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.