The King against Soleguard and Another
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 95 E.R. 376
IN THE COURT OF KING'S BENCH, AT WESTMINSTER
376 TRINITY TERM, 11, 12 GEO. II. 1738 ANDREWS, 231. [231] the king against soleguard and another. An information granted against a captain of a man of war, in commission, lying at Portsmouth, for preventing the coroner of Portsmouth from holding an inquest on board the ship, upon a person who had hanged himself in the cabin; no inquisition having been held by the Admiralty coroner. S. C. 2 Stra. 1097. An information was prayed against one Soleguard, captain of the Berwick man of war, and also against the boatswain thereof, for refusing to let the coroner of Portsmouth and his jury to come on board the said ship, in order to take a view (and inquest thereon) of the body of a person who had hanged himself in the cabin of the ship, whilst she was at her moorings in water five fathom deep, and going to the dock to be cleared. And it appeared on the affidavits produced, that the ship was in full commission when this accident happened; that the body was removed from the place where it was found hanging, to prevent infection; and that the captain refused to suffer the coroner to take a view of the body in the ship, but only offered to let him take it on shore, and afterwards to come and see the place where the person died: and it also appeared that the body was buried secretly, and that the captain took several depositions relating to the fact, and sent them up to the Admiralty; but it was not sworn that he caused any inquest to be taken. It was argued against this motion by Dr. Paul, (the King's Advocate) Sir Edmund Isham, a civilian, and several common lawyers, that it is easy to be proved from the laws of Oleron, and the ordinance made at Queensborough, and other ancient books of the civil law, that the Admiralty hath jurisdiction within the place where this accident happened; but however as this point is to be determined only by the authorities of the common law, they said, they would confine themselves to these : and the following were cited. Stat. 15 E. 2, c. 3. Exton's Jurisdiction of the Admiralty, c. 19. 4 Inst. 137. Stat. 28 H. 8, c. 15. 3 Inst. 113. 5 Co. 107 a. Halo's P. C. 16. Hawk. P. C. b. 2, c. 9, s. 14. Mich. 28 Car. 2. An action was brought by the Earl of Salisbury, as lord of the manor of Redriff, against the marshal of the Admiralty and others, for hindering the [232] coroner of Surry to take an inquisition of...
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...Judges of an Inferior Court, Hardw. 135. For refusing by the captain to let the coroner come on board a man of war (to take an inquistion), Andr. 231. Str. 1097. For keeping great quantities of gunpowder, Str. 1167. Fora justice making an order of removal, and not summoning the party, And. ......
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