III. HIS FEES. For taking an inquisition on a dead body (to be paid out of the estate of the deceased) if the same be sufficient, if not by the county. Dolls. Cts. } 2 80 For all other business done by him, as are allowed 2 See! Rev. Code the sheriff for the same services. 219. These are, in the name of the commonwealth, to require you, immediately upon sight hereof, to summon 24* of the most intelligent and respectable freeholders of this county, to appear before me A C, a coroner of the county aforesaid, on the day of at the house of (or the place where the body lies) in the said county, then and there to inquire of, do, and execute all such things, as on behalf of the commonwealth shall be lawfully given them in charge, touching the death of B D. And be you then there to certify what you shall have done in the premises, and further to do and execute what, in behalf of the commonwealth, shall be then and there enjoined you. Given under my hand and seal, &c. The jury appearing at the appointed time and place, and the body upon view before them, the officer is to make return of his warrant, and call the jury, to the number of twelve, to answer; one of whom the coroner shall appoint the foreman, and swear in the following words: Foreman's Oath. You shall diligently inquire, and true presentment make, on behalf of the commonwealth, how, and in what manner A D (or a person unknown, as the case is) here lying dead, came by his death; and of such other matters relating to the same as shall be required of you, according to your evidence. So help you God. The rest of the jury. Such oath as the foreman of this inquest, hath taken on his part, you, and every of you, shall well and truly observe, and keep on your parts respectively. So help you God. The objects of the jury's consideration may be found in the above recited act; to these the coroner must direct their attention, and when The act of Assembly (1 Rev. Code, p. 125, sect. 6) directs, at least twelve :' but I have inserted twenty-four, which is the usual number returned in inquisitions, though twelve only are sworn. See 2 Hale's H. C. L. p. 137. they have heard the testimony, the inquisition must be drawn up on a paper indented agreeable to the fact, to which the coroner and each of the jurors must put their hands and seals. The witnesses are then to be called and sworn. Oath of a witness. The evidence which you shall give to this inquest, on behalf of the commonwealth, touching the death of A D, shall be the truth, the whole truth, and nothing but the truth. So help you God. to wit. Inquisition of murder. Inquisition indented, taken at in the year day of in the county aforesaid, the day of before me one of the coroners of the commonwealth for the county aforesaid, upon the view of the body of A D, late of, &c. then and there lying dead, and upon the oaths of A B C D, &c. good and lawful men of the county aforesaid, who being sworn, and charged to inquire, on the part of the said commonwealth, when, where, how, and after what manner, the said A D came to his death, do say, upon their oath, that one gentleman, late of the parish of in the county of not having God be. fore his eyes, but being moved and seduced by the instigation of the devil, on the in the year aforesaid, with force and arms, at in the county aforesaid, in and upon the aforesaid A D, then and there being in the peace of God, and of the said commonwealth, feloniously, voluntarily, and of his malice forethought, made an assault; and that the aforesaid then and there, with a certain sword made of iron and steel, of the value of five shillings, which he, the said then and there held in his right hand, the aforesaid A D, in and upon the left part of the belly of the said A D, a little above the navel of the said A D, then and there violently, feloniously, voluntarily, and of his malice forethought, struck and pierced, and gave to the said A D, then and there, with the sword aforesaid in and upon the aforesaid left part of the belly of the said A D, a little above the navel of the said A D, one mortal wound, of the breadth of half an inch, and of the depth of three inches, of which said mortal wound the aforesaid AD then and there instantly died, and so the said then and there feloniously killed and murdered the said A D, against the peace and dignity of the commonwealth; and the said jurors further say, upon their oath aforesaid, that of, &c. and of, &e were feloniously present, with drawn swords, at the time of the felony and murder aforesaid, in form aforesaid committed, that is to say, on the day of aforesaid, at aforesaid, in the county aforesaid, then and there comforting, abetting, and aiding the said to do and commit the felony and murder aforesaid, in manner aforesaid, against the peace and dignity of the commonwealth; and moreover, the jurors aforesaid, upon their oath aforesaid, do say, that the said had not, nor any of them had, nor as yet have or hath, any goods or chattels, lands or tenements, within the county aforesaid, or elsewhere, to the knowledge of the said in the year jurors (or, and the jurors aforesaid, upon their oath aforesaid, do say, that the said at the time of doing and committing of the felony and murder aforesaid, had goods and chattels, contained in the inventory to this inquisition annexed) in witness whereof, as well the aforesaid coroner, as the jurors aforesaid, have to this inquisition put their seals, on the day and year aforesaid, and at the place aforesaid. A. B. A. C. coroner. Where one drowns himself. C. D. E. F. &c. jurors. As above, to oath do say, that the said A D, not having God be. fore his eyes, but being seduced and moved by the instigation of the devil, at aforesaid, in the county aforesaid, then and there being alone, in a common river there called himself voluntarily and feloniously drowned; and so the jurors aforesaid, upon their oath aforesaid, say, that the aforesaid A D, in manner and form aforesaid, then and there himself, voluntarily and feloniously, as a felon of himself, killed and murdered, against the peace, &c. Where one dies a natural death. -that the said AD, on the day of in the year afore- was said, at the parish and in the county aforesaid, to wit, at found dead; that he had no marks of violence appearing on his body, and died by the visitation of God, in a natural way, and not otherwise. In witness, &c. Where the murderer is unknown. -that a certain person, unknown, did kill and murder the said &c. and add-and the said jurors, upon their oath aforesaid, farther say, that the said person unknown, after he had committed the said felony and murder, in manner aforesaid, did fly away, against the peace, &c. Where one hangs himself. as above, to not having God before his eyes, but being seduced and moved by the instigation of the devil, at aforesaid, in a certain wood, at aforesaid, standing and being, the said A D being then and there alone, with a certain bempen cord, of the value of three pence, which he then and there had and held in his hands, and one end thereof then and there put about his neck; and the other end thereof tied about a bough of a certain tree, himself then and there, with the cord aforesaid, voluntarily and feloniously, and of his malice aforethought, hanged and suffocated; and so the jurors aforesaid, upon their oath aforesaid, say, that the said A D, then and there, in manner and form aforesaid, as a felon of himself, feloniously, voluntarily, and of his malice aforethought, himself killed, strangled and murdered, against the peace, &c. An inquisition on one for cutting his throat. by the instigation of the devil, at aforesaid, in the county aforesaid, in and upon himself, then and there being in the peace of God, and of the said commonwealth, feloniously, voluntarily, and of his malice forethought, made an assault; and that the aforesaid A D, then and there, with a certain razor, of the value of one penny, which he, the said A D, then and there held in his right hand, himself, upon his throat, then and there feloniously, voluntarily, and of his malice forethought, did strike, and gave to himself, then and there, with the razor aforesaid, upon his throat aforesaid, one mortal wound, of the breadth of inches, and the depth of inches, of which said mortal wound the said A D, at aforesaid, in the county aforesaid, languished, and languishing lived, from the said year aforesaid, to the the day of day of aforesaid, in the day of year aforesaid, in the county aforesaid, of that mortal wound died; and so the jurors aforesaid, &c. For killing another in his own defence. -upon their oath say, that A K, late of aforesaid, in the said county, on the year of gentleman, at day of in in the peace of God and of the comin the county of at the monwealth then being, A M, late of the house of in the afternoon of the same day, did come, and upon him the said A K, then and there, of his malice forethought, did make an assault, and him the said A K did then and there endeavour to beat and kill, by continuing the assault aforesaid, from the house of one W H, in aforesaid, to a certain place called in the county aforesaid; and the said A K, seeing that the said A M was so maliciously disposed, to a certain in the said place, did flee, and from thence, for fear of death, could not escape, and so the said A K, himself, in preservation of his life, against the said AM, continued to defend, and in his own defence him the said A M, upon the right part of the breast of him the said A M, with a certain of the price of one shilling, which he, the said A K, then and there held in his right hand, did strike, then and there giving to the said AM, one mortal wound, of the breadth of inches, and of the depth of inches, of which said mortal wound the said A M, at aforesaid, in the county aforesaid, languished, and languishing lived, from the said next ensuing, and that the said A M, on the said day of year aforesaid, at to the day of from thence in day of aforesaid, in the said county, of that the mortal wound died, and so the said A K did then and there kill him, the said A M, in his own defence. Where the death was occasioned by chance-medley. day of -that A B, late of the parish aforesaid, in the county aforesaid, labourer, on the in the year aforesaid, at the parish and in the county aforesaid, a certain gun of the value of eight shillings, then and there charged with gun powder and a leaden bullet, which he the said A B then and there had and held in both his hands, then and there casually, and by misfortune, and against the will of him the said A B, discharged and shot off; and that the said A B, with the leaden bullet aforesaid, then and there discharged and shot out of the said gun, by the force of the gun powder aforesaid, him the said CD, in and upon the left breast of him the said C D, casually, by misfortune, and against the will of him the said A B, did then and there strike and penetrate, giving unto him the said CD, then and there, with the bullet aforesaid, out of the gun aforesaid, so as aforesaid shot off and discharged by the force of the said gun powder, in and upon the said left breast of him the said C D, one mortal wound, of the breadth of one inch, and the depth of three inches; of which said mortal wound he the said CD then and there instantly died; and so the jurors aforesaid, upon their oath aforesaid, do say, that the said A B, him the said C D, in manner and by means aforesaid, casually, and by misfortune, and against the will of him the said A B, did kill and slay; but what goods or chattels the said A B had, at the time of such killing and slaying by misfortune, as aforesaid, the jurors know not. In witness, &c. Indictment against a coroner for refusing to take an in quisition. The jurors for, &c. upon their oath present, that on the in the year one C D, at day of in the county of was drowned and suffocated in a certain pond, and of that drowning and suffocating she, the said C D, then and there instantly died; and that the body of the said C D, at aforesaid, in the county aforesaid, lay dead, of which one W C, late of in the county aforesaid, gentleman, afterwards, to wit, on the said day of in the year aforesaid, then being one of the coroners of the commonwealth for the County aforesaid, at aforesaid, bad notice: nevertheless, the said day of W C, the duty of his office in that behalf not regarding, afterwards, to wit, on the said in the year aforesaid, at aforesaid, in the county aforesaid, to execute his office of and concerning the premises, and to take inquisition for the commonwealth, according to the laws and customs of this commonwealth, concerning the death of the said C D. unlawfully, obstinately, and contemptuously, did neglect and refuse; and that the said W C no inquisition in that behalf as yet hath taken, to the great hindrance of justice, in contempt of the laws of this commonwealth, and against the peace and dignity of the commonwealth. |