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716 Journal of the Royal Society of Medicine Volume 86 December 1993

The Crowner's quest

Paul Knapman MRCS DMJ HM Coroner, Westminster Coroner's Court,


Horseferry Road, London SWiP 2ED, UK

Keywords: history; coroners

Introduction inform a higher authority of a death of a person whilst Paper read


The English are proud of their historical traditions. in custody. There were later editions of this book, with to Section of
Those who walk through the door at the Royal Society a printed post-mortem form promulgated in 1304 with the History
of Medicine see portraits; we at the RSM are proud the diagrammatic representation of a person in the of Medicine,
of our historical heritage, and indeed members of the anatomical position, front and back, with instructions 2 December 1992
History of Medicine Section of the RSM particularly of what was to be filled in. (Professor Bernard Knight
share that love of our heritage. has a copy of this post-mortem report form of 1304
The Office of Coroner is one of the oldest known to in China.)
English Law. It is likely there was evidence of a
Coroner as early as the reign of King Alfred the Great The Articles of Eyre and Magna Carta
(871-910). Conventionally, the institution of the Office By article 20 of the Articles of Eyre (1194), there was
is dated from the publication of the Articles of Eyre provision for the election by every county of three
1194 (an eyre was a periodical circuit of Justices). knights and one clerk as 'keepers of the pleas of the
So next year it will be 800 years since the formal- Crown' or Custos Placitorum Coronas. The reference
ization of the Office of Coroner. to the Crown, Coronas, is the reason for the word
Coroner or Crowner.
Chinese The coroner had to be resident in the county or
The Chinese were there first! Professor Bernard (later) the borough for which he was elected. His other
Knight of Cardiff has done some researches which qualification was his wealth. The fact that he was
show that in 1975 in a tomb in Yunmeng in China, required to be a knight with considerable financial
bamboo slips were found dating from the period resources was probably seen as a form of insurance
475-221 BC. These were instructions to judges on against the possibility of misbehaviour - in the event
how to detect bruises, wounds and general post- of which his lands or possessions could be confiscated.
mortem changes. The county coroner took his oath of office before the
In the Tang and Song Dynasties, which date from sheriff and his tenure was for life and during good
618 AD there is clear evidence of the existence of behaviour. He would, however, lose his post auto-
what we would call coroners in China. These were the matically if he was elected to the office of sheriff or
equivalent of judicial officers or magistrates and there verderer. The office of coroner was unpaid. It was an
was in existence a rigid routine for investigating office of considerable power, and one suspects some of
deaths. A death in custody in China in that period the money collected might have stuck to his fingers
was taken seriously, paradoxically at a time judicial on the way to the King.
torture was common. Autopsies, in the present sense, It is important to realize that throughout the mediaeval
by a doctor were not introduced in China until 1913! period the coroner was concerned mainly with the
The Magisterial Officials (or coroners) in the period furtherance of the King's financial interest. Judicial
mentioned, well over 1000 years previously, would functions were of a secondary and, sometimes, only
stand within a regulation number of paces from the incidental importance - and interest in medical causes
corpse, whilst a lowly assistant (a combination of of death was virtually non-existent! During this
porter, technician and undertaker) would carry out period, the whole of the judicial system was motivated
a form of examination. So in the seventh century AD, primarily by the prospect of securing revenue for the
when a death occurred, this official (i.e. coroner) had Crown and, sometimes, for the judges. Criminals paid
to respond within 4 h together with assistants and six heavily for their crimes, not only through loss of life
bowmen (i.e. guards). He had to interrogate witnesses, or privileges but also financially. Moreover, proven
arrest suspects, etc. Subsequently a post-mortem criminals were not alone in suffering financial
report was made in triplicate and one was given to burdens at the hands of the mediaeval judiciary. The
the relatives. preservation of law and order was the responsibility
A man called Sung T'Su wrote a practical manual of the whole population. Consequently, the fact that
which still exists, dating from 1247. There are trans- a crime had been committed, implied that the men
lations published in French up to 1910 and recently of the neighbourhood had failed in their duty. The
in English in 1981. It is a book of 130 pages to guide judicial authorities were therefore concerned, not only
officials through a complicated set of rules. Much is with bringing criminals to justice, but also with
on hanging - to take careful note of the neck mark disciplining erring townships. Punishment meted out
and its relation to the larynx. Page after page of to towns and neighbourhoods adjudged guilty of
instructions exist. Page 126 refers to a melancholic failing in their duty took the form of heavy fines called
face if it is a suicide (but that is not terribly reliable!). 'amercements'. King Richard I (the Lionheart), of
Page 145 advises that the official should directly course, required this money for his crusades.
Journal of the Royal Society of Medicine Volume 86 December 1993 717

The precise duties of the mediaeval coroner as From 1194, for well over 100 years and probably 200
'Keeper of the King's Pleas' at the time when the years, the coroner was a very important official in
office was created, have never been authoritatively mediaeval England. He was probably more feared
established. The Articles of 1194 and the earliest than even the sheriff of the county, one can reflect
borough charters stated simply that coroners were to from Robin Hood how feared was the sheriff. In those
'keep' (ie to record) pleas and other matters pertaining days of rigid observance of laws there were various
to the Crown. Not until the second half of the 'incidents' (so called) associated with death.
thirteenth century, when a respected writer called
Bracton wrote his treatise De Legibus Angliae, was Murdrum
there any attempt at a comprehensive definition of King Richard I came from the Norman line of kings
a coroner's duties. From Bracton and from the other established in 1066. He was keen to keep the deaths
writers who followed him it is possible to identify of Normans by murder or other unnatural means to
among a number of separate duties the holding of an absolute minimum. There was instituted the
inquests on dead bodies. 'Murdrum fine' to be levied from the whole community
As the Keeper of the King's Pleas, the coroner had in the 'hundred' where the Norman had been killed.
no authority to act as a judge by trying pleas. The murdrum fine was only levied when a Norman
Nevertheless, it appears that the coroner did often try died. Anglo Saxons could die with relative impunity!
criminal pleas, for in 1215 it was deemed necessary The fine had to be paid unless it could be shown the
to include a provision in Magna Carta to the effect slain person was not a Norman but an Anglo Saxon,
that 'no sheriff, constable, coroner or other of our or Englishman. There was an elaborate procedure
bailiffs, shall hold pleas of our Crown'. Despite Magna called the 'Presentment of Englishry' (or in Wales,
Carta, coroners continued to act as judges in criminal Welshry) whereby witnesses would attest and demon-
cases, and often conducted jury trials in ordinary civil strate the dead man was in fact not a Norman at all,
pleas, sometimes in association with a sheriff. and so no murdrum fine had to be levied.
The imposition of this heavy fine in cases of
The mediaeval procedures accidental death, even in sudden deaths of a kind
Most coroners' inquests were held on homicides and which we vaguely term 'natural' deaths, was bound
deaths by misadventure but, from the earliest times, to be resented. Mounting discontent with this
a coroner was also expected to make inquiries when extortionate exaction came to a head with the severe
death was sudden or unexpected, when a body was winter of 1257-1258, which was accompanied by a
found in the open and the cause of death was unknown, famine exceptional even by mediaeval standards.
and when a death occurred in prison. Anyone who Between 15-20 000 people are believed to have died
found the body of a person whose death was thought in London alone, and peasants flocked to the towns
to be sudden or unnatural was obliged to raise the in the hope of finding food. Matters were made worse
'hue and cry' and to notify the coroner. In many areas by speculators buying up the cargo of a relief corn fleet
the procedure was for the person who discovered the sent from the Continent. Large numbers of peasants
body -'the first finder' to inform the 'four nearest died by the roadside with the result that the murdrum
neighbours' who would notify the bailiff of the was constantly inflicted as it was generally impossible
hundred (ie area of a district council), whose duty it to prove Englishry. A writ issued to the sheriffs of the
then was to summon the coroner. Before holding an eastern counties stated that 'many poor men die of
inquest, the coroner had to view the body and he hunger in the fields, and for a long time their bodies
therefore attended the scene of death immediately remain unburied: and no one dares to bury them
he was summoned. Speed was important if he was before the coroners have viewed them, nor can the
to have any chance of apprehending a suspect. It could coroners cope with the cases and view them all'. It
also help to ensure the preservation of the Crown's concluded with the notice that in the case of such
financial rights, which might be lost if the body was deaths, the bodies could be viewed by the 'lawful men'
buried or removed. Great importance was attached of the neighbouring townships, and buried, provided
to the coroner's view of the body and it was the no wound had been found and there was no suspicion
responsibility of the neighbourhood or township in of felony. The deaths, however, still had to be enrolled
which it was found to see that it was not interfered in the coroners' rolls. Simultaneously, the barons
with before his arrival. Failure to summon the coroner complained that, because it was impossible to prove
or intentional removal or burial of a body might lead Englishry in these cases, the districts were amerced
to the amercement of the community at the next Eyre. for murdrum by the justices. The following year in
Inquests were always held with juries, which were 1258 the Provisions of Westminster enacted the
usually summoned by the bailiff of the hundred acting murdrum would in future be imposed only in cases
on the instructions of the coroner. Originally the jury of felonious killing, a concession which was re-
consisted of representatives of four or more neigh- affirmed after the general pacification by the Statute
bouring townships but in the last quarter of the of Marlborough (1267).
thirteenth century they were usually joined by 12 The restriction of the 'lex murdrorum' to felonious
freemen representing the hundred. As they were killing in the mid-thirteenth century detracted
familiar with the area in which the body was found considerably from the importance of the inquest on
and often with the circumstances surrounding death, sudden death. In mediaeval England it must be
jurors also acted as witnesses at the coroner's remembered there was insistence on rigid adherence
proceedings. to the proper procedure in the law. The extent to
It was usual for the jurors to go to the scene and which these rules were ingrained in the mind of the
to view the body with the coroner to see if there was mediaeval community is well illustrated by a case
any evidence of wounding and to decide whether which occurred 700 years ago at Bury St Edmund's
death had occurred where the corpse was discovered in 1293. There had been two sudden deaths, one of
or elsewhere. a boy aged 12 who had been drowned, the other of a
718 Journal of the Royal Society of Medicine Volume 86 December 1993

man who had been crushed to death when a heavy confederates to a battle - he would be allowed to abjure
weight supporting a lamp which he was lighting in the realm or would be sentenced to life imprisonment.
the local church had fallen on him. The coroner could If he were unsuccessful, the original sentence of
not be found since he was away on holiday, as also hanging would be carried out. Turning approver was
was the steward, who might have found a solution. a popular practice throughout the thirteenth century,
There was no method of getting a coroner to hold an if only to put off the time of execution, and approvers'
inquest, and the sheriff could not interfere without duels were by no means uncommon. However, when it
special orders because the death had taken place in came to the point, many approvers refused to confess,
a liberty. Eventually the relatives ofthe deceased had or to prosecute their appeals. Of course, battle, or
to beg a remedy from the abbot, as they dared not bury ordeal (red hot irons) was a common way of settling
the bodies without a view by the coroner, and the disputes according to law. Our adversarial system of
whole neighbourhood was beginning to suffer from law comes from the idea of battle.
the stench.
Deodand
Abjuration of the realm Another valuable incident of sudden death was the
In mediaeval England there were two types of deodand. This was an object, animate or inanimate,
sanctuary for people on the run. Some abbeys and which was held to have the most proximate causal
minsters had sanctuary for a league surrounding the connection with a violent death, whether accidental
building, but every consecrated monastery or church or felonious in character. This object, which might be
could give sanctuary for 40 days. The majority who a boat, a knife, a horse, a cart, or almost any other
sought sanctuary were robbers or murderers. Some object, was forfeit. The first official mention of the
official (perhaps the bailiff) would organize the deodand seems to have been in 1184, though it was
guarding of such felons. The coroner was summoned almost certainly in existence before this date. During
if the felon said he wished to abjure the realm. the mediaeval period it often happened that the crown
Practice varied but often the whole township was would renounce its right to the deodand in favour
summoned to witness the abjuration and the spectacle of the deceased's dependants or some charitable
was popular. When the coroner arrived he gave the organization such as a religious institution. The
felon the choice of either surrendering to the law or increasingly popular custom of granting to individuals
abjuring the realm. The ceremony took place at the the right to receive certain 'incidents' of sudden death
gate or stile of the churchyard. The felon would including the deodand, led to the local lord of the
confess his guilt, and take the oath of abjuration, franchise at a later date claiming the deodand for
swearing on the Gospels to leave the realm of England himself in many cases! (a development which led to
and never return, except with the King's consent, and coroners' juries undervaluing the deodand). In some
to comply with the conditions of the coroner (to hasten cases the lord would procure himself to be appointed
to the port, not leave the highway, not stay anywhere foreman of the coroner's jury, thereby ensuring a
for more than 1 night, at the port to seek passage favourable valuation of the deodand!
across the sea delaying only one tide if possible, and With the introduction of mechanized transport in
if not, to walk into the sea daily as a token of his desire the early nineteenth century, there took place a
to cross it, and if unsuccessful after 40 days to take remarkable revival in the economic importance of the
sanctuary again!). The abjuror was given a map by deodand, and ships, railway engines and carriages
the coroner indicating his route and originally had were assessed as deodands at sums running into
to wear sackcloth, although later fairly normal clothes thousands of pounds! Even at this late stage it was
were allowed (except head and feet uncovered). He had possible to rationalize the continued existence of this
to carry a wooden cross in his hand. Clothing and the curious relic of the mediaeval period, and the
cross had to be provided by the township. The map Registrar General in his annual report in 1841 stated:
indicated the port to which he had to go, and practice
varied whether the coroner actually assigned the port The principle of the deodand too, is full of wisdom, as it
or allowed suggestions to be made. In one case the recognises the fact that accidental death may be indirectly
abjuror asked for a port in Scotland, and the coroner caused, and by inflicting fines on the owners of dangerous
assigned him Dover! Apparently, regularly abjurors animals, machinery, and other property, exercises a
from Yorkshire were sent to Dover! substantial check upon responsible parties.
Of course, many would-be abjurors changed their
minds and decided to wait the 40 days hoping to The overlong preservation of these obsolete incidents
escape. Many broke the conditions and merely left the of mediaeval law was capable of giving rise to
road when nobody was looking. Many were killed mischief. For example, there was a sale by auction
along the road, presumably by the relatives of those of the 'Hundred Court of Wirral' in 1820, together
they had offended. If they broke the conditions they with a number of ancient rights. The new owner
were invariably hanged, if they were caught. entered upon a scandalous career of exploitation,
invoking fines and amercements in the Hundred
Approver Court. He went to town with treasure trove, wrecks,
The coroner was also indispensable to the process the goods of felons, deodands and royal fish; this
of turning approver, the mediaeval equivalent of culminated in the abolition of that Court by Act of
turning King's evidence. The convicted felon might Parliament in 1856!
save his life by turning approver and challenging or
appealing a certain number of his confederates. First Treasure
of all he had to make a full confession, and for The problem is always that the truth of which
this purpose he was assigned a coroner; if he was official did what in mediaeval England, is far from
successful in prosecuting the required number of clear. It probably varied throughout the country
appeals - and this invariably meant challenging his anyway. Opinions of various historians also differ
Journal of the Royal Society of Medicine Volume 86 December 1993 719

about coroners. There is a statute of 1276 Officium The Tudor and Stuart periods
Coronatoris which refers to the duty of the coroner The original role of the keeper of the peace was to
to hold inquests into wrecks, royal fish and treasure assist in the maintenance of order. However, his
trove. Royal fish were, of course, whale and sturgeon peace-keeping duties were soon extended and he was
and if they were found, presumably the King would given power to arrest and make inquiries into felonies.
have standing arrangements for these to be given to He then became known as the Justice of the Peace
a local Baron. and, as such, had power to 'hold' as well as 'keep' the
It is still the law that treasure trove must be Crown pleas. He encroached more and more upon the
reported to the coroner. The definition has three coroner's jurisdiction, sometimes acting with him, and
ingredients. First, it must be made of gold or silver, at other times in his place. By the end of the fifteenth
and manufactured. Secondly, it must have been century the justices had reached a position where they
deliberately concealed by the owner with a view to had control over coroners and jurisdiction over their
later recovery. Thirdly, the present heirs or successors misdeeds.
to any owner must be unknown. Thus, a coroner who By 1500 almost the sole remaining function per-
is informed of possible treasure trove within his area formed by the coroner was the holding of inquests into
must enquire into the matter. He will summon a jury violent death, but even these no longer had the same
and hold an inquest. An inquisition will be drawn up importance as in the thirteenth century. With his
which will determine where the object was found, standing so diminished, it became increasingly
what precisely constitutes the find, whether it was difficult to persuade the coroner to carry out his duties
intentionally hidden, whether the owner is known, conscientiously.
and who was the finder. Despite the efforts of the Justices of the Peace, crime
A usual example will be a small boy straying onto a continued to flourish in England and a great number
farmer's field with his metal detector in East Anglia. of murderers in particular must have gone unpunished.
He finds a hoard of gold coins. Eventually they will be In 1487 Parliament passed an Act which served both
reported to the coroner. If it appears they date from as an inducement to the coroner to carry out his duties
the Civil War, the jury will have to determine whether diligently, and as a deterrent against his not doing
a soldier, before a battle, buried them under the old so. He was to receive a fee of 13s 4d for every inquest
oak tree intending to return (and was killed in the held 'upon the view of the body slain', but if he failed
battle) or were they dropped or abandoned. If they to do so, he would be fined the sum of 100s. The fee
were hidden, they are treasure trove and belong to the was to be paid out of the chattels of the convicted
Crown (or the Duchy of Lancaster or Cornwall). The felon, or out of the amercement imposed on the
Crown, however, has long been embarrassed by this township, if the felon had been allowed to escape.
and will normally restore them to the finder. If they
were abandoned, they belong to the farmer on whose Seventeenth and eighteenth century
land they were found. However, where they are of There was not much change for the next 200 years
considerable archaeological importance, the Crown or so. In the late seventeenth century and early
may insist they go, for example, to the British eighteenth century emigration from England occurred
Museum. The little boy will then get the value of the to the New World. Just as emigrants took with them
objects as assessed by a special panel. the office of sheriff so too did they adopt the office of
coroner in a rudimentary form.
So much for the coroner in the mediaeval period when In England it was not until 1751 that action was
he was at the height of his powers. During the taken to improve the status of the office of coroner,
fourteenth and fifteenth centuries, a number of which had continued to exist in a moribund state. It
changes were made in the country's legal system was acknowledged that the remuneration provided by
which seriously affected the position of the coroner. the Act of 1487 was inadequate reward for the general
The general Eyre, which had never been popular, fell tasks expected of a coroner and an Act of 1751
gradually into disuse, and had virtually disappeared increased this by providing that he should receive a
by 1300: its end made an important contribution to fee of 20s and travelling expenses of 9d per mile - in
the decline in the status of the office of coroner. The respect of all inquests 'duly held' (9d per mile is almost
link between the coroner and the central law courts equivalent to 5p). Instead of providing a basis for a
which had been an important reason for creating the reformed coroner's service, the 1751 Act caused a
office, was severed. The use of the general Eyre to series of disputes between the coroners and the
collect forfeitures to the King (held by the coroner) judicial authorities which were to continue for more
had never been a profitable exercise, and once it than 100 years. The arguments arose because of
ceased it was never adequately replaced. Moreover, differences of opinion as to what constituted a 'duly
the decline of the Eyre coincided with the rise to held' inquest.
prominence of two new local officials, the escheator The eighteenth century justices on the whole took
and the keeper of the peace, each of whom began to the view that the coroner was never intended to
assume some of the duties which had once been inquire into sudden deaths unless there was manifest
performed by the coroner. evidence of violence, whilst the coroners contended
that their jurisdiction was to include all sudden and
Escheator and Keeper of the Peace unexplained deaths. The old problem, the Justices of
The escheator was an official who made sure lands the Peace putting in their oar!
reverted to the Crown (or the local Lord) whenever The places where inquests were held have varied
possible. Whilst the escheator and the justices of the over the years. It would be common to hold the inquest
peace had been busily taking over the coroner's duties in a building known to everybody, and this would be
another serious blow was dealt to his status by the a public house or inn.
abolition of the murdrum fine in 1340. With it was Later (1853) Charles Dickens in Bleak House
lost a further incentive to hold inquests. (Chapter 2. Our Dear Brother) writes:
720 Journal of the Royal Society of Medicine Volume 86 December 1993

The Sol's arms 1st floor where the Harmonic meetings take natural, reasonable suspicion of criminality existed.
place twice a week. . . After 1860 the number of inquests rose sharply, but it
The Coroner frequents more public houses than any man was not until 27 years later that the recommendations
alive . . . The smell of sawdust, beer, tobacco smoke and of the select committee were implemented in the
spirits is inseperable in his vocation from death in its most Coroners Act of 1887.
awful shapes.
Our legislators still required the coroner to view Coroners Act 1887
every body before inquest until 1980. Moreover, the The 1887 Act was a watershed in the development
Lord Chancellor who has the power to make rules, of the office of coroner. In consolidating the law
has made Statutory Instrument, the Coroners Rules relating to coroners, which remains the statutory
1984. Rule 11 (1) provides that no post-mortem shall basis of the law today, the Act confirmed that the
be made in a dwelling house or on licensed premises! emphasis was no longer to be on protecting the
financial interests of the Crown, but rather on
The nineteenth century providing a service for the investigation of both the
In the nineteenth century, two Acts of Parliament cause of, and the circumstances surrounding, deaths
passed in 1836 provide evidence of growing concern. (for the eventual benefit of the community as a whole).
The first was the Birth and Deaths Registration Act By the end of the century coroners were being
which provided for the registration of every death notified of about 60000 deaths a year -a figure
occurring in England and Wales, and which placed representing about 10% of all deaths in England and
Wales at that time. In almost a third of these cases,
certain specific duties on coroners as well as on other however, no inquests were held. The coroner still
persons in some way connected with a death. had no power to order an autopsy unless he held an
The second piece of legislation in 1836 was an Act inquest.
to provide for the Attendance and Remuneration of
Medical Witnesses at Coroner's Inquests. The Act The twentieth century
gave the coroner a specific power to order a medical Finally in 1926 an Act was passed which meant it was
practitioner to attend an inquest and to perform an possible for a coroner to arrange for an autopsy in
autopsy if he were not satisfied that the cause of death order to dispense with holding an inquest. Today
had been established. The inquest jury was empowered about 80% of cases do not have an inquest even
to require the coroner to secure the attendance of though they are reported to a coroner. They are
any medical practitioner if a majority of them were natural deaths.
dissatisfied with the evidence as to the cause of death There has been a consolidating act namely Coroners
submitted by the original medical witness. The fees Act 1988. Whereas the Report of the Committee on
of the medical witnesses were to be paid from the Death Certification and Coroners (the Broderick
funds collected for the relief of the poor. The effect Committee) of 1971, recommended that medical
of the Registration Act was to cause many more cases practitioners should not be coroners, this has not been
of sudden death to be reported to coroners, and enacted. A coroner may still be a 'medical practitioner
because of the other Act passed in that year, the of not less than five years standing in his profession'.
accuracy of the medical information supplied to Although it has been thought for some time the tide
registrars was also improved. was going out for purely medically qualified coroners,
In 1837 an Act was passed to provide that coroners there have been a few recent appointments.
should be entitled by law to claim all reasonable Today the coroner must hold an inquest into all
expenses for inquests, and not simply fees for medical those who die an unnatural death. It must be held
witnesses. The expenses were to be met from the in public. The relatives must be allowed to ask
county rate or, in the towns, from the borough fund. questions. In England no unusual or violent death is
However, it was not until 1860, when the County ignored. In Nazi Germany before the war, bodies
Coroners Act was passed to provide that county were ignored by the authorities. In Argentina, no
coroners should be paid by salary rather than by fee, inquiry was held into those who disappeared. In
that they achieved a degree of independence.
Almost as important as the passing of the 1860 Act England every case of unnatural death has to come
was the Report of a Parliamentary select committee before the courts!
on coroners in the same year. It recommended that
Thus we have a picture of an official who now, 800
a coroner's jurisdiction to hold the inquest should years later, still takes an oath to serve his Monarch
in the office of Coroner (or should it be Crowner!).
embrace every case of violent or unnatural death,
sudden death where the cause was unknown and any
death where, although the death was apparently (Accepted 23 March 1993)

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