Page:Notes and Queries - Series 12 - Volume 2.djvu/97

 12 8. II. JULY 29, 1916.] NOTES AND QUERIES.

91

JOHN MUNDY, D. 1653. In the ' Bio- graphical Register of Christ's College,' vol. i. p. 277, is a biography of John Mundy, mat. 1610, Incumbent of Little Wilbraham in 1626, died 1653, and buried in the chancel of that church.

Wanted any further particulars, especially as to parentage. P. D. M.

THE CITY CORONER AND TREASURE-TROVE.

(12 S. i. 483 ; ii. 51.)

1 AM sure that many were glad to see the excerpt from the City Coroner's Return as presented by J. W., and the further excerpts from the same source by the Editor, together with the argument of MR. PAUL DE CASTRO upon the legal problem which had been set.

The point, I take it, is whether the City Coroner had power to hold an inquest upon certain treasure found in the City of London. It appears that, in reply to the suggestion that he should hold an inquest, the Coroner reported that "this cannot be done so long as the treasure lies outside my district and jurisdiction."

To me it seems a pity that so absolute a statement was made, since, so far a? I know, there is little or no authority in its favour, and none against the Coroner summoning a jury, if he so desired, and securing a verdict upon the facts, even although the treasure that had been found was not forthcoming. Some coroners having endeavoured to apply, in cases of inquests on treasure found, prece- dents set in instances of inquests upon dead bodies, it is just possible that the City Coroner had in mind something of this practice, so that there being no inquest where there was no body, there should be no inquest where no treasure was present. I doubt, however, the wisdom of relying upon precedents set in proceedings where bodies are in question, for such reliance leads, among other matters, to juries determining the legal point whether the find brought "before them constitutes treasure-trove, whereas I think that the functions of a jury are limited to a settlement of the facts of the case in hand, leaving to others to draw the conclusion as to the presence of treasure- trove and its seizure as such on behalf of the Crown or the Crown's assignee.

From the point of view of the antiquary and of antiquarian research, it is regrettable

that the Coronor did not feel justified in calling together a jury, for, considering his central position, coroners in the provinces might feel inclined to follow his lead, with the result that much important information concerning the circumstances of a find, without a knowledge of which its true value can hardly be appreciated, might be lost.

In the case of the City find, an inquest might also have opened up the important legal question how far precious stones set in gold and silver can be deemed to be treasure- trove, or stones set in bullion follow the ordinary law as to first-finding, with the consequent denial of the legal right to ownership to the mere finder. The bullion value of a find may often prove negligible, but the circumstances of the find may be of supreme importance. Indeed, the law which, in the absence of a special grant, allocates treasure-trove to the Crown, is defensible in the present day only from antiquarian con- siderations and from the benefit which accrues to the public. Not the least of the public benefits is traceable to the pecuniary reward held out to the finder, a reward which favours the acknowledgment and public preservation of finds, and operates against a secreting often equivalent to destruction. The failure of coroners in the past diligently to seek out finds and to hold inquests is largely responsible for the dissatisfaction which has been expressed in some quarters at a continuance of the law of treasure-trove. The application of the law has been capricious. Uniformity in application, with improvement and publicity in its administration, are necessary in order that the benefits the law confers may be fully appreciated.

As regards the City find, possibly the readers of ' N. & Q.' will be interested in the account given in the Report for 1913-14 of the Committee on Treasure-Trove, &c., of the South -Eastern Union of Scientific Societies :

"The most notable find which has been made public during the year is probably that which is now to be seen at the London Museum, Lancaster House. For two years, the ' London Newa Agency, Ltd.' kindly informs us, a dozen persons carefully guarded the secret of the discovery, in a wooden box, of a hoard of one hundred and fifty articles of Elizabethan or Jacobean jewellery in the very heart of the city. Rings, tie-pins, necklaces, pendants, and other objects set with emeralds, sapphires, rubies, pearls, and other precious stones appear in profusion in the collection. It is under- stood that the hoard was unearthed in a cellar in Wood Street, Cheapside, at a depth of sixteen feet. No inquest was held, as is customary when presumed treasure - trove is discovered. The authorities thought it best that nothing should be