CHAPTER III.

THE CORONER.

Election of the Coroner.-The Coroner.-Assistant and Representative of the Sheriff. -Coroner's Inquest.-Coroner's Jury.-Responsibility of the Coroner.-Political Importance of the Office.-Subordination to Justices of the Peace.

THE office of coroner (coronator) was originally administered as being delegated by the sovereign; at a later period the coroner was chosen by the freeholders in the county-court; it is now the only substantially elective office of the county. Coroners are chosen for life, but may be removed by being made sheriff, which is an office incompatible with the other. The office continues on demise of the crown. There are particular coroners for every county; usually four, but sometimes six and sometimes fewer. By 7 and 8 Vict. c. 92, they may be appointed for districts within counties, instead of for the county at large. To municipal corporations the right is generally granted of having a special coroner. Since Richard I. a coroner has been ordinarily a commoner, now a days attorneys and surgeons are frequently chosen for the office, and it is undertaken on account of the fees attached.

*

A coroner, in the absence of the sheriff, is bound to act as his substitute in executing process; he is also a conservator of the Queen's peace, and becomes a magistrate by virtue of his appointment, having power to cause felons to be apprehended. When in any civil suit exception can be taken to the sheriff for suspicion of partiality, or that he is interested, or of kindred to either plaintiff or defendant, the process must then be awarded to the coroner. His chief duty consists in inquiring, when any person is slain, or dies suddenly, or in prison, concerning the manner of his death. He is bound to intervene wherever the causes of death are doubtful or suspicious, and inquire concerning shipwrecks, and certify whether wreck or not; also as to treasuretrove, who were the finders and where it is; as to the causes of

* Toulmin Smith, 372.

X

fires and similar mischances. The inquisition must be found with the concurrence of at least twelve of the jury, which is ordinarily composed of fifteen or sixteen jurymen. The inquisition must be held super visum corporis, for if the body be not found the coroner cannot sit, except by virtue of a special commission issued for the purpose. The proceedings before the coroner take place usually in open court; if the jury declare that a suspicion of procuring the death attaches to any particular person, the coroner may by special warrant commit him to prison. In such case the verdict acts exactly like a specfied charge, but does not exclude the preferring an indictment before the grand jury. The coroner may also take bail, and, since 22 and 23 Vict. c. 33, even in cases of manslaughter. The coroner is personally responsible and formerly was bound to give security; the concealment of felonies is punishable by fine and imprisonment for a year. In the absence of due property-qualification, the treasurer of the county gives security against any possible money penalties. The coroner may also, on petition of the freeholders, be dismissed by the Lord Chancellor for neglect of office, extortion, or misbehaviour, and also on the ground of age or incapacity.*

The office of coroner is more ancient than that of justice of the peace, and was originally of greater importance. Coroners have, however, to a certain extent been placed under the supervision of justices of the peace, inasmuch as the latter have to revise the fees, and to examine whether a coroner's inquest was called for. The official authority of coroners has thus been greatly curtailed, hence they do not interfere in many cases where their ancient duty required, for the common law directed that whenever any unusual death occurred the coroner should intervene, whether suspicion of a crime attached or not. He is especially bound to hold inquest whenever anyone dies in a workhouse, prison, or hospital. By this means alone, in 1853, certain illegal and violent practices in a Birmingham prison were brought to light. Interference on the part of justices of the peace has gone to such a pass, that on the 17th January, 1857, a coroner's jury in Cheltenham unanimously declared that the control which justices of peace assumed over the exercise of the lawful power of the

* Gneist, i. 32.

+ Toulmin Smith, 375.

Toulmin Smith, 376.

coroner was calculated to diminish protection to the lives of the inhabitants of this country, which the full accomplishment of the duties of the ancient office of coroner affords.* The ministry, also, with a view to restrain the great influence of the coroner, has of late years occasionally recommended ca didates of their own to the electors.†

CHAPTER IV.

THE LORD-LIEUTENANT.

Nomination.-Removal.-Preservation of the Peace.-Militia.

THE military portion of the sheriff's office has, since the time of the Tudors, been transferred to the lord-lieutenant, who is a permanent honorary officer in the county, appointed by the Crown for the managing of the standing militia in the county, and all military matters therein.

Lords-lieutenants are supposed to have been introduced about the reign of Henry VIII. They are mentioned as known officers in the 4 and 5 Philip and Mary, c. 3, though they had not been long in use. Camden speaks of them in the time of Queen Elizabeth as extraordinary magistrates, constituted only in the time of great danger. Others, again, contend that the office of lordlieutenant was first created in the third year of Edward the VI. in consequence of the many disturbances in several counties by the followers of the old religion against the new establishment.*

The lords-lieutenant are appointed by the Queen, under the great seal, those nominated being always actual supporters of the ruling party-government, and are generally of the principal nobility and best interest in the county. They virtually hold office for life; in view of law, however, only during the royal pleasure. Under the Bute ministry three lords-lieutenant, in 1780 two, in 1798 one, in 1819 and 1832 one, were deprived of their office on the ground of opposition to the government, or through mere disfavour. The office being purely honorary the adherents of an opposition have no need to redoubt dismissal. The lord-lieutenant is the chief conservator of peace in the county, and usually keeper of the records (custos rotulorum). In this capacity he preserves all the records of the quarter sessions, and nominates, likewise, the "clerk of the peace."

* 2 Steph. Bl. 593.

+ Muy, Const. Hist. i., 20, 46.

He is chiefly, however, commander of the county militia and armed yeomanry. He appoints, also, as his representative, the deputy-lieutenant, the officers of the militia, and the adjutants, whom he ordinarily takes from among justices of the peace. In his character as military representative of the sovereign he is in permanent connection with the state government.*

*Gneist, ii, 55.