ECCLESIASTICAL BURIAL. — Ecclesiastical burial consists of the following three elements: the removal of the body to be joined to the church where the funeral rites are to be celebrated, the celebration of the funeral rites in church, and the procession from the church to the place of burial (can. 1204).
There is a grave obligation to grant ecclesiastical burial, according to the order and manner prescribed in the liturgical books (can. 1215), unless there is a grave excusing cause for one or more of the elements of such burial, as, for example, in the case of an epidemic, in large hospitals, etc.
The church where the funeral rites are to be celebrated is the one to which the deceased has a right to be transferred (can. 1204, 1215). In determining this church, the following order of preference is to be followed: first, the church chosen by the deceased (can. 1216 § 1); second, the church of the family sepulchre (can. 1229); and finally, in ordinary law, the parish church (can. 1216 § 1). All other provisions are subordinate to this general rule.
All the faithful have the faculty of choosing the church for the funeral and the place for burial, with the sole exception of minors and professed religious who are not cardinals, bishops, abbots, prelates *nullius*, vicars or apostolic prefects. In the absence of an express contrary will, legitimate custom or particular provision, the presumption holds: *ubi tumulus, ibi funus* or *ubi funus, ibi tumulus*, provided, however, that it concerns a strictly ecclesiastical cemetery or a moral person. The choice of the church for the funeral or of the cemetery must be free: it is thus forbidden, under pain of nullity of the act, for religious and secular clergy to induce anyone, by vote, oath or promise, to choose their own church for the funeral or their own cemetery (can. 1227). The choice may be made personally or through a legitimate mandatary, who may act after the death of the mandator (can. 1216 § 2). The holder of paternal authority may choose the burial place for minors subject to his authority, even after their death (can. 1224 § 1). In any case, the choice is always revocable. The choice must fall within one of these four categories: a) the parish church; b) the church of religious; that of nuns is reserved solely for women who, for reasons of service, education, illness or hospitality, habitually reside within the confines of the cloister, even if they die outside the monastery; c) churches under patronage, limited to the patron; d) a church which, by particular provision, enjoys the right to funerals. The choice made may be proved by all the usual procedural means.
The family sepulchre or *sepulcrum maiorum* is a place, within or outside the cemetery, legitimately chosen and set aside for the benefit of a particular family, a particular class of persons or a juridical person. It may be of four kinds: familial, if it is intended solely for the ascendants and descendants of a family; hereditary, if it serves only the heirs; mixed, if made for the family and the heirs; or of a moral person, if assigned to such a person. Any physical or moral person *sui iuris* may construct a family sepulchre (can. 1208 § 31, 1209 § 1), with the written permission of the superior of the cemetery within which it is intended to be built (can. 1209 § 1). The place of burial is the family sepulchre, if the body can be conveniently transported there or if those concerned provide for it at their own expense (can. 1229 § 1), and the church for the funeral rites will also be that of the family sepulchre, except for local customs and diocesan statutes.
By common ordinary law, the church for the funeral rites is the parish church proper to the deceased, that is, the one in which he had his domicile or quasi-domicile, whether true or legal (can. 94). If there were several proper parishes, the church for the funeral rites is that of the parish in whose territory the death occurred (can. 1216). If the death occurred outside the proper parish, the body is to be taken to the nearest parish church, if, in the judgment of the Ordinary, it can be conveniently reached on foot; otherwise, to the parish church of the place of death, unless the family or heirs or those entitled provide at their own expense for the transport of the body to the parish church of the deceased (can. 1218 § 1-3). In case of doubt, the right of the proper parish always prevails (can. 1217).
By special ordinary law, for the Roman Pontiff the church for the funeral rites is the Vatican Basilica; for cardinals, if they die in Rome, the church designated by the Pope; if they die outside Rome, the most distinguished church of the place of death (can. 1219 § 1). For residential bishops, even if elevated to the dignity of cardinal, as well as for abbots or prelates *nullius*, apostolic prefects or vicars, apostolic administrators permanently constituted, and coadjutor bishops, it is the cathedral, abbatial or prelatial church, if the transport is possible without inconvenience; otherwise, it is the most distinguished church of the place of death (can. 1219 § 2). If the bishop has two or more dioceses united *aequo principaliter*, the cathedral of the place of death; if united *minus principaliter*, the principal cathedral church (can. 1218). For residential beneficiaries, the church of their benefice (can. 1220, 1218); for professed religious, novices and domestics permanently residing in the religious house and dying there, the church of their own house or at least of their order (can. 1221). For those dying in a hospital, for those living with religious, and for guests of religious, the common and ordinary law of all the faithful is observed, unless there are different particular provisions (can. 1222). For those dying in a seminary, it is the church of the seminary (can. 1222, 1368).
The minister of the funeral is generally the one who has charge of the church where the funeral rites are to be celebrated. In particular, it is the right and duty of the parish priest to grant, for himself and for others, burial to his own deceased. If the deceased had more than one parish priest, the minister is the parish priest of the church where the funeral rites are to be celebrated (can. 1230 § 1). If the death occurs in another parish, but the body can be conveniently transported there on foot, it is the duty of the proper parish priest to grant ecclesiastical burial, after informing the parish priest of the place of death (can. 1230 § 2; 1218 § 3); otherwise, the minister of the funeral is the parish priest of the place of death.
The ministers of the funeral of the Pope are the cardinals (Apostolic Constitution *Sede vacante*, n. 20; *motu proprio* of Pius XI, 1 March 1922, AAS, 14 [1922], 145). For cardinals, even if not bishops, who die in Rome, the minister is the Dean of the Sacred College, unless the Pope has designated others; the proper parish priest, however, removes the body. If they die outside Rome and in an episcopal see, the ministers are, in order of precedence, the dignitaries of the cathedral church; if outside the episcopal see, the minister is the rector of the most distinguished church where the funeral rites are to be celebrated. For residential bishops, as well as for abbots and prelates *nullius*, the ministers are the dignitaries of the cathedral church; if they die outside the episcopal see, as for abbots and prelates *nullius*, the ministers are the dignitaries and canons of the cathedral, abbatial or prelatial church; if they die outside the see, the rector of the most distinguished church. Titular bishops follow the common law of the faithful, as do residential bishops who die in Rome. For beneficiaries, the minister is the rector of the church of the benefice; the proper parish priest of the deceased, however, removes the body and conducts it to the doors of the church where the funeral rites are to be celebrated (can. 1216, 1218, 1230 § 4). For religious, novices, postulants and domestics to be buried in the church of the religious, the minister is exclusively the religious superior; for lay religious, however, the minister is the chaplain of the house. For religious women and novices who die in the religious house and are exempt from parochial jurisdiction, the minister is the chaplain; if not exempt, the minister is the parish priest. If they die outside their own house, the provisions of common law are observed (can. 1230 § 5). For those dying in a hospital or in a seminary, the minister is the rector of the church where the funeral rites are to be celebrated.
In the case of an elective or hereditary burial, if the church is exempt from the jurisdiction of the parish priest, the minister is the rector of the church itself; however, it is the parish priest who, with the processional cross of the church where the funeral is to be held, lifts the corpse and conducts it to the doors of the church (can. 1230 § 3, 1215). If the church is not exempt, the minister is the parish priest in whose territory the church is situated, provided that the deceased was subject to that parish priest (can. 1230 § 4). If the corpse is transported to a place where the deceased did not have his own parish nor was there an election, the cathedral church is to conduct the funeral rites; in the absence of such a church, the parish church in whose territory the cemetery for burial is located takes precedence, always subject to local customs and diocesan statutes (can. 1230 § 7, 1218, 1229).
Once the funeral rites have been conducted in the church, the corpse, except in the case of an elective or hereditary burial, must be buried in the cemetery of the church where the funeral was held (can. 1231 § 1, 1228, 1229). The minister is the same as that of the funeral rites, unless the remains are to be buried in a cemetery to which they cannot be conveniently transported. Outside of this case, the minister, vested with stole and processional cross, may pass through the territory of other parishes or dioceses, even without the permission of the respective parish priest or Ordinary (can. 1232).
No clerics, whether secular or religious, nor associations of the faithful invited by the family or heirs of the deceased may be excluded from the funeral procession, except for a grave cause to be assessed by the Ordinary; however, clerics attached to the church have precedence over all others (can. 1233 § 1). Societies or insignia manifestly hostile to the Catholic religion are excluded from the funeral procession (can. 1223 § 2). Flags or banners of Catholic societies may also be admitted in the church, as well as blessed flags. Those of political parties are excluded insofar as they cannot be blessed (S. Uffizio, 20 March 1947: AAS, 39 [1947], p. 130). The route and order of the procession are determined by the parish priest, always subject to any legitimate rights of precedence (can. 1233 § 3). It is forbidden for clerics to carry the coffin of a layperson, regardless of the latter’s dignity (can. 1233 § 4).
Those who are unbaptized are excluded from ecclesiastical burial (can. 1239 § 1); catechumens, however, who through no fault of their own did not receive Baptism before death, are equated with the faithful for burial (§ 2). As a general rule, ecclesiastical burial is granted to all the baptized, unless expressly denied (§ 3).
Canon 1240 lists six categories of persons to whom ecclesiastical burial is denied, if they did not show signs of repentance before death (e.g., calling for a priest, kissing the Crucifix, reciting the act of contrition): 1) those notoriously apostate from the Christian faith or notoriously enrolled in a heretical, schismatic, masonic, or similar sect; 2) those excommunicated or personally interdicted following a condemnatory or declaratory sentence; 3) those who committed suicide with deliberate intent; 4) those who died in a duel or from wounds received in a duel; 5) those who disposed of their bodies to be cremated; 6) all other public and manifest sinners.
The denial of ecclesiastical burial also entails the refusal of any funeral Mass, including anniversary Masses, and of other public funeral offices (can. 1241), and, where possible, the exhumation of the excommunicated person who was illicitly buried in a sacred place (can. 1242, 1214 §, 1212). In cases of doubt, the decision should, if possible, be referred to the Ordinary; if doubt remains, ecclesiastical burial cannot be denied, though any occasion for scandal must always be removed (can. 1240 § 2).
After burial, the minister must record in the appropriate book the name and age of the deceased, together with the names of the parents and spouse, the time of death, the reception of the Sacraments and the minister who administered them, the place and time of burial (can. 1238). For fees, V. PORZIONE PARROCCHIALE; STOLA, DIRITTI DI.
S. «MORE MAIORUM». — This practice was introduced for great personages who died far from their homeland, in order to bring at least their bones back for burial. It was practiced by the Germanic peoples, beginning with the troops of Frederick Barbarossa decimated near Rome in 1167 during a severe epidemic. On that occasion, the corpses were boiled to transport only the bones, which could easily be separated from the soft parts. A similar practice was revived during the Crusades of the Teutonic Knights; such treatment was even applied to Barbarossa himself, who drowned in the River Saleph in Syria. The same was done with Philip the Bold and St. Louis IX, who died in 1270 under the walls of Tunis.
Soon, this custom aroused such horror that in 1300 Pope Boniface VIII issued a bull of excommunication against those who boiled and mutilated human bodies for burial far from the place of death, and forbade the burial in consecrated ground of human remains that had undergone such treatment. In the past, this bull was erroneously interpreted as a prohibition by ecclesiastical authority against anatomical studies. On the contrary, at that time the Church was protecting scholars from the wrath of the people, who abhorred human dissections, by granting, where necessary, special dispensations for performing “anotomies” and overseeing anatomical studies.