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.]
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