Long title | An Act to amend the law relating to the interment of any person found felo de se. |
---|---|
Citation | 45 & 46 Vict. c. 19 |
Territorial extent | England and Wales and the Channel Islands. [2] |
Dates | |
Royal assent | 3 July 1882 |
Commencement | 3 July 1882 [3] |
Repealed | 3 August 1961 |
Other legislation | |
Repeals/revokes | Burial of Suicide Act 1823 |
Repealed by | Suicide Act 1961, s 3(2) & Sch 2 |
Status: Repealed | |
Text of statute as originally enacted |
The Interments (felo de se) Act 1882 (45 & 46 Vict. c. 19) is an Act of the Parliament of the United Kingdom which allowed a person whose death was felo de se (criminal suicide) to be buried in a churchyard at any hour, and with the usual religious rites. [4] Previously, suicides could be buried only between 9pm and midnight, and without rites. [5] Sir James Stephen said that the act was "so worded as to lead any ordinary reader to suppose that till it passed suicides were buried at a crossroads with a stake through their bodies". [6]
It shall not be lawful for any coroner or other officer haying authority to hold inquests to issue any warrant or other process directing the interment of the remains of persons against whom a finding of felo de se shall be had in any public highway, or with any stake being driven through the body of such person, but such coroner or other officer shall give directions for the interment of the remains of such person felo de se in the churchyard or other burial ground of the parish or place in which the remains of such person might by the laws or custom of England be inteired if the verdict of felo de se had not been found against such person.
— Interments (felo de se) Act 1882, s. 2
The Suicide Act 1961 abolished felo de se and in consequence also repealed the 1882 act.
This section allowed interment to be made in any way prescribed or authorised by the Burial Laws Amendment Act 1880. By section 13 of that Act, any clergyman of the Church of England authorised to perform the burial service was permitted, in any case where the office for the burial of the dead according to the rites of the Church of England might not be used, to use at the burial ground such service, consisting of prayers taken from the Book of Common Prayer and portions of the Holy Scripture, as might be prescribed or approved by the ordinary. [7] [8]
The Act of Uniformity 1662 is an Act of the Parliament of England. It prescribed the form of public prayers, administration of sacraments, and other rites of the Established Church of England, according to the rites and ceremonies prescribed in the 1662 Book of Common Prayer. Adherence to this was required in order to hold any office in government or the church, although the new version of the Book of Common Prayer prescribed by the Act was so new that most people had never even seen a copy. The Act also required that the Book of Common Prayer "be truly and exactly Translated into the British or Welsh Tongue". It also explicitly required episcopal ordination for all ministers, i.e. deacons, priests and bishops, which had to be reintroduced since the Puritans had abolished many features of the Church during the Civil War. The act did not explicitly encompass the Isle of Man.
Burial, also known as interment or inhumation, is a method of final disposition whereby a dead body is placed into the ground, sometimes with objects. This is usually accomplished by excavating a pit or trench, placing the deceased and objects in it, and covering it over. A funeral is a ceremony that accompanies the final disposition. Evidence suggests that some archaic and early modern humans buried their dead. Burial is often seen as indicating respect for the dead. It has been used to prevent the odor of decay, to give family members closure and prevent them from witnessing the decomposition of their loved ones, and in many cultures it has been seen as a necessary step for the deceased to enter the afterlife or to give back to the cycle of life.
Burial at sea is the disposal of human remains in the ocean, normally from a ship, boat or aircraft. It is regularly performed by navies, and is done by private citizens in many countries.
Felo de se was a concept applied against the personal estates (assets) of adults who ended their own lives. Early English common law, among others, by this concept considered suicide a crime—a person found guilty of it, though dead, would ordinarily see penalties including forfeiture of property to the monarch and a shameful burial. Beginning in the seventeenth century precedent and coroners' custom gradually deemed suicide temporary insanity—court-pronounced conviction and penalty to heirs were gradually phased out.
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The Burial of Suicides Act 1823 was an Act of the Parliament of the United Kingdom granted royal assent on 8 July that year and coming into effect on that date. It removed the ban on burial of suicides in consecrated ground and banned the previous practices of burying them on highways and with a stake through the body. It stipulated that such burials had to occur between 9 pm and midnight within 24 hours of the conclusion of the coroner's inquest on the body and only allowed the use of the burial service if the body was in a churchyard or burial yard, without a stake and within those timings.