A case of the same kind with those argued by Bishop Gibson arose often in trials for larceny—we mean as to that enactment which fixed the minimum for a capital offence. This case is noticed by the bishop, and juries of late years often took the casuistry into their own hands. They were generally thought to act with no more than a proper humanity to the prisoner; but still people thought such juries incorrect. Whereas, if Bishop Gibson is right, who allows a man to swear positively that he has not £5 a-year, when nominally he has much more, such juries were even technically right. However, this point is now altered by Sir Robert Peel's reforms. But there are other cases, and especially those which arise not between different times but between different places, which will often require the same kind of casuistry as that which is so ably applied by the good and learned bishop.
V. Suicide.—It seems passing strange that the main argument upon which Pagan moralists relied in their unconditional condemnation of suicide, viz. the supposed analogy of our situation in life to that of a sentinel mounting guard, who cannot, without a capital offence, quit his station until called off by his commanding officer, is dismissed with contempt by a Christian moralist, viz. Paley. But a stranger thing still is—that the only man who ever wrote a book in palliation of suicide, should have been not only a Christian—not only an official minister and dignitary of a metropolitan Christian church—but also a scrupulously pious man. We allude, as the reader will suppose, to Dr. Donne, Dean of St. Paul's. His opinion is worthy of consideration. Not that we would willingly diminish, by one hair's weight, the reasons against suicide; but it is never well to rely upon ignorance or inconsideration for the defence of any principle whatever. Donne's notion was, (a notion, however, adopted in his earlier years,) that as we do not instantly pronounce a man a murderer upon hearing that he has killed a fellow-creature, but, according to the circumstances of the case, pronounce his act either murder, or manslaughter, or justifiable homicide; so by parity of reason, suicide is open to distinctions of the same or corresponding kinds; that there may be such a thing as self-homicide not less than self-murder—culpable self-homicide —justifiable self-homicide. Donne called his Essay by the Greek name Biathanatos,[Footnote: This word, however, which occurs nowhere that we remember, except in Lampridius, one of the Augustan historians, is here applied to Heliogabalus; and means, not the act of suicide, but a suicidal person. And possibly Donne, who was a good scholar, may so mean it to be understood in his title-page. Heliogabalus, says Lampridius, had been told by the Syrian priests that he should be Biathanatos, i. e. should commit suicide. He provided, therefore, ropes of purple and of gold intertwisted, that he might hang himself imperatorially. He provided golden swords, that he might run himself through as became Caesar. He had poisons inclosed in jewels, that he might drink his farewell heeltaps, if drink he must, in a princely style. Other modes of august death he had prepared. Unfortunately all were unavailing, for he was murdered and dragged through the common sewers by ropes, without either purple or gold in their base composition. The poor fellow has been sadly abused in history; but, after all, he was a mere boy, and as mad as a March hare.] meaning violent death. But a thing equally strange and a blasphemy almost unaccountable, is the fancy of a Prussian or Saxon baron, who wrote a book to prove that Christ committed suicide, for which he had no other argument than that, in fact, he had surrendered himself unresistingly into the hands of his enemies, and had in a manner caused his own death. This, however, describes the case of every martyr that ever was or can be. It is the very merit and grandeur of the martyr, that he proclaims the truth with his eyes open to the consequences of proclaiming it. Those consequences are connected with the truth, but not by a natural link: the connection is by means of false views, which it is the very business of the martyr to destroy. And, if a man founds my death upon an act which my conscience enjoys, even though I am aware and fully warned that he will found my death upon it, I am not, therefore, guilty of suicide. For, by the supposition, I was obliged to the act in question by the highest of all obligations, viz. moral obligation, which far transcends all physical obligation; so that, whatever excuse attaches to a physical necessity, attaches, a fortiori, to the moral necessity. The case is, therefore, precisely the same as if he had said,—'I will put you to death if the frost benumbs your feet.' The answer is—'I cannot help this effect of frost.' Far less can I help revealing a celestial truth. I have no power, no liberty, to forbear. And, in killing me, he punishes me for a mere necessity of my situation and my knowledge.
It is urged that brutes never commit suicide—except, indeed, the salamander, who has been suspected of loose principles in this point; and we ourselves know a man who constantly affirmed that a horse of his had committed suicide, by violently throwing himself from the summit of a precipice. 'But why,'—as we still asked him—'why should the horse have committed felony on himself? Were oats rising in the market?—or was he in love?—or vexed by politics?—or could a horse, and a young one rising four, be supposed to suffer from taedium vitae?' Meantime, as respects the general question of brute suicides, two points must be regarded,—1st, That brutes are cut off from the vast world of moral and imaginative sufferings entailed upon man; 2dly, That this very immunity presupposes another immunity—
'A cool suspense from pleasure and from pain,'
in the far coarser and less irritable animal organization which must be the basis of an insulated physical sensibility. Brutes can neither suffer from intellectual passions, nor, probably, from very complex derangements of the animal system; so that in them the motives to suicide, the temptations to suicide, are prodigiously diminished. Nor are they ever alive to 'the sublime attractions of the grave.' It is, however, a humiliating reflection, that, if any brutes can feel such aspirations, it must be those which are under the care of man. Doubtless the happiness of brutes is sometimes extended by man; but also, too palpably, their misery.
Why suicide is not noticed in the New Testament is a problem yet open to the profound investigator.
VI. Duelling.—No one case, in the vast volume of casuistry, is so difficult to treat with justice and reasonable adaptation to the spirit of modern times, as this of duelling. For, as to those who reason all upon one side, and never hearken in good faith to objections or difficulties, such people convince nobody but those who were already convinced before they began. At present, (1839,) society has for some years been taking a lurch to one side against duelling: but inevitably a reaction will succeed; for, after all, be it as much opposed as it may to Christianity, duelling performs such important functions in society as now constituted—we mean by the sense of instant personal accountability which it diffuses universally amongst gentlemen, and all who have much sensibility to the point of honor—that, for one life which it takes away as an occasional sacrifice, it saves myriads from outrage and affronts—millions from the anxiety attached to inferior bodily strength. However, it is no part of our present purpose to plead the cause of duelling, though pleaded it must be, more fairly than it ever has been, before any progress will be made in suppressing it.
But the point which we wish to notice at present, is the universal blunder about the Romans and Greeks. They, it is alleged, fought no duels; and occasion is thence taken to make very disadvantageous reflections upon us, the men of this Christian era, who, in defiance of our greater light, do fight duels. Lord Bacon himself is duped by this enormous blunder, and founds upon it a long speech in the Star-Chamber.
Now, in the first place, who does not see that, if the Pagans really were enabled by their religion to master their movements of personal anger and hatred, the inevitable inference will be to the disadvantage of Christianity. It would be a clear case. Christianity and Paganism have been separately tried as means of self-control; Christianity has flagrantly failed; Paganism succeeded universally; not having been found unequal to the task in any one known instance.
But this is not so. A profounder error never existed. No religious influence whatever restrained the Greek or the Roman from fighting a duel. It was purely a civic influence, and it was sustained by this remarkable usage—in itself a standing opprobrium to both Greek and Roman—viz. the unlimited license of tongue allowed to anger in the ancient assemblies and senates. This liberty of foul language operated in two ways: 1st, Being universal, it took away all ground for feeling the words of an antagonist as any personal insult; so he had rarely a motive for a duel. 2dly, the anger was thus less acute; yet, if it were acute, then this Billingsgate resource furnished an instantaneous vehicle for expectorating the wrath. Look, for example, at Cicero's orations against Mark Antony, or Catiline, or against Piso. This last person was a senator of the very highest rank, family, connections; yet, in the course of a few pages, does Cicero, a man of letters, polished to the extreme standard of Rome, address him by the elegant appellations of 'filth,' 'mud,' 'carrion,' (projectum cadaver.) How could Piso have complained? It would have been said-'Oh, there's an end of republican simplicity, if plain speaking is to be put down.' And then it would have been added invidiously—'Better men than ever stood in your shoes have borne worse language. Will you complain of what was tolerated by Africanus, by Paulus Aemilius, by Marius, by Sylla?' Who could reply to that? And why should Piso have even wished to call out his foul-mouthed antagonist? On the contrary, a far more genial revenge awaited him than any sword could have furnished. Pass but an hour, and you will hear Piso speaking—it will then be his turn—every dog has his day; and, though not quite so eloquent as his brilliant enemy, he is yet eloquent enough for the purposes of revenge—he is eloquent enough to call Cicero 'filth,' 'mud,' carrion.'