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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 See also:place. It is distinguished from a See also:cemetery (q.v.), which is also a place of burial, but is See also:separate and apart from any parochial church. A cemetery in See also:England is either the See also:property of a private See also:company, incorporated by See also:special See also:act of See also:parliament, or of a See also:local authority, and is subject to the Cemeteries Clauses Act 1847, incorporated in the Public See also:Health Acts. The practice of burying in churches or churchyards is said to have been connected with the See also: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 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 churchyard is a See also:common See also:law right, controlled in many points by the provisions of the lawecclesiastical. This See also:double See also:character is sufficient to explain the controversy which has so See also:long raged See also:round the subject of burials in England. Every See also: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. But the churchyard, as well as the church itself, is the See also:freehold of the See also:parson, who can in many respects See also:deal with it as if it were a private See also:estate. A See also:statute of See also:Edward I, (35, st. 2) speaks of the churchyard as the See also: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 from cutting down such trees unless required for See also:repairs." Notwithstanding the See also: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. The right to burial may be subject to the See also:payment of a See also:fee to the See also:incumbent, if such has been the immemorial custom of the parish, but not otherwise. The spirit of the See also: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 See also:Stowell says disappeared after the See also:Reformation. No See also:person can be buried in a church without the consent of the incumbent, except when the owner of a See also:manor-See also:house prescribes for a burying-place within the church as belonging to the manor-house. In the See also: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 was grantable against a person for opposing the burial of a parishioner; but the See also: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 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 the See also: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-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 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 of management. The See also:presbytery may interfere to compel the heritors to provide due See also:accommodation, but has no further See also:jurisdiction. It is the See also:duty of the heritors to allocate the churchyard. The Scottish law hesitates to attach the See also:ordinary incidents of real property to the churchyard, while See also: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 and minerals found beneath. The difficulty as to religious services does not exist. On the other See also: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.
End of Article: CHURCHYARD
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