CONSISTORY COURT, MAY 4. Gilbert v. Buzzard and Boyer. -In this singular case, which related to the fees due to the parish for burial in iron coffins, the Consistory-court had directed affidavits to be filed, as to the comparative durability of iron and wood; and, these having accordingly been obtained from professor Brande, Messrs. Aikin, Parkes, &c.; and counsel having been heard at length thereon:Sir William Scott, in giving his judgment on the Table of Fees, observed, that in this case he was now called upon to determine the amount of fee fairly due to the parish for the interment of iron coffins. In delivering his former opinion, he had come to the conclusion, that if these iron coffins were more durable than those constructed of the usual materials, adequate compensation ought to be made to the parish for their longer duration, and a larger fee paid for their admission. Their proportionate duration, however, still seemed a controverted point; and in a case like this, where there was no experience to guide him, to reach any thing like exactness in fixing their compa

rative durability, was an expectation not to be indulged. The fact itself, of their duration, was influenced by so many various circumstances, as to make any general result, even when founded on experiment, in some degree doubtful. The only illustration the case had received, was derived from persons skilled in chemistry, but they could give their opinions on the subject only from analogy. In looking at this evidence, he saw, as was usually the case in matters of opinion, the most conflicting testimony; nor could the court presume to give a decisive judgment, when those most conver sant with the subject had left it in a state of doubt; the judicial aphorism-perito in arte sua credendum, could in this question have no application; and the only alternative was, to look at the opposing evidence, and endeavour to ascertain on which side the balance rested. Looking at it in this point of view, he could not but express his conviction, that the balance was on the side of the greater durability of iron; and although it might be thought that he was in some measure influenced by his own prepossessions, he was bound to

say, that on referring to the affidavits, he thought the weight of the argument rested with Messrs. Brande and Aikin, who fixed the proportionate durability of iron and wood, as three to one. A test had been suggested to him, by a person of much various and accurate information, founded on the results of the casual discovery of these substances: both wood and iron have frequently been found together deposited in the soil, where they had been laid either accidentally, or in pursuance of the ancient usage of the country, and discovered afterwards at very distant periods of time. Three different states of the soil in which these substances had been found, might be presumed; one where the ground had remained dry through out the whole period; in such a soil both substances might be supposed entitled to a sound longevity; rust would not corrode the one, nor rottenness decay the other, where moisture and the external air were excluded. In this state Egyptian mummies, ascertained to be of 2,000 years standing, had been discovered, composed, as it was said, of the sycamore of the country; which might hence be aptly termed, as Pliny had characterized the larch, the "immortale lignum." In the very interesting account given by sir Henry Halford, of the disinterment of Charles I. at Windsor, it is observed, that the wooden coffin was found to be very much decayed, though it had been protected from external injury by being inclosed in lead, carefully soldered, and internally secured from those gaseous vapours proceeding from dead bodies, by cerecloths and spices. Another state in which

these substances had been found in contact with the soil, was where they were entirely or partially covered with water, either salt or fresh; frequent instances had occurred of old anchors, bolts, and chains, having been fished up, after having remained under water for an unknown length of time; and the keys of Lochleven-castle were recovered from the sea 250 years after they had been thrown in upon the flight of Mary from that castle. It must, however, be allowed, that the piers of Trajan's-bridge over the Danube, and the Cowey stakes in the Thames, supposed to have supported 'the bridge over which the army of Cæsar passed, are striking instances of the durability of wood under certain circumstances. The third state of the soil is that in which these substances are subjected to alternations of moisture and dryness; here both decay, but at different periods: and it is a well-known fact, that of the various weapons that are frequently discovered in the ancient tumuli or barrows, the metallic heads of spears, and the blades of swords and daggers, are found in a condition from which they might easily be restored to their ancient or any other metallic use; whilst the wood that formed the handle, the haft, and the connecting parts, was entirely decomposed and associated with the soil, so that no traces could be found of them. Numerous instances of this are mentioned in the English Archæologia. It appears in an affidavit made by three persons on behalf of the patentee, that on taking up a child's coffin which had been deposited for only a short time in the soil, it was discovered to be

greatly covered with rust; but the court could not infer any thing from this one instance; various accidental circumstances might have concurred to produce this effect; the covering of rust, besides, would, he imagined, have tended to protect the metal from further decomposition. It was upon these species of evidence, his own impressions, imperfect as they were, upon the subject, the common apprehensions of men, and the result of various experiments by scientific persons, that he was now called upon to act, such being the only evidence that he had been able, by great industry of his own, and the valuable assistance of those much more competent on the subject, to collect; and should the conclusions he had come to, hereafter appear to be erroneous, it was for the justice of the parish to correct any error; and if they failed in their duty, it was for the court to enforce it. The mode of fixing the increased taxation was now the remaining question to be considered; and here he apprehended that no general measure of quantum could be established, as it depended upon so many various circumstances, acting differently in different parishes; the size of the burial ground, with reference to the population, the possibility of enlarging their ground, the facility of purchasing new ground, these, and many other circumstances, rendered the fee to be established for one, no rule for other parishes. Amongst the fees that had been laid before him, as agreed upon by various parishes, there were demands which, he confessed, startled him. That of St. Dunstan in the West

had been proposed to be 251. but then it was to be considered that this parish was extremely populous, in the heart of the metropolis, closely surrounded by buildings, with churchyards extremely circumscribed, and at a great distance from the environs of the city. The fee of 217. for the parish of St. Mary Islington, appeared exorbitant, as ground there, though highly valuable, was much more attainable; he was, however, not prepared to say that it might not be justified. An objection had been made to the application of the fee and the proportion allotted to the incumbent; but the present party had no right to look into this; if the fee were a proper one, that was enough for him; and it would be foreign to the present question, to show that the freehold was in the incumbent, although in many instances in London, parishes have acquired by time a concurrent right. In the Table of Fees before the court, the sum charged is for a metallic coffin; and that, without impropriety; for it appears, under the patent, that the patentee has secured to himself a right to offer brass, tin, or any other metals or composition of metals. This court cannot limit human art, nor is it possible to say, looking at the discoveries of our own days, whether other metals may not be brought within attainable compass. It was worthy of observation also, that coffins were, from their construction, out of the reach of internal examination, and there were no means to prevent their being varnished, painted, or tinned, without fear of discovery; while parishes will still be under the neces

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sity of receiving them, on the bona fide of the maker; for he is not excluded, under the patent, from introducing more durable metals. It appeared too much to say that the coffins would be always of the exact quality of those specified in the articles; parishes, therefore, have a right to to guard themselves against other disguises. parish of St. Andrew, Holborn, the subject of the present dispute, was in the most crowded part of the town, with a dense population, both of living and dead: both populations were rapidly increasing, and in the four cemeteries belonging to it, the bodies were as closely packed as decency would admit of. And he would ask, was a parish thus circumstanced fit for an experiment like this, for such it must be deemed by its most favourable advocates? When he weighed the serious inconvenience to the parish, against the individual profit of the patentee, he could not hesitate on such an alternative. The patentee must be contented to await the issue of further experiment and observation, before he could reap that abundant harvest which would hereafter accrue to him, if it should turn out that his premises were well founded. Let experience show that the apprehensions of the court were groundless, and it was to be hoped that parishes would be then ready to do their duty; but the court must know much more than it at present did, before it could overthrow its present opinion. The sum proposed to be charged in the table of fees for iron coffins, was 10l. extra; and what made it of more weight was, that the parish of St.

George, Hanover-square, a parish peculiarly well governed, had adopted the same. Had it fallen to the court to fix the quantum, it would probably have fixed a lower fee, and in other parishes he observed that to be the case; St. Saviour, Southwark, had proposed 5.; and St. George in the East, 6l. 9s. 6d. Doubtless the matter had been well considered by them, and there were good grounds for the fees proposed; and it was not for the court to disturb what had been done, founded, as he concluded it to be, on local circumstances. The court could not, in the face of evidence, where the preponderance was considered to be in favour of the durability of iron, come to any other decision. The only point upon which he hesitated was, the condition in the Table of Fees, that the depth of the graves in which metallic coffins were to be deposited, should be 15 feet; and he must confess, that he could see neither the justice nor prudence of this proposition; if the parish demanded and received a larger fee for iron coffins, they were entitled to the same ground as those of wood, the additional fee being a compensation for their longer duration; he still more objected to it on the ground of the increased expense to which parties would be subjected for a grave of that depth; besides, if such a measure were adopted, parishes would have no means of observing the decay of these coffins by occasional observation, so as hereafter to come to a practical conclusion on the subject. The learned judge concluded by expressing a wish, that this point should be re-considered, and when they had