Early 1800s suicide

[embancestors]

Is it true that anyone committing suicide in 1826 in England could not have been buried in a church cemetry, that there would be no death registered in parish records, and that all their estate if any would be forfieted to the Crown? Is it possible to trace such a death other than through newspaper archives?

[Merry]

Welcome to the forum :)

I think the 19thC burial etc of suicide victims is a pretty grey area as it's clear many who probably committed suicide were found at inquest to be not of sound mind and therefore the act was not classed as suicide or 'felo de se'. If this was the outcome of the inquest then there would be no issue with burial or the family etc inheriting the estate. Of course there would also be people who were not of sound mind, but would be found guilty of taking heir own lives. I'm certain the result at the inquest would be based as much on 'who you were' as on your actual mental state before death.


The Burial of Suicide Act 1823 allowed the burial of suicides in the churchyard, but at night only and without Christian ceremony. I would imagine (but don't know) the chances of these burials appearing in the burial register would probably be hit and miss, depending on the character of the vicar.

Wikipedia also states "Until 1822, in fact, the possessions of somebody who committed suicide could even be forfeited to the Crown.", but I have not found which law abolished this rule.

[Merry]

Also fro Wikipedia:

"In the seventeenth and eighteenth centuries in England, as suicides came to be seen more and more as an act of temporary insanity, many coroner's juries began declaring more suicide victims as non compos mentis rather than felo de se. This meant that the perpetrator's property was not forfeited to the crown and the family could inherit the property. MacDonald and Murphy write that "By the 1710s and 1720s, over 90 per cent of all suicides were judged insane, and after a period of more rigorous enforcement of the law, non compos mentis became in the last three decades of the century the only suicide verdict that Norwich Coroners returned. ...Non compos mentis had become the usual verdict in cases of suicide by the last third of the century."

I realise this refers to an earlier period, but I think it's safe to assume the situation would have continued similarly into the 19thC.

[Merry]

Wikipedia also states "Until 1822, in fact, the possessions of somebody who committed suicide could even be forfeited to the Crown.", but I have not found which law abolished this rule.

This book: 'Poisoned Lives: English Poisoners and Their Victims' by Katherine D. Watson, states:

Forfeiture of the goods and chattels of suicides continued until 1870. It was the coroner who ensured that these were correctly valued and the monies paid.

I presume this is the act (Wikipedia):

The Forfeiture Act 1870 (c. 23) is a British Act of Parliament that abolished the automatic forfeiture of goods and land as a punishment for treason and felony. It does not apply to Scotland.

[embancestors]

Hi Merry, thanks so much for all that info. i did see a newspaper notice (1826) about a death which sounded very likely to be an ancestor of mine, same name, location and occupation but no follow up inquest notice and I can't find a death registration or will, though I'm sure there should have been a Will of some sort.
I shall keep digging :-)

[Merry]

Would you like us to see if we can find anything, if you give the details you have?

You wouldn't find a death registration for 1826 as this was only introduced in 1837 in England and Wales.

[Merry]

i did see a newspaper notice (1826) about a death which sounded very likely to be an ancestor of mine, same name, location and occupation but no follow up inquest notice and I can't find a death registration or will, though I'm sure there should have been a Will of some sort.
I shall keep digging :-)

If the newspaper notice was something likely to have been entered by the family you have to ask yourself whether they would have done this if the death was a suicide? I think it's unlikely.

[Phoenix]

And, you only make wills:

- usually at the very last minute
- if inheritance laws don't fit your purpose.

For some reason, there seem to be far fewer wills in the early 1800s than earlier periods. A lot of courts were moribund. This was possibly the effect of death duties. If the estate had to pay tax on certain legacies, you might ensure you found a way round this - eg leaving everything to a widow, who would subsequently make gifts to friends.