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Topic: "Interred without the service" (Read 501 times)
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suey
RootsChat Aristocrat
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Posts: 2397
The light is on but there's no-one at home!
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I know Galium knows the name of her man - but - how would a death be registered for someone who was unknown?If you go to any of the GRO Deaths Indexes, at the end of the "Us" you will see lists of death registrations for "Unknowns"Stan Thanks Stan, obvious really wasn't it  as a matter of interest I just looked on FreeBMD picking a year at random and was sad and surprised to see how many Unknown Male or Females aged 0 years were in the index 
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All census lookups are Crown Copyright from www.nationalarchives.gov.ukSussex - Knapp. Nailard. Potten. Coleman. Pomfrey. Carter. Picknell Greenwich/Woolwich. - Clowting. Davis. Kitts. Ferguson. Lowther. Carvalho. Pressman. Redknap. Argent. Hertfordshire - Sturgeon. Bird. Rule. Claxton. Taylor. Braggins.  |
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stanmapstone
RootsChat Marquessate
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Posts: 3851
My answers only refer to England and Wales
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If the death was initially registered as 'Unknown', could it be re-registered properly when the deceased's family came forward? Dave
The entry of the original registration would be corrected. The 1874 Act states
Correction of Errors.
36. With regard to the correction of errors in registers of births and deaths, it shall be enacted as follows :
(1.) No alteration in any such register shall be made except as authorised by this Act:
(2.) Any clerical error which may from time to time be discovered in any such register may be corrected by any person authorised in that behalf by the Registrar General, subject to the prescribed rules:
(3.) An error of fact or substance in any such register may be corrected by entry in the margin (without any alteration of the original entry) by the officer having the custody of the register, upon payment of the appointed fee and upon production to him by the person requiring such error to be corrected of a statutory declaration setting forth the nature of the error and the true facts of the case, and made by two persons required by this Act to give information concerning the birth or death with reference to which the error has been made, or in default of such persons then by two credible persons having knowledge of the truth of the case:
(4.) Where an error of fact or substance (other than an error relating to the cause of death) occurs in the information given by a coroner’s certificate concerning a dead body upon which he has held an inquest, the coroner, if satisfied by evidence on oath or statutory declaration that such error exists, may certify under his hand to the officer having the custody of the register in which such information is entered the nature of the error and the true facts of the case as ascertained by him on such evidence, and the error may thereupon be corrected by such officer in the register by entering in the margin (without any alteration of the original entry) the facts as so certified by the coroner.
http://freepages.genealogy.rootsweb.ancestry.com/~framland/acts/1874Act.htm
Stan
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Mapstone, Mapston. Sunderland, Somerset
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Guy Etchells
RootsChat Veteran
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Posts: 877
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Before 1880 no body could be buried in consecrated ground except with the service of the Church, which the incumbent of the parish or a person authorized by him was bound to perform; but the canons and prayer-book refused the use of the office for excommunicated persons, for some grievous and notorious crime, and no person able to testify of his repentance, unbaptised persons, and persons against whom a verdict of felo de se had been found. But by the Burial Laws Amendment Act 1880, the bodies of persons entitled to be buried in parochial burial grounds, whether churchyards or graveyards, may be buried there, on proper notice being given to the minister, without the performance of the service of the Church of England, and either without any religious service or with a Christian and orderly religious service at the grave, which may be conducted by any person invited to do so by the person in charge of the funeral. The Act also allowed the use of the Church of England Burial service on unconsecrated ground
Stan
Whist that is correct it was not as clear cut as the above indicates.
Ancient church law (as explained in the book of Church Law page 179 required "that in a Christian country baptism is to be taken for granted unless there is proof to the contrary".
Suicides (those who had committed a felony by the wilful murder of themselves) were also allowed to be buried in a churchyard between the hours of nine and twelve at night by an Act in 4 Geo. IV. ch.52.
Whilst those who killed themselves whilst in a state of insanity were always (Council of Bracara [A.D. 563]) allowed a Christian burial as they were deemed not responsible for their fate.
Cheers
Guy
P.S. There is also the view expressed by The Law relating to the Church & the Clergy (Henry William Cripps, M.A. Barrister at Law, published 1850) p. 684 "that every person may at this day be buried in the churchyard of the parish where he dies".
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MarieC
RootsChat Marquessate
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Posts: 3057
In Queensland, Oz
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That's interesting, Stan and Guy! I have cases in my ancestry which seem to support what Guy says.
My RC ggggrandparents died in the St Pancras area - he in 1834, she in 1848. The church which by amazing luck I found, where they worshipped, did not seem to have burial registers - I read somewhere that RC churches often did not keep these - but I was very keen to try to find where they were buried. The archivist for the RC Diocese of Westminster told me that, in these days before public burial grounds, a lot of RC folk were buried in Old St Pancras churchyard, as this was a saint who was particularly significant to Catholics of the time. Unfortunately there is no sign of gravestones there for them, but a researcher checked the Old St Pancras burial records for me in the LMA, and bingo! They are both there.
I am presuming that they each had a Requiem Mass at St James' Spanish Place and then were buried without further ceremony in the churchyard of Old St Pancras.
MarieC
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Martins in London and Wales, Lockwoods in Yorkshire, Hartleys in London, Lichfield and Brighton, Hubands and Smiths in Ireland, Bentleys in London and Yorkshire, Denhams in Somerset, Scoles in London, Meyers in London, Cooks in Northumberland
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MarieC
RootsChat Marquessate
Offline
Posts: 3057
In Queensland, Oz
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The right to burial in the parish churchyard is a common law right.
Stan
Thanks for that, Stan. It simply and clearly explains why so many Catholics would have been buried in Old St Pancras - which I have been wondering about for several years!
MarieC
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Martins in London and Wales, Lockwoods in Yorkshire, Hartleys in London, Lichfield and Brighton, Hubands and Smiths in Ireland, Bentleys in London and Yorkshire, Denhams in Somerset, Scoles in London, Meyers in London, Cooks in Northumberland
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