Bodies of convicts from a former Dorset prison are set to be exhumed following a long battle.

Dorchester Town Council has agreed to accept the bodies of former convicts from Dorchester Prison at Poundbury Cemetery, which they own. 

The remains include those of Martha Brown, the convicted murderess whose death was witnessed by a young Thomas Hardy and inspired one of his most well-known novels, Tess of the D’Urbervilles, and David Jennings, a convicted murderer, who was the last person to be buried at the yard after he was executed at the prison in 1941. 

The county town prison was closed in 2013 by the Ministry of Justice and sold off for development. But campaigners voiced concerns that any development could be built over the remains of those buried in the former prison grounds. 

Lord Fellowes, creator of Downton Abbey, who lives at West Stafford, threw his weight behind campaigners, saying it would be 'completely unacceptable' for bodies to be left at the site.

City and Country then revealed plans to build 185 homes on the site which were given the go-ahead by council planners February 2017.

Following discussions, Cotswold Architects have now been commissioned to undertake work to exhume the bodies subject to the signing of a legal order by the Bishop of Salisbury.

This would allow the bodies to be sensitively exhumed from the site and presented for reburial. 

Nick Gilbey, who wrote an ITV documentary about Martha Brown in the 1990s stressed that it was important that the bodies were exhumed and given a home at Poundbury.

He added: "Martha Brown is part of Dorchester's heritage as her story has been told in many ways; books, plays and more lately newspaper articles. 

"I have also discovered that dozens of other people have graves in the consecrated burial ground within the prison. 

"It would be good if any descendants of those buried in the prison could get in touch as there are plans for a memorial plaque are reinterred at Poundbury cemetery where people can pay their respects."

A spokesman for Dorchester Town Council confirmed that they were awaiting on City and Country on when the works could start. 

Richard Winsborough, associate director of planning at City & Country, said: “We’ve been working very closely with Dorchester Town Council and the Diocese of Salisbury to reach an appropriate course of action in respect of the prisoner burials at the former HMP Dorchester. 

"We’re pleased that the Town Council has agreed that the burials can be relocated to Poundbury Cemetery and we now must progress the Bishop of Salisbury’s Order to remove the legal effects of the consecration so that the burials can be sensitively exhumed and presented for reburial. 

"The Diocese is currently producing this Order, which we are hopeful of reviewing soon. It is still unknown at this stage when archaeological work can commence to exhume the bodies, however, this should be clearer once the Bishop’s Order is in place.”

A spokesman for the Diocese of Salisbury said that the Bishop of Salisbury welcomed Dorchester Town Council's decision adding it would give the prisoners a more dignified place of rest.

They also said discussions were also ongoing for a memorial plaque for the deceased at Poundbury.