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General => The Common Room => Topic started by: ambers on Thursday 04 November 10 17:31 GMT (UK)
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Does anyone know all the reasons why people would be buried in unconsecrated ground. ???
I have an 1876 death certificate and she died in normal circumstances, but have been told she was buried in unconsecrated ground.
Her birth certificate has both parents named.
Ambers
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Hi
I may be misunderstanding what I've read but was she a non-conformist or Catholic or similar? So far as I know, consecrated ground was reserved for those of the denomination of the particular churchyard. Hence Catholics would be buried in the unconsecrated section of an Anglican churchyard and vice versa - but I oculd be wrong!
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Many thanks for your reply gordon5 :)
I had better check the denomination of the Churchyard she is buried in.
Ambers
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Every parishioner had the right of burial within his parish, although non-conformists were usually buried in non-consecrated ground, as 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.
See http://www.rootschat.com/forum/index.php/topic,450997.msg3228203.html#msg3228203
Stan
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Consecration is the formal dedication and setting apart, by a Bishop, of a church, churchyard, or burial-ground. There are legal consequences attaching to consecration, for instance a body cannot be removed from consecrated ground for burial elsewhere without a faculty.
Stan
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Many thanks Stampston :)
Your reply was really interesting and I have learned a lot.
Ambers
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I believe Lloyd-George(former minister and then PM First World War era) had something to do with a court case re this matter. He trained as a solicitor and fought some case in court re burial. I do not know which court, but comments re Non-conformist rings a bell with me, and I am sure that Lloyd-George was the person concerned. I believe another reason for burial in unconsecrated ground was suicide. Up until 1961 where a person committed suicide, a crime had to be recorded by the local police: felo de se, I think was the Latin term. It was a crime against the King/Queen; his/her Crown; and his/her Diginity.
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In 1888 Lloyd George won on appeal, to the Divisional Court of Queens Bench, the Llanfrothen Burial case which established the right of Nonconformists to be buried according to their own denominational rites in parish burial grounds, a right given by the Burial Act 1880 that had hitherto been ignored by the Anglican clergy. The prime motive of the Burial Laws Amendment Act 1880, was to remove a grievance felt by non-conformists, especially in rural districts. The Act granted facilities to non-conformist ministers to carry out burials in the C of E churchyard, not using the rites of the Church of England, but those of the particular denomination involved.
An 1823 statute legalized the burial of suicides in unconsecrated ground, but religious services were not permitted until 1882. In the year 1823 it was enacted that the body of a suicide should be buried privately between the hours of nine and twelve at night, with no religious ceremony. In 1882 this law was altered by the Internments (felo de se) Act, 1882. where every penalty was removed except that internment could not be solemnised by a burial service, and the body could now be committed to the earth at any time, and with such rites or prayers as those in charge of the funeral thought fit or may be able to procure.
Stan
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Stanmapstone,
Bang on with the court reference. I had read about it in the last year but could not recall details. The title of this page set my brain cogs whirring. I even looked up in Chambers Autobiographical Dictionary, but the facts were not included there. Your other comments re the burial acts also made interesting reading.
Regards,
pityackafromblyth.
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Could this account for an 1890 burial in an Anglican churchyard (Lode Cambs) of Jabez Ayres whose tombstone bears a Star of David? If so, the whole question of a Jewish connection to this branch of the Ayres family must be open again.
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Its my understanding that you could also not be buried in "hallowed" ground if you had not been baptised. This was the reason children were baptised so soon after birth when infant mortality rates where so high.
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And, in some cases I know of persons who were not eligible to be buried in the hallowed ground of a cemetery; as a result, they were buried outside the cemetery wall and/or fence. The cases I know of also did not have a headstone. Pat
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Its my understanding that you could also not be buried in "hallowed" ground if you had not been baptised. This was the reason children were baptised so soon after birth when infant mortality rates where so high.
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.
The burial of suicides, along with felons, outcasts and unbaptised infants, would normally be in unconsecrated ground, which was usually the north side of the Churchyard.
See also http://www.rootschat.com/forum/index.php/topic,495740.msg3529261.html#msg3529261
Stan
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my own experience of this issue bears out what has been posted, my infant son died before he was baptised and the catholic church refused to allow his burial in the rc section of the cemetery. tony.
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I'm sorry to hear that, Tony.
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thank you for your sympathetic response, it was a long time ago but the attitude/catholic mindset may still prevail. tony
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Info from the Lincolnshire Family History Society -
Nothing sinister about unconsecrated ground!
When the churchyards in the towns became full and space was wanted for traffic etc, Municipal Cemeteries were authorised (in the early 1850s), a section of the new ground was set aside for the non-conformists of all shades so that their own ministers could officiate.
Burials in churchyards had to be conducted by CofE clergy until 1880.
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I had a great uncle who died in childhood ,he hadn't been christened and was refused church burial. He was buried on the local tip ! How disgusting is that ? It upsets me to think of his family watching their son / brother being buried there. Poor souls.
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What date was this? 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.
Stan
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It was about 1914 Stan.
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I would have thought there would be a municipal cemetery at that time.
Stan
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It was a village Stan so only the church. Sue
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Various Acts of Parliament of interest to family historians may be found on my Acts website at
http://freepages.genealogy.rootsweb.ancestry.com/~framland/acts/actind.htm
These include the Burial laws Amendment Act, 1880.
Cheers
Guy
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very intresting reading..Stan
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To add to this old message.... Have just come across a burial for my Great Grandfather who was Catholic and buried in unconsecrated ground in the municipal cemetery in 1937. It was a shared grave with five others including his wife, the others were of no relation. I was thinking it was because they couldn't afford the burial (funeral)
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The 2nd wife of one of my ancestor's committed suicide by drinking sheepwash containing arsenic. It didn't kill her for several days by which time she had 'confessed' to her husband what she had done and a doctor had been called.
The inquest was held at the local inn
"The jury returned a verdict of felo-do-se,(sic) and she was buried the same night, between the hours of nine and twelve, without funeral rites. " Northampton Mercury Jan 1856
According to the Wikipedia article on Felo de se, it was by then quite rare for juries to return this verdict, with juries giving people the benefit of the doubt saying that they were non compos mentis at the time of the deed.
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I had a great uncle who died in childhood ,he hadn't been christened and was refused church burial. He was buried on the local tip ! How disgusting is that ? It upsets me to think of his family watching their son / brother being buried there. Poor souls.
I was so sad to read this.
How could tgey be so unkind.
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I had a great uncle who died in childhood ,he hadn't been christened and was refused church burial. He was buried on the local tip ! How disgusting is that ? It upsets me to think of his family watching their son / brother being buried there. Poor souls.
I was so sad to read this.
How could tgey be so unkind.
As was pointed out this was in 1914, see my reply #18 re the Burial Laws Amendment Act 1880,
Stan
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Consecrated/unconsecrated cemetery sections - a simple explanation
Posted by Ticketyboo yesterday, summarising information on a council department website.
https://www.rootschat.com/forum/index.php?topic=838512.0
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my own experience of this issue bears out what has been posted, my infant son died before he was baptised and the catholic church refused to allow his burial in the rc section of the cemetery. tony.
I am also shocked and sorry to hear that.
As a protestant attending a catholic school, aged 9, I was taught how to baptise a baby.
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I had a great uncle who died in childhood ,he hadn't been christened and was refused church burial. He was buried on the local tip ! How disgusting is that ? It upsets me to think of his family watching their son / brother being buried there. Poor souls.
Are you sure it was not just a family legend?
There were various alternative at that time other than a church burial, the family could even have dug a hole in their garden and buried him there if need be.
Cheers
Guy
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I had a great uncle who died in childhood ,he hadn't been christened and was refused church burial. He was buried on the local tip ! How disgusting is that ? It upsets me to think of his family watching their son / brother being buried there. Poor souls.
Are you sure it was not just a family legend?
There were various alternative at that time other than a church burial, the family could even have dug a hole in their garden and buried him there if need be.
Cheers
Guy
No it was well remembered by those who were there.
However, I do believe I was thinking about the wrong great Uncle.
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it's been 49 years but the sadly the bitter memory still festers. tony
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I saw on my maternal great grandfather's burial record in 1935 as Nottingham Road, Cemetery, Derby that his grave was in unconsecrated ground. I was very surprised because he was a Methodist Lay Preacher. His church didn't have a cemetery, hence he was buried the town cemetery.
I did see somewhere that if you are buried in unconsecrated ground in a cemetery it is easier to dig you up and move you after a few years, than if your grave was in consecrated ground. I guess the cost is a bit cheaper in the unconsecrated ground?
Andy_T
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Andy, see the link in my reply #28. It explains that the only part of a cemetery which was designated consecrated ground was that section set aside for C. of E. burials.
Re. exhumation. I've never heard this theory before.
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Thanks Cowban,
I saw that consecrated C.OF.E burial ground is more difficult to exhume than unconsecrated ground in
the Department for Constitutional Affairs "GUIDE FOR BURIAL GROUND MANAGERS".
If ground is consecrated by the C.of.E, then a license has to be obtained to move or disturb it. Not consecrated no license is required from the DCA.
I attached an extract here.
Andy_T