“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.