dertook to keep them in manner and for the end afore said, yet the said A. B. afterwards, and before the said. J. T. and T. K. had been or could have been brought before any justice, to wit, on, &c. at, &c. voluntarily and unlawfully, and without any legal warrant or authority, discharged and dismissed the said J. T. and T. K. out of his custody, by means whereof the said malefactors escaped without punishment, contrary to his duty in the execution of the said office, to the great scandal, disgrace, and obstruction of justice, to the great damage, grievance, oppression, and ruin of many of the subjects of our said lord the king, and against the peace, &c.

202. Order of sessions for the discharge of a clerk of the peace for extortion (p).

Whereas, by a complaint and charge in writing at this sessions, held the said- day of, preferred and exhibited to this court against R. B. of Appleby, in the county of W. gentleman, clerk of the peace for the said county, who, the day of last past, and

during the whole last general quarter sessions of the peace held for this county, did claim and exercise the said office of clerk of the peace for this county, the said R. B. was charged with divers misdemeanors, by him committed in the execution of the said office of clerk of the peace for this county, viz. that he the said R. B. the said - day of- last, did, under colour of his said office, extorsively exact and receive from one prisoner L. and compel him to pay to the said R. B. the sum of eight shillings and six-pence, for a subpœna to summon four witnesses to give evidence for him at the general quarter sessions of the peace, to be holden on, &c. in and for the said county, which subpœna contained but twelve lines, and for which no other or greater sum than shillings was due to the said R. B.; and that the said R. B. also did, at the said general quarter sessions held for this county, under colour of his said office extorsively exact and receive of one I. S. of Woodside, a poor labourer, and force him to pay to him the said R. B. the sum of nine shillings more than his just fees, for, &c.; and also, that the said R. B. had committed divers other exactions and extortions, particularly mentioned in the said charge in writing; and now at this ge

(p) See 1 Will, & M. sess. 1. c. 21. R. v. Baines, Ld. Ray. 1265,

neral quarter sessions held by adjournment, on the said day of ———, upon due examination, in open court, of the said matters alleged against the said R. B. who by order of this court hath been duly summoned to answer the same, and did attend in person, and had particular notice of each charge against him, and made defence by his counsel thereunto, and upon full proof of the premises made, in open court, it doth appear to this court that the said R. B. hath misdemeaned himself in his said othice of clerk of the peace of this county, and in execution thereof, by exacting and extorting, by colour of his said office, from the said prisoner L. on the said day of last past, the sum of six shillings for the said subpoena to summon the said four witnesses, which is three shillings and sixpence more than the accustomed fee of right due for the same, and by exacting and extorting, by colour of his said office, at the last general quarter sessions, from the said I. S. nine shillings more than his just fees, and thereupon this court doth openly in court discharge and remove the said R. B. from the office of clerk of the peace of this county of W. and he is thereby, by this court, discharged from the same accordingly (9).

203. Indictment against a coroner for refusing to take an inquisition (r).

That on, &c. at, &c. one C. D. at L. in the county of

(9) The defendant objected to this order, after it had been removed into the Court of K. B. that the introductory part of the order was nothing more than an inference from the facts, and of itself was too general and uncertain to support the order; and that the statement of facts was insufficient, because those allegations were wanting, which have been above supplied in italics. C. J. Holt and Mr. J. Powell held, that the order was vicious; Powys and Gould, justices, that it was

sufficient. The court, being thus divided, agreed, that the case should be argued before all the judges in England, and that judgment should be given according to the majority of opinions. In the result, four of the judges were of opinion, that the order was good, and eight were of opinion that it should be quashed, and it was quashed accordingly. Ld. Ray. 1265.

(r) By stat. 8 Hen. 1. c. 7. s. 2. justices of assize and of the peace within the county,

L was drowned and suffocated in a certain pond, and of that drowning and suffocating she the said D. C. their and there instantly died; and that the body of the said D. C. at L. aforesaid, in the county aforesaid, lay dead, of which one A. B. late of Gin the county aforesaid, gentleman, afterwards, to wit, on the said day of in the year aforaid, then being one of the coroners of our said lord, the king, for the county aforesaid, at G, aforesaid, had de: mevertheless, the said A. B. not, regarding the duty of his office in that behalf, afterwards, to wit, on, &c. at &c. to execute.his oflice of and concerning the premises, and to take inquisition of ou said lord the king, according to the laws and customs of this realm, concerning the, death of the said D. C. unlawfully, obstinately, and contemptuously, did neglect and refuse; aud that the said A. B. no inquisition in that behalf hath as yet taken, against the peace, &c.

204. For refusing to take the office of overseer after a due election.

That A. B. late of the parish of C. on, &c. and long before, was, and still is a substantial housekeeper, residing within the parish aforesaid, in the county aforesaid, and a proper and able person to serve the office of an overseer of the poor of the said parish; and that the said A. B. on, &c. at, &c. by warrant under the hands and seals of. clerk, and, clerk, two of the (s) justices of our said.lord the king, assigned to keep his peace in and for the county of D. (one of them, to wit, the said then being of the quorum,) was law

have power and authority to inquire of and determine upon the defaults of coroners, by examination and presentment. See 25 Geo. 2. c. 29. .

By stat. 3 Edw. 1. c. 9. coroners concealing felonies, or not doing their duty, through fa, your to the misdoers, shall be imprisoned a year, and fined. at the king's pleasure.

And by stat. 3 Hen. 7. c. 1. if any coroner be remiss, and

make, not inquisitions upon the view of the body dead, and certify, the same to the goal-delivery, he shall forfeit to the king an, hundred shillings.

(s). In all indictments for refusing to take an office, it is essential to shew that the defendant was under a legal obligation to undertake it, by setting forth how he was elected. See p. 150.

fully nominated and appointed one of the overseers of the poor of the said parish for one year (t) then next ensuing, or until another overseer should be appointed in his stead, whereof the said J. H. afterwards, to wit, on, &c. at, &c. had due notice; nevertheless the said J. H. not regarding his duty in that behalf, but contriving and intending, as much as in him lay, to render the said warrant of appointment of no effect, from the said

day of in the year aforesaid, and continually afterwards, until the day of the taking of this inquisition, at, &c. unlawfully, wilfully, obstinately, and contemptuously did neglect and refuse to take upon himself and execute the said office of overseer of the poor of the said parish. (Conclusion as in pr. 205.)

205. Indictment against a person for refusing to take the office of chief constable (u).

(Commencement as in pr. 190, to the **.) One A. B. late of the parish of in the said county of -, yeoman, then and long before being inhabitant and residing in the parish aforesaid, within the hundred of L. in the said county, and a proper person to execute the office of chief constable within the said hundred, at the same session by the justices above named, in due manner was elected to be one of the chief constables of the hundred aforesaid, in the room and stead of one M. N. whereof the said A. B. afterwards, to wit, on, &c. at, &c. had notice: nevertheless, the said W. B. not regarding his duty in that behalf, but contriving and intending, as much as in him lay, to prevent and hinder the due execution of justice, from the said day of in the year aforesaid, until

(t) By this the court will intend the overseer's year. See R. v. Burder, 4 T. R. 778.

(u) Every justice of the peace may cause two constables to be chosen in each hundred; and this seems to be meant of the high constables of hundreds, and to include the swearing of them. Dalt. c. 28.

The usual manner is, that these high constables of hun

dreds be chosen either at the quarter sessions of the peace, or, if out of the sessions, then by the greater number of the justices of the peace of that division where they dwell; and likewise that they be sworn, either at the sessions, or by warraut from the sessions; which course hath been allowed and commended by the judges of assize. Ibid.

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the day of the taking of this inquisition, at the parish aforesaid, within the hundred aforesaid, in the county aforesaid, unlawfully, wilfully, obstinately, and contemptuously, did refuse to take upon himself and execute the said office of chief constable within the hundred aforesaid, contrary to his duty in that behalf, in manifest contempt and delay of justice, and against the peace of our said lord the king, his crown and dignity.

206. Indictment against a person for refusing to take the oath of constable of a manor, to which office he had been duly elected at a court-leet (x).

That at a court-leet of --, lord of the manor of B. in the county of W. held in and for the said manor of B. on, &c. before R. S. gentleman, then being steward of the said court of the said ——, lord of the said manor, J. D. late of the parish of D. within the manor aforesaid, in the county aforesaid, brazier, according to the custom of the said manor, was duly nominated and elected by J. R. &c. (the names of the jurors) the jury then and there duly sworn at the said court-leet, as well for our said lord the king as for the said lord of the said manor, according to the custom of the said manor, one of the constables of the said manor of B. for the year then next ensuing, (he the said J. D. then being an inhabitant and resiant of and within the said manor, and a fit person to be so nominated and elected, and a person liable to be nominated and elected to the said office;)* and that afterwards, to wit, on the same day and year aforesaid, at the parish aforesaid, in the manor and county aforesaid, the said J. D. had notice from the said R. S. so being steward as aforesaid, of such his nomination and election as aforesaid; and that afterwards, to wit, on, &c. at, &c. in the manor and county aforesaid, the said R. S. then being such steward as aforesaid, did certify under his hand and seal to G. P. esquire, then being one of the justices, (as in pr. 190, from to **,) that the said J. D. had, according to the custom of the said manor, been appointed, at a court-leet held in and for the said manor of B. on the said in the year aforesaid, constable of the said manor of B. whereupon the said G. P. the justice aforesaid, afterwards, to wit, on, &c. at, &c. did make and issue a certain summons under his hand

day of

*

(x) See p. 150.