HL Deb 26 May 1868 vol 192 cc897-8

House in Committee (according to Order.)

Clause 1 (Giver of Land may reserve exclusive Right to the extent of One-Tenth),

LORD STANLEY OF ALDERLEY moved an Amendment, of which he had given Notice, to assimilate the law to that existing in Ireland, where the burials of Roman Catholics and others objecting to the rites of the Church of England might be performed in Church of England burial-grounds (on notice being given to the minister) according to the form of the religion to which such person had belonged.

THE BISHOP OF OXFORD

said, he could not acquiesce in the Amendment of his noble Friend, which would introduce a change into the general law of England. He could not agree with the noble Lord that allowing ministers of different denominations to come into churchyards, and to perform therein different and various services, would tend to peace—he believed it would have a very different result, and would, moreover, be subversive of the very principle of an Established Church. The noble Lord, moreover, was mistaken as to the state of the law in Ireland. It was necessary to obtain the permission in writing of the clergymen in Ireland before any service other than that of the Church of England could be performed in the churchyard; but the Amendment of his noble Friend proposed that the right to come in should be absolute, subject only to a time to be fixed by the clergyman.

THE EARL OF KIMBERLEY

said, the Amendment proposed by his noble Friend was exceedingly desirable. If adopted, it would have the effect of putting an end to some very scandalous exhibitions which now occurred when clergymen happened to possess more zeal than discretion.

LORD STANLEY OF ALDERLEY

, in reply, was understood to express a hope that the right rev. Prelate (the Bishop of Oxford), upon reflection, would be able to look favourably upon the principle embodied in the Amendment which had been admitted in Ireland and not refuse a similar concession in England. He would not trouble their Lordships to divide.

Amendment negatived.

Bill reported, without Amendment.

LORD REDESDALE

moved the omission of "one-tenth," with a view to substitute "200 square yards" as the amount of land which a donor might reserve for himself and family.

THE BISHOP OF OXFORD

said, he had no objection to allow "one-sixth" to be substituted for "one-tenth;" but decidedly objected to limit a donor's reserved ground to 200 square yards. His object was to induce persons to make as large grants of land as possible.

Word "One-tenth" struck out; "One-sixth" inserted instead thereof.

Clause, as amended, agreed to.

Another Amendment moved, and negatived.

Bill to be read 3a on Thursday next, and to be printed as amended. [No. 124.]