Magna Carta: A Commentary on the Great Charter of King John
(3): The coroners.
20th Century William Sharp McKechnie EnglishThe coroners of each county, after their institution in 1194, seem to have shared with the sheriff most of the powers of which the latter had previously enjoyed a monopoly. They were appointed by the whole body of freeholders assembled in the county court, and the nature of their duties is explained by the oath of office sworn in the same words for many centuries, “ad custodienda ea quae pertinent ad coronam.” Their duty was to guard royal interests generally; and their “keeping” of royal pleas was merely one aspect of this wider function. Besides “attaching” those suspected of crimes—that is, receiving formal accusations and taking such sureties as might be necessary, it was their duty to make preliminary investigations; to examine the size and nature of the victim’s wounds in a charge of mayhem; and to keep a watchful eye on royal windfalls, including deodands, wrecks, and treasure–trove. They had also to appraise the value of chattels forfeited to the King. When felons took refuge in sanctuary, it was the coroner who arranged for their leaving the country on forfeiting all that they had. They kept a record of those who had been outlawed, and received “appeals” of criminal charges.
Magna Carta forbade the coroner to determine pleas of the Crown; but, even after 1215, he sometimes did justice upon felons caught red–handed. An act of Edward I. accurately defined his duties, empowering him to attach pleas of the Crown and to present criminals for trial, but forbidding him to proceed further alone.
The coroner’s functions, originally so wide and varied, have been gradually narrowed down, until at the present day the duty usually associated with his office is the holding of inquests on dead bodies where there are suspicious circumstances. He is still responsible for treasure–trove and he is also competent to act as the sheriff’s substitute in case of illness or absence during the year of office.