But he may of accessaries before. Flight. and consorted one who had been guilty of a murder, is void. ? But he may inquire of the accessaries before the fact, as well as of the principals: for by the said statute, 4 Ed. 1,stat. 2, it is provided, that if any be appealed of any act done, as principal, they that be appealed of the force shall be attached also, and surely kept in ward, until the principals be attainted or deli vered. He also may inquire whether the persons so found guilty, fed for the same: for which they forfeit all their goods and chattels. 2 Hawk. c. 9. s. 27. All the cirAlso it is certain, that a coroner may and ought to inquire of cumstances of all the circumstances of the party's death, and also of all things the death to be which occasioned it; and therefore it is said, that if it be found inquired into. by his inquest, that the person deceased was killed by a fall from a bridge into a river, and that the bridge was out of repair, by the default of the inhabitants of such a town, and that those inhabitants are bound to repair it, the township shall be amerced, 2 Hawk. c. 9. s. 28. Must return delivery. . And by 3 Hen. 7. c. 1, It is enacted, that after the felony their inquisi- found, the coroners shall deliver their inquisition before the jus tion to the justices of the next general gaol delivery, in the shire where the in tices of gaol quisition is taken, the same justices to proceed against such mur. derers, if they be in gaol, or else put the same inquisitions afore the king in his bench; and if any coroner do not in such manner certify his inquisition, he shall forfeit one hundred shil. lings. Arraignment on the coroner's inquest. : t Also by 1 & 2 Phil. & Mar. c. 13, 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 the offence committed, shall put in writing the effect of the evidence given to the jury before him, being material; and shall bind over the witnesses to the next general gaol delivery to give evidence; and shall certify the evidence, the recognizance, and the inquisition or indictment before him taken and found, at or before the trial, on pain of being fined by the court. Though a prisoner may be arraigned on the coroner's inquest finding it murder or manslaughter; yet a bill of indictment for murder may be preferred to the grand jury, and thereon he may be arraigned and tried, though the coroner's inquest amount only to manslaughter, or the like. 2 Hale's Hist. 61. Where one indicted on the coroner's inquest, is found not guilty, the petty jury may inquire who killed the deceased, which serves as an indictment against the offender; and formerly, if they could not tell who such person was, they usually gave in some fictitious name; for when it appeared by the coroner's view upon record, that a person was killed, so high credit did the law give to such inquisition, that the judges would not re ceive a verdict of acquittal, unless the jury at the same time found what other person did the fact, or by what other means the party came to his death. 2 Hale's Hist. 65. 2 Hawk. c. 9. 8. 33. But this is now most commonly a business of form; and if the fact be not known, the jurors usually say, that it was done by persons unknown. 2 Hale's Hist. 301. If there be an inquisition of murder or manslaughter, and also where there an indictment for the same offence, and the party is arraigned is a coroner's and acquitted on the indictment, it is necessary to quash the in- inquest and an quisition, or arraign the party upon it, who is to plead his for. indictment. mer acquittal, or not guilty, and so be acquit on that also, other wise he may be out-lawed on record thercof. 2 Hale's Hist. 65. But if both indictments be of the same nature, and for the same offence, and are good, he may be tried on both at once. Ibid. If it be found by a coroner's inquest, that a murder was com- In what cases mitted in such a town, and that the murderer escaped untaken, the coroner's the township cannot traverse such escape, because it makes them inquest may be only liable to an amercement, et de minimis non curat lex. 2 Hawk. c. 9. s. 53. Also it was formerly held, that if a person indicted of a murder by a coroner's inquest, was also found to have fled for it, and afterwards upon his trial was acquitted both of the felony and flight, yet he forfeited his goods; for the coroner's inquest was held to be so solemn, as not to be traversable; and when the goods are once vested in the king, by that inquest, the property of them cannot be divested. 1 Hale 363. 2 Hale 154. 5 Co. 109. Dyer 238. Summary 27. But according to Hawkins, this opinion is very harsh and unaccountable; and it is very hard to say, that a man shall be liable to forfeit all his goods, which may perhaps be all that he is worth, by an inquest taken in his absence, without either hearing him, or giving him an opportunity of defending himself. 2 Hawk. c. 9. s. 64. traversed. Flight found. Also it is strongly holden in some books, that an inquest of Felo de se. self-murder, found before a coroner, cannot be traversed; but the contrary opinion being also holden by books of as great authority, and seeming also to be more agreeable to the general tenor of the law in other cases; it seems to be the better opinion, that such inquest being moved into the King's Bench by certiorari, may be there traversed by the executor or administrator of the person deceased; or in case the coroner's inquest find him to have been a lunatic, by the king, or the lord of the ma nor. 2 Hawk. c. 9. s. 55. And indeed this doctrine, that such inquisitions are not traversible, seems now to be wholly exploded; for the words of lord Mansfield, in the case of The R. v. Killinghall, 1 Bur. 616 How far in rows Rep. p. 19, are, Inquisitions before the coroner are traver sable. V. Their authority in other matters. It is expressly said in some books, that a coroner hath no other felonies power ex officio to inquire of any felony, but only of the death of a man upon view. 2 Hale's Hist. 65. 2 Hawk. c. 9. -s. 35. besides death of a man. In treasuretrove, Concerning royal fishes. Where he is to act as the sheriff's sub. stitute. En outlawries. Yet in Northumberland the coroner, by custom, may enquire of other felonies; but without custom, no coroner is authoris ed to take any inquisition other than on death. 2 Hale's Hist. 65. However, there is no doubt but that the coroner may and] ought to inquire of treasure trove; for by the above statute de officio coronatoris, 4 Ed. 1, it is enacted, That a coroner upon information shall go to the places where treasure is said to be found; and in a following part, that a coroner ought also to inquire of treasure that is found, who were the finders, and like wise who is suspected thereof. And that may be well perceived (saith this old statute) where one liveth riotously, haunting ta verns, and hath done so of long time; hereupon he may be al tached for this suspicion by four or six, or more pledges, if be may be found. It is also said, that a coroner may inquire of royal fishes, sturgeons and whales. Staundforde 31. Bracton 120. Besides his judicial authority, he hath also a ministerial of fice as the sheriff's substitute; for when there is just exception taken to the sheriff, for suspicion of partiality, as that he is interested in the suit, or of kindred to either plaintiff or defend. ant, the process shall be awarded to the coroner, instead of the sheriff, for execution of the king's writs. 1 Black. Com, 349. 4 Inst. 271. But the coroners are not the proper officers of the court, in any other case, but where the sheriff is absolutely improper; not where there is no sheriff at all; and if the sheriff dies, the cords ner cannot execute, but the under-sheriff shall. 1 Salk. 15% stat. 3 Geo. 1. c. 15. s. 8. it th The coroner is also bound to be present in the county court, to pronounce judgment of outlawry upon the party's not pearing to the exigent; and if the judgment appear not, by the return of the exigent, to have been given by the coroner, erroneous, except in London, where the mayor by customi coroner, and the judgment given by the recorder. 2 Hale's Hist. 204. And if the coroners refuse to give judgment of outlawry, the court will grant an attachment against them; and it is said that coroners have for such an offence been fined 101. Noy 113. The coroner had also anciently certain powers in respect to appeals of felony and maim, which are now obsolete. VI. Where the act of one coroner is as effectual as if done by them all. Wherever coroners are authorised to act as judges, as in the Injudicial acts. taking of an inquisition of death, or the like, the act of any one of them who first proceeds in the matter, is of the same force as if all had joined in it; but it is said, that after such proceeding by one of them, the act of any other will be void. 2 Hawk. c. 9. $. 45. Also it seems certain, that where coroners are impowered only In ministerial, to act ministerially, as in the execution of process directed to them, upon the default or incapacity of the sheriff, all their acts will be void, wherein they do not all join. 2 Hawk. c. 9. s. 45. Therefore if there be two coroners in a county, the calling upon an exigent may be by one of them, and likewise one alone may give the judgmeut of outlawry. 2 Hale's Hist. 204. But it seems the return must be by two, as a ministerial act. 2 Hule's Hist. 204. VII, What fees they may lawfully take. By stat. Westm. 1. c. 10, (which was made in affirmanee of the common law, 2 Inst. 176.) "No coroner shall demand or take any thing of any man to do his office, upon pain of great forfeiture to the king." But it is enacted by 3 Ilen. 7. c. 1, That a coroner have for his fee, upon every inquisition taken upon the view of a body slain, 13s. 4d. of the goods and chattels of the slayer and mur- Fee of 13s. 48. derer, if he have any goods: and if he have no goods, of such amerciaments as shall fortune any township to be amerced for the escape of the offender. But the coroners endeavouring to extend this statute to per. sons slain by misadventure, it is enacted by 1 Hen. 8. c. 7, "That upon request made to a coroner to inquire upon the view of any person slain, drowned, or otherwise dead by misad venture, the coroner shall do his office upon view of the body, without taking any thing therefore, upon pain of 40s. ; and justices of assize and of the peace may inquire thereof and determine the same, as well by examination as by presentment." To the intent, however, that coroners may be encouraged to And a fee of execute their office with diligence and integrity, it is enacted by 20s. and also 25 Geo. 2. c. 29, That for every inquisition (not taken upon 9d. a mile. the view of a body dying in a prison) taken zithin England by any coroner in any township or place, contributory to the county rates,20s.; and for every mile which he shall travel from the place of his abode, to take such inquisition, 9d. over and above the said 20s, shall be paid to him out of any monies arising from the rates before mentioned, by order of the justices of peace in their general or quarter sessions for the county or liberty where such inquisition is taken; for which order no fee shall be paid to the clerk of the peace, or any other officer. s. 1. Fee on persons For every inquisition taken upon the view of a body dying dying in gaol. in any prison within England, by any coroner of a county, so much money, not exceeding 20s. shall be paid to him, as the justices of peace in their general or quarter sessions for the county or division wherein such prison is situate, think fit; to be paid by order of the said justices out of any monies arising from the said rates; for which order no fee shall be paid. s. 2. Over and above the recompence hereby appointed for inqui sitions taken as aforesaid, the coroner who takes an inquisition upon the view of a body slain,shall also have the fee of 13s. 4d. payable by 3 Hen. 7. c. 1. out of the goods of the slayer, or out of the amerciaments imposed upon the township, if the slayer escape. s. 3. No coroner to whom any benefit is given by this act, shall take for his office doing, in case of the death of any person, any fee other than the said fee of 13s. and 4d. limited by the 3 Hen. 7. c. 1, and other than the recompence hereby appointed; upon pain of being deemed guilty of extortion. 8. 4. of No coroner of the king's household and of the verge of the king's palaces, nor any coroner of the admiralty, nor any co roner of the county palatine of Durham, nor any coroner the city of London and borough of Southwark, or of any franchises belonging to the said city; nor any coroner of any city, borough, town, liberty, or franchise, not contributory to the rates directed by the 12 Geo. 2. c. 29, or within which such rates have not been usually assessed, shall be intitled to any fee given by this act; but it shall be lawful for all such coroners as are last mentioned, to receive all such fees and salaries as they were entitled to by law before this act, or as shall be given them by the person by whom they are appointed. s. 5. But unless the coroner has taken an inquisition in due form he is not entitled to any fees; for in the K. v. the Justices of Norfolk, Mich. Ter. 33 Geo. 3. on a motion for a mandamus, to compel the justices to pay to the coroner the fees and travelling expences due to him, for taking four inquisitions upon four bodies cast by the sea upon the shore; it appeared that the papers, purporting to be inquisitions, were not inquisitions at all; as they were signed only by the coroner and foreman of the jury. The principal question in this case was, whether when the coroner finds the body of a person manifestly drowned at sea, upon the shore, he may not take an inquisition on the body? The court inclined to the opinion that he could not, and it was |