1 matter is only brought in by way of argument concerning à point of a quite different nature. (9) In Northumberland the coroner, by custom, may enquire of other felonies, 35. H. 6.027. But without cuftom no coroner is authorized to take any inquifition other than on death, z Hale 65. Bracton bock 3. chapter 6. S. P. C. 51. 2 Hale 66. (a) See the flatute at large. 747. Fleta 1. c. 25. 22 Aff. 97, 98. Finch 321. (c) Con. 17 Aff 66 Sect. 36. However there feems to be no doubt but that the coroner may and ought to inquire of treasure-trove, concerning which it is enacted by the faid ftatute of 4 Edw. T. De officia coronatoris, "That a coroner, being certified by the king's bailiffs, or other honeft men of the county, fhall go And it to the places where treasure is faid to be found.' is farther enacted in the following part of the fame ftatute in thefe words," A coroner ought alfo to inquire of treasure that "is found, who were the finders, and likewife who is fuf"pected thereof. And that may be well perceived where "one liveth riotoufly, haunting taverns, and hath done fo "of long time; hereupon he may be attached for this fuf"picion by four or fix, or more pledges, if he may be "found." Sect. 37. It is alfo faid, That a coroner may inquire of royal fishes, as furgeons, whales. Sect. 38. As to the third general point, viz. How far 2 coroner is impowered to receive and proceed on a bill of appeal, I fhall endeavour to fhew-How far he is authorized to receive fuch appeal.-How far to proceed upon it; and In what manner it may be removed by certiorari. Selt. 39. As to the firft of thefe particulars, it appears clearly from the above-mentioned (a) ftatute of 4 Edw. 1. De (b) Brac. 122. officio coronatoris, and alfo from our ancient (b) law-books, That a coroner in the county court may receive an appeal of any felony or mayhem, upon the plaintiff's finding fufficient pledges to the fheriff for the profecution of the fuit. And it is obfervable, That the faid books generally mention the coroner as the perfon before whom fuch (c) appeal is to be commenced, without joining any other with him; from whence it seems B. Appeal 56. clearly to be intimated, That the coroner is the (d) only perS. P. C. 52. 64. fon who hath a jurifdiction in this matter; and that at com(d) 4 Inft. 176. mon law he might (e) receive fuch appeal without the concurrence of any other, as he certainly may the appeal of an approver, &c. But it being provided by the ftatute of Westminfter 1. c. 10. That the fheriff fhall have counter rolls (f) 39 H.6.4% with the coroners, it feems, That no appeal fince that ftatute Con. B. App.44. is well commenced before the coroner, (f) unless the sheriff Summary. 171. 4 H. 6. 16. 2 Hale 67. 4 H.6 16. be be alfo prefent, in order to take a counter-roll of the proceeding. But it feems, That the fheriff, by virtue of this ftatute, is no more a judge of the matter than he was before; and therefore, where it is faid by the ftatute of 3 Hen. 7. c. I. That an appeal of felony may be commenced before the fheriff and coroners of the county where it was done, it feems reasonable to intend the meaning of the ftatute to be, that it may be commenced before them in the fame manner as (a) Qu. Staunbefore, and not without express (a) words to make any altera- ford's Plens of the Crown, 64. tion of the jurifdiction given them by the common law. Set. 40. But it is (b) certain, That a coroner hath no (6) Summary power to receive a bill of appeal of any offence done out of the 171 172 2 Hale 67. county whereof he is coroner, because the offender cannot be s P. C. 52. 53. tried by the county. But it is agreed, That he may receive F. Corone 437 the appeal of an approver, or take the abjuration of one who acknowledges a felony done by him in any county, because that after. fuch confeffions there is no need of any trial. Sec. 41. As to the fecond particular, viz. How far a coro c. 106. Bracton 147. 2 Hale 67. ner may proceed upon fuch appeal, it feems (c) probable, That (c) See Dalt. Sh. before the ftatute of Magna Charta, c. 17. coroners might 2 Hale 56. try offenders as well as receive accufations against them; but it is (d) agreed, That they cannot proceed fo far fince that (d) 22 Aff. 97. fatute, by which it is enacted, "That no fheriff, conftable, 98. “coroner, or other bailiff of the king fhall hold pleas of the Fleta. c. 25. "crown."-Alfo it is agreed, (e) That procefs may be 2 Inft. 30, 31 awarded in the county-court on fuch appeals till the exigent; 32. but (f) it feems questionable, whether fuch process may pro- B. App. 56, 62. perly be faid to be awarded by the sheriff and coroner jointly, B. Corone 82. fince the coroner being the only judge, as I have endeavoured () S. PC. 64. to prove, fect. 39. it feems to be most proper that the procefs (f) Con. S. P. C. be awarded by him only. Neither doth it feem clear, That 64. the above-mentioned ftatute of Magna Charta doth restrain the 27 Allize 47. coroner from awarding an exigent, and thereon outlawing an appellee. For fince, as it is agreed by all, an offender might become attainted by an abjuration of a felony made before (g) 22 Aff. 97. a coroner; why not as well by an outlawry pronounced by Con. B. App.82. him? And accordingly we find it taken for granted in fome Qu. B. App. 109. of the old (g) books of the beft authority fince this ftatute, that S. P. C. 64. appellees may be outlawed for not appearing on procefs before Hale 67. the coroner. Summary 171. Summary 171. F. Cor. 184. Summary 171. Se. 42. As to the third particular, viz. In what man- (b) S. P. C. 64. ner an appeal before the coroner may be removed by certiorari, Summary 171, there (b) is no doubt but that it may be removed either into 2 Intt. 176. the king's bench or chancery, by certiorari directed to the co- () 14 H. 4. roners and theriff. But it hath been (i) refolved, That it can- B. Appeal 44. not be removed by fuch writ directed to the fheriff only, be- 2 Int. 176. cause the coroner is the judge, and the sheriff bath only a S. P. C. 64. G 2 counter 15 b. 16. 2 Hale 67. 70. (a) Summary 172. S P. C. 53. counter-roll by virtue of the above-mentioned flatute of Weftminster, chapter the tenth. Sect. 43. As to the fourth general point, viz. How far a coroner is authorized to receive and proceed on the appeal of an approver, there is no doubt but that the coroner alone may receive fuch appeal, (a) whether the offence were committed in the fame or in any other county, and may also award procefs to the fheriff against the appellee, being in the fame county, till it come to the exigent; and it (b) feems, That it may be probably argued, (b) S. P. C. 73. Summary 172. that he may award procefs even to an outlawry, as hath been more fully fhewn in the forty-fift fection of this chapter. But it is certain, That he cannot award any procefs against an ap (c) S. P. C. 53. pellee in a foreign county, but must leave it to the (4) juftices of gaol delivery, or others, before whom the appeal is afterwards recorded, who fhall award procefs againit fuch appellees in fuch manner as fhall be more fully fet forth in the chapter concerning approvers, fect. 22. 73. Summary 172. F. Cor. 462. 29 Ed. 3. 42. & 49. : Sect. 44. As to the fifth general point, viz. How far a coroner is authorized to take the confeffion and abjuration of a felon, there seems to be no doubt but that he may record the confeffion of the breach of prifon by any felon, &c. and alfo (d) Vid. S. 36. the (d) con'effion of any felony by an approver; but the law relating to these matters being in a great measure obfolete, it seems needlefs over-nicely to inquire into it. Alfo it is certain that he might take an abjuration: but this not having been in ufe fince 21 Jac. 1. c. 28. f. 6, 7. by which it is enacted, "That no fanctuary, or privilege of fanctuary, shall be admitted or allowed in any cafe," I fhall only touch upon it, and take notice, That at the common law, if a perfon ac(e) F Cor. 420. cufed of any felony except (e) facrilege, (f) whether in the 3 Inft. 115. fame or any other county, for which he was liable to judgment (f) 5. lett. 40. of (g) death, and not charged with (b) high treason, nor as (i) (g) B. Cor. 183. fome fay with petit treason, had fled to any (k) church or church-yard, and within (/) forty days confeffed himself guilty (b) B. Cor 181. before the coroner, and declared all the particular (m) circumftances of the offence, and thereupon taken the oath in that (i) S.C.116. Cafe provided (the (n) fubftance whereof was, that he abjured the realm, and would depart as foon as poffible, at the port which should be affigned him, and never return without leave from the king, &c.), he faved his life, if he observed the terms of the oath, by going with all (0) convenient speed the nearest way to the port affigned, &c. but he was (p) attainted of the (1)S. P. C. 118. felony by fuch abjuration without more, and confequently forfeited his lands and goods, &c. S. P. C. 117. S. P. C. 123. Finch 388. S. P. C. 116. Finch 389. 117 B. Cor. 181. (k) S. P. C. 3 Inft. 115. Finch 388. 3 Inft. 117. (m)S. P. C. 117. F. Cor. 54 S. P. C. 121. 3 H. 7. 12. (n) S. P. C. 119, 120. Finch 389. (0) 7 H. 7. 7. B. Cor. 145. (2) F.Cor. 425. S. P. C. 122. Finch 389. 3 Inst, 217. Vid, c. I. 10. Sect. 45. As to the fixth general point, viz. How far the act of any one coroner is as effectual as if it were done by all, it feems clear, That (a) wherever coroners are authorized to act as judges, as in the taking of an (6) inquifition of death, or re- (a) S. P. C. 53. ceiving an appeal of felony, &c. the act of any one of them, 14 H. 4. 34. who firft proceeds in the matter, is of the fame force as if all (6)Hale 46 58. had joined in it: But it is faid, That after fuch proceeding (c) Hal 59.67. by one of them, the act of any other will be void (c). Alfo it F. Corone 107. feems certain, That where coroners are impowered only to act (10) ministerially, as in the execution of procefs directed to them S. P. C. upon the default or incapacity of the fheriff, all their acts will 14 H 4-3+, 35. be void wherein they do not all join. -39 H. 6. 40. D. 41, 42. S P. C 52. 53 (10) One coroner may execute the writ, as in cafe of an exigent; but if there be more coroners than one for the county, the return must be in the name of all, 2 Hale 56. Sect. 46. As to the feventh general point, viz. In what Book 1. c. 68. cafes a coroner may lawfully take a fee for the execution of his office, it is enacted by the statute of Weftm. 1. c. 10. which was made in affirmance of the common law, 2 Inft. 176. "That no coroner demand or take any thing of any man to " do his office, upon pain of great forfeiture to the king." Sect. 47. But is enacted by 3 Hen. 7. c. I. That a coro- Vid. 2 Inft. 210. "ner have for his fee upon every inquifition taken upon the view of a body flain 13 s. 4 d. of the goods and chattels of "the flayer and murderer, if he have any goods; and if he have "no goods, of fuch amerciaments as fhall fortune any township to be amerced for the efcape of the murderer, &c. Sect. 48. But the coroners endeavouring to extend this flatute to perfons flain by mifadventure, it is enacted by Hen. 8, c. 7. "That upon a request made to a coroner to come and in"quire upon the view of any perfon flain, drowned, or other"wife dead by mifadventure, the faid coroner fhall diligently "do his office, without taking any thing therefor, upon pain "to every coroner that will not endeavour himself to do his "office (as afore is faid), or that taketh any thing for doing of "his office, upon every perfon dead by mifadventure, for "every time forty fhillings." + Sect, 49. To the intent, however, that coroners may be encouraged to execute their office with diligence and integrity, it is enacted by 25 Geo. 2. c. 29. "That for every inquifition, "not taken upon the view of a body, dying in a gaol or pri"fon, which fhall be duly taken in England by any coroner or coroners in any township or place, contributing to the rates directed to be levied by 12 Geo. 2. c. . the fum of "twenty fhillings; and for every mile which he or they fhall "be compelled to travel, from the ufual place of his or their "abode, ་ -66 G 3 "abode, to take fuch inquifition, the further fum of ninepence ❝ over and above the said sum of twenty fhillings, shall be paid "to him or them out of the monies arising from the rates be"fore mentioned, by order of the juftices of the peace in their "general or quarter feffions affembled for the county, riding, "divifion, or liberty where fuch inquifition fhall have been "taken, or the major part of them; and which order they are "hereby directed to make without fee or reward." + Sect. 50. And it is further enacted by the faid ftatute, par. 2. "That for every inquifition which fhall be duly taken upon the view of a body dying in any gaol or prifon in "England, by any coroner or coroners of a county, so much "money not exceeding the fum of twenty fhillings fhall be "paid to him or them, as the justices of the peace in their ge"neral or quarter feffions affembled for the county, riding, or "divifion, where in fuch gaol or prifon is fituate, or the major 66 part of them, fhall think fit to allow as a recompençe for his "or their labour, pains and charges in taking fuch inquifition, "to be paid in like manner, by order of the faid justices, or "the major part of them, out of the monies as aforefaid." 66 ог Sect. 51. And it is provided by the faid ftatute, p. 3, 4, 5. "That over and above the recompence hereby limited and appointed, the coroner or coroners fhall also have the fee of με 13 s. 4 d. payable by virtue of 3 Hen. 7. c. 1."-" That no 46 coroner to whom any benefit is given by this act shall by colour of his office, or upon any pretext whatsoever, take for his office, doing as aforefaid, other than the faid fee of 13 £ 4 d. and the recompence hereby limited and appointed, upon pain of being deemed guilty of extortion."-"That no "coroner of the king's houfchold, and of the verge of the king's palaces, nor any coroner of the admiralty, county palatine of "Durham, city of London, and borough of Southwark, or of any franchises belonging to the faid city; nor any coroner of any city, borough, town, liberty, or franchife, which is not contributing to the rates directed by 12 Geo. 2. c. " or within which fuch rates have not been usually affeffed, fhall be intitled to any fee, recompence, or benefit given to, ❝or provided for, coroners by this act." As to the eighth general point, viz. In what cases a matter recorded by, or found before a coroner, admits of no tra verse : I fhall confider the fame in relation, To abjurations or confeffions made before him. To efcapes. To flights; and To felf-murders. Sect. |