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E. & I.

€. 18, s. 1. Ir.

3 Hen. 7. c. 1. c. 1. E. & I. also enacts, that where any person is slain or

murdered, and the murderer escaped, the township where the deed was done shall be amerced, and the coroners shall inquire thereof upon view of the body; and after the felony found the coroners shall deliver their inquisitions before the justices of the next gaol delivery for the shire where the inquisition was taken; and that for any

default in these respects the coroner shall forfeit to the 1&2Ph.&Mar. the king 100s. The 1 & 2 Ph. & Mar. c. 13. s. 5. Eng. e. 13, s. 5. Eng. 10 Car. 1. st. 2. requires every coroner upon any inquisition before him

found, whereby any person shall be indicted for murder or manslaughter, or as accessary to the same before such murder, &c. committed, to put in writing the effect of the evidence given to the jury before him, being material; and as well justices of the peace as the said coroner are authorized by this act to bind all such by recognizance or obligation, as do declare any thing material to prove the said murder, &c. or the being accessary thereto, to appear at the next general gaol delivery, to be holden within the county, &c. where the trial thereof shall be, then and there to give evidence against the party so indicted; and coroners are also required to certify as well the evidence, as such bonds in writing, together with the inquisition or indictment before them taken and found, at or before the time of such trial; and the said justices shall also certify the bonds before them taken ; and any justice or coroner who shall offend against this act, shall be fined at the discretion of such justices of gaol delivery, upon due proof thereof by examination before them.

The 10 Car. 1. st. 2. c. 18. s. 1. Ir. contains a corres32 Ilen. 6.c. 2. ponding provision. The 32 Hen. 6. c. 2. Ir. recites that

coroners, in cases of inquisition upon sight of the bodies of dead men, where the jurors upon their oaths found that they know not the felon, would not take such verdicts, but often vexed them from day to day and from place to place, to the intent to charge the people with the escapes; and therefore enacts that where the jury shall upon their oaths say that they know not the felon, the coroners shall give them another reasonable day, and if at said day they find the same verdict, then the coroners shall discharge



3 Edw. 1.c.10. E. & I.

E. &L

the said people; and there shall be no habeas corpus for the same jurors, nor any special venire for the same matter.

With respect to the fees of coroners. It was a provi- Fees of coroners sion of the 3 Edw. 1.c. 10. E. & I. that no coroner should demand or take any thing of any man in respect to his office, upon pain of great forfeiture to the king. But the 3 Hen. 7. c. 1. E. &. I. enacted that the coroner 3 Hen. 7. c. l. should have for his fee, upon every inquisition taken upon the view of the body slain, 135. 4d. of the goods and chattels of the slayer or murderer, or if he should have no goods, then out of the amerciaments which should be imposed upon any township for the escape of any such murderer. And the 1 Hen. 8. c. 7. Eng. enacted that 1 Hen. S. c. 7.

Eng. upon a request made to a coroner to inquire upon the view of any person slain, drowned, or dead by misadventure, the coroner should upon pain of forfeiting 40s. diligently do his office without taking any fee for the same, and that the justices of assize and justices of the peace should inquire of any default therein, as well by examination as by presentment. But the 25 Geo. 2. c. 29. Eng. 25 Geo, 2.c.28.

Eng. recites that the fees provided for coroners by the 3 Hen. 7. e. 1. were not an adequate reward, and therefore enacts that for every inquisition not taken upon the view of a body dying in gaol or prison, which shall be duly taken in England by any coroner in any township or place contributory to the rates directed by the 12 Geo. 2. c. 29., 20s. shall be paid to the coroner out of such rates, by order of the justices at their quarter sessions for such county, &c. and the further sum of 9d. for every mile be shall be compelled to travel from his usual place of abode; and for every inquisition upon the view of a body dying in any gaol, &c. such sum, not exceeding 20s, as the justices at their general quarter sessions shall think fit, shall be in like manner paid; which fees shall be exclusive of the 13s. 4d. to which the coroner is intitled by virtue of the 3 Hen. 7. c. 1.; but any coroner taking more than said fees shall be deemed guilty of extortion.* And this act provides that if any coroner, who is not appointed by virtue of an annual election or nomination, or whose office is not annexed to any other office, sball

be * By s. 5. this act does not extend to London, Durbam,


be convicted of extortion, or wilful neglect of his duty, or misdemeanor in his office, the court before whom he shall be so convicted, may adjudge that he shall be amored from his office, and thereupoo, if he shall have been elected by the freeholders of any county, a writ shall issue for the amoving him from his office and electing another coroner in his stead, but if such coroner shall have been appointed by the lord of any liberty or franchise, or in any other manner than by election of the freeholders, then such lord or other person entitled to the appointment of such coroner shall, upon notice of

such judgment of removal, appoint another in his stead. 30 Geo. 3. c.9. The 30 Geo. 3. c. 9. Ir. does not seem to be a general

aet which authorizes the grand juries of such parts of Ireland, in which they were then empowered to present for coroners in lieu of fees, to present for said coroners any sum not exceeding 40 guineas at each assizes, in lieu of fees, and instead of the sums which they were then

empowered to present. $3. III. Justices of the peace are the next species of subJustices of the ordinate magistrates. With respect to their appointment pencetheir appointment. the 1 Edw. 3. st. 2. c. 16. E. & I. enacts, that for the better 1 Edw, 3. st. 2. keeping and maintenance of the peace in every county,

good men and lawful, which are no maintainers of evil,

or barrators in the county, shall be assigned to keep the 4 Blw. 3. c. 2. peace.

The 4 Edw. 3. c. 2. E. & I. contains a similar 18 Edw. 3. st. 2. provision. And the 18 Edw. 3. st. 2. c. 2. E. & I. enacts 6. 2. E. &. l. that two or three of the best reputation in the several

counties sball be assigned keepers of the peace. And 34 Edw. 3.c. 1. by the 34 Edw. 3.c. 1. E. & I. in every county of England,

there shall be assigned for the keeping of the peace one lord and with him three or four of the most worthy in the county, with some learned in the law; who shall have power to restrain offenders, rioters, and other barrators, and to arrest and punish them according to their trespass or offence, and to cause them to be imprisoned, and duly punished according to the law and customs of the realm; and also to inquire of those that have been pillors and robbers in parts beyond the sea, and go wandering about and will not labour; and to take and arrest all that


c. 16. E. & I.

E. & I.

E. &. I.

they find by indictment or by suspicion and put them in prison, and to take of such as be not of good fame, sufficient surety and mainprize for their good behaviour toward the king and his people; and the others duly to punish to the intent that the people, merchants, or others, may not be troubled or endamaged by such rioters and. rebels: and also to hear and determine at the king's suit all manner of felonies and trespasses done in the same county, according to the laws and customs of the realm. The 18 Edw. 3. (supra) had also previously provided, that when need should be, the keepers of the peace should, with other wise and learned in the law, be assigned by the king's commission, to hear and determine felonies and trespasses done against the peace in said counties, and to inflict reasonable punishments. By the 2 Hen. 2. 2 Hen. 5. st. 2.

c. I. E. & I., c. 1. E. & I. the justices of the peace shall be made by the king's commission, by the advice of the chancellor and the king's council, of the most sufficient persons dwelling in the same counties, without taking other persons dwelling in foreign counties, to execute such office, (except the lords and justices of assizes, and the king's chief stewards of the duchy of Lancaster). The number of justices of the peace in each county, which Their number

and qualification was limited by the 18 Edw.3. st. 2. c. 2. and 34 Edw.3.c. 1.

12 Ric. 2. c. 10. in the manner above-mentioned, was increased to six by E. & I. the 12 Ric. 2. c. 10. E. & I. and afterwards to eight by the 14 Ric. 2: c. 11. E. & I. And with respect to their 14 Ric.2.c. 11. qualification, the 13 Ric. 2. st. 1. c. 7. E. & I. required 13 Ric: 2 st. 1. that they should be made of the most sufficient knights; c. 7. E. & I. esquires, and gentlemen of the law, of the respective counties. The 2 Hen. 5. st. 2. c. 1. E. & I. also re- 2 Hen 2. quired residence as a qualification, having enacted, that c. 1. E. & d. justices of the peace shall be made of the most sufficient persons, dwelling in the same counties, by the advice of the chancellor and of the king's council. And it was provided by the 18 Hen. 6. c. 11. E. & I. that no jus- 18 H .n.6.c.11.

E & l. tice of the peace should be assigned, if he had not land to the value of £20 by the year; and that if any such be assigned who should not have land, &c. to that value, he should inform the chancellor of England, who should VOL. I.


3. 2.

18Geo. 2. c. 20.

accordingly put another in his place; and if he should
not give such information within a month after having
notice of such commission, or if he should sit or make
any warrant by force of such commission, he should in-
cur the penalty of £20 and be put out of the commis-
sion; one half of such penalty to the king, and the
· other to him that would sue for the same, to be recovered
by writ of debt. But by.s. 2. this ordinance was not to
extend to cities, towns, or boroughs, which were coun-
ties incorporate of themselves, and which had justices
of the peace dwelling within the same. And this act
provided, that if there were not sufficient men learned in
the law having lands &c. to the value aforesaid, and within
any county, the chancellor should have power to put
other discreet persons learned in the law in such com-

missions, though they had not lands &c. to such value. 5 Geo. 2. c. 18. But the 5 Geo. 2. c. 18. Eng. (as amended by the Eng. 18 Geo. 2. c. 20. Eng.) enacts that no person shall be Eng. capable of being a justice of the peace for any county,

who shall not have either in law or equity to his own use in possession, a freehold, copyhold or customary estate, for life, or for some greater estate, or an estate for years determinable upon one or more lives, or for a terın originally created for 21 years or more, in lands lying in England or Wales, of the yearly value of £100, over all incumbrances, and above all rents and charges payable out of the same; or who shall not be seised of or entitled unto, in law or equity to his own use, the immediate reversion or reinainder in lands, &c. lying as aforesaid, which are leased for 1, 2, or 3 lives, or for years determinable upon 1, 2, or 3 lives, upon reserved rents, and which are of the clear yearly value of £300; and who shall not before he takes upon himself to act as a justice of the peace, at some general or quarter sessions for the county, &c. for which he intends to act,

first take and subscribe the following oath, viz. Oath of quali

“I, A. B. do swear that I truly and bona fide have ficution.

“ such an estate in law or equity, to and for my own

use and benefit, consisting of- (specifying the nature of such estate, whether messuage, lund, rent,

..!! tithe,

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