ford the king, giveth the court here further to understand and be informed, that afterwards, and within the said space of fourteen days, from the date of the said last mentioned warrant, and whilst the said C. B. was so confined in the said house of correction, and in the custody of the said governor thereof, and there ought to have remained and continued for the said space of time, in the said last mentioned warrant for that purpose specified for the cause aforesaid, under, and by virtue of the said last mentioned warrant, to wit, on the said, &c. the said R. B. and J. R. (they the said R. B. and J. R. then and still being two of his majesty's justices in and for the said liberty) well knowing the said premises, but devising, designing, contriving, and intending to pervert the due course and administration of law and justice, and to make the same subservient to their own private lucre and gain, and to their own private wicked purposes and intentions, at the liberty aforesaid, in the county aforesaid, under colour and pretence of their authority, as such justices as aforesaid, did, with force and arms wilfully, unjustly, and corruptly order, cause, and procure the said C. B. to be discharged and to escape and go at large, from and out of the custody of the said governor of the said house of correction, in and from and out of the said house of correction, in which he the said C. B. was so confined as aforesaid, for the cause aforesaid, and to go unpunished, by means whereof he the said C. B. was afterwards, and before the expiration of fourteen days, from the date of the said last mentioned warrant of commitment, to wit, on the said, &c. at, &c. aforesaid discharged, and set at large from the said custody of the said governor, of, from, and out of the said house of correction, and did thereby then and there escape and go at large and unpunished, in manifest breach and [*243] violation, &c. [conclusion * as in the first count.] And the said coThird roner and attorney, &c. that heretofore, to wit, on the said, &c. count, for preventing in, &c. the said J. S. esquire, then and still being one of his mathe officer jesty's justices of the peace, in, and for the said liberty, did, withing anin the said liberty, in the said county of M. make and issue his other per- certain other warrant in writing, under his hand and seal, bearing son charg

from tak

ed with a date the day and year last aforesaid, directed to all constables, similar of fence be headboroughs, and other his majesty's officers of the peace, for fore a ma- the said county of M. and liberty of the said Tower of London, gistrate. and to J. H. for that purpose especially appointed, by which said last mentioned warrant, they the said constables, headboroughs, and other officers, and the said J. H. to whom the same was di

rected as aforesaid, were in his majesty's name commanded upon sight thereof, to take and bring, &c. [set out the warrant,] which said last mentioned warrant, afterwards, to wit, on the said, &c. at, &c. aforesaid, was delivered to the said W. E. then and there being such constable as aforesaid, to be executed in due form of law; by virtue of which said last mentioned warrant, he the said W. E. to whom the said last mentioned warrant was so directed and delivered as aforesaid, afterwards, to wit, on, &c. last aforesaid, at and in the liberty aforesaid, in the county aforesaid, (having possession of the said last mentioned warrant) took and apprehended the said W. P. by his body, and was then and there about to take and convey, and would then and there have taken and conveyed him before the said J. S. esquire, (so being such justice, making and issuing the said last mentioned warrant as aforesaid) according to the exigency of the said last mentioned warrant, and as it was lawful for him to do for the cause aforesaid, but the said coroner and attorney, further, &c. that after the said caption, and whilst the said W. P. remained in the custody of the said W. E. under and by virtue of the said last mentioned warrant, and when the said W. E. was proceeding to take and convey him the said W. P. before the said J. S. esquire, (so being such justice, making and issuing the said last mentioned warrant as aforesaid,) according to the exigency of the said last mentioned warrant, they the said R. B. and J. R. (so then and there being two of his majesty's justices of the peace, in and for the said liberty, but having no regard to the duty of their said office, or for the laws and statutes of this realm, but unjustly and corruptly devising, designing, contriving, and intending to pervert the due course of law and justice, and to make the same subservient to their own private wicked purposes and intentions, and also to cause and procure the said W. P. to be discharged, and to go at large and unpunished for the said last mentioned offence) then and there, that is to say, on the day and year last aforesaid, at the liberty [*244] aforesaid, in the county aforesaid, with force and arms, unlawfully, unjustly, corruptly, and violently, and without any reasonable or probable cause whatsoever, did obstruct, prevent, and hinder the said W. E. from conveying and taking the said W. P. before the said J. S. esquire, (so being such justice, and making and issuing the said last mentioned warrant as aforesaid,) according to the exigeney of the said last mentioned warrant, and on the con

trary thereof, did then and there with force and arms, &c. unlaw fully, unjustly, and corruptly, under colour and pretence of their authority, as such justices as aforesaid, discharge and set at large, and cause and procure to be discharged and set at large, the said W. P. from the custody of the said W. E. (so being the person to whom the said last mentioned warrant was directed as aforesaid) under, and by virtue of the said last mentioned warrant, and from the said warrant, before the said W. P. could be taken and conveyed before the said J. S. esquire, (so being such justice as aforesaid, and so making and issuing such last mentioned warrant) according to the exigency of the said last mentioned warrant, by reason whereof he the said W. E. was then and there wholly hindered and prevented from executing the said last mentioned warrant, as he was thereby commanded, and by reason whereof he the said W. P. did then and there escape and go at large and unpunished for the said last mentioned offence, in manifest breach and violation, &c. [conclude as before, and as ante 7.]

[*255]

Indict

ment of a

*AGAINST CORONERS FOR NEGLIGENCE, &c.

That on, &c. at, &c. one A. B. was drowned and suffocated in coroner for a certain pond, and of that drowning and suffocating she the said refusing to A. B. then and there instantly died, and that the body of the said quisition. A. B. at, &c. aforesaid, lay dead, of which one C. D. late of, &c. (c)

take an in

gentleman, afterwards, to wit, on the said, &c. then being one of the coroners of our said lord the king, for the county aforesaid, at, &c. aforesaid, had notice; nevertheless the said C. D. not regarding the duty of his said office in that behalf, afterwards, to

(c) See other precedents. Cro. C. C. 8th Ed. 170. Cro. C. C. 7 Ed. 303. Dick. Sess. 67. As to the duties, powers, and liabilities of a Coroner, see Imp. Off. Cor. Com. Dig. Justices of the Peace, D 7. London, K. 6. Officer, G. 1. Bro. Abr. Corone. Burn, J. Coroner. Williams, J. Coroner. Cro. C. C. 170. Dick. Sess. 68. Imp. Off. Coroner, 3rd Ed. 431. By 3 Edw. I. c. 9. Coroners concealing felonies, or not doing their duty

through favour to the misdoers, shall be imprisoned a year, and fined at the king's pleasure. And by 3 Hen. VII c. I. if any Coroner be remiss and make not inquisition, upon the view of the body dead, and certify the same to the gaol delivery, he shall forfeit to the king 100 shillings. The offences of neglect and misbe. haviour are also indictable at Common Law, like the other violations of magisterial duty.

wit, on the said, &c. at, &c. aforesaid, to execute his said office of coroner, of and concerning the premises, and to take inquisition for our said lord the king, according to the laws and custom of this realm, concerning the death of the said A. B. unlawfully, obstinately, and contemptuously did neglect and refuse, and that the said C. D. no inquisition in that behalf as yet hath taken, to the great hindrance of justice, in contempt, &c. and against the peace, &c.

ment a

not return

[*256]

That on, &c. one A. D. late of, &c. came to her death in the Indictsame parish, in the county, aforesaid, by one mortal bruise, regainst a ceived on the right side of the head of her the said A. D. by some coroner for person or persons (to the jurors aforesaid as yet unknown) whereing his inof one W. G. late of B. in the said county of Hereford, gentle- quisition according man, being one of the coroners of our said lord the king, in *and to evifor the county aforesaid, afterwards, to wit, on, &c. aforesaid, at, dence. (d) &c. aforesaid, had notice. And the jurors, &c. do further present, that the said W. G. being such coroner as aforesaid † afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, did cause a certain jury of twelve good and lawful men of the said county, duly sworn in that behalf to enquire (upon view of the body of the said A. D. there lying dead) by what means and in what manner the said A. D. came to her death, and that one M. D. and one D. K. good and lawful men, then and there appeared before the same coroner, and the said jurors so sworn to enquire, touching the death of the said A. D. as aforesaid, were then and there in due form and manner sworn before the said coroner and that jury, to give true evidence concerning the death of the said A. D. and that the said M. D. and D. K. then and there upon their oath aforesaid, did give evidence to the said coroner and jury of that inquisition, that on the same day and year aforesaid, they the said M. D. and D. K. had found the said A. D. in a ditch in the same parish dead, and that it appeared to them as if some person or persons had struck the said A. D. a violent blow upon the right side of her head, with a certain stone, there lying by her side, which had occasioned her death, nevertheless the said W. G. the coroner aforesaid, not regarding the duty of his said office, nor the laws of this realm, did return an inquisition under his hand

(d) See precedent, Cro. C. C. 7th Ed. 304. and supra note c.

and scal, unto the justices of our said lord the king, duly assigned to hold the assizes and general session of Oyer and Terminer, of our said lord the king, at -, in, and for the said county of H. on, &c. [the date of the inquisition] that the said A. D. died a natural death, to the manifest subversion of justice, to the evil example, &c. and against the peace, &c. (e)

[*257]

Against a high con

* AGAINST INFERIOR OFFICERS, FOR NEGLIGENCE AND MISCONDUCT.

That J. D. and B. B. esquires, then and yet being two of the stable for justices of our said lord the king, assigned, &c. [as ante 182*.] not issuing at, &c. in the south division of the hundred of P. in the said counhis precept to the pet. ty of O. duly made their certain warrant in writing, under their ty consta hands and seals, as such justices as aforesaid, directed to the bles requiring chief constable of the south division of the hundred of P. in the them to said county, whereby the said justices in his majesty's name give notice to all vic- commanded the said constable, on sight thereof, to issue his pre

appear

order to

tuallers to cepts to all petty constables and tything men within the said with their chief constable's division, strictly requiring them to give notice to licences in all victuallers and retailers of ale, beer, or other liquors, personhave them ally to appear before them, the said two justices, and such other renewed. (f) of his majesty's justices of the peace, of the said county, as should *258] be assembled at the house of T. P., known by the sign of the [*259]

(e) It is indictable as a misdemeanour to bury the body before or without sending for the Coroner, 1 Salk. 377. and see 3 Leon. 207. Cro. Car. 252. and ante 255*, note c.

(f) See similar forms, 4 Wentw. 347. and other precedents against constables, 1 T. R. 316. 2 Burr. 801 5 East. 372. 5T R. 607. Cro. C. C. 143 to 145, 151, 154. Cro. C. A. 63, 481. 4 Wentw. 345, 347. Stark. 576, to 584. 2 Ld. Raym. 1189 The offence. An indictment lies at Common Law against all subordinate of ficers for neglect and misconduct in the discharge of their official duties. See the above precedents and notes. Thus a constable may be indicted for refusing to pursue a felon upon hue

and cry on notice. Cro. Eliz. 654. an overseer for refusing to join with his colleagues in making a poor's rate, 1 Stra. 101. and for not obeying an order of justices, 1 T. R. 316. as well as against any other persons for disobedience to such order, 2 Burr. 799. And by 11 Geo. I. c. 4. s. 6. "If any mayor, bailiff, or bailiffs, or other chief officer or officers of any city, borough, or town corporate, shall voluntarily absent himself or themselves from, or knowingly, and designedly prevent or hinder the election of any other mayor, bailiff, or other chief officer in the same city, borough, or town corporate, upon the day or within the time appointed by charter or ancient usage