to mortuum inventum, quam vulneratum et caesum. Potest
enim homo etiam ex alia causa subito mori_." Stiernhook _de jure
Gothor._ _l._ 3. _c._ 4.]
THE ministerial office of the coroner is only as the sheriff's
substitute. For when just exception can be taken to the sheriff, for
suspicion of partiality, (as that he is interested in the suit, or of
kindred to either plaintiff or defendant) the process must then be
awarded to the coroner, instead of the sheriff, for execution of the
king's writs[w].
[Footnote w: 4 Inst. 271.]
III. THE next species of subordinate magistrates, whom I am to
consider, are justices of the peace; the principal of whom is the
_custos rotulorum_, or keeper of the records of the county. The common
law hath ever had a special care and regard for the conservation of
the peace; for peace is the very end and foundation of civil society.
And therefore, before the present constitution of justices was
invented, there were peculiar officers appointed by the common law for
the maintenance of the public peace. Of these some had, and still
have, this power annexed to other offices which they hold; others had
it merely by itself, and were thence named _custodes_ or
_conservatores pacis_. Those that were so _virtute officii_ still
continue; but the latter sort are superseded by the modern justices.
THE kings majesty[x] is, by his office and dignity royal, the
principal conservator of the peace within all his dominions; and may
give authority to any other to see the peace kept, and to punish such
as break it: hence it is usually called the king's peace. The lord
chancellor or keeper, the lord treasurer, the lord high steward of
England, the lord mareschal, and lord high constable of England (when
any such officers are in being) and all the justices of the court of
king's bench (by virtue of their offices) and the master of the rolls
(by prescription) are general conservators of the peace throughout the
whole kingdom, and may commit all breakers of it, or bind them in
recognizances to keep it[y]: the other judges are only so in their own
courts. The coroner is also a conservator of the peace within his own
county[z]; as is also the sheriff[a]; and both of them may take a
recognizance or security for the peace. Constables, tythingmen, and
the like, are also conservators of the peace within their own
jurisdictions; and may apprehend all breakers of the peace, and commit
them till they find sureties for thei
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