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.
OF MURDER GENERALLY.
There are so many various modes by which this infamous and horrid crime may be perpetrated, that it would be an almost endless task to enumerate them. In a legal point of view it is scarcely necessary; for wherever death ensues from illegal violence[[92]], with malice prepense, it is felony; yet for the better aid of medical investigation it is expedient to class them under several heads.
Sir Matthew Hale, in his pleas of the Crown, vol. 2, p. 431, enumerates several ways of killing.
1. By exposing a sick or weak person or infant unto the cold, to the intent to destroy him, 2 Ed. 3, 189, whereof he dieth.