mean perfons employed by the fheriffs on account only of their adroitness and dexterity in hunting and feifing their prey. The fheriff being anfwerable for the mifdemefnors of these bailiffs, they are therefore usually bound in an obligation for the due execution of their office, and thence are called bound-bailiffs; which the common people have corrupted into a much more homely appellation.

GAOLERS are alfo the fervants of the fheriff, and he must be refponfible for their conduct. Their bufinefs is to keep fafely all fuch perfons as are committed to them by lawful warrant: and if they suffer any fuch to eícape, the fheriff fhall answer it to the king, if it be a criminal matter; or in a civil case, to the party injured. And to this end the fheriff must have lands fufficient within the county to answer the king and his people. The abuses of gaolers and fheriff's officers toward the unfortunate persons in their cuftody are well restrained and guarded against by ftatute 32 Geo. II. c. 28.

THE vaft expenfe, which cuftom had introduced in ferving the office of high-fheriff, was grown fuch a burthen to the subject, that it was enacted, by ftatute 13 & 14 Car. II. c. 21. that no fheriff fhould keep any table at the aflifes, except for his own family, or give any prefents to the judges or their fervants, or have more than forty men in livery: yet, for the fake of fafety and decency, he may not have less than twenty men in England and twelve in Wales; upon forfeiture, in any of thefe cafes, of 2001.

II. THE coroner's is alfo a very antient office at the common law. He is called coroner, coronator, becaufe he hath principally to do with pleas of the crown, or fuch wherein the king is more immediately concerned. And in this light the lord chief justice

c Palt. c. 118. + Rep. 34.

d Stat. Edw 11. ft. 2. 2 Edw. III. c. 4.

dw. III. c. 9. 5 Edw. II. c. 4. 138

14 Car. I. c. 21. §. 7.

e 2 Init. 31. 4 Inft. 271.

of

of the king's bench is the principal coroner in the kingdom, and may (if he pleases) exercise the jurisdiction of a coroner in any part of the realm'. But there are are also particular coroners for every county of England; ufually four, but fometimes fix, and fometimes fewers. This officer is of equal antiquity with the fheriff, and was ordained together with him to keep the peace, when the earls gave up the wardship of the county.

He is ftill chosen by all the freeholders in the county court, as by the policy of our antient laws the fheriffs, and confervators of the peace, and all other officers were, who were concerned in matters that affected the liberty of the people'; and as verderors of the forests still are, whose business it is to ftand between the prerogative and the subject in the execution of the foreft laws. For this purpose there is a writ at common law de coronatore eligendo in which it is exprefsly commanded the sheriff," quod "talem eligi faciat, qui melius et fciat, et velit, et poffit, officio illi "intendere." And, in order to effect this the more furely, it was enacted by the statute,' of Weftm. 1. that none but lawful and difcreet knights should be chofen: and there was an inftance in the 5 Edw. III. of a man being removed from this office, because he was only a merchant". But it feems it is now fufficient if a man hath lands enough to be made a knight, whether he be really knighted or not ": for the coroner ought to have eftate fufficient to maintain the dignity of his office, and answer any fines that may be fet upon him for his mifbehaviour; and if he hath not enough to answer, his fine fhall be levied on the county, as a punishment for electing an infufficient officer". Now indeed, through the culpable neglect of gentlemen of property, this office has been fuffered to fall into difrepute, and get into low and indigent hands: fo that, although formerly no coroners would con

£ 4 Rep. $7.

g F. N. B. 163.

h Mirror. c. 1. §. 3.

i 2 Inft. 55s.

k F. N. B. 163.

U u 2

defcend

P Mirr. c. 1. §. 3. 2 Inst. 175.

defcend to be paid for ferving their country, and they were by the aforefaid ftatute of Weftm. 1. exprefsly forbidden to take a reward, under pain of great forfeiture to the king; yet for many years paft they have only defired to be chofen for the fake of their perquifites: being allowed fees for their attendance by the ftatute 3 Hen. VII. c. 1. which fir Edward Coke complains of heavily; though fince his time those fees have been much enlarged'.

THE Coroner is chofen for life: but may be removed, either by being made fheriff, or chofen verderor, which are offices incompatible with the other; or by the king's writ de coronatore exonerando, for a caufe to be therein affigned, as that he is en gaged in other business, is incapacitated by years or sickness, hath not a fufficient estate in the county) or lives in an inconvenient part of it. And by the flatute 25 Geo. II. c. 29. extortion, neglect, or misbehaviour, are alfo made caufes of removal.

THE Ofice and power of a coroner are alfo, like thofe of a fheriff, cither judicial or minifterial; but principally judicial. This is in great meafure afcertained by ftatute 4 Edw. I. de officio coronatoris; and confifts, firft, in enquiring, when any perfon is flain, or dies fuddenly, or in prifon, concerning the manner of his death. And this must be " fuper vifum corporis';" for, if the body be not found, the coroner cannot fit". He must also fit at the very place where the death happened; and his enquiry is made by a jury from four, five, or fix of the neighbouring towns, over whom he is to prefide. If any be found guilty by this inqueft of murder, he is to commit to prifon for farther trial, and is also to enquire concerning their lands, goods and chattels, which are forfeited thercby: but whether it be murder or not, he must enquire whether any deodand has accrued to

the king, or the lord of the franchife, by this death: and must certify the whole of this inquifition to the court of king's bench, or the next affifes. Another branch of his office is to enquire concerning fhipwrecks; and certify whether wreck or not, and who is in poffeffion of the goods. Concerning treasure trove, he is also to enquire who were the finders, and where it is, and whether any one be fufpected of having found and concealed a treasure;" and that may be well perceived (faith the old ftatute "of Edw. I.) where one liveth riotoufly, haunting taverns, and "hath done fo of long time:" whereupon he might be attached, and held to bail, upon this fufpicion only.

THE minifterial office of the coroner is only as the sheriff's fubftitute. For when just exception can be taken to the fheriff, for fufpicion of partiality, (as that he is interefted in the suit, or of kindred to either plaintiff or defendant) the process must then be awarded to the coroner, inftead of the sheriff, for execution of the king's writs.

III. THE next fpecies of fubordinate magiflrates, whom I am to confider, are juftices of the peace; the principal of whom is the cuftos rotulorum, or keeper of the records of the county. The common law hath ever had a special care and regard for the confervation of the peace; for peace is the very end and foundation of civil fociety. And therefore, before the prefent conftitution of justices was invented, there were peculiar officers appointed by the common law for the maintenance of the public peace. Of thefe fome had, and ftill have, this power annexed to other offices which they hold; others had it merely by itself, and were thence named cuftodes or confervatores pacis. Those that were fo virtute officii ftill continue; but the latter fort are fuperfeded by the modern juftices.

THE king's majefty" is, by his office and dignity royal, the principal confervator of the peace within all his dominions; and

may

▼ 4 Inft. 271.

w Lambard. Eirenarch, 12.

may give authority to any other to fee the peace kept, and to punith fuch as break it: hence it is ufually called the king's peace. The lord chancellor or keeper, the lord treasurer, the lord high fteward of England, the lord marefchal, and lord high conftable of England (when any fuch officers are in being) and all the juftices of the court of king's bench, (by virtue of their offices) and the mafter of the rolls (by prefcription are general confervators of the peace throughout the whole kingdom, and may commit all breakers of it, or bind them in recognizances to keep it, the other judges are only fo in their own courts. The coroner is also a confervator of the peace within his own county'; as is also the sheriff"; and both of them may take a recognizance or fecurity for the peace. Conftables, tythingmen, and the like, are also confervators of the peace, within their own jurifdictions; and may apprehend all breakers of the peace, and commit them till they find fureties for their keeping it".

THOSE that were, without any office, fimply and merely confervators of the peace, either claimed that power by prescription; or were bound to exercise it by the tenure of their lands; or, laftly, were chofen by the freeholders in full county court. before the sheriff; the writ for their election directing them to be chofen" de probioribus et potentioribus comitatus fui in cuftodes "pacis." But when queen Ifabel, the wife of Edward II, had contrived to depofe her husband by a forced refignation of the crown, and had fet up his fon Edward III in his place; this, being a thing then without example in England, it was feared would much alarm the people: especially as the old king was living, though hurried about from caftle to caftle; till at last he met with an untimely death. To prevent therefore any rifings, or other disturbance of the peace, the new king fent writs to all the fheriffs in England, the form of which is preferved by Thomas Walfingham, giving a plausible account of the manner of

x Lamb. 12. Britton. 3.

z F. N. B. 81.

a Lamb. 14.

b Ibid. 15.

c Ibid. 17.

d Ibid. 16.

e Hift. A. D. 1327.

his