioned by Apollodorus, except Amphitrite. Hyginus mentions 16 whofe names are almost all different from thofe of Apollodorus and Heliod; owing to the mutilation of the original text. The Oceanides, like the reft of the inferio: deities, were honoured with libations and facrifices. Prayers were offered to them, and they were intreated to pro

test failors from ftorms and dangerous tempefts. The Argonauts, before they proceeded to their expedition, made an offering of flour, honey, and oil, on the fea-fhore, to all the deities of the fea; facrificed bulls to them, and intreated their protection. When the facrifice was made on the fea fhore, the blood of the victim was received in a veffel; but when it was in open fea, they permitted the blood to run down into the waters. When the fea was calm, they generally offered a lamb or a young pig; but if it was agitated by the winds, an! rough, a black bull was deemed the most accept ible vi& m.

OCEANUS, in Pagan mythology, the son of Coelus and Terra, the husband of TETHYS, and the father of the OCEANIDES. The ancients called him the Father of all things, imagining that he was produced by Humidity, which, according to Thales, was the firft principle from which every thing was produced. Homer represents Juno vifiting him at the remoteft limits of the earth, and acknowledging him and Tethys as the parents of the gods. He was reprefented with a buil's head, as an emblem of the rage and bellowing of the ocean when agitated by a form According to Homer, he was the father of all the gods, and on that account he received frequent vifits from them. He is often, indeed almost always, represented as an old man with a long flowing beard, fitting upon the waves of the fea. He often holds a pike in his hand, while fhips under fail appear at a dif tance, or a fea monfter ftands near him. Oceanus prefided over every part of the fea, and even the rivers were fubjected to his power. The ancients were fuperftitious in their worthip of him, and revered with great folemnity a deity to whose care they entrusted themfelves when going on any voyage.

OCEIA, a woman who prefided over the rites of Vefta for 57 years with the greateft fanctity. She died in the reign of Tiberius, and the daughter of Domitius fucceeded her.

* OCELLATED. adj. [ocellatus, Lat.] Refembling the eye.-The white butterfly lays its offfpring on cabbage leaves; a very beautiful reddish ocellated one. Derham's Phyfico Theol.

OCELLUS LUCANUS, or the LUCANIAN, an ancient Pythagorean philofopher, who lived before Plato. His work Пigi Tu Пavies, or The Univerje, is the only piece of his which is come down entire to us; and was written originally in the Doric dialect, but was tranflated by another hand into the Attic. William Chriftian, and after him Lewis Nogarola, tranflated this work into Latin; and there are feveral editions of it, both in Greek and Latin. A fragment is alfo extant of his work on Laws, which is praifed by Plato.

OCELOT. See FELIS, N° XXIII.

OCELOXOCHTIL, or TIGER-FLOWER, in botany, a large Mexican plant, compoled of three pointed petals, red, but towards the middle of a mixed white and yellow, reprefenting in fome degree the spots of that wild animal from which it takes its name. The plant has leaves alfo refembling thofe of the iris, and a bulbous root. See Plate CCXLVI.

OCHAM. See NOMINAL, § 2; and OCKHAM.
Hh 2
OCHAN,

'OCHAN, a town of Ruffia, in Perm.

OCHIL HILLS, a ridge of lofty mountains of Scotland, which begin in the parish of Dumblane in Perthshire, and extend many miles eastward into Fife. They are mostly green to the top, and afford excellent pafture for theep and black cattle. Beacleugh, the higheft of them, is 2,420 feet above the fea level, and affords an extenfive profpect of rural scenery. Thefe hills abound with various metals, agates, rock crystals, and other minerals. In thofe 'parts of them, which lie in the parishes of Alva, Logie, Dollar, and Tillicoultry, veins of copper and lead have been wrought to a confiderable extent. The copper ore is very rich, and is generally found inclofed in a matrix of SULPHAT OF BARYTES. About 1715, Sir John Erfkine of Alva, affifted by fome miners from Leadhills, difcovered a very rich vein of filver, which yielded 12 ounces of filver from 14 oz. of ore; and for 14 weeks produced ore to the value of 4000l. per week; fo that Sir John drew about 50,000l. from it in that fhort period. The vein, however, at laft failed, and no farther fearch has been firce made. Excellent cobalt has also been found on thefe hills; as well as iron and arfenic: and extenfive coal mines have lately been begun to be wrought at the foot of them.

(1.) OCHILTREE, a parish of Scotland, in Ayrhire, in the district of Kyle; 6 miles long from N. to S. and s broad. The furface is pretty level, with a few gentle hillocks; the foil is a ftrong but fertile clay, producing good crops of oats and barley. There is one coal pit and some marl. The population in 1792, was 1150; decreafe 60 fince 1755. The parish is watered by the Coyl and the Luggar.

(2.) OCHILTREE, a village in the above parish, containing in 1791, 67 families, and 268 fouls. It is feated on the S. bank of the Luggar, 11 miles E. of Ayr, on the road to Dumfries. The church was built in 1789, and the fchool is flourishing.

* OCHIMY. n. f. [formed by a corruption from alchimy.] A mixed bafe metal.

OCHINUS, Bernardin, a celebrated Italian, born at Seine in 1487, and at firft a Cordelier. He then changed to the ftudy of phyfic, and acquired the esteem of cardinal Julius de Medicis, afterwards Pope Clement VII. But once more changing his mind, he refumed his monk's habit, and aiming at fill higher perfection, he, in 1534, joined the reformed fect of the Capuchins. He practifed, with a moft rigorous exactnefs, all the rules of the order; which he contributed fo much to improve, that fome have called him the founder of it. He was made vicar-general, and became highly eminent for his pulpit eloquence. Pope Paul III. on account of his extraordinary merit, made him his father confeffor and preacher. He was thus the darling both of pope and people; when, falling in with one John Valde a Spaniard, who had imbibed Luther's doctrine, he became a profelyte. He was then at Naples, and began to preach in favour of Proteftantifm; on which he was fummoned to appear at Rome; and in his way thither met at Florence with Peter Martyr, who perfuaded him not to put himself into the Pope's power: and they both agreed to withdraw to fome place of fafety. Ochinus went first to Fer

rara, where he disguised himself as a foldier; and proceeding thence to Geneva, arrived there in 1542, and married a woman of Lucca. He then went to Augsburg, where he published fome fermons. In 1547, he was invited, together with Peter Martyr, into England, by Abp. Cranmer, to affift in carrying on the reformation. They arrived in December at Lambeth, were kindly receiv ed by Cranmer, and were made prebendaries of Canterbury. Ochinus laboured heartily in the reformation; and his dialogue upon the ufurped primacy of the bishop of Rome was tranflated into Latin by Ponet bishop of Winchester, and publifhed in 1549. But upon the death of Edward VI. being forced to leave England, they both retired to Strasburg in 1553. From this city Ochinus went to Bafil, and was invited thence in 1555 to Zurich, to be minifter of an Italian church, which confifted of fome refugees from Locarno. Ochinus fubfcribed the articles of faith agreed upon by the church of Zurich, and met in that city with Bullinger, who proved a very good friend to him. He governed this Italian church till 1563, when he was banished thence by the magif trates for publishing fome dialogues, wherein he defended the doctrine of polygamy. From Zurich he went to Bafil; but not being fuffered to ftay there, he fled in great diftrefs into Moravia, where he fell in with the Socinians, and joined them. Stanillaus Lubienitski, the great patron of this fect, gives the following account of his last days in his Hift. Reformat. Polon. Ochinus, fays he, retired into Moravia, and Poland, and even there he was not out of the reach of Calvin's letters.' He returned into Moravia after king Sigif. mund's edict; who, in 1564, banished all Tritheifts, Atheists, &c. During his travels, he fell fick of the plague at Pinckfow, and received there all poffible kindness from one of the brethren, named Philippovius. His daughter and two fons, who were with him, died of the plague; but he had buried his wife before he left Zurich. He conti nued his journey to Moravia, and within 3 weeks died at Slakow, in 1564, aged 77. His writings are numerous.

OCHLOCRACY. n. f. that form of government wherein the populace have the chief administration of affairs.

OCHNA, in botany, a genus of the monogynia order, belonging to the polyandria class of plants; and in the natural method ranking with those of which the order is doubtful. The corolla is pentapetalous; the calyx pentaphillous; the berries monofpermous, and affixed to a large roundish receptacle.

OCHOCKOI, a gulf of Kamfchatka.

OCHO RIOS, a bay on the N. coaft of Jamaica. Lon. 76. 56. W. Lat. 18. 26. N. OCHOTA, a river of Ruffia, which runs into the fea at Ochotsk.

(1.) OCHOTSK, a province of Ruffia, in the government of Irkutsk.

(2.) OCHOTSK, a fea port in the above province, at the mouth of the Ochota, which has a trade with Yakutsk and Kamfchatka: 1320 miles NE. of Irkutsk. Lon. 160. 30. E. Ferro. Lat. 59. 28. N.

(1.) *OCHRE. n. f. [ochre, ocre, French; xe.] The