Christian burial denied to some sorts of persons. THOUGH all persons are, for decency, and some other of the reasons that have been mentioned above, to be put under ground; yet it appears by the rubric, (which was prefixed to this office at the last review,) as well as by the canons of the ancient Church, that some are not capable of Christian burial. Here it is to be noted, that the office ensuing is not to be used for any that die unbaptized or excommunieate, or have laid violent hands upon themselves.
I. As, first, to such as die unbaptized. The prohibiting the Burial-office to be used for any of these, is exactly agreeable to the ancient practice of the Church. For, first, in relation to such as die unbaptized, the first Council of Bracara, which was held A.D. 563, determines, that there should be no oblations or commemorations made for them, neither should the office of singing be used at their funerals. Not that the Church determines any thing 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.
§. 2. Whether persons baptized by the dissenters are here excluded. Whether this office is to be used over such as have been baptized by the dissenters or sectaries, who have no regular commission 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. But I think that for determining the question before us, there is no occasion to enter into the merits of that cause: for whether the baptisms among the dissenters be valid or not, I do not apprehend that it lies upon us to take notice of any baptisms, except they are to be proved by the registers of the Church. Unless therefore we ourselves betray our own rights, by registering spurious among the genuine baptisms, persons baptized among the dissenters can have no just claim to the use of this office. For the rubric expressly declares, that it is not to be used for any that die unbaptized: but all persons are supposed to die unbaptized, but those whose baptisms the registers own: and therefore the registers not owning dissenting baptisms, those that die with such baptisms must be supposed to die unbaptized. But indeed the best way to put an end to this controversy, is to desire those that have separate places of worship, to have separate places for burial too; or at least to be content to put their dead into the ground, without requiring the prayers of a Minister, whose assistance in every thing hut in this and marriage they neglect and despise.
II. Secondly, to such as die excommunicate. The next persons, to whom the Church here denies the office of burial, are those that die excommunicate: i.e. those who die excommunicated with the greater excommunication, as it is expressed by the sixty-eighth canon. And to such as these Christian burial has ever been denied by the Catholic Church. The intent of which penalty is to bring the excommunicate to seek the absolution and peace of the Church, for the health of his soul, before he leaves the world; and if not, to declare him cut off from the body of Christ, and by this mark of infamy to distinguish him from an obedient and regular Christian.
§. 2. Whether an ipso facto excommunication seclude a man from Christian burial, before sentence is pronounced. The learned Mr. Johnson is of opinion, that persons notoriously guilty of any of those crimes, for which excommunication ipso facto is decreed against them by the canons of our Church, are really excommunicated, though they be not particularly by name published or declared to be so; and that therefore a Minister may refuse to bury them, if they die in this condition, and no one be able to testify of their repentance. To confirm which, he observes from the canonists, that it is a sufficient denunciation, if it come to the knowledge of the person excommunicated: so that the Curate, who has taken care that his parishioners who are guilty of those crimes be made sensible that they are excommunicated by canon, seems to be under no obligation to bury them when they are dead. And yet this learned gentleman observes just before, that the judges have declared that excommunication takes no effect as to the common law, till it be denounced by the Ordinary and Curate of the place where the offender lives. He also refers to Lyndwood, to shew, that if the fact be not notorious or evident beyond exception, then it must be proved, and the sentence passed in the ecclesiastical court, before the criminal be taken for excommunicated in foro Ecclesiæ. Now certainly before he be taken for excommunicated he is not to be denied Christian burial, which is treating him as excommunicated. It is true, Mr. Johnson is here speaking of a case where the fact is not notorious; but then he goes on to prove from the same author, that though the fact be notorious, yet the offender must be publicly declared excommunicated, before it can be criminal for other persons to converse with him. From whence I would infer, that so long as he is allowed the conversation of Christians, he may also be indulged with a Christian burial. But he further observes from the same place in Lyndwood, that when the fact is notorious, the Curate of the parish may denounce the excommunication, without any special order from his superior. If so, then nobody, I suppose, will deny, that, when the Curate has denounced it, he is to be refused the use of this office of burial by the injunction of the canon, and the rubric before us. But the greatest difficulty is in what he asserts in the following paragraph, viz. That the offender is to be deemed excommunicate, before such publication is made; which he founds upon supposition, that if it were otherwise, there would be no difference between Constitutio Sententtiæ latæ, and Constitutio Sententiæ ferendæ. But, with submission to this gentleman, I can conceive a difference between these constitutions, without deeming an offender excommunicate before publication is made. For Constitutio Sententiæ latæ may signify, that the criminal, as soon as ever he is convicted and found guilty of the crime alleged against him, incurs the penalty inflicted by the canon, without any further sentence pronounced, than a declaration that he actually is and has even under the censure of the said canon: whereas Constitutio Sententiæ ferendæ may require not only that the criminal should be convicted, but also that after his conviction the sentence should be pronounced solemnly and in form, notwithstanding the canon may expressly declare what the punishment shall be. And this I take to be the sense in which Lyndwood and other lawyers understand it, whom certainly we must allow to be the best judges in the case. And this will explain what Mr. Johnson observes the canonists say, viz. that Excommunicatio ipso facto is Excommunicatio facta nulla ministerio hominis interveniente; that an ipso facto excommunication is an excommunication that takes effect without the intervention of any man’s ministry. For whenever a canon says, that a criminal is ipso facto excommunicated, the excommunication takes place as soon as he is tried, and found guilty of the crime, without any one’s pronouncing any other sentence upon him, than that, by virtue of his crime, he is, and has been excommunicated by the canon; and that not only from the time that he is proved convict, hut from the very time that he committed the fault: insomuch that all the advantages, penalties, and forfeitures that may be taken and demanded of a person excommunicated, may be taken and demanded of such a person quite hack to the time when he committed the fact, for which he is now declared excommunicate. But still, though a criminal becomes liable to this censure from the very instant he commits the crime; yet he cannot legally be proceeded against, nor treated as excommunicate, before he is actually convicted and declared so to be. It is true the canonists suppose that a man may and ought to shun the company of one, whom he knows to have incurred excommunication; but private conversation is what any one may withhold from whomsoever he pleases, and what therefore a man ought to withhold from such a one as he knows, or believes, he is able to convict of having incurred a greater penalty. But this does not affect the question between Mr. Johnson and me. The question between us is about denying a man the sacraments and public offices of the Church, which the canonists assert every man may claim, till it appears legally that he has forfeited his right to them. And therefore (which is the principal point here concerned) no man can be refused Christian burial, however subject he may have rendered himself to an ipso facto excommunication, unless he has been formally tried and convicted, and actually pronounced and declared excommunicate, and no man is able to testify of his repentance. By this clause in the canon, indeed, one would be apt to imagine, that if any were able to testify of his repentance, the man has a right to Christian burial, though his sentence was not reversed: and to some such testimonies perhaps it might be owing, that since the Reformation, as well as before, commissions have been granted not only to bury persons who died excommunicate, but in some cases to absolve them, in order to Christian burial. But the rubric speaks indefinitely of all that die excommunicate, and so seems to include all whose sentence was not reversed in their lifetime, without supposing any benefit to be obtained by an absolution afterwards.
III. Thirdly, to such as lay violent hands upon themselves. The last persons mentioned in the rubric we are discoursing of, are such as have laid violent hands upon themselves; to whom all Christian Churches, as well as our own, have ever denied the use of this office. And indeed 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 this great law of nature, the law of self-preservation. Such as these were forbid both by Jews and Heathens to be put under ground, that their naked bodies might lie exposed to public view. And the indignity which (if I mistake not) our own laws enjoin to the bodies of those that murder themselves, viz. that they shall be buried in the high-way, and have a stake drove through them, though it is something more modest, yet is not less severe.
§. 2. Whether a person that kills himself, being non compos mentis, be excluded by this rubric. This indignity indeed is to be only offered to those who lay violent hands on themselves, whilst they are of sound sense and mind: for they who are deprived of reason or understanding cannot contract any guilt, and therefore it would be unreasonable to inflict upon them any penalty. But then it may be questioned, whether even these are not exempted from having this office said over them; since neither the rubric nor our old ecclesiastical laws make any exception in favour of those who may kill themselves in distraction, and since the office is in several parts of it improper for such a case. As to the coroner’s warrant, I take that to be no more than a certificate that the body is not demanded by the law, and that therefore the relations may dispose of it as they please. For I cannot apprehend that the coroner is to determine the sense of a rubric, or to prescribe to the Minister when Christian burial is to be used. The scandalous practice of them and their inquests, notwithstanding the strictness of their oath, in almost constantly returning every one they sit upon to be non compos mentis, (though the very circumstances of their murdering themselves are frequently a proof of the soundness of their senses,) sufficiently shew how much their verdict is to be depended on. It is not very difficult indeed to account for this: we need only to be informed, that if a man be found felo de se, all he was possessed of devolves to the king, to be disposed of by the lord almoner, according to his discretion: and no fee being allowed out of this to the coroner, it is no wonder that the verdict is generally for the heirs, from whom a gratuity is seldom wanting. They plead indeed, that it is hard to give away the subsistence of a family: but these gentlemen should remember, that they are not sworn to be charitable, but to be just; that their business is to inquire, not what is convenient and proper to be done with that which is forfeited, but how the person came by his death; whether by another or himself; if by himself, whether he was felo de se, or non compos mentis. As the coroner indeed summons whom he pleases on the jury, and then delivers to them what charge he pleases, it is easy enough for him to influence their judgments, and to instil a general supposition, that a self-murderer must needs be mad, since no one would kill himself, unless he were out of his senses. But the jury should consider, that if the case were so, it would be to no purpose for the law to appoint so formal an inquiry. For, according to this supposition, such inquiry must be vain and impertinent, since the fact itself would be evidence sufficient. It is true indeed, there may be a moral madness, i.e. a misapplication of the understanding, in all self-murderers: but this sort of madness does not come under the cognizance of a jury; the question with them being, not whether the understanding was misapplied, but whether there was any understanding at all. In short, the best rule for a jury to guide themselves by in such a case, is to judge whether the signs of madness, that are now pretended, would avail to acquit the same person of murdering another man: if not, there is no reason why they should be urged as a plea for acquitting him of murdering himself. But this is a little wide from my subject: however, it may be of use to shew, what little heed is to be given to a coroner’s warrant, and that there is no reason, because a coroner prostitutes his oath, that the clergy should be so complaisant as to prostitute their office.
A peal to be rung before the Burial. BEFORE the burial a short peal is to be rung, to give the relations and neighbours notice of the time, and to call them to pay their last attendance to their deceased friend.
§. 2. The time for funerals. The time generally appointed for this is late in the evening, from whence the bearers had the name of vespillones. And as death is a sleep, and the grave a resting-place, the night is not improper for these solemnities. The primitive Christians indeed, by reason of their persecutions, were obliged to bury their dead in the night; but when afterwards they were delivered from these apprehensions, they voluntarily retained their old custom; only making use of lighted torches, (which we still continue,) as well, I suppose, for convenience, as to express their hope of the departed’s being gone into the regions of light.
§. 3. The manner of the procession. The friends and relations being assembled together, the body is brought forth, and in some places is still, as anciently it was every where, laid upon the shoulders of some of the most intimate friends of the deceased: though there have generally been some particular bearers appointed for this office, who were called by the Greeks Κοπιῶντες, or Κοπιαταὶ, and vespillones by the Latins, for the reasons before named. The body being in a readiness, and moving towards the church, the chief mourners first, and then all the company follow it in order, intimating that all of them must shortly follow their deceased friend in the same path of death.
§. 4. Rosemary, why given at funerals. But to express their hopes that their friend is not lost for ever, each person in the company usually bears in his hand a sprig of rosemary: a custom which seems to have taken its rise from a practice among the heathens, of a quite different import. For they having no thoughts of a future resurrection, but believing that the bodies of those that were dead would for ever lie in the grave, made use of cypress at their funerals, which is a tree that being once cut never revives, but dies away. But Christians, on the other side, having better hopes, and knowing that this very body of their friend, which they are nowgoing solemnly to commit to the grave, shall one day rise again, and be reunited to his soul, instead of cypress, distribute rosemary to the company, which (being always green, and flourishing the more for being cropt, and of which a sprig only being set in the ground will sprout up immediately, and branch into a tree) is more proper to express this confidence and trust; a custom not unlike that practised by the Jews, who, as they went with a corpse to the grave, plucked up every one a handful of grass, to denote that their brother was but so cropt off, and should again spring up in his proper season.
§. 5. The Priest and Clerks to meet the corpse at the entrance of the churchyard. The corpse having been brought in this manner or procession to the entrance of the churchyard, or to the church-stile, (as it was expressed in king Edward’s first book,) the Priest in his surplice, and the Clerks, of whom I have spoken before, are ordered by the rubric there to meet it; so that the attendance of the Minister at the house of the deceased, and his accompanying it all the way from thence, is a mere voluntary respect, which he is at liberty to pay or refuse as he pleases. For, as it was expressed in the Injunctions of king Edward VI, Forasmuch as Priests be public Ministers of the Churchy and upon the holy-days ought to apply themselves to the common administration of the whole parish; they are not bound to go to women lying in child-bed, except in time of dangerous sickness, and not to fetch any corpse before it be brought to the churchyard, And so by our present canons, the corpse must be brought to the church or churchyard, and convenient warning too must be given the Minister beforehand, or else there is no penalty lies upon him for either delaying or refusing to bury it.
§. 6. And to go before it to the church or grave. But the corpse being capable of Christian burial, and having been brought in due form, and after due notice given, to the entrance of the churchyard: there the Minister must meet it, and, as the present rubric further directs, go before it either into the church or towards the grave; i.e. (if I rightly understand the words) if the corpse be to be buried within the church, he shall go directly thither; but if in the churchyard, he may first go to the grave: for now, according to the general custom, every one is at liberty to be buried in which he pleases.
In what places the dead were used to be buried. And indeed all nations whatsoever, Jews, Heathens, and Christians, have ever had solemn places set apart for this use; but in permitting their dead to be buried either in or near their places of worship, the Christians differ from both the former. For the Jews being forbid to touch or come near any dead body, and it being declared that they who did so were defiled, had always their sepulchres without the city: and from them it is probable the Greeks and Romans derived, not only the notion of being polluted by a dead corpse, but the law also of burying without the walls. For this reason the Christians, so long as the law was in force throughout the Roman empire, were obliged, in compliance with it, to bury their dead without the gates of the city: a custom which prevailed here in England till about the middle of the eighth century, when archbishop Cuthbert of Canterbury obtained a dispensation from the pope for making churchyards within the walls. However, that the Christians did not do this out of any belief that the body of a dead Christian defiled the place or persons near it, may be inferred from their consecrating their old places of burial into places of divine worship, and by building their churches, as soon as they had liberty, over some or other of the martyrs’ graves. After churches were built, indeed, they suffered no body to be buried in them; but had distinct places contiguous to them appropriated to this use, which, from the metaphor of sleep, by which death in Scripture is often described, were called κοιμητήρια, i.e. cemeteries, or sleeping-places. The first that we read of, as buried any where else, was Constantine the Great, to whom it was indulged, as a singular honour, to be buried in the church-porch. Nor were any of the Eastern emperors, for several centuries afterwards, admitted to be buried any nearer to the church; for several canons had been made against allowing of this to any person, of what dignity soever: and even in our own Church we find, that in the end of the seventh century, an archbishop of Canterbury had not been buried within the church, hut that the porch was full with six of his predecessors that had been buried there before. By a canon made in king Edgar’s reign, about the middle of the tenth century, “no man was allowed to be buried in the church, unless it were known that he had so pleased God in his lifetime, as to be worthy of such a burying-place;” though above a hundred years afterwards we meet with another canon, made at a council at Winchester, that seems again to prohibit all corpses whatsoever, without any exception, from being buried in churches. But in later times, every one, that could pay for the honour, has been generally allowed it; but since all cannot purchase it, nor the churches contain all, there is a necessity of providing some other conveniences for this use. And this has generally been done, as I observed before, by enclosing some of the ground round the church, for a burying-place, or churchyard; that so, as the faithful are going to the house of prayer, they may be brought to a fit temper and disposition of mind, by a prospect of the graves and monuments of their friends; nothing being more apt to raise our devotion, than serious thoughts upon death and mortality. I need not say now whether the church or churchyard be the most ancient and proper place for burial; nor have I any thing left to say further on this head, than that in whichever the grave is, the Priest is to go before, and to lead the company thither, and to conduct, and introduce, as it were, the corpse of the deceased into its house of rest.