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In defense of the Church's recent prohibitions, it may be urged that the revival of cremation in modern times has in practice been prompted less by considerations of improved hygiene or psychological sentiment than by avowed materialism and opposition to Catholic teaching.

According to the canon law every man is free to choose for himself the burial ground in which he wishes to be interred.

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The canon law recognizes for regular orders the right to be buried in the cemetery of their own monastery (Sägmäller, 453; l. Originally, as burial was a spiritual function, it was laid down that no fee could be exacted for this without simony (Decretum Gratiani, xiii, q. Moreover in the case of the very poor he is bound to bury them gratuitously. Only baptized persons have a claim to Christian burial and the rites of the Church cannot lawfully be performed over those who are not baptized.

If a parishioner elected to be buried outside his own parish, a certain proportion, generally a fourth part, of the fee paid or the gifts that might be made in behalf of the deceased on occasion of the burial was to go to the priest of his own parish. Nowadays the principle is still maintained, but generally the payment to the proprius parochus takes the form of the fourth part of a definite burial-fee which is determined according to some fixed tariff (S. Moreover no strict claim can be allowed in the case of those persons who have not lived in communion with the Church according to the maxim which comes down from the time of Pope Leo the Great (448) "quibus viventibus non communicavimus mortuis communicare non possumus" (i.e.

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Other persons similarly debarred are notorious sinners who die without repentance, those who have openly held the sacraments in contempt (for example by staying away from Communion at Easter time to the public scandal ) and who showed no signs of sorrow, monks and nuns who are found to have died in the possession of money or valuables which they had kept for their own, and finally those who have directed that their bodies should be cremated after death.

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