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:—
1. Judicial
2. Ministerial
In his judicial capacity, he has to enquire when any one comes to his death suddenly or violently; how and by what means such death was caused; to pronounce judgement upon out-lawries; to inquire of lands and goods, and escapes of murderers, treasure trove, wreck of the sea, deodands, &c.
Before the statute of Magna Charta, c. 17, (4,) coroners held pleas of the crown, but that power is taken away by a more recent enactment. The Sheriff in his tourne might by the common law, inquire of all felonies, save the death of a man, but it is doubtful whether the coroner can inquire of any felony but the death of a person, and that super visum corporis, except in Northumberland, where the coroner may, by custom, inquire of other felonies.