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NOte that the Office and Authori∣ty of a Coroner is to sit, super visum corporis of them that die other∣wise than by the visitation of God, and to take sufficient Record of the view:
Also to Abjure them that ought to be Abjured, and for to record that And also to Record Appeals, and Ac∣cusations of Felons that approve. 22 E. 3. And unlawfully to take Pleas of the Crown, and to present them as it appeareth in the Stat. of VVestm. the first cap. 10. And to take Appeal of Rob∣bery and Felonle, 9 Hen. 6. fol. 4. & 37. quere if they may proceed in that; for the Book saith that they may record Non-suits in Appeals, and give judg∣ment upon Outlawries.* 1.1
* 1.2 The Coroner certifieth into the Kings-Bench, that W. C. received A. B. as he was carried to be hanged, and conducted him to the Church of S. This is no good Record; for hee can certifie nothing but, super visum corporis, or by special Writ to him di∣rected.
A Coroner is made in the time of King Henry the eight, and the Coroner sitteth in the time of the King that now is, super visum corporis, and taketh a sufficient Indictment, and certifieth, it, that is a good Record, and the Court may proceed upon it. 4 E. 4. 44. For the Coroner is made by Writ, * 1.3 and he shall endure till he bee discharged by Writ: contrariwise it is of them that be made by Commission; for by the Kings death their power is then dis∣solved.
A Coroner sitteth super visum corporis and taketh a perfect Indictment, and another Coroner of the same Shire sit∣teth after, and taketh another Indict∣ment, the second Indictment is voyd, 5 R. 2. 10. & 7. For by the first sitting the Enquiry is perfectly determined & ended.* 1.4
A man indicted of Felony confesseth the Felony, and approveth, and hath a Coroner assigned him, and he appro∣veth one of Felony in another County, this is a good Appeal, 9 H. 6. 45. * 1.5 But the Coroner cannot make Process to them, but he must certifice the record to the Justices of the Goale-Delive∣ry, and they shall make the Pro∣ces.
Approvement is as much to say as an Accusation, and it must be after judge∣ment, and it must be made by him that is indicted of Felony, and hath con∣fessed the Felony; and upon this the Justices may assign a Coroner to hear his Approvements, and to record them, and a certain time shal be assigned him to Approve; but it is at the discretion of the Justices if they will permit him to approve or no: And if he approve out of the time to him assigned, it is voyd.
If a man plead not guilty to the Fe∣lony at the Issue, and after he will re∣linquish the Issue, and confess the Fe∣lony,
he shall not be suffered to be∣come an Approver, 21 E. 3. 10. For he hath taken a peremptory Issue, and * 1.6 is found two times false; one is by com∣mitting the Felony, another is by ta∣king of that false Plea, and therefore he shall not be trusted to approve, ō∣thers.
* 1.7 If one that is robbed bring an Ap∣peale against one which confesseth the Felony, he shall not be suffered to ap∣prove; for an approvement is onely for the profit of the King, and in this case the party shall not be so long delayed; and in an Appeal, the Defendant shall not be suffered to approve.
A man is in prison for Trespass, and will confess Felony, he shall not be s••f∣fered to approve, for he is not in prison for Felonly.
* 1.8 A man that is Outlawed of Felony, he shall not be suffered to approve; for this Outlawry is an attainder in Law, and a man attainted cannot approve; for he is out of the protection of the King and his Law; and this approve∣ment is an Action, and a man out of the Law can use no Action.
* 1.9 A man approveth I. S. being an A∣lien born, and now being in Spain, this is no good approvement; for he cannot be summoned by Process to answer:
A man cannot approve another after that he himself is abjured, for none
can approve but such as may have judg∣ment to be hanged, and so cannot a man abjured.
* 1.10 A Clerk convict escapeth out of the Bishops Prison, and maketh another Felony, and confesseth that Felony, he shall not approve, for he hath another judgment before, and he is out of the Law, and cannot be adjudged again.
* 1.11 If the Approver misrehearse the ap∣pealee, either by his name, orthe colour of his horse, he shall be hanged incon∣tinent.
* 1.12 If a man be indicted for forging of false money, if he confess that Treas••n he may approve others.
* 1.13 If one confess the Felony, and ap∣prove another which joyneth the mise by battle, that not guilty, and when the approver cometh to the field to fight, he relinquisheth his approvemens, he shal be hanged incontinent, and the other shall go quit; for this doth countervail a vanqūishment.
An Approver appealeth himself, and I. S. for that they break out of N. in which they were for Felony, this is no good approvement, for one cannot ap∣prove another of felony, but of such whereunto himself was party, and the breaking of the prison was severall escapes; for one was not party unto the escape of the other.
An Approver approveth another
which pleadeth not guilty, the Ki•• pardoneth the approver, the appeallee shall go quit, contrariwise it is if the appealer dye in Prison.
An approver appealeth another, for that he did receive goods knowing they were stoln; this is no good approve∣ment. * 1.14
* 1.15 An approver approveth another of a Felony whereunto himself was not pri∣vy nor party; this is no good approve∣ment.
An approver appealeth one which ap∣peareth, and upon that the appealer ta∣keth his Clergy, the appeallee shal be arraigned upon the Felony for the King.
* 1.16 An approver appealeth I. S. and there is no such in rerum natura, the approver shall be hanged incontinent,
The Justices of the Goal-Delivery or of Oyer and Terminer, may assign a Coroner unto him that will approve, but Justices of peace cannot.
* 1.17 Sanctuarie taken away by the Statute Ideo, &c.
9 H. 6. 4. 37.
5 Ed. 8.
4 Ed. 4. 44.
5 R. 2. 20. & 7.
29 Ed. 3. 45.
21 Ed. 3. 10.
25 Ed. 3.
21 Ed. 3.
11 Ed. 3.
17 Ed. 3, 4
25 Ed. 3. 19.
19 H. 6. 22 Edw. 3.
21 H. 5. 38
25, Ed. 3. 25.
25 Ed. 3. 12. 7. 10 Ed. 4. 17. 3 Ed. 3. 36
21 H. 6. 45.
1 Iac. 25. & 28.