Observations on Coroners

by William Hewitt

In his ministerial capacity, he has to execute the King’s writs, when the Sheriff is a party to the suit, or kin to either of the parties, or on default of the Sheriff, but they are only authorized so to act in the execution of a process directed to them when their acts are void, unless they all join.

Coroners are conservators of the King’s peace, and become magistrates by virtue of their election and appointment. This privilege, independently of their more official duties, they are entitled at this day to exercise; and are empowered to cause felons to be apprehended, as well as those that have been found guilty after inquisition, as those suspected of guilt, or present at the death, and not guilty; as also burglers and robbers, in respect of whom, no inquisition can be taken. And this, says Lord Hale, appears evidently by the statutes, 3 Edward I, c. 94, and 4 Edward I. Officium Coronatoris, and with this agrees the common usage at this day; for many times the inquest are long in the inquiry, and the offender may escape, if the coroner stay until the inquisition is delivered up.

Where coroners are empowered to act as judges, as in taking an inquisition of death, the act of one of them is of the same force as if they had all joined.

The office of Coroner being by election, does not determine by the demise of the king.

The jurisdiction of coroners is limited to the county, liberty, or precinct, to and for which they are elected and appointed, and cannot be enlarged by any private act or delegation from the crown.

By the common law, if a man had been stricken in one county, and died in another, it was doubtful whether he were indictable or liable in either; but the more common opinion was, that he might be indicted where the stroke was given. And if the party died in another county, the body was removed into the county where the stroke was given, for the coroner to take an inquisition semper visum corporis.

But the statute 2 and 3 Edward the Sixth, cap. 24, sec. 2, provided that when any person shall be feloniously stricten or poisoned in one county, and die of the same stroke, or poisoning in another county, an indictment thereof found by jurors of the county where the death shall happen, whether before the coroner upon the sight of such dead body, or before the Justices of the Peace, or other Justices or Commissioners, which shall have authority to inquire of such offences, shall be as good and effectual in the law, as if the stroke and poisoning had been committed and done in the same county where the party shall die, or where such indictment shall be founded. This statute, however, assumed the existence of a felony, and was silent entirely as to what is to be done by the coroner or jury if no such indictment were found. The effect of any other finding was left entirely as it stood at common law.

It was thought, too, that the statute 2nd and 3rd Edward the Sixth, cap. 24, did not extend to boroughs; but that in cases of felonious killing, where the stroke, occurred out of the borough, and the death, within, the jurisdiction of the coroner, was according to common law.

By the 9th George the Fourth, cap. 31, sec. 8, it was enacted, that, “where any person being feloniously stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England, should die of such stroke, poisoning, or hurt in England, or being feloniously stricken, poisoned or otherwise hurt at any place in England, should die of such stroke, poisoning, or hurt upon the sea, or at any place out of England, every offence committed in respect of any such case, whether the same amounted to the offence of murder or of manslaughter, or of being accessory before the fact to murder, or after the fact to murder or manslaughter might be dealt with, enquired of, tried, determined, or punished in the county or place in England, in which such death, stroke, poisoning, or hurt should happen, in the same manner, in all respects, as if such offence had been wholly committed in that county or place.”

By the 7th George the Fourth, cap. 64, sec. 12, it was enacted, “where a felony or misdemeanour is committed on the boundary of two or more counties, or within the distance of 500 yards of the boundary, or is begun in one county and completed in another, every such felony, &c. may be dealt with, inquired of, tried, determined, and punished in any of the said counties, in the same manner as if it had been wholly committed therein.” This enactment extends to the boundaries of counties only, and not to prosecutions in limited jurisdictions.