CROWNER: The Medieval Coroner's Duties
Prof. Bernard Knight, CBE
Now,
the prime function of the medieval
Coroner was to service the Royal Courts
of Law, the General Eyre, which
circulated slowly around the kingdom.
This body took so long to return to each
county that, unless careful records were
kept, many cases never came to trial and
much potential revenue was lost to the
Crown. The Eyre took an average of seven
years - and often far longer - to
complete a circuit. It's arrival within a
community was one of the greatest affairs
in medieval England, as the Eyre examined
every detail of life since its last
visit, as well as actual crimes. In those
days the whole community was punished if
the Judges felt that they had not behaved
as they should. Large fines, called
"amercements", were levied on
both individuals and boroughs or hundreds
if they failed in any way to conform to
the complex and tortuous pattern of legal
procedure. The longsuffering peasants
came to look upon this as an inevitable
form of taxation, rather than a penalty,
much as today we stoically accept the
Inland Revenue. Unless good records were
kept and some means found to enforce the
appearance of witnesses and parties at
trial, the King would lose much potential
revenue. The grossly extortionate system
of amercements could not be employed to
the best advantage if old cases had been
forgotten. At the London Eyre of 1321,
for instance, a ward jury was expected to
recall all the crimes that had been
committed during the past 44 years since
the court had last visited! The Coroner
became the key figure in collecting these
records (the actual fines were imposed by
the Justices in Eyre). He did this by
ensuring that he was present at a whole
range of events where property and goods
might be forfeit and where sureties, a
kind of bail guarantee called
"attachments", could be levied,
as well as the "amercements" or
fines. There was a wide spectrum of legal
cases where the Coroner had this
opportunity to act as a tax collector.
Historically, his most important role, as
it is the only one to survive until
today, was his central position in the
investigation of sudden death. In some
areas (and surviving records include
Northumberland, Newcastle, Chester and
Flint), the Coroner was also originally
concerned with crimes such as burglary,
rape and theft, as he held juridiction
over all "felons". A felon was
a criminal guilty of a capital offence,
which, in those days, included any
homicide or the theft of an article worth
at least twelve pence (one shilling).
The
Coroner had a multitude of other
responsibilities which we will look at in
a moment. In fact, though the records are
very incomplete, it seems that, where
requested, especially by Royal Warrant,
he could become involved in any aspect of
the highly complicated legal procedures
of medieval England.
One
of the problems of researching the office
of the medieval Coroner is that its
founding charter, the Article of Eyre, is
so short, stating only that the Coroner
was to "keep the pleas of the
Crown". However, in the century that
followed, three notable writers of law
books, Bracton, Britton and Fleta,
published accounts of Coroners' duties
which were far more expansive than this
original mandate. One of these was held
in such authority that it eventually
became a statute, the 1278 "Officium
Coronatis" issued by King Edward I.
Some of the functions it describes have
been dismissed by modern historians; but
it seems certain that, during the late
12th and early 13th centuries, at least
some of these more exotic duties were
indeed being carried out by Coroners.
The
most important task was, of course, the
investigation of sudden deaths for it
held great potential for filling the
Royal coffers. Not only murder and
manslaughter came to the notice of the
"Crowner" but accidental and
natural death, as well as suicides:
though, in fact, these latter were rather
rare in the Middle Ages. He was not
particularly concerned about discovering
the culprit in a homicide - that was
usually patently obvious, because the
miscreant usually confessed, sought
sanctuary or, more often, ran away to
avoid an almost certain hanging. The
coroner was, however, concerned to record
everything on his Rolls, so that no
witnesses, neighbours, property or
chattels escaped the eagle eyes of the
Justices in Eyre. There was a rigid
procedure enforced at every unexpected
death, any deviation from the rules being
heavily fined. The rules were so complex
that probably most cases showed some
slip-up, with consequent financial
penalty to someone. It was common
practice either to ignore a dead body or
even to hide it clandestinely. Some
people would even drag a corpse by night
to another village or hundred, so that
they would not be burdened with the
problem. Even where no guilt lay, to be
involved in a death, even a sudden
natural one, caused endless trouble and
usually financial loss. Whoever
discovered a body was deemed the
"first finder", though in fact
he was often the last finder, as the
original discoverers may well have
smartly decided to disappear in the
opposite direction. This unhappy fellow
would have to raise "the
hue-and-cry": the initiation of a
hunt for the killer, whether real or
imagined. This involved calling on the
four nearest households to join the
chase. Their involvement naturally also
made them liable to fines if they did
anything wrong. If the first finder
failed to do this, he was amerced when
the case came up before the Eyre. Next,
the Bailiff of the Hundred had to be
summoned and he, or one of the locals,
had to notify the Coroner without delay.
Failure
to inform the Coroner was a serious
offence and the hundred or township would
suffer heavily for it. The locals were
responsible for guarding the body until
the coroner arrived, which could
sometimes be some days later. In
Devonshire, in the 13th century for
instance, a hedge was built around a
corpse to keep the dogs away while the
village waited eight days for the Coroner
to arrive. Sometimes, he would be so long
in arriving that the locals would bury
the deceased in order to hide the stench
of putrefaction. Failure to preserve the
body for the Coroner to view was illegal
and, upon his arrival, the Royal official
would immediately have it exhumed. The
names of the offenders would, of course,
be recorded on his Roll. Coroners used
every deviation from the rules to impose
more fines for the King. In 1256,
amercements of up to a mark (which was
quite a lot of money) were imposed on
villages for "the burying of
stinking bodies before the arrival of the
Coroner". In Sussex between 1255 and
1262, there were twenty-five cases of
burial before the arrival of the Coroner
- and these were only a fraction of the
true number. For instance, the village of
Peasmarsh was fined, at the 1248, Eyre
for burying a body in a field without
informing the authorities. The first
finder had raised the hue-and-cry, but
the Goldspur Hundred all clubbed together
and bribed their two bailiffs, with forty
shillings, not to call the Coroner! And,
of course, the Coroner's obligation to
inspect the corpse continued right up
until 1980, when this duty was, at last,
abolished.
Part 1: The Origins
of the Office of Coroner
Part 3:
The Coroner's Inquest
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