Observations on Coroners

“If there’s a hole in a’your coats, I rede you tent it: A Chield’s amang you, taking notes, And, faith, he’ll prent it.”

IT is no inglorious vanity in Englishmen to consider the laws of their country afford an example for other nations to follow. Founded on the lasting rock of integrity, shewn in the strict regard for the liberty of the subject, they command the obedience and the admiration of thousands. But events, as they transpire, unfold the humiliating circumstance, that blemishes dimly seen in the distance become prominent on the near approach of extending knowledge; thus disclosing the fact, that this is a progressionary as well as a probationary world in which we live, and that perfection in human institutions cannot be attained, unless, through the power of an Infinite Being, the mortal in his earthly career be permitted to assume immortality.

Trial by jury appears the great feature by which the laws are regarded; and a better test for its usefulness cannot be pourtrayed than when with becoming dignity, discrimination, and foresight, it is employed to search into the cause of the death of a fellow creature; consequently no judge in the lands hold a higher position than a coroner, for almost unlimited power is allowed, perfectly in accordance with the sacred trust imposed upon him. But the responsibility attached to office, involves duties of extraordinary character; and the public have a right to expect that efficient pains-taking persons should be appointed, so that enquiries should be conducted in a clear, straightforward, impartial, manner; otherwise innocence might be tarnished, criminals might escape, and laws—coeval with life, framed for its protection—might be considered non-entities.

Coroners are officers at common law, because they deal principally with the pleas of the crown; and, possibly, the name may be derived from the manner of holding the inquest in corona popupuli. The Lord Chief Justice of the Queen’s Bench is, by virtue of his office, principal coroner of England; and may, if he pleases, exercise the jurisdiction of coroner in any part of the realm. In former days they were the principal conservators, and principal magistrates, within their counties, and they may now bind to the peace any person who make an affray in their presence.

The office of Coroner is of great antiquity, for in the days of Alfred, King of England, they existed, for he punished with death, a judge who sentenced a party to suffer death upon the coroner’s record, without allowing the culprit to traverse or be tried in another court. Coroners were ordinarily made by grant or commission, without election—such are the coroners of particular lords of liberties or franchises, who by charter, have power to create their own coroners, or to be coroners themselves. Thus, the Lord Mayor of London, is by charter of 18 Edward the Fourth, Coroner of London. The Bishop of Ely also has power to make coroners in the Isle of Ely, by charter of Henry the Seventh—Queen Catherine had the hundred of Colridge granted her by Henry the Eighth, with power to nominate coroners.

The Cinque Ports {7} have their own coroner. The Dean and Chapter of Westminster have their own coroner, who by their appointment, is coroner of the city and liberties of Westminster. The Wardens are coroners of the Stannaries in Cornwall. The Master of the Crown Office, or Clerk of the Crown, is Coroner of the Queen’s Bench, and has jurisdiction over matters arising within the prison of that court and Marshalsea. He holds his office by letters patent, under the great seal. In addition to which, there are many exclusive jurisdictions and corporations, for which coroners are appointed.

In each of the twelve shires, in Wales, and Cheshire, &c. there are only two coroners, which are settled by stat. 33 H. 8, c. 13 and 34 H. 8, c. 26.

But the two principal jurisdictions over which by the King’s grant, coroners may be appointed, are those of the Admiralty and the Verge.

At common law, if any felonies or treasons were committed within any creek or arm of the sea, which was in the body of the county, the common law courts had jurisdiction; but by stat. 15 Richard 2, c. 3, it was provided, that in “case of the death of a man or mayhem, done on great ships hovering in the main stream of great rivers only beneath bridges nigh to the sea, the admiral shall have cognizance of the same rivers.”

It is said that his jurisdiction extends only to rivers that are arms of the sea, namely, that flow and re-flow, and bear great ships. When the haven, &c. is within the body of the county, the common law tribunals have a concurrent jurisdiction, and the Coroner of the County as well as of the Admiralty, may take inquisition of deaths, &c. happening there.

Therefore, when a man-of-war was infra corpus comitatus, the land coroner was holden to have jurisdiction; and if the captain refuse the coroner admission, on board, the court will grant an information.

Again the Admiralty jurisdiction extends only to such deaths, &c. as happen in great ships, and not to such as occur in small vessels.

When the jurisdiction of the County and of the Admiralty is concurrent, the coroner who first seizes the body, is entitled to take the inquisition; and if he proceed to do so, the authority of the other is determined.

The other great jurisdiction is the Coroner of the King’s House, usually called the Coroner of the Verge, who it seems anciently was appointed by the King’s letters patent, but by stat. 33 H. 8 c. 12, the granting thereof, is settled in perpetuity in the Lord Steward, or Lord Great Master of the King’s house for the time being.

Anciently the Coroner of the Verge had power to do all things within the Verge belonging to the office of the Coroner, to the exclusion of the Coroner of the County; but because the King’s Court was often moveable, it is ordained by stat. of Articuli super Cartas, c. 3, that on the death of a man, the Coroner of the County shall join in inquisition, to be taken thereof, with the Coroner of the King’s house, and if it happen it cannot be determined before the Steward, process and proceedings shall be thereupon had at common law.

But yet in the case of death within the Verge, the Coroner of the County cannot take an inquisition without the Coroner of the Verge; and if he does it is void, but if one person be Coroner of the County, and also of the Verge, the inquisition before him is as good as if the offices had been in several persons and taken by both. And though the court remove, yet he may proceed upon that inquisition as Coroner of the County.

Beside those above enumerated, there are particular coroners for each county, who hold their offices (virtuta electionis) in pursuance of the statute 3 Edward I. c. 10, wherein it is provided, that “through all shires sufficient men shall be chosen to be Coroners, of the most loyal and wise knights,” which know well and may best attend upon such offices, and “which lawfully and shall attend and present pleas of the crown.” Therefore the election of a coroner, is by the freeholders of the county, in pursuance of a writ, called a writ De coronatore eligendo, directed to the Sheriff.

This statute does not define the precise number which varies in different counties, according to usuage. In some there is only one—in others, there are two, four, and six coroners appointed. But as no number is limited by the statute, it is competent for the Lord Chancellor if he thinks fit, to issue a writ for the election of one or more additional coroners, upon the petition of the freeholders of a county, and the approbation of the justices, certified at the general quarter sessions of the peace, holden for the county.

The degree of knighthood, observes “Sewell on the Law of Coroners,” is now no longer an essential qualification for the office of coroner. Yet candidates for that office must it is said, have land sufficient to take upon themselves that degree, whether they be really knighted or not. They must be possessed of an estate in fee, within the county, over which, if elected, their jurisdiction will extend. The statute 14 Edward 3, s. 1 c. 8, enacts, “that no coroner be chosen, unless he have land in fee sufficient in the same county whereof he may answer to all manner of people.” No precise amount of estate is defined by this statute, but the coroner ought to have sufficient property to maintain the dignity of his office, and to answer any fine that may be set upon him for his behaviour. But if having an estate in fee within the county, it be insufficient to answer his fines, that will not operate as a disqualification or be a ground for his removal, if he be of sufficient estate to execute his office, for the county, upon his default, will be liable to the fine as punishment for having elected an insufficient officer.

The authority of the coroner is twofold:—