CHURCHYARD  , a piece of consecrated ground attached to a parochial See also:

• CHURCH
• CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
• CHURCH, FREDERICK EDWIN (1826-1900)
• CHURCH, GEORGE EARL (1835–1910)
• CHURCH, RICHARD WILLIAM (1815–189o)
• CHURCH, SIR RICHARD (1784–1873)

church, and used as a See also:

• BURIAL

burial See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place . It is distinguished from a See also:

• CEMETERY (Gr. Korrsnri7pwv, from Hoiµav, to sleep)

cemetery (q.v.), which is also a place of burial, but is See also:

• SEPARATE

separate and apart from any parochial church . A cemetery in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England is either the See also:

• PROPERTY

property of a private See also:

• COMPANY

company, incorporated by See also:

• SPECIAL

special See also:

• ACT (Lat. actus, actum)

act of See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament, or of a See also:

• LOCAL

local authority, and is subject to the Cemeteries Clauses Act 1847, incorporated in the Public See also:

• HEALTH

Health Acts . The practice of burying in churches or churchyards is said to have been connected with the See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom of praying for the dead, and it would appear that the earlier practice was burying in the church itself . In England, about the See also:

• YEAR

year 750, spaces of ground adjoining the churches were enclosed and appropriated to the burial of those who had been entitled to attend divine service in those churches . The right to burial in the See also:

• PARISH (Gr. irapouda, district, neighbourhood; 7r&poucos, one dwelling near or beside, from crap&, OtKOS, house; Lat. paroecur, Late Lat. parochia; cf. Fr. paroisse)

parish churchyard is a See also:

• COMMON

common See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law right, controlled in many points by the provisions of the lawecclesiastical . This See also:

• DOUBLE
• DOUBLE (from the Mid. Eng. duble, the form which gives the present pronunciation, through the Old Er. duble, from Lat. duplus, twice as much)

double See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character is sufficient to explain the controversy which has so See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

long raged See also:

• ROUND (O. Fr. rond, Lat. rotundus, the Fr. is the source also of Du. rond; Ger., Swed., Dan. and Nor. rond)

round the subject of burials in England . Every See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man, according to the common law, has a right to be buried in his own churchyard, or, as it is some-times put, in the churchyard of the parish where he See also:

• DIES, CHRISTOPH ALBERT (1755-1822)

dies . But the churchyard, as well as the church itself, is the See also:

• FREEHOLD

freehold of the See also:

• PARSON

parson, who can in many respects See also:

• DEAL

deal with it as if it were a private See also:

• ESTATE (through O. Fr. estat, mod. flat, from Lat. status, state, condition, position, stare, to stand)

estate . A See also:

• STATUTE

statute of See also:

• EDWARD

Edward I, (35, st . 2) speaks of the churchyard as the See also:

• SOIL

soil of the church, and the trees growing in the churchyard " as amongst the goods of the church, the which laymen have no authority to dispose," and prohibits " the See also:

• PARSONS
• PARSONS (or PERSONS), ROBERT (1546-161o)
• PARSONS, THEOPHILUS (1750-1813)

parsons from cutting down such trees unless required for See also:

• REPAIRS (from Lat. reparare, to make ready again)

repairs." Notwithstanding the See also:

• CONSECRATION (Lat. consecrallo, from con and sacrare, " to make sacred ")

consecration of the church and churchyard and the fact that theyaare the parson's freehold, a right of wa, may be claimed through them by See also:

• PRESCRIPTION

prescription . The right to burial may be subject to the See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

payment of a See also:

• FEE

fee to the See also:

• INCUMBENT (from Lat. incumbere, to lean, lie upon)

incumbent, if such has been the immemorial custom of the parish, but not otherwise .

The spirit of the See also:

• ANCIENT
• ANCIENT (also spelt ANTIENT; derived, through the Fr. ancien, old, from the late Lat. antianum, from ante, before)

ancient canons regarded such burial fees as of a simoniacal complexion, inasmuch as the consecrated grounds were among the res sacrae—a feeling which See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

Lord See also:

• STOWELL, WILLIAM SCOTT, BARON (1745-1836)

Stowell says disappeared after the See also:

• REFORMATION
• REFORMATION, THE

Reformation . No See also:

• PERSON, OFFENCES AGAINST THE

person can be buried in a church without the consent of the incumbent, except when the owner of a See also:

• MANOR

manor-See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

house prescribes for a burying-place within the church as belonging to the manor-house . In the See also:

• CASE
• CASE, JOHN (d. 1600)

case of Rex v . See also:

• TAYLOR
• TAYLOR, ANN (1782-1866)
• TAYLOR, BAYARD (1825–1878)
• TAYLOR, BROOK (1685–1731)
• TAYLOR, ISAAC (1787-1865)
• TAYLOR, ISAAC (1829-1901)
• TAYLOR, JEREMY (1613-1667)
• TAYLOR, JOHN (158o-1653)
• TAYLOR, JOHN (1704-1766)
• TAYLOR, JOSEPH (c. 1586-c. 1653)
• TAYLOR, MICHAEL ANGELO (1757–1834)
• TAYLOR, NATHANIEL WILLIAM (1786-1858)
• TAYLOR, PHILIP MEADOWS (1808–1876)
• TAYLOR, ROWLAND (d. 1555)
• TAYLOR, SIR HENRY (1800-1886)
• TAYLOR, THOMAS (1758-1835)
• TAYLOR, TOM (1817-1880)
• TAYLOR, WILLIAM (1765-1836)
• TAYLOR, ZACHARY (1784-1850)

Taylor it was held that an See also:

• INFORMATION (from Lat. informare, to give shape or form to, to represent, describe)

information was grantable against a person for opposing the burial of a parishioner; but the See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court would not interpose as to the person's refusal to read the burial service because he never was baptized—that being See also:

• MATTER

matter for the ecclesiastical court . Strangers (or persons not dying in the parish) should not be buried, it appears, without the consent of the parishioners or churchwardens, " whose parochial right of burial is invaded thereby." In See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland the See also:

• OBLIGATION

obligation of providing and maintaining the churchyard rests on the heritors of the parish . The guardianship of the churchyard belongs to the heritors and also to the See also:

• KIRK, SIR JOHN (1832- )

kirk-session, either by delegation from the heritors, or in right of its ecclesiastical character . The right of burial appears to be strictly limited to parishioners, although an See also:

• OPINION (Lat. opinio, from opinari, to think)

opinion has been expressed that any person dying in the parish has a right to be buried in the churchyard . The parishioners have no See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power of management . The See also:

• PRESBYTERY

presbytery may interfere to compel the heritors to provide due See also:

• ACCOMMODATION (Lat. accommodare, to make fit, from ad, to, cum, with, and modus, measure)

accommodation, but has no further See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction . It is the See also:

• DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty of the heritors to allocate the churchyard . The Scottish law hesitates to attach the See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary incidents of real property to the churchyard, while See also:

• ENGLISH

English law treats the ground as the parson's freehold . It would be difficult to say who in Scotland is the legal owner of the soil .

Various opinions appear to prevail, e.g. as to grass growing on the See also:

• SURFACE

surface and minerals found beneath . The difficulty as to religious services does not exist . On the other See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand, the religious character of the ground is hostile to many of the legal rights recognized by the English law . See also BURIAL AND BURIAL ACTS; CEMETERY .