Reburial and Commemoration
Durham University had responsibility for deciding where the remains should be reburied and how best to commemorate the soldiers. After a period of consultation and consideration, the University’s Project Team concluded that the remains, discovered on the City’s UNESCO World Heritage Site in November 2013, should be reburied in Durham. The remains were laid to rest at Elvet Hill Road Cemetery in Durham City, which is less than a mile from the original exhumation site, on Friday 18 May 2018.
The University also installed a plaque near to the site where the remains were originally discovered as a permanent commemoration to all the soldiers. The plaque was unveiled as part of a commemorative event for the soldiers, held on 12 May 2017.
When taking the decisions regarding reburial and commemoration the University had to consider its ethical, moral and legal responsibilities in relation to the remains. The decisions taken were approved by both the University’s Executive Committee and the University Ethics Advisory Committee.
To ensure that the decisions taken by the University were fully informed, an extensive period of consultation was undertaken. This included two public meetings, one in Dunbar and the other in Durham, which was attended by approximately 250 members of the public. At these events, the University’s Project Team presented its research and listened to the views of those present on the options for further research (a programme of which has now begun), reburial and commemoration.
The University also hosted meetings with key groups and individuals interested in the project, relevant academics, local government and council representatives. These meetings helped the team to understand the range of considerations regarding reburial and commemoration, as well as the case for support relating to each of the options being considered.
Finally, the University also consulted with relevant professional bodies and experts in the field of archaeology. Professor Chris Gerrard, who has led the Durham University Project Team, said: "All those we consulted with agreed that a respectful and dignified reburial of the remains and a fitting commemoration to all the Scottish soldiers was vital.
"Extensive consultation has helped us to make a fully informed decision regarding what should happen next both in terms of reburial and commemoration."
Reburying the remains
A number of different options regarding reburial were presented to the project team including:
- Reburial in Durham at the nearest lawful burial place to the site of exhumation
- Reburial elsewhere in Durham
- Reburial in Scotland
In considering the options the University had to be sure that its final decision was ethically and morally sound, as well as legally compliant.
Reburial in Durham at the nearest lawful burial place to the site of exhumation
Reburial in Durham, at the nearest lawful burial site to where the remains were originally found, was seen as both ethically and morally responsible.
The remains of the soldiers were found in a mass grave during construction work on Durham University’s Palace Green Library café in November 2013. None of the skeletons exhumed is complete as, in keeping with archaeological best practice, only those remains directly affected by the construction work were exhumed.
Identification of the remains as those of Scottish soldiers from the Battle of Dunbar answered an almost 400-year-old mystery as to where those soldiers who died had been buried. As an estimated 1,700 prisoners from the battle died and were buried in Durham it is very possible that there are more mass graves under buildings on Palace Green which have been constructed since.
As none of the skeletons exhumed is complete there were ethical concerns about separating these skeletons from the remainder of their bodies any further than necessary.
Furthermore, it was felt that, morally, keeping the exhumed skeletons as close as possible to their comrades, who remain buried on Palace Green, would be appropriate.
Legally, reburial in Durham is in accordance with the standard terms of an exhumation licence granted by the Ministry of Justice. There is also established precedent around this approach, with the remains of King Richard III of England, which the team took into consideration. In that case, following a judicial review, it was ruled that the remains of King Richard III should be reburied in Leicester, rather than being moved to York. Reburial of the remains in the closest lawful burial site is also in line with archaeological best practice.
Professor David Cowling, Pro-Vice-Chancellor (Arts and Humanities), at Durham University, said: "The decision on where to rebury the soldiers was very complex.
"As a project team, we were acutely aware of the strength and depth of interest amongst many about the fate of these soldiers, whilst at the same time recognising our ethical, moral and legal obligations.
All options were explored fully by the project team and in the end it was felt that the case for reburying the remains in Durham was strongest.Professor David Cowling
Durham University will be working with Durham Cathedral and all interested parties, including the local church and churches in Scotland to plan a suitable reburial service. During consultation, it was suggested that Scottish soil be used for the reburial which is something the Project Team has taken forward.
Reburial in Scotland
Returning the remains to Scotland for reburial was another option considered by the University. During consultation, the University Project Team was presented with case studies from other countries, including Australia, New Zealand and the USA, where remains have been returned for reburial. A number of locations for reburial in Scotland were also suggested.
In considering this option the University was mindful of legal precedent, such as that set by the case of England’s King Richard III discussed above, as well as archaeological best practice. English law differs from that of the other countries where case studies were highlighted and therefore direct parallels could not be drawn.
The moral case put forward for reburial in Scotland was to ‘bring the soldiers home’. However, our analysis has shown that not all the remains exhumed were Scottish and therefore the concept of ‘home’ is not simple.
Ethically, there were also concerns raised through the consultation about the separation of these remains from those which are still buried in Durham.
With these considerations in mind the team decided that reburial in Scotland would not satisfy the legal, moral and ethical responsibilities they had.
Reburial elsewhere in Durham
During consultation it was also suggested that the bones should be reburied elsewhere in Durham, such as at Durham Cathedral or on Palace Green. However, neither option was suitable.
Palace Green is not a lawful burial site and therefore legally could not be considered.
There have been no interments of bodies at Durham Cathedral since 1938 and it therefore does not represent a lawful burial site, either.
Commemorating the soldiers
Durham University agreed that, in addition to a dignified and respectful reburial, it was important that the Scottish soldiers be permanently commemorated.
On 12 May 2017, a plaque was dedicated to the soldiers in the courtyard of the café at the University’s Palace Green Library, close to the site where the remains were originally discovered.
An existing plaque within Durham Cathedral which is dedicated to the soldiers was also updated to remove the reference to the soldiers’ place of burial being unknown. Special prayers and a blessing were offered during the Cathedral’s Evensong service on 12 May 2017.
The remains of the Scottish soldiers were reburied in Elvet Hill Road cemetery on 18 May 2018. A simple graveside service was held and the remains were reburied in a bespoke casket. Both the service and casket were intended to reflect the traditions of the Seventeenth Century.
During the reburial service, attendees were given the opportunity to scatter a handful of Scottish soil into the grave, in acknowledgement of the origins of many of the soldiers.
The reburial service was designed by Durham Cathedral, and representatives from the Church of Scotland and the Scottish Episcopal Church were invited to comment, to ensure a respectful and dignified final committal.
The reburial service was open to all and Durham University invited groups and individuals who have taken an interest in the project, together with community representatives from Dunbar and Durham, and academics who undertook research on the remains, to attend the service and pay their last respects.
In due course, a simple headstone will mark the grave, the wording for which was agreed in consultation with members of the public. The headstone will read:
“Here lie the remains of those Scottish soldiers from the Battle of Dunbar who died in Durham 1650-1651, were excavated from Palace Green Library in 2013, and were reburied here on 18 May 2018.”
A small sample of teeth has been retained from the skeletons to allow for future research as new techniques and opportunities become available. You can read more about the reburial service here.
Supporting Academic Papers
Scottish Soldiers Project - Reburial and Commemoration
Durham University has announced the decisions taken regarding reburial and commemoration of the remains of 17th Century Scottish soldiers discovered in a mass grave on the city’s UNESCO World Heritage Site in 2013. The soldiers remains will be reburied in Durham City and a plaque will be placed near to the site where they were discovered as a permanent commemoration.
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