Ditantur flammæ: non unquam opulentioan ille ante cinis: crepitant gemmæ: atque immane litescit argentum, et pietis exsudat vestibus aurum. The laws of the twelve tables prohibited the practice of this waste of gold.
Both religious and civil motives might have dictated the propriety of this regulation. The traveller, setting out upon a journey, and passing by the sepulchres of his sires, could in the presence of their manes invoke their protection; and on his return to his penates, safe from danger, he could put up thanks to the gods for his preservation. As a prudential measure, the interment of the dead beyond the walls of their towns prevented the fatal consequences that might have arisen from extensive putrefaction and infection, and moreover the burning of bodies would have exposed the adjoining buildings to the danger of frequent fires. It is also possible that policy dictated these sanatory enactments. The ancients held the remains of the departed as a sacred trust, in the defence of which they were ever prepared to fall; and it is not improbable that their warriors would have rushed forth to meet the invader, before he would have defiled, by his approach to their cities, the ashes of their ancestors. So scrupulously religious were the Athenians in performing the funeral rites of the dead, that they put to death ten of their commanders, after the battle of Arginusæ, for not having committed to the earth the dead bodies that floated on the waters. Such was the dread of being deprived of sepulchral rites, that it is related of several citizens of Cappadocia, that during the pestilence that devastated their town in the reign of Gallus and Valerian, they actually shut themselves up to perish in their tombs.
There is no doubt but that their dead were buried in such a manner as not to prove injurious to the survivors; and Seneca plainly says, “Non defunctorum causâ, sed vivorum, inventa est sepultura.” The ancients both burned and buried their dead, but inhumation appears to have been the most early and the most approved rite. “Let the dead be buried,” says a law of Cecrops. Solon justifies the claims of the Athenians to the island of Salamis, from the circumstance of the dead bodies interred on its shores having been inhumed according to the Athenian custom, with their feet turned to the west, whereas the Megarensians turned theirs to the east.
In various instances the burial or the burning appear to have been adopted upon philosophical doctrines. Democritus, with a view to facilitate resurrection, recommended interment, and Pliny thus ridicules the intention: “Similis et de asservandis corporibus hominum, et reviviscendis promissa à Democrito vanitas, qui non revivixit ipse.” Heraclitus, who considered fire as the first principle, advocated the funeral pile; while Thales, who deemed water the chief element, urged the propriety of committing the departed to the damp bosom of the earth. Although burning the dead was customary, there were curious exceptions to the rule. Infants who died before cutting their teeth, persons struck dead with lightning, were buried. The place of interment of infants was called the suggrundarium.
The early Christians inhumed the bodies of their martyrs in their temples. This honour was afterwards conferred on the remains of distinguished citizens, illustrious prelates, and princes. The infectious diseases which at various periods arose from this custom, induced Theodosius, in his celebrated code, strictly to prohibit it; and he even ordered that the remains of the dead thus inhumed should be removed out of Rome. The vanity of man, and the cupidity of the priesthood, soon overruled these wise regulations. Every family possessing sufficient means, claimed a vault within the churches, and thereby the revenues of the clergy were materially increased. At all times, even the dead appeared to have shared with the living the obligation of supporting the ministers of the altar. By a law of Hippias, the priestesses of Minerva received a chœnix[6] of wheat, and one of barley, with an obolus, for every individual who departed this life. The libitinarii of the Romans fulfilled the duties of our undertakers, or rather of the directors of funeral pomp of the French; yet they were attached to the temple of the goddess Libitina, whose priests received a fee in silver for every one who died, under the name of Libitinæ ratio. Suetonius informs us, that in Nero’s time the mortality was so great during one autumn, that thirty thousand of these silver pieces were deposited in the fatal treasury. To increase the emoluments of this sacerdotal body, these libitinarii sold at high prices every thing that was requisite for the funeral ceremonies, received a toll at the city gate through which the bodies were carried out, as well as at the entrance of the amphitheatre through which the dead gladiators were borne away. Phædrus alludes to this speculation in one of his fables, when speaking of a miser,
Qui circumcidis omnem impensam funeris,
Libitina ne quid de tuo faciat lucrum.
It is supposed that this avaricious divinity owed her name to the displeasure which it must have occasioned to all who heard it,—quòd nemini libeat; but it is also possible that it was derived from her bearing poor mortals away, whenever she fancied it, and ad libitum.
In more modern times, Theodolphus, Bishop of Orleans, complained to Charlemagne that lucre and vanity had converted churches into charnel-houses, disgraceful to the clergy and perilous to the community. It was upon this representation that this prince, in his capitularies, prohibited burials in churches under heavy penalties. But the laws of the wisest could not prevent priesthood from considering this source of emolument, although endangering public salubrity, an indisputable property that could not be meddled with without endangering the church.
In England the custom of burying the dead in churches was first sanctioned by Cuthbert, Archbishop of Canterbury, in 758, it having been previously forbidden by Augustine, who had decreed that no corpse either of prince or prelate should be buried within the walls of a city.
In France, Maret in 1773, and Vicq d’Azyr in 1778, pointed out the danger of this practice in such glaring colours, that government by an edict, only allowed church interment to certain dignitaries; but in 1804, by a wise law that should be enforced in every civilized country, inhumation in cities was entirely abolished. Amongst the numerous well authenticated evil results of burying in churches that led to this wise prohibition, the following were the most striking and circumstantial: