OF THE CORONER’s INQUEST.
The office of Coroner (Coronator, from his duty in Pleas of the Crown, 2d Inst. 31. 4. Inst. 271) which is of great antiquity, was also of considerable dignity;[[75]] for the Coroner, together with the Sheriff, was to keep the peace of the county. He is to be elected by the full county, and for life (except in cases of misconduct, when he may be removed). The writ De Coronatore eligendo, F.N.B. 163, commands the Sheriff “quod talem eligi faciat, qui melius et sciat et velit et possit officio illi intendere”, and the 3 Edw. 1 c. 10. enacts, that none but lawful and discreet knights should be chosen. But now it is held sufficient if he have enough to be made a knight (1 Bl. Com. 347), which is but lands to the amount of £20 per annum, (I Edw. 1. Stat. de milit). But as the office is attended with many unpleasant duties, gentlemen, in these nicer times, have shrunk from its performance, and it has consequently fallen into disrepute; and too frequently into low and indigent hands. For though in great counties, and some populous places, it is held by very worthy and experienced men, yet in remoter parts it is to be feared that it is ill exercised; and at least, that the persons holding it have not the learning and practice necessary for its due execution. And this in all probability is an increasing evil; for an office once fallen into disrepute, and only propped by the addition of emoluments to be derived from fees (per job), generally becomes venal; and there is now too much reason to fear, that decency may be outraged by the ill-timed activity of some[[76]], as much as justice is defeated by the corruption and supineness of others, who have of late been chosen to this ancient and once honorable office. It is therefore to be wished that some legislative measure may correct or prevent this evil, by restricting the elections to persons duly qualified; and by appointing medical assessors or inspectors, who might usefully assist the Coroner in the discharge of his duties in cases of inquisition of death.
The statute De Officio Coronatoris, 4 Edw. 1 c. 2. directs the mode in which Inquisitions of Death shall be held. “The Coroner, when commanded by the King’s bailiffs, or by honest men of the county, shall go to the places where any be slain, or suddenly dead or wounded, and shall forthwith command four of the next towns[[77]], or five or six to appear before him, in such a place; and when they are come thither, the coroner upon the oath of them shall enquire if they know where the person was slain; whether it were in any house, field, bed, town, tavern, or company, and who were there. Likewise it is to be enquired who were culpable either of the act or of the force; and who were present, either men or women, of what age, if they can speak or have any discretion. And such as are found culpable by inquisition shall be taken and delivered to the sheriff, and committed to gaol; and such as be found, and be not culpable (i.e. the witnesses, and these the coroner shall bind over by recognizance to the next assizes,) shall be attached until the coming of the justices[[78]] and their names written in the coroner’s roll. If any be slain and the body found in the fields or woods; first, it is to be enquired whether he was slain in the same place or not;[[79]] and if it were brought and laid there, endeavour shall be made to follow their steps who brought the body thither; whether brought upon a horse or in a cart. Also it shall be inquired, whether the dead person were known or a stranger, and where he lay the night before. And if any be found culpable of the murder, the coroner shall immediately go into his house, and inquire what goods he has, &c. how much land, and the yearly value, and what corn on the ground, which shall be valued and delivered to the township, which shall be answerable before the justices for all; and the land shall remain in the king’s hands until the lords of the fee have made fine for it, &c.
“Also it is to be enquired of those who were drowned or suddenly dead; and after it is to be seen of such bodies whether they were so drowned or slain, or strangled by the sign of a cord tied straight about their necks, or about any of their members, or upon any other hurt found upon their bodies: whereupon they shall proceed in the form above said. And if they were slain, then ought the coroners to attach the finders and all others in company.
“Upon appeal of wounds and such like, especially if the wounds be mortal, the parties appealed shall be taken immediately, and kept until it be known perfectly whether he that is hurt shall recover or not; and if he die, the offenders shall be kept: and if the party recover, the offenders shall be attached by four or six pledges after, as the wound is great or small: if it be for a maim, he shall find more than four pledges: and two pledges if it be for a small wound without mayhem. Also all wounds ought to be viewed; the length, breadth, and depth, and with what weapons, and in what part of the body the wound or hurt is, and how many wounds there be, and who gave them: all which must be enrolled by the coroner.
“Moreover if any be appealed, the party appealing of the fact shall be taken, and the party appealed of the force shall be attached also, and kept in ward, until the parties appealed of the fact be attainted or delivered.
“Also horses, boats, carts, &c. whereby any are slain, shall be valued, and delivered unto the towns as beforesaid.
“If any be suspected of the death of any man, being in danger of life, he shall be taken and imprisoned as before is said.”
This statute is but in confirmation of the common law, and therefore does not restrain the powers of the coroner which he before possessed, even though they be not mentioned in it. 1 East. P. C. 381, where see observations on each part of this duty.
He is to inroll the verdict of his jury, written on parchment, and return the Inquisition, either to the Justices of the next gaol delivery of the county, or certify it into the King’s Bench, 2 Roll. Abr. 32.
He must take notes of the evidence,[[80]] and bind the witnesses to appear, for neglect of which he may be fined, 1 & 2 Ph. & Mary, c. 13. 1 Lil. Abr. 327. And if he hath not enough to answer, his fine (for this or any other offence in execution of his office), shall be levied on the county, as a punishment for electing an insufficient officer. Mirror, c. 1. s. 3. 2 Inst. 175.
When it happens that any person comes to an unnatural death, the township shall give notice thereof to the coroner. Otherwise if the body be interred before he come, the township shall be amerced. Hale P.C. 170. And Holt, C. J. says, It is a matter indictable to bury a man that dies a violent death, before the Coroner’ Inquest have sat upon him. 2 Hawk. P.C. n. 8. 1 Burn’s Just. 562.
Though it is not necessary that the inquisition be taken in the place where the body was viewed, 2 Hawk. P.C. c. 9. s. 25. yet he has no authority to take an Inquisition of Death, without a view of the body, and if an inquest be taken by him without such view, it is void. 2 Lev. 140[[81]]. But after the view, which must be by the jury and coroner together, the inquest may adjourn to a more convenient place.[[82]]
He may in convenient time take up a dead body that hath been buried, in order to view it: but if it be buried so long that he can discover nothing, or if there be danger of infection, the inquest ought not to be taken by the coroner, but by Justices of Peace, by the testimony of witnesses; for none can take it on view, but the coroner. Bro. Coron. 167. 173. If the body is improperly buried, or suffered to lie till it stinks, the town shall be amerced. 2 Danv. Ab. 209. Hale, P.C. 270. 2 Hawk. 48.
A Coroner’s Inquisition being final, the coroner ought to hear counsel[[83]] and evidence on both sides.[[84]] 2 Sid. 90. 101. He must admit evidence as well against the king’s interest as for it; and for omitting to do so, his inquisition may be quashed. 2 Hale, P. C. 60.[[85]] 1 East’s P.C. 383.
The coroner among other things must enquire of the deodand, which on the violent death of any one, even though purely accidental, has accrued to the king or his grantee.
This mulct was, in ancient times, applied to the purpose of purchasing masses, for the repose of the soul of the deceased; it is now converted into an ill apportioned, arbitrary, or, in a few cases, inadequate fine[[86]] on the individual, whose property has been, whether innocently or culpably, the cause of death. It is as absurd that a ship under sail, from which a man has fallen and been drowned, should be forfeited to the king; as it is lamentable that the ignorant, and too frequently the criminally negligent vender of oxalic acid for Epsom salts, should escape all punishment.
Where a thing is not in motion, that part of it which actually caused the death is alone forfeited, “as if a man be climbing on the wheel of a cart, and is killed by falling from it, the wheel alone is a deodand. 1 Bl. Com. 300. But whenever the thing is in motion, not only that part which immediately gives the wound, (as the wheel which runs over his body) but all the things which move with it, and help to make the wound more dangerous (as the cart and loading, which increase the pressure of the wheel) are forfeited.” ibid. The utmost penalty of this law might often be inflicted on the proprietors of stage coaches, where the wilful negligence, drunkenness, or brutality of the driver had occasioned the loss of life. “It matters not whether the owner were concerned in the killing or not; for, if a man kill another with my sword, the sword is forfeited.” ibid. The learned Commentator thus concludes, “But juries have of late very frequently taken upon themselves to mitigate these forfeitures, by finding only some trifling thing, or part of an entire thing, to have been the occasion of the death. And in such cases, although the finding of the jury be hardly warrantable by law, the Court of King’s Bench hath generally refused to interfere on behalf of the lord of the franchise, to assist so unequitable a claim.” 1 Com. 301. Thus is the justice of the country injured, in order to restrain the rapacity of individuals, improperly invested with the prerogatives of the crown. See also 1 East. P. C. 386.
A coroner may be punished for misconduct by fine, imprisonment, or removal; as if he be remiss in coming to do his office when he is sent for, he shall be removed by virtue of the statute De Coronatoribus 4 Ed. l. c. 2: Salk. 37. Hale P. C. 170. or if he do not properly execute his office. 1 Lill. Abr. 327.
If his Inquisition be quashed, and a melius Inquirendum is granted, that Inquisition must be taken by the Sheriffs or Commissioners, upon affidavits.[[87]] 1 Danv. Abr. 210. Salk. 190.
The filing of a coroner’s inquest may also be stopped for mismanagement. 1 Mod. 82. If he conceal felonies he shall be fined, and suffer one year’s imprisonment. 3 Ed. 1 c. 9. In Lord Buckhurst’s case a coroner not returning his inquisition of murder to the next gaol delivery, but suppressing it, was discharged from his office, and fined £100. 1 Kebl. 280.
If a coroner be convicted of extortion, wilful neglect of duty, or misdemeanor in his office, the Court before whom he shall be convicted, may adjudge that he shall be removed from his office. 25 Geo. 2. c. 29.
And lastly, by the writ De Coronatore exonerando, F.N.B. 163. 164: he may be discharged for negligence, or insufficiency, in the discharge of his duty, and when coroners are so far engaged in any other public business that they cannot attend the office; or if they be disabled by old age or disease, or have not sufficient lands, or live in an inconvenient part of the county. 2 Inst. 32. 2 Hawk. P.C. c. 9. s. 12. But if any such writ be obtained on an untrue suggestion, the coroner may procure a commission out of Chancery to enquire thereof; and the king may grant a supercedeas of the writ. Reg. Orig. 177. 178. F.N.B. 164. As the coroner’s is an office of freehold, the Court of Chancery will not suffer the writ to issue, unless on affidavit that the defendant has been served with notice of the petition for it. 3 Atk. 184. On the election of a new coroner the office of the old one is ipso facto extinguished.
We have entered more fully into this description of the office and duties of coroner in general, as we deem the due execution of them to be of the utmost importance to the public welfare; not indeed intending it as a guide to coroners themselves, for to that purpose it would be insufficient; but to give some insight into the nature and character of the office, to those who may, from time to time, be called upon to aid its administration. It is however necessary for us to add that there are some exceptions to the above mentioned rules, arising out of local customs and peculiar jurisdictions; thus the Lord Mayor of London is by virtue of his office, coroner within the City, and the Court is holden before him or his deputy. 4 Inst. 250. And other places, as some of the Royal residences, &c. have their separate coroners; but all, whatever the mode of election or appointment, are in cases of misconduct subject to the jurisdiction of the Court of King’s Bench.