It appears that the Roman laws respecting suicide were of a fiscal
nature. They viewed the act not as a crime abstractedly, but considered
how far the circumstance affected the state or treasury. In some
portion of the Roman empire the magistrate had the power of granting
or refusing permission to commit suicide. If the decision was given
against the applicant, and he persisted in sacrificing his life,
disgrace and ignominy were heaped upon his body, and it was buried in
the most humiliating manner. The tenour of the law relating to suicide
laid down in “Justinian’s Digests” is to the following effect:—“Those
who, being actually accused, or who being caught in any crime, and
dreading a prosecution, made way with themselves, were to have their
effects confiscated. But this confiscation was no punishment of
suicide, _as a crime in itself_, being then only to take place when the
crime committed incurred the confiscation of property, and when the
person accused of it would have been found guilty. For which reason
the heirs-at-law were permitted (if they thought proper) to try the
cause as though the accused person, who had put a period to his life,
had been still living; and if his innocence could be proved, they were
still entitled to his effects. But if any one killed himself, either
through weariness of life, or an impatience under pain or ill health,
for a load of private debt, or for any other reason not affecting the
state or public treasury, the property of the deceased flowed in its
natural channel. In the case of an attempted but incomplete suicide,
where a man was under no accusation, a distinction was made as to the
causes impelling to it, before the question as to its punishment was
to be determined. If it proceeded not from weariness of life, or an
impatience under the pressure of some calamity, the attempter was to
suffer the same punishment as if he had effected his purpose; and for
this reason, because he who without reason spared not his own life,
would not be likely to spare another man’s.”[12]
If a prisoner committed suicide, the jailor authorized to protect him
was punished very severely. The Roman law made a distinction between
soldiers and civilians. If a soldier attempted to take away his life,
and it could not be proved that he was suffering at the time from great
grief, misfortune, madness, &c., it was deemed a capital offence, and
death was the punishment. And even in cases where it was established
that the act was the result of mental perturbation, he was dismissed
from the service with ignominy and disgrace.
Public-domain text, read in full here on John Shaqi.
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