Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
THE office and power of a coroner are also, like those of a sheriff,
either judicial or ministerial; but principally judicial. This is in
great measure ascertained by statute 4 Edw. I. _de officio
coronatoris_; and consists, first, in enquiring (when any person is
slain or dies suddenly) concerning the manner of his death. And this
must be "_super visum corporis_[t];" for, if the body be not found,
the coroner cannot sit[u]. He must also sit at the very place where
the death happened; and his enquiry is made by a jury from four, five,
or six of the neighbouring towns, over whom he is to preside. If any
be found guilty by this inquest of murder, he is to commit to prison
for further trial, and is also to enquire concerning their lands,
goods and chattels, which are forfeited thereby: but, whether it be
murder or not, he must enquire whether any deodand has accrued to the
king, or the lord of the franchise, by this death: and must certify
the whole of this inquisition to the court of king's bench, or the
next assises. Another branch of his office is to enquire concerning
shipwrecks; and certify whether wreck or not, and who is in possession
of the goods. Concerning treasure trove, he is also to enquire who
were the finders, and where it is, and whether any one be suspected of
having found and concealed a treasure; "and that may be well perceived
(saith the old statute of Edw. I.) where one liveth riotously,
haunting taverns, and hath done so of long time:" whereupon he might
be attached, and held to bail, upon this suspicion only.
[Footnote t: 4 Inst. 271.]
[Footnote u: Thus, in the Gothic constitution, before any fine was
payable by the neighbourhood, for the slaughter of a man therein, "_de
corpore delicti constare oportebat; i.e. non tam fuisse aliquem in
territorio isto mortuum inventum, quam vulneratum et caesum. Potest
enim homo etiam ex alia causa subito mori_." Stiernhook _de jure
Gothor._ _l._ 3. _c._ 4.]
THE ministerial office of the coroner is only as the sheriff's
substitute. For when just exception can be taken to the sheriff, for
suspicion of partiality, (as that he is interested in the suit, or of
kindred to either plaintiff or defendant) the process must then be
awarded to the coroner, instead of the sheriff, for execution of the
king's writs[w].
[Footnote w: 4 Inst. 271.]
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