FREE BOOKS

Author's List




PREV.   NEXT  
|<   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314  
315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   337   338   339   >>   >|  
wer[g]. This officer[h] is of equal antiquity with the sheriff; and was ordained together with him to keep the peace, when the earls gave up the wardship of the county. [Footnote e: 2 Inst. 31. 4 Inst. 271.] [Footnote f: 4 Rep. 57.] [Footnote g: F.N.B. 163.] [Footnote h: Mirror, c. 1. Sec. 3.] HE is still chosen by all the freeholders in the county court, as by the policy of our antient laws the sheriffs, and conservators of the peace, and all other officers were, who were concerned in matters that affected the liberty of the people[i]; and as verderors of the forests still are, whose business it is to stand between the prerogative and the subject in the execution of the forest laws. For this purpose there is a writ at common law _de coronatore eligendo_[k]: in which it is expressly commanded the sheriff, "_quod talem eligi faciat, qui melius et sciat, et velit, et possit, officio illi intendere_." And, in order to effect this the more surely, it was enacted by the statute of Westm. I[l], that none but lawful and discreet knights should be chosen. But it seems it is now sufficient if a man have lands enough to be made a knight, whether he be really knighted or not[m]: and there was an instance in the 5 Edw. III. of a man being removed from this office, because he was only a merchant[n]. The coroner ought also to have estate sufficient to maintain the dignity of his office, and answer any fines that may be set upon him for his misbehaviour[o]: and if he have not enough to answer, his fine shall be levyed on the county, as a punishment for electing an insufficient officer[p]. Now indeed, through the culpable neglect of gentlemen of property, this office has been suffered to fall into disrepute, and get into low and indigent hands: so that, although formerly no coroner would condescend to be paid for serving his country, and they were by the aforesaid statute of Westm. I. expressly forbidden to take a reward, under pain of great forfeiture to the king; yet for many years past they have only desired to be chosen for the sake of their perquisites; being allowed fees for their attendance by the statute 3 Hen. VII. c. 1. which sir Edward Coke complains of heavily[q]; though they have since his time been much enlarged[r]. [Footnote i: 2 Inst. 558.] [Footnote k: F.N.B. 163.] [Footnote l: 3 Edw. I. c. 10.] [Footnote m: F.N.B. 163, 164.] [Footnote n: 2 Inst. 32.] [Footnote o: F.N.B. 163, 164.] [Footno
PREV.   NEXT  
|<   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314  
315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   337   338   339   >>   >|  



Top keywords:

Footnote

 

statute

 

county

 

chosen

 

office

 

officer

 
expressly
 
sufficient
 

answer

 

coroner


sheriff

 

insufficient

 

electing

 

neglect

 

culpable

 

merchant

 

gentlemen

 

dignity

 

property

 
misbehaviour

maintain

 

levyed

 

estate

 

punishment

 

country

 

Edward

 

attendance

 

desired

 
perquisites
 

allowed


complains

 

heavily

 

Footno

 

enlarged

 

indigent

 
suffered
 

disrepute

 

condescend

 

forfeiture

 

reward


serving

 
aforesaid
 

forbidden

 

lawful

 

concerned

 

matters

 
affected
 

liberty

 

officers

 
antient