CHAPTER III.

OUR BURIAL LAWS.

In order to properly estimate the improved condition of things

during the present day, and under the present regulations as to

burial, it will be necessary to examine the state in which our

graveyards were found before these new regulations were in force.

Let us take, then, our metropolitan burying-places as they existed a

little more than twenty years ago.

A very good idea of the lamentable want of proper space for burial

in the metropolis in 1843 was furnished by Mr. Sopwith, who showed

by a plan that the extent of intramural space then provided was

just about half of what it ought to be, even at the standard of

110 burials per acre. At that time things were in a most desperate

state, the burials at the parochial yards of St. Mary's-at-Hill, St.

George's Burial Ground in Uxbridge Road, and St. Olave's, Tooley

Street, averaging 1,204 per acre. The grounds belonging to other

religionists were in some cases worse; for the interments in the

Roman Catholic yards at Moorfields and Dockhead, in the Baptist

ground at Woolwich and in the Congregationalist fields at Stepney,

averaged 1,278 per acre. But the parochial burial-grounds of St.

Giles's, St. Pancras, and St. John's Chapel of Ease, exceeded

the last-named figure by 282, and, horrible to relate in these

days--when we calculate that, to properly accommodate even 52,000

annual metropolitan dead with decennially renewed interments, we

should want at least 500 acres--the burials in the new Bunhill

General Burial Ground reached the astounding figure of 2,323 per

acre.

This was a fearful state of things, it must be admitted, but it

was even exceeded in point of hideousness by many of the yards of

our country towns, and even of our villages, where one might have

supposed no necessity for overcrowding existed. The reader who is

anxious to examine these revolting details for himself can see

them in the reports of the evidence taken before the Parliamentary

Commissions of 1842, of 1843, and of 1850. These reports were

issued by Lords Carlisle and Ashley, and by Mr. Edwin Chadwick and

Dr. Southwood Smith, and revealed horrors beyond all that could

have been imagined. Nor were some of the villages of Switzerland

better situated with regard to accommodation than our own. Read for

instance the condition of the churchyard of Schuls, as described by

Professor Reclam.[96]

[96] In the 'Gartenlaube,' No. 19, 1874.

Since 1843, however, many of the parochial and general

burial-grounds of the metropolis have been closed altogether, and

the same has been done in many parts of the country. During the

ten years which elapsed between 1852 and 1862, about 500 Orders

in Council were issued, by means of which, says the great legal

authority upon the laws of burial,[97] some four thousand old

burial-grounds have been closed or regulated. Regulation generally

means the forbidding of interments in a churchyard which has been

reported against by the Medical Officer of Health, except in the

case of family graves. A London churchyard has just been regulated

in this way.[98] During the ten years alluded to, some 400 local

burial boards were constituted. Within that period also nearly

one and a half millions were raised for the use of the parochial

cemeteries by the ratepayers.

[97] Baker, 'Laws relating to Burial,' 4th ed. London: 1874. Mr.

Baker was kind enough to read over the proof of this chapter.

[98] By Dr. Tripe.

Some cemeteries properly so called existed in 1843, but their area

in the metropolitan districts amounted to only 260 acres, and the

annual number of burials performed amounted to nearly 3,400. Of

this number the burials in the East London, in the City of London

and Tower Hamlets, and in the Kensal Green Cemeteries, made up over

two-thirds. The number of burials per acre in the East London

Cemetery, Mile End, was 154, in Kensal Green 17, and in Norwood 5.

In 1850 the Board of Health condemned the cemetery at Brompton, but

interments are still carried on there, with, it must be, anything

but satisfactory results to the houses which surround it. What

will it be twenty years hence, if the interments go on as now?

Several new cemeteries have been opened, it is true, for instance

a magnificent cemetery at Woking. Others again are being projected

for places where interments have been found difficult to obtain,

notably, one for the south of London. At the present moment a

company is being formed to work a cemetery at East Ham, two miles

nearer to the city than Ilford cemetery. As the site is upwards of

two miles beyond the metropolitan area, no sanction is required

from the Secretary of State, and yet it is adjacent to some very

populous parishes, whence, as is set forth, numerous interments

may be expected. The site occupies 115 acres, 45 of which it is

purposed to reserve for burials, the other 70 to be sold in lots for

building purposes. Then again come cemeteries of ease as they might

be called, belonging to parochial boards whose churchyards are full.

To this category belongs a burial-ground just commencing in a parish

in the Northern suburbs of London, within 500 yards of a reservoir

constructed since 1871 at a cost of 25,000_l._ The formation is

clay, and is easily drained into the main drainage system, but

the fear is that at some future time the exhalations will affect

the water in the reservoir, especially if it be uncovered. These

two last examples will show how nearly omission may be made a

non-transgression of a law.

Our burial laws specify that each dead adult shall be entitled

to four superficial yards of earth. Allowing for the predominant

deaths amongst children, this would be an average of three yards.

This thirty-six superficial feet is about the space allowed to each

body by the authorities of Stuttgart and Munich; but in Würtemberg

fifty-four feet are accorded, and in some parts of Austria as

much as ninety feet is awarded to each adult. The common practice

with us is to allow about a quarter of an acre of burial-ground

to each 1,000 head of population, where the soil is favourable;

but some authorities double this allowance, and leave room for

embellishing the ground. Wise cemetery companies also allow a space

between each alternate row of grave-spaces, in order to prevent

trampling. They, moreover, encourage the purchase of family freehold

grave-plots containing three or six grave-spaces. It is true that

the proprietors of the burial-ground profit by this payment in

anticipation; but the benefit accrues largely to the public as well,

for it does not become necessary to open the same grave should two

members of a family die with but a short interval of time between.

For the rest, a commodious grave-space presupposes a sufficiency

of soil to absorb the gases, allows the grave to be opened without

the earth of the adjoining one falling into it, dispenses with the

shoring up of the sides with planks, and provides sufficient space

for suitable monuments. As a general rule, one-sixth of the entire

acreage of a cemetery will also of a necessity be appropriated for

roads and paths, for sites of lodges and chapels, and botanical

groves.

The depth at which burial is practised varies much, but it is

usually from eight to ten feet in soil propitious to decay. Six feet

would suffice, it might be; but, as the intention is to be able

to reopen the graves fourteen years after the burial of an adult,

and eight years after the burial of a child, a fair maximum depth

is resorted to. When a burial has taken place in an allotment, the

above period of lying fallow can only be shortened should it be

necessary to open the grave to inter another member of the family.

In such a case, a foot of earth must be interposed.[99] The law

is also distinct on the point that no one shall be buried in any

unwalled grave within four feet of the ordinary level of the ground,

unless it be a child, and then not less than three feet of soil

shall lie above it.

[99] During an official enquiry held by Mr. Holland, in November

1874, into the management of the Tooting cemetery, it transpired

that four or five inches of intervening earth had been deemed

necessary by the inspector of the cemetery, instead of the twelve

inches stipulated by law. In the case of private graves the coffins

had been laid without any intervening earth at all.

When the coffin is not laid in contact with the soil, but entombed

in a vault or walled grave, the occupied space is covered by a

stone cemented down, air-tight, upon a ledge in the wall, and the

raising of which is for ever forbidden. The entombment may also be

made by an air-tight surrounding of concrete. The best practice of

vault burial is to place some charcoal or disinfectant along with

the coffin, so that no foul gas shall escape should reopening be

necessary. When old vaults underneath churches are reported upon and

found inimical to public health, the churchwardens can be compelled

to remove the contents elsewhere, and disinfect the vaults, charging

the poor-rates with the expenses. No interment is now allowed under

any new place of worship, except with the authority of the Secretary

of State. During the ten years, too, which followed the passing of

the Burial Acts in 1852, more than one hundred church vaults in the

metropolis were disinfected and sealed up.

Cemeteries, and not churchyards, are now the chosen sites for

interments. These cemeteries are permitted to be located upon

any piece of ground, provided that the usual restrictions are

not set at naught.[100] A well-chosen cemetery[101] is one whose

soil is dry, close, and yet porous, permitting the rain and its

accompanying air to reach a reasonable depth, and so expedite

decay. The formation is also well covered with vegetable mould,

which assists in neutralising any hurtful emanations and encourages

the growth of shrubs. The subsoil is also of such a kind as to

need no underdraining, and such as will prevent the water lodging

in any grave or vault.[102] It will also stand exposed to the

north or north-east winds, which are dry, and which do not hold

the putrefactive gases in solution, like the moist south or

south-westerly winds.

[100] The Congress of Hygiene at Brussels recommended an intervening

space of 400 mètres between a cemetery and any habitation.

[101] The Greek word cemetery means a sleeping-place, and the idea

of rest would be far better conveyed if only ashes were laid there,

as no further atomical change would be possible.

[102] In the Tooting cemetery enquiry, November 1874, it was proved

that although the subsoil required draining, the merest surface

drainage had been resorted to. The Burial Board admitted that in one

instance a coffin had been deposited in a grave with water in it

sufficient to cover it.

Cemeteries can be made upon clay soils, if properly drained by

deep cross-drains, and by pipe-drains laid from grave-space to

grave-space, duly conducted into the main drain, or by causing the

first interments to be made near the drain, strewing gravel at the

bottom of each grave opened out, and similarly connecting with this

porous layer each new grave with a previous one. When the soil does

not admit percolation downwards, it is necessary to get rid of the

surface water by laying a line of pipes at the upper end of each

row of graves, and so intercepting it. Or upright pipes are placed,

reaching down to the bottom of the grave and to the artificially

placed gravel then communicating with the drain. The clayey soils

of some burial-grounds have also been improved by the admixture of

sand and gravel when refilling the graves. But, even after all this

expense, the gases evolved during decay are retained very often

in the soil, and, after thirty or more years, little or no change

will have been effected. The laws of nature are thus contravened;

for she has ordained that, in good soil, all but the larger bones

shall disappear in twelve years. If interments be made in the worst

of clays, sudden heat will open up fissures in the ground with

lamentable results.

An improperly chosen graveyard, then, may be said to be one where

the soil is dense and clayey, and impervious to moisture. It will

be insufficiently drained, necessitating the use of planks to walk

upon in wet weather. It will be too close to the abodes of the

living, too small to permit proper planting, the graves covered, it

may be, with flat stones, which prevent the passage downwards of

the air and rain, and surrounded, moreover, by high walls which

exclude the fresh air. The ground will be stony and insufficiently

covered with vegetable soil. No natural outfall will exist, and

the drainage-water must be pumped up, the bare idea of which is

horrible. It will be near also to water-bearing strata, or to a

reservoir. Long before decomposition has taken place, owing to the

smallness of the site and the impossibility of obtaining any more

land except at high building prices, the organic matter hidden out

of sight will be far too large in proportion to the area. From the

foregoing we may conclude that a proper site for a cemetery is not

everywhere obtainable, and that serious mistakes must often be made.

The older burial-grounds can be closed at the expiration of a

month's notice given by duly qualified persons, on the order of the

Privy Council, and any one assisting at a burial contrary to that

order is liable to fine and imprisonment.

The Ecclesiastical Commissioners can grant, in certain cases,

a faculty permitting the erection of schools in churchyards,

especially when the grounds have been closed under the Burials Act;

and never shall I forget a school of this description in one of our

largest cities. Old burial-grounds can be converted to more common

secular purposes under certain restrictions, as may be witnessed

almost every day in London. In such cases the remains must be

decorously removed to some consecrated ground, after due notice to

the relatives. An example of this may be observed at the present

moment at the demolished church of St. Antholin, London; only in

this case the remains have not been carted away as usual to the City

of London Cemetery at Ilford, but have been placed in a monster

vault constructed at the base of the tower, which is the only part

of the church that is to remain. In this vault have been placed over

200 chests, each containing the contents of a grave.

If the closed burial-ground be taken under the Land Clauses Act

for public improvements, and converted into sites for building,

the freeholder obtains the sum at which it was valued previously

to the passing of the Act, and the building may proceed. In the

City of London the Commissioners may, with the Bishop's consent,

arrange with the churchwardens for the appropriation of any disused

burial-ground. Sometimes, as in the case of the Bunhill Fields

ground, the space may be laid out and preserved as an open space by

a corporation, and a burial board may do the like with all ancient

graveyards within their jurisdiction. The authorities, however,

I believe, provide that, in burial-places so closed, vertical

tombstones shall not be thrown down and made use of as a paving,

and, as a general rule, the growth of grass is encouraged for

sanitary purposes.

I have given an account of the past and present state of the burial

laws, because it was necessary to do so in order to estimate the

position which any better system of dealing with our dead will

occupy. It cannot be said that no pains have been taken to lessen

the horrors of the tomb, for I have taken the trouble to make a

list of the proposed improvements in the paraphernalia of death

which have appeared[103] since 1781, and everything seems to

have been considered. From 1781 to 1825 the main thing studied

was security against the rifling of the grave; and then on to

1871 followed plans for all kinds of coffins in stone, marble,

granite, slate, porcelain, earthenware, bitumen, asphalte, paper,

peat, india-rubber, iron, and glass. Glass has been the favourite

material, just as it was in old Italy, where it was mostly selected

to enshrine the ashes collected from the pyre. It is melancholy to

peruse these strivings after the impossible, and to see what fond

but unavailing attempts have been made to rob inhumation of its

terrors.

[103] Patent Office Records.

Cremation of the Dead: Its History and Bearings Upon Public Health · 第 3 / 6 章