Title — Liber Sextus

Title XII: On Burials

English · Latin · Both

1.

Chapter I

Here a pact concerning the choice of burial is prohibited. Notwithstanding a pact concerning the choice of burial, or concerning a burial already chosen not being changed, a person is to be buried where he was otherwise to be buried by law; and if buried elsewhere, he is to be restored together with all proceeds of the burial. Otherwise, the penalty contained here is incurred. This states the point according to Zenzel.

Boniface VIII.

Wishing to oppose the dangers to souls and scandals that frequently arise from these things, in virtue of holy obedience and under threat of eternal malediction, we most strictly prohibit all religious and secular clerics, of whatever status or condition they may be, from inducing any persons to vow, swear, promise with a pledge of faith, or otherwise promise that they will choose burial at their churches or will thereafter not change a burial already chosen. For if it is done otherwise, we decree that such a choice possesses no validity at all, establishing that those who have chosen in this way can neither be buried in any way at the churches so chosen nor choose burial elsewhere, lest they have occasion to act contrary to a vow, oath, or promise of this kind made by themselves. Rather, all contradiction ceasing, they shall be buried entirely at those churches at which they would have been buried by law if they had perhaps died without otherwise choosing burial.

But if the same religious or clerics presume to bury the aforesaid persons in their churches or cemeteries, we judge them obligated to make full restitution within ten days both of the bodies buried, if they are sought, and also of everything that came to them in any manner on the occasion of those persons' burial. Unless they do this, the churches at which they were buried, as well as their cemeteries, shall from that time by that very fact be placed under ecclesiastical interdict and remain so until full restitution of all the aforesaid things has been made by them.

2.

Chapter II

The canonical portion is not owed to the church that was left, but to the parish church, and to several churches if there are several. — § 1. A new burial can be chosen even in a less religious place. This states the point according to Zenzel.

The same.

When someone whose ancestors were accustomed from ancient times to be buried in some church leaves it and chooses burial elsewhere, the canonical portion is not owed to the church that was left, but only to the church in which that person was accustomed to hear the divine offices and receive the ecclesiastical sacraments. When burial is chosen in a third place by someone who has two domiciles and establishes himself equally in each, the churches of the domiciles shall divide the canonical portion between themselves.

§ 1. If anyone, leaving the ancient burial, chooses a new burial even in a less religious place, we do not wish a choice of this kind to be impugned in any way, although the laws concerning this appear to differ.

3.

Chapter III

The transfer of a person to a certain place for a time does not take away the church's right of burial. This states the point according to Zenzel. — § 1. A deceased woman who married several men is buried with her last husband. This states the point.

The same.

A person who has a domicile in a city or town and sometimes transfers himself to a rural village for the sake of recreation or to carry out rural work there shall, if he dies there without having chosen burial, be buried not in the church of that village, but in his own parish church, or rather in the church in which the burial place of his ancestors existed from ancient times, provided that he can be conveyed to it without danger.

§ 1. A woman who successively had several husbands, if she does not choose burial, is to be interred with her last husband, whose domicile and honor she retains.

4.

Chapter IV

By custom a father can choose burial for an impubescent child, but one who has reached puberty chooses for himself. And this states the point according to Zenzel with regard to the title, but not with regard to the text. Hence this could be added: and he may not bequeath non-castrense goods for his soul without his father's assent. Dominicus.

The same, in the same council.

Although a father can, if the custom of the land so provides, bury his minor children—who cannot choose burial before they reach the age of puberty—wherever he wishes, nevertheless he cannot do this where a custom of this kind does not exist; rather, they are to be interred with their ancestors or in the parish church. Although a son under paternal power can freely choose burial for himself without his father's assent, nevertheless, without that assent he cannot dispose of anything for his own soul unless he has a castrense or quasi-castrense peculium.

5.

Chapter V

Religious cannot choose burial elsewhere unless they are very far from their monastery. This states the point according to Zenzel's understanding.

The same, in the same council.

Religious, unless perhaps they are so far from their own monasteries that they cannot conveniently be carried to them when they die, cannot choose burial for themselves, since they do not have the power to will or not to will; rather, they are to be interred at their own monasteries.