A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

CORONER.

Coroner, is an antient Officer of trust, and of* 1.1 great authority, ordained to be a principall confer vator or keeper of the peace, to bear record of the Pleas of the Crown. Although by the Law, the Coroner cannot enquire of any felony; but the death of a man; yet it hath been said, that in N••••∣than••••erland they enquire of all felonies; but this authority they maintain by prescription. If a man be killed or drowned in the arms or creeks of the Sea, where a man may see Land from the one part to the other, the Coroner shall enquire thereof, and not the Admirall, because the Countrey there∣of may well have knowledg.

The empannelling of the inquest, and the view of the body, and the giving of the Verdict, is* 1.2 commonly in the street in an open place, and in corona populi, but this name rather cometh, be∣cause the death of every subject by violence is ac∣counted to touch the Crown of the Prince, and to be a detriment unto it. The Prince accounting that his strength, power, and Crown doth con∣sist in the force of his people, and the maintenance of them in security and peace.

If a Coroner be minus idoneus ad officium illud exequendum, this is a good cause to remove him, for he ought to be the Coroner qui melius scia•• & possit officium illud intendere.

He must have two Properties, viz. sufficient Know∣ledg▪ Ability and diligence in execution of his Office.

Sir Edward Cook in his second part of his Instit. c. 10. saith he should have five Q••a••••∣ics.

• ••1. He should be Probus homo.
• 2. Legalis homo.
• 3. Of sufficient understanding and knowledg.
• 4. Of good ability and power to execute his Of∣fice according to his knowledg.
• 5. Diligent in the execution of his Office, See more there.

Coroners remain conservators of the Peace▪ within the County where they are Coroners, not∣withstanding the Kings death, for they are made by the Kings writ, and not by Commission, as Ju∣stices are, whose authority is determined by the death of the King, for by the Commission he* 1.3 maketh them Iusticiarios suos, so that he being once dead, they are no more his Justices.

The Statute giveth the Coroner thirteen Shil∣lings and four pence for taking inquisition super visum corporis.

Notes

• * 1.1

  His Name is derived à Corona, because he is an Offi∣cer of the Crown, and hath ••••nusance of some Pleas, which are called Pla∣cita Co∣ronae. Cooks 2 part of Instit. c. 17. See more there. He is s•• called, because he deals principally with Pleas of the Crown, o•• matters concerning the Crown. Cooks 4 part of Instit. c. 59. T. of Law.
• * 1.2

  Smiths Common∣wealth of England▪ c. 24
• * 1.3

  Daltons Iust. of P.