Burial
Burial
From medieval times until 1855 burial grounds were primarily the responsibility of the heritors and church authorities. In 1563 the privy council was given some responsibilities for directing the maintenance of churchyards.[1] Other legislation relating to burials prior to 1855 mainly aimed at controlling conduct and at promoting first the linen trade and then the wool trade.[2] Most burials were in churchyards although some wealthy families built private family mausoleums or set aside land for family burial grounds. In the 18th century, secession churches and other churches (such as Quakers), particularly in larger burghs, opened their own burial grounds. In some towns there were separate burial grounds for the town’s hospital (or poorhouse), and for certain burgh organisations, such as merchants or trade incorporations. By the mid-19th century many churchyards were full, and burial had become a public health concern, especially following outbreaks of smallpox, typhus and cholera. By the 19th century, overcrowding of churchyards led to the establishment of commercial cemeteries with one early example being the Glasgow Necropolis opened in 1832.[3]
Local authority responsibility for burial grounds began with the Burial Grounds (Scotland) Act 1855 which gave powers to parochial boards and town councils acting as parochial boards to acquire land for burial grounds, close burial grounds, open new burial grounds, and appoint staff to deal with burials[4]. They were also required to maintain a register of burials. Parochial boards were permitted to work together (concur) and this led to cemeteries run by joint committees of two or more local authorities. The Local Government (Scotland) Act 1894 replaced parochial boards with parish councils, transferring all existing powers and responsibilities of parochial boards to the parish councils. The Local Government (Scotland) Act 1929 moved this function to district councils within counties and to town councils of small burghs and large burghs.[5] In 1975 the function transferred to district and islands councils and in 1996 to the unitary councils.[6]
In 1894 the new parish councils were also permitted to accept responsibility for churchyards from the heritors.[7] The Church of Scotland (Property and Endowments) Act 1925 transferred all remaining quoad omnia churchyards from heritors to parish councils.[8] The Local Government (Scotland) Act 1929 confirmed that churchyards remained the responsibility of the secular authorities, which were the town councils of small burghs, town councils of large burghs, district councils of counties or the counties of cities.[9]
The Burial Grounds (Scotland) Act 1855 remained in force until 2016. It was replaced by the Burial and Cremation (Scotland) Act 2016 which was a complete overhaul of the regulation of burials and cremations following widespread concern over the disposal of ashes of babies and maintenance of records of these disposals. This brought in inspection and regulation provisions for burial and cremation authorities and funeral directors and brought in licensing of funeral directors. It also applied regulations to private burials, requiring application to be made to local authorities who also had to maintain a register of private burials. All burial and cremation authorities (both local authorities and private/commercial companies) were required to maintain electronic registers of burials and cremations, to make these available and provide extracts with the right to charge a fee for these services.[10] Moreover, the 2016 act was the first to specify that a local authority must provide a burial ground: previous legislation had been permissive, enabling the local authority to operate cemeteries and crematoria, rather than placing a requirement to provide a burial ground within its boundaries.
Records of burials can usually be found among the records of churches and local authorities. While some churches kept distinct burial registers, others included information about burials in the kirk session minutes and some did not maintain records of burials but did maintain records of the hire of their mortcloths. Local authority burial registers are usually easily found once the relevant local authority (such as a joint committee or other body) has been identified. Lair registers may also be helpful but as lairs are purchased by living individuals, lair registers are subject to data protection restrictions. Plans of cemeteries with lair numbers may also be held in local authority archives services.
Compilers: SCAN contributors (2000). Editor: Elspeth Reid (2021)
Related Knowledge Base entries
Death registers of Catholic churches
Death registers of other churches
Records of municipal and private cemeteries
Records of undertakers and monumental masons
Procurators fiscal records and Fatal Accident Inquiries
Bibliography
Bennet, Margaret, Scottish Customs from the Cradle to the Grave (Birlinn, 2004)
Black, Jimmy and Michael T. R. B. Turnbull, The Glasgow Graveyard Guide revised edition (In Pinn, 2011)
Love, Dane, Scottish Kirkyards (Robert Hale Ltd, 1989)
Turnbull, Michael T. R. B., The Edinburgh Graveyard Guide (Saint Andrew Press, 1991)
Willsher, Betty, Understanding Scottish graveyards revised edition (National Museums of Scotland, 2005)
References
[1] Act [repairing kirkyards] 1563. The Records of the Parliaments of Scotland to 1707, [RPS] ed. by K.M. Brown and others (University of St Andrews, 2007-2021), A1563/6/12 <http://www.rps.ac.uk/trans/A1563/6/12> [accessed 18 May 2021].
[2] Act restraining the exorbitant expense of marriages, baptisms and burials, 1681. RPS 1681/7/38 <http://www.rps.ac.uk/trans/1681/7/38>; Act for burying in Scots linen, 1686. RPS, 1686/4/44 <http://www.rps.ac.uk/trans/1686/4/44>; Act for burying in woollen, 1706. RPS, 1706/10/461 <http://www.rps.ac.uk/trans/1706/10/461> [all accessed 18 May 2021].
[3] Glasgow City Archives GB243/T-MH52/1/1 Merchant House Committee on Cemetery & Quarries. Minutes 1828-1848; Glasgow City Archives GB243/D-CEM1/12 /1 Necropolis interment register 1832-1898.
[4] Burial Grounds (Scotland) Act 1855 (18 & 19 Vict. c.68).
[5] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25) s.1(b).
[6] Local Government (Scotland) Act 1973 (c.65); Local Government etc (Scotland) Act 1994 (c.39).
[7] Local Government (Scotland) Act 1894 (57 & 58 Vict. c.58) s.30 (6).
[8] The Church of Scotland (Property and Endowments) Act 1925 (15 & 16 Geo. V c.33) s.32.
[9] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25) s.1(b).
[10] The Burial and Cremation (Scotland) Act 2016 (2016 asp 20).