der or not, he muſt enquire whether any deodand has accrued to the king, or the lord of the franchiſe, by this death: and muſt certify the whole of this inquiſition to the court of king's bench, or the next aſſiſes. Another branch of his office is to enquire concerning ſhipwrecks; and certify whether wreck or not, and who is in poſſeſſion of the goods. Concerning treaſure-trove, he is alſo to enquire who were the finders, and where it is, and whether any one be ſuſpected of having found and concealed a treaſure; "and that may be well perceived (ſaith the old ſtatute of Edw. I.) where one liveth riotouſly, hunting taverns, and hath done ſo of long time:" whereupon he might be attached, and held to bail, upon this ſuſpicion only.
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[1].
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.
- ↑ 4 Inſt. 271.
