HC Deb 15 August 1867 vol 189 cc1592-4

Bill, as amended, considered.

MR. GILPIN

moved the insertion of the following new clause:— When any land is added to an existing Churchyard, a portion of such land shall be allotted for burials otherwise than in accordance with the rites of the Church of England, and the amount and situation of such unconsecrated portion shall be determined by the vestry of the parish, subject to the approval of one of Her Majesty's principal Secretaries of State. He claimed for Dissenters, living or dying, the rights of parishioners as much as if they were members of the Church of England. Up to the year 1852 Dissenters were absolutely ignored in the arrangements made for public burial places; but in that year the Burial Acts were passed, and since that time the Legislature had shown the utmost desire to legislate fairly and equally for all classes of Her Majesty's subjects in this matter. He knew some hon. Gentlemen would think he was claiming something unfair in asking that on any gift of land added to a churchyard certain rules should be imposed which might not be in accordance with the views of the giver; but he did not seek to interfere with free gifts at all unless the parties came to Parliament to obtain Parliamentary sanction for what they did, and in that case he thought it was only right that the provision embodied in his clause should apply. If a Dissenter presented ground to enlarge a churchyard, he would ask hon. Members if they would agree to the giver providing that no part of that ground should be consecrated. The cases were similar, and he desired to put an end to those occurrences which he thought were on the increase in the country, where a clergyman of the Church of England should feel it his duty to refuse what he believed to be Christian burial to any one who had died unbaptized. In Scotland there were something like a thousand churches with graveyards attached, which graveyards were unconsecrated. He did not make this appeal on behalf of the members of the society to which he belonged, for they had graveyards of their own, and they did not believe in consecration, considering that no consecration could make the ground holier than it was originally created by the Almighty. He asked, in the words of William Howitt— Does the honest quaker sleep less sound, or will he wake less joyful at the judgment day, because he sleeps in ground over which there have been no prelatical performances, and for which neither Priest nor Prelate has portrates á dcoit? Believing, then, that consecration was unnecessary, and that every parishioner had a right to Christian burial in the churchyard of his parish, whether he was a Dissenter or a Churchman, he begged to move the insertion of this clause.

Clause brought up, and read the first time.

MR. GATHORNE HARDY

regretted that he could not accede to the clause. He had no wish, however, to treat with disrespect the feelings of those who differed from the Church. There was no doubt that the doctrine of the Church of England forbade clergymen to give Christian burial according to the usage of the Church of England to the bodies of unbaptized persons. But he did not think that a person who gave a piece of land to enlarge a churchyard should be compelled to give another piece for a purpose he did not contemplate; that was unreasonable, and could not be maintained in argument. It seemed to him that pro- vision was made in every way for the burial of Dissenters. There were few parts of England in which there were not graveyards where Dissenters had their own burial ground. The present Bill was to lower the fees received by the Bishop or his officers for the consecration of churchyards, and to give a short form of conveyance of title. He regretted that he could not accede to the hon. Gentleman's Motion.

MR. NEATE

supported the clause.

MR. CANDLISH

also spoke in favour of the clause, and expressed his regret that it was opposed by the Government.

Motion made, and Question put, "That the clause be read a second time."

The House divided:—Ayes 14; Noes 33: Majority 19.

Bill read the third time, and passed with Amendments, and an amended Title.

House adjourned at a quarter before Two o'clock.