The Earl of Radnor ,after the clerk had read the act of last session which makes provision for burials in Ireland, addressed the House in support of a bill for repealing that act. The noble lord said, that his objection to this act was founded altogether on a religious question. He then entered into a history of the introduction of the bill on which the act is founded, and of the transactions in Ireland which gave occasion to its introduction. The act which he now proposed to repeal was a protection for all sorts of heresies. The language of it was inaccurate. Referring to the act of king William, it was enacted, that the same "shall stand and be repealed." The act seemed intended to enable every sect to disturb the church. In order to correct this impropriety, he would submit to their lordships for a first reading, a bill "for regulating interments in Ireland in a more decent and orderly manner."
The bill was read a first time.
The Earl of Liverpoolsaid, he could not consent to such a bill. The noble lord had truly said, that this was a religious question. Whether there was any thing ungrammatical in the bill he could not say; but certainly, no measure had ever received more consideration; and it had produced public quiet and peace on a subject which had previously been a source of disturbance. The noble lord objected to the words "stand and be re- 1012 pealed;" the language might not be very elegant, but the words were part of the common legal phraseology of bills. The act restored the right of burying in monasteries; but as some old monasteries had become private property, it was necessary to introduce a clause to protect that property. With regard to churchyards, it was not doubted that all sects, whether Catholics or Dissenters, had the right of burial in those of the parish in which they resided: but out of this there arose an embarrassing religious question; namely, whether the clergyman was on all occasions bound to perform the burial service of the church of England. The performance of the rites of the established church was objected to by many classes of Dissenters, and more particularly by Roman Catholics. To obviate this difficulty, the first thing done was, to take away all obligation on the clergyman to perform the burial service; and next, to give to Roman Catholics the opportunity of reading their prayers in the churchyard. The act, therefore, provided that this might be done on notice being given to the curate. He knew it had happened with respect to this bill, as with many other measures, that it pleased the extremes of neither party; but it had attained its object, and those whom its operation immediately affected appeared to be perfectly satisfied with it. Quiet had followed its adoption; and it had every where been well received. He had allowed the first reading of the bill; but, he would oppose the motion for printing it.
§ Their lordships divided: For printing the bill I; Against it 31; Majority 30.