BURIAL

(See Cemetery , Dead .) Christians in the first centuries used to bury their dead in the places used also by the heathen, in caves or vaults by the wayside, or in fields out of their cities. The heathen used to burn the bodies of the dead, and collect the ashes in urns, but Christians thought it to be a barbarity and insult to destroy a body appointed to a glorious resurrection. They therefore restored the older and better practice of laying the remains decently in the earth. Their persecutors, knowing their feelings on this subject, often endeavoured to prevent them from burying their dead, by burning the bodies of their martyrs, as they did that of Polycarp, bishop of Smyrna; or by throwing their ashes into rivers, as they did those of the martyrs of Lyons and Vienne in France, A. D. 177. And although the heathen seemed to think it unlucky and of evil omen to perform their funerals by day, carrying out their dead after night-fall, and by torch-light; the Christians used to follow their deceased friends to the grave, in the light of the sun, with a large attendance of people walking in proce ion, sometimes carrying candles in token of joy and thanksgiving, and chanting psalms. It was also the custom, before they went to the grave, to a emble in the church, where the body was laid, and a funeral sermon was sometimes preached. The holy communion was administered on these occasions to the friends of the deceased, for which a service, with an appropriate Collect, Epistle, and Gospel, was set forth in our own Church in the First Book of King Edward VI., and in the reign of Queen Elizabeth, A. D. 1560. The office for the Burial of the Dead used by the English Church corresponds in all respects with the offices of the primitive Church, particularly as regards the psalms, the anthem, “Man that is born of a woman,” ., and the portions of Scripture appointed to be read. No person can be buried in the church, or in any part of it, without the consent of the incumbent, to whom alone the common law has given this privilege, because the soil and freehold of the church is in the parson only. But upon the like ground of freehold, the common law has one exception to the nece ity of the leave of the parson, namely, where a burying-place within the church is prescribed for as belonging to a manor house. By the common law of England, any person may be buried in the churchyard of the parish where he dies, without paying anything for breaking the soil, unle a fee is payable by prescription, or immemorial usage. But ordinarily a person may not be buried in the churchyard of another parish than that wherein he died, at least without the consent of the parishioners or churchwardens, whose parochial right of burial is invaded thereby, and perhaps also of the incumbent whose soil is broken; but where a person dies on his journey or otherwise, out of the parish, or where there is a family vault or burial-place in the church, or chancel, or aisle of such other parish, it may be otherwise. Burial cannot be legally refused to dead bodies on account of debt, even although the debtor was confined in prison at the time of his death. By canon 68. “No minister shall refuse or delay to bury any corpse that is brought to the church or churchyard, (convenient warning being given him thereof before,) in such manner and form as is prescribed in the Book of Common Prayer. And if he shall refuse so to do, except the party deceased were denounced excommunicated major i excommunicatione , for some grievous and notorious crime, (and no man able to testify of his repentance,) he shall be suspended by the bishop of the diocese from his ministry by the space of three months.” But by the rubric before the office for Burial of the Dead, the said office likewise shall not be used for any that die unbaptized, or that have laid violent hands upon themselves. The proper judges, whether persons who died by their own hands were out of their senses, are doubtle the coroner’s jury. The minister of the parish has no authority to be present at viewing the body, or to summon or examine witne es. 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 inquiry. Indeed, were he to make one, the opinion which he might form from thence could usually be grounded only on common discourse and bare a ertion. It cannot be justifiable to act upon these in contradiction to the decision of a jury after hearing witne es upon oath. Even though there may be reason to suppose that the coroner’s jury are frequently too favourable in their judgment, in consideration of the circumstances of the family of the deceased with respect to the forfeiture, and their verdict is in its own nature traversable, yet the burial may not be delayed until that matter upon trial shall finally be determined. 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 seems that the clergyman may and ought to admit that body to Christian burial. The rubric directs that the priests and clerks meeting the corpse at the entrance of the churchyard, and going before it either into the church or towards the grave, shall say or sing as is there appointed. By which it seems to be discretionary in the minister, whether the corpse shall be carried into the church or not. And there may be good reason for not bringing it into the church, especially in cases of infection. Canon 67. After the party’s death there shall be rung no more than one short peal, and one before the burial, and one other after the burial. The corpse that is buried belongs to no one, but is subject to ecclesiastical cognizance, if abused or removed; and a corpse, once buried, cannot be taken up or removed without licence from the ordinary, if it is to be buried in another place, or the like; but in the case of a violent death the coroner may take up the body for his inspection, if it is interred before he comes to view it.— Dr. Burn. With reference to the Order for the Burial of the Dead in the Book of Common Prayer, we must note that the ignorance and corruption of the latter centuries had not vitiated any of the sacred administrations more than this of burial; on which the fancies of purgatory and prayers for the dead had so great an influence, that most of the forms now extant consist of little else but impertinent and usele petitions for the dead. Our Protestant reformers therefore, remembering St. Augustine’s rule, that all this office is designed rather for the comfort of the living, than the benefit of the dead, have justly rejected these superstitions; and contrived this present form wholly for the instruction, admonition, and comfort of the attendants on this solemnity, and therein have reduced this matter to its prime intention and use. It is not easy to tell exactly what the primitive form of burial was; but the psalms were a principal part of it, as all the fathers testify. They are now also a chief part of this office, and the rest is generally taken out of Holy Scripture, being such places as are most proper to the occasion, so as to form altogether a most pious and practical office.— Dean Comber. Although all persons are for decency to be put under ground, yet that some are not capable of Christian burial appears not only from the canons of the ancient Church, but also from the following rubric prefixed to our office at the last review: “Here it is to be noted, that the office ensuing is not to be used for any that die unbaptized, or excommunicate, or have laid violent hands upon themselves.” The persons capable of Christian burial are only those within the pale of the Church, for the rubric excludes all others from this privilege; which is agreeable to the sense of all nations, who have generally thought fit to punish some kinds of malefactors with the want of these rites after their death, as well to afflict the criminal, while he lives, with apprehensions of the disgrace to be done to his body, which is naturally dear to all men; as to perpetuate the odium of the crime, while the corpse is exposed to public scorn after the offender hath parted with his life. Thus murderers were punished among the Romans: and among the Greeks, robbers of temples and sacrilegious persons, as also those that betrayed their country, with divers other notorious transgre ors. But none have been so justly and so universally deprived of that natural right, which all men seem to have in a grave, as those who break that great law of nature, the law of self-preservation, by laying violent hands upon themselves. Among the Jews, these were forbidden to be buried, and among the ancient Romans also. And when many of the Milesian virgins made themselves away, the rest were restrained from so vile a crime by a decree, that whosoever so died, she should not be buried, but her naked body should be exposed to the common view. And, to confirm the equity of these customs, we find the Christian councils, as well abroad as at home, have forbidden the clergy to bury those that killed themselves; as doth also our present rubric in imitation of those ancient constitutions. And for very great reason, namely, to terrify all from committing so detestable and desperate a sin, as is the wilful destroying of God’s image, the casting away of their own souls, as well as their opportunities of repentance: the Church hereby declaring, that she hath little hopes of their salvation, who die in an act of the greatest wickedne , which they can never repent of after it be committed. To these are to be added all that die under the sentence of excommunication, who in the primitive times were denied Christian burial also, with the intent of bringing the excommunicated to seek their absolution and the Church’s peace for their soul’s health, ere they leave this world; and, if not, of declaring them cut off from the body of Christ , and by this mark of infamy distinguishing them from obedient and regular Christians. This office is also denied to infants not yet admitted into the Church by baptism; not so much to punish the infants, who have done no crime, as the parents, by whose neglect this too often happens. And perhaps this external and sensible kind of punishment may move them to be more careful to accomplish the office in due time, than higher and more spiritual considerations will do. Not that the Church determines anything concerning the future state of those that depart before they are admitted to baptism; but since they have not been received within the pale of the Church, we cannot properly use an office at their funeral, which all along supposes the person that is buried to have died in her communion. Whether this office is to be used over such as have been baptized by the di enters or sectaries, who have no regular commi ion for the administering of the sacraments, has been a subject of dispute; people generally determining on one side, or the other, according to their different sentiments of the validity or invalidity of such disputed baptisms.— Wheatly. All other persons that die in the communion of the visible Church are capable of these rites of Christian burial, according to the rules and practice both of the primitive and the present ages.— Dean Comber. Though this rubric was not drawn up till 1661, and none of the regulations which it enjoins, excepting only what relates to persons excommunicate, was before that time specified in any of our articles, or ecclesiastical constitutions, yet it must not be considered as a new law, but merely as explanatory of the ancient canon law, and of the previous usage in England.— Shepherd. The Order for the Burial of the Dead is much modified from the service in the First Book of King Edward VI. The psalms were the 116th, 139th, and 146th: the prayers were in many respects different; and there are certain pa ages omitted in the Second Book. The psalms in the First Book were omitted in the subsequent revisals, and the le on was recited after the anthem, “I heard a voice from heaven:” and the present psalms were not inserted till the last Review. At solemn funerals it has not been unusual to combine the Burial Service with the office of Evening Prayer, substituting the psalms and le ons for those of the day; but the regularity of this usage is questionable.— Jebb.