ADDITIONAL READING

Date: 2015-10-07; view: 569.

CROWNER: Origins of the Office of Coroner

The office of Coroner is a uniquely English institution, though perhaps 'Norman' might be more accurate in the sense in which we know it today. Scotland, of course, never had coroners. They remained independent of England for a long time and their system of law is more akin to that found on the Continent. Wales inherited the English Coroners after the Edwardian Conquest of 1282. Before this, the Welsh had their own system of law dating from about the 9th century. Ireland also acquired them, since Norman administration had been imposed there from 1170. In later times, England exported her Coroner system all over the World: to almost everywhere coloured red in the Victorian atlas. Where Coroners still survive, they indicate a legacy of British rule, whether it be Kenya, Hong Kong, Australia or parts of the United States.

Unlike the Continent, where medico-legal autopsies were held in Bologna as early as the 13th Century, the English Coroner had no help from doctors until relatively recent times. It was not until 1836 that he was allowed to pay a medical witness a fee. Before this, the Coroner had to do the best he could by himself: looking at the body to detect any sign of violence and to determine the number and type of wounds present. Once the Coroner had viewed the body, he then held the inquest, just as he does today in certain classes of death. In medieval times, this may have been done on the spot, with the body present before him, or it may have been adjourned for a few days. Originally the inquest was a massive affair, as the jury had to consist of all the males over twelve years from the four nearest townships, together with additional men from the Hundred. It would, no doubt, have caused a bit of a problem in the Fulham Road (London) or other highly populous areas! The inquest must have disrupted life for a whole day over a wide area, as all the working men and tradespeople had to down tools and come put in an appearance. Originally the law insisted that the whole male population attend, but the Provisions of Westminister of 1259 decreed that only "sufficient" people need be present. This was contradicted by the Statute of Marlborough, eight years later, which again required that all males over twelve must attend. At a later date, towns were allowed to send representatives only: usually twelve or twenty-four men.

The medieval jury was, of course, quite different from that which we know today. Nowadays it is essential that the jurors have no previous knowledge of the case. By contrast, in medieval times, they were potential witnesses as well as a jury. This was why the total population of the surrounding four towns were enrolled, as well as some of the country folk: so there was a good chance that someone had useful information. The men of the different townships often returned different verdicts, and the Hundred men also had a free say. The Coroner does not seem to have been too bothered about conflicting verdicts - his main concern was to write it all down for "presentment" at the next Eyre.

Due to the difficulties of gathering everyone together, inquests were soon abandoned at the locus of death and were instead held at a pre-arranged venue, usually the village square, the marketplace or the courthouse. The body still had to be presented before the assembly, unless arrangements had been made for all the jurors to inspect it beforehand. In an inquest held in 1961 in South Wales the skeleton of a woman murdered forty years earlier was still laid on a table in the well of the court, so the practice by no means died out in the Middle Ages - at least, not in Wales.