SUICIDE.

Self-murder is ranked among the higher crimes, being a peculiar species

of felony, as implied in the technical term _felo de se_. To constitute

this offence, the party must be in his senses, else it is no crime; but

this excuse ought not to be strained to that length to which our

coroner’s juries are too apt to carry it,[88] viz. that the very act of

suicide is an evidence of insanity; as if every man who acts contrary to

reason, had no reason at all; for the same argument would prove every

other criminal _non compos_, as well as the self-murderer. The law very

rationally judges, that every melancholy or hypochondriac fit does not

deprive a man of the capacity of discerning right from wrong; and,

therefore, if a real lunatic kills himself in a lucid interval, he is

_felo de se_ as much as another man. 1 _Hales, P. C._ 412. 1 _Hawk. P.

C._ _c._ 27, _s._ 3.

As to the punishment which human laws inflict on this crime, they can

only act upon what the criminal has left behind him,—his reputation and

fortune; on the former, by an ignominious burial in the highway, with a

stake driven through his body; on the latter, by the forfeiture of all

his goods and chattels to the king.

In this as well as all other felonies, the offender must be of the age

of discretion, and _compos mentis_; and therefore an infant killing

himself, under the age of discretion, (of which some extraordinary

instances have lately been related in the public journals) or a lunatic

during his lunacy, cannot be a _felo de se_. 1 _Hawk. P. C._ _c._ 27,

_s._ 1. _Crom._ 30, _a_ 6, 31; _Hales P. C._ 28; _Dalt._ _c._ 92; 3

_Inst._ 54.

He who kills another, though at his own desire or command, is a

murderer;[89] and the person killed is not looked upon as a _felo de

se_, in as much as his assent was merely void, being against the law of

God and man; 1 _Hawk. P. C._ _c._ 27, _s._ 6; _Keilw._ 136; _Moor_ 754.

But query, as he is the guilty cause of his own death, is he not a

felon? for if the question had been of the death of another, his consent

to it would have been equally against the laws of God and man; yet if

poison were given by his direction or command, even though he were not

present, and might have repented, it would be murder, much more then,

when he actually assists at the perpetration.

Further, as to what a _felo de se_ shall forfeit, it seems clear that he

shall forfeit all chattels, real or personal, which he hath in his own

right; and also all chattels real, whereof he is possessed jointly with

his wife, or in her right; and also all bonds and other personal things

in action, belonging solely to himself; and also all personal things in

action, and as some say, entire chattels in possession, to which he was

entitled jointly with another, on any account, except that of

merchandize. But it is said, that he shall forfeit a moiety only of such

joint chattels as may be severed, and nothing at all of what he was

possessed of as executor or administrator; 1 _Hawk. P. C._ _c._ 27, _s._

7, and authorities there. However the blood of a _felo de se_ is not

corrupted, nor his lands of inheritance forfeited, nor his wife barred

of her dower. 1 _Hawk. P. C._ _c._ 27, _s._ 1; _Plowd. Com._ 261 b, 262

a; 1 _Hales, P. C._ 413. The will of a _felo de se_ becomes void as to

his personal property, but not as to his real estate. _Plowd._ 261.

Not any part of the personal estate is vested in the king, before the

self-murder is found by some inquisition; and consequently the

forfeiture thereof is saved by a pardon of the offence before such

finding; 5 _Co. R._ 110 b; 3 _Inst._ 54; 1 _Saund._ 362; 1 _Sid._ 150,

162. But if there be no such pardon, the whole is forfeited immediately

after such inquisition, from the time of the act done, by which the

death was caused; and all intermediate alienations and titles are

avoided. _Plowd. Comm._ 260; _Hales P. C._ 29; 5 _Co. R._ 110; _Finch._

216. All such inquisitions ought to be by the coroner _super visum

corporis_, if the body can be found; and an inquisition so taken cannot,

as some say, be traversed. _Hale, P. C._ 29; 3 _Inst._ 55; 1 _Hawk. P.

C._ _c._ 27, _s._ 9, 10, 11. But see also 3 _Mod._ 238, 1 _Burr._ 17.

But if the body cannot be found, so that the coroner, who has authority

only _super visum corporis_, (vide ante. p. 93), cannot proceed, the

inquiry may be by Justices of the Peace, (who by their commissions have

a general power to inquire of all felonies,) or in the King’s Bench, if

the felony were committed in the county where the court sits; and such

inquisitions are traversable by the executor, &c. 1 _Hawk. P. C._ _c._

27, _s._ 12; 3 _Inst._ 55; _Hales P. C._ 29; 2 _Lev._ 141.

Also all inquisitions of this offence being in the nature of

indictments, ought particularly and certainly to set forth the

circumstances of the fact; and in conclusion add, that the party in such

manner murdered himself. 1 _Hawk. P. C._ _c._ 27, _s._ 13; 3 _Lev._ 140;

3 _Mod._ 100; 2 _Lev._ 152. Yet if it be full in substance, the coroner

may be served with a rule to amend a defect in form. 1 _Sid._ 225, 259;

3 _Mod._ 101; 1 _Keb._ 907; 1 _Hawk. P. C._ _c._ 27, _s._ 15.

If a person is unduly found _felo de se_; or on the other hand found to

be a lunatic, when in fact he was not so, and therefore ought to have

been found _felo de se_; although a writ of _melius inquirendum_ will

not be granted, yet the inquisition is traversable in the King’s Bench.

3 _Mod._ 238.

By the rubrick in the Common Prayer, before the burial office,

(confirmed by _Statute_ 13 and 14, _Car._ 2, _c._ 4) persons who have

laid violent hands on themselves shall not have that office used at

their interment. Yet the priest has no power of enquiry, or even as it

would appear of delay, in order to enquiry, when a body (though it be of

a notorious suicide) is brought to his church for interment. “The proper

judges, whether persons who died by their own hands were out of their

senses” (and a fortiori whether they did or not die by their own hands)

“are doubtless the coroner’s jury. The minister of the parish hath no

authority to be present at viewing the body, or to summon or examine

witnesses, and therefore he is neither entitled nor able to judge in the

affair; but may well acquiesce in the public determination, without

making any private enquiry. Indeed, were he to make one, the opinion

which he might form from thence could usually be grounded only on common

discourse, and bare assertion. And it cannot be justifiable to act upon

these in contradiction to the decision of a jury, after hearing

witnesses upon oath. And though there may be reason to suppose that the

coroner’s jury are frequently favourable in their judgment in

consideration of the circumstances of the deceased’s family with respect

to the forfeiture, and their verdict is[90] in its own nature

traversable, yet the burial may not be delayed,[91] until that matter on

trial shall finally be determined. But on acquittal of the crime of

self-murder by the coroner’s jury, the body in that case not being

demanded by the law, it seemeth that a clergyman may and ought” (we can

safely add is compellable) “to admit that body to christian burial.” 1

_Burn’s Ecc. Law_, _tit. Burial_.

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