to be set apart for that purpose. But others say that the space enclosed by the circuit which the Bishop makes around the church must suffice for this. S. Augustine saith in his book on the care of the dead, towards the end, that to be buried near the tombs of Martyrs advantageth the dead in this, that by commending him to the guardianship of the Martyrs, the earnestness of our supplication for him may be increased.

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13. Of old time men were buried in their own houses but on account of the stench thereby engendered, it was decreed, that they should be buried without the city, and certain places should be set apart by sanctification for that purpose. But noblemen were buried in mountains, both in the middle of them, and at the foot: and also under mounds raised of their own expense.5 But if any one be slain in besieging a town, where there is no cemetery, let him be buried where he can. But if a merchantman or pilgrim die by sea, and any inhabited land be near, let him be buried in it but if no port be near, let him be buried in some island. If however, land cannot be seen, let a little house of timbers (if they can be had) be made for him, and let him be cast into the sea.

14. In a Christian cemetery none may be buried but a baptized Christian: nor yet every such an one neither: one namely slain in the act of sin, if it be mortal sin, as if he were slain in adultery, or theft, or some forbidden amusement. And also where a man is found dead, there let him be buried, on account of the doubtful cause of his death. But if any one dieth suddenly in games accustomably used, as the game of ball, he may be buried in the cemetery, because it was not his desire to injure any one:

5 Sub propriis podiis. For some account of the curious word podium, whence pew or pue is derived, see the CAMBRIDGE CAMDEN SOCIETY's History of Pues. (Or the Supplement, pp. 6, 7.)

but because he was occupied in worldly matters, some say that he ought to be buried without psalms, and the other obsequies of the dead. But if any one attacking another in a strife or tumult dieth impenitent, and hath not sought the Priest: he ought not, as some say, to be buried in the cemetery: nor yet he who hath committed suicide. But if any one dieth, not from any manifest cause, but from the visitation of GOD alone, he can be buried in a cemetery. For the Just Man, in what hour soever he dieth, is saved. The rather if he were following some lawful occupation. To defenders of justice and those who are engaged in a pious fight, the cemetery and the office of burial are freely conceded: yet they who come to a violent death are not borne into the church, lest the pavement be polluted with blood. But if any one returning from any place of fornication be slain in the way, or be slain any where, where by unforeseen case, he hath tarried, he is not to be buried in the common cemetery; and this if it can be proved, by evidence sufficient for a court of law, that he had not confessed after the act of fornication nor was contrite: otherwise he ought to be buried.

15. Again, a woman who dieth in child-birth ought not to be carried into the church, as some say, but her obsequies must be said without the church, to which I agree not otherwise it would be as if she died in fault. Whence she may allowably be borne into the church.

16. But stillborn and unbaptized children are to be buried without the cemetery. Some say however, that they should be buried with the mother, as being a part of her body.

17. A man and wife are to be buried in the same sepulchre, after the example of Abraham and Sarah: (unless a wish be specially expressed to the contrary.) Whence also Tobias commanded his son, that when his mother had

accomplished her days, he should bury her in the same grave with himself.6 Also every one is to be buried in the sepulchre of his fathers, unless from a principle of devotion he hath chosen another sepulchre. But it was decreed in the Moguntine Council, that they who have paid the extreme penalty for their crimes, if they have confessed, or have desired to confess and have communicated, may be buried in the cemetery, and the Mass and Oblations may be offered for them. How the human body is to be buried, shall be said under the section of the Office for the Dead.