Suicide: Its History, Literature, Jurisprudence, Causation, and PreventionWestcott, W. Wynn (William Wynn)
Philosophy
Suicide: Its History, Literature, Jurisprudence, Causation, and Prevention
Westcott, W. Wynn (William Wynn)
Suicide
To avoid a verdict of felo-de-se, it should be shown by the evidence
that the deceased had not arrived at years of discretion, or else was
suffering from unsoundness of mind; in the adult the consent of the
will to a self-inflicted action should not be denied until disproved.
The argument by which jurors are supposed to be influenced, viz., that
no one in his senses would commit that which is the very negation of a
law of nature is, in fact, an aggravation of the offence. If tenable
it would excuse every criminal from blame, and would apply the more
powerfully in proportion to the intensity of the crime.
To murder a mother, or a daughter, is as much repugnant to a sensible
man, as to murder himself; but if none but lunatics could commit such
crimes, no one would be culpable at all.
And, therefore, by the law of our land, if a lunatic even murder
himself in a lucid interval, he is felo-de-se, as much as any man, and
if he murder another man in a lucid interval he is as much a murderer
as any other man. See 1 Hawkins, P.C., cap. ix., ss. 2 and 3.
At the present time, the absence of a sound mind in cases of self
murder, is the constant presumption of jurymen, who by avoiding a
verdict of felo-de-se, commit an amiable perjury, to save, as they
say, the reputation of the deceased among his survivors.
Now at one time the English law prescribed for the suicide an
inglorious burial in the highway, with a stake driven through the body;
and the vicarious punishment of his friends by the forfeiture of his
goods and chattels to the Crown.
No definite legal authority can be given for this form of burial;
Blackstone does not mention it.
It was abolished in 1823 by 4 George IV., c. 52; by this statute no
Coroner should issue a warrant for the burial of a suicide in any
highway, but it was enacted that the corpse should be buried privately
in any churchyard or burying ground between 9 and 12 at night without
any religious rites.
This enactment has been further amended by Acts 43 and 44 Victoria c.
41, and 45 and 46 Victoria, c. 19 (1882), which provide that the body
of a suicide may be buried either silently, or with any such orderly,
or Christian religious service at the grave, as the person in charge of
the body thinks fit, or I would add, can procure.
There is of course no clause compelling any minister of religion to
perform any definite burial service.
But I have no doubt that in such cases there would be no difficulty
in finding some clergyman to use forms of prayer at the grave, which
would be satisfactory to the relatives. The law was formerly evaded
as follows: if it seemed likely that a verdict of felo-de-se would be
found, the inquiry was adjourned, and in the meantime the body was
buried under a warrant from the Coroner.
In the time of the legal author Bracton (1260), a person committing
suicide to avoid conviction for a felony, forfeited his lands and
goods; other suicides forfeited their goods only.
Public-domain text, read in full here on John Shaqi.
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