PETITION. (Hansard, 19 June 1857)

VISCOUNT DUNGANNON
presented a petition from the Rev. William Palin, rector of Stifford, Essex, praying that a Select Committee may be appointed to inquire into the canonical obligations and usages of the Established Church in connection with the subject of burial, with the view of allaying such doubts and disputes as now frequently arise regarding the necessary and lawful incidents of all new cemeteries constituted under Acts passed in the 15th, 16th, 17th, 18th, and 19th of Vict., or that a declaratory Act defining the same may be passed. The noble Lord remarked, that the main question in dispute was the nature of the boundary wall separating that portion of a cemetery which was consecrated and devoted to the use of members of the Established Church from that which was unconsecrated and placed at the disposal of Dissenters. It was much to be deplored that some declaratory Act had not been passed, describing exactly what the boundary wall should be. He quite agreed with the petitioner, that it was important the question should be set at rest, because it appeared to be giving rise in more dioceses than one to feelings of a very painful, bitter, and unpleasant character. The result had been, in some parishes, even to deprive members of the church of burial, according to the rites of the Church. He wished to ask the noble Earl (Earl Granville), whether the Government were disposed to introduce a declaratory Act which might set at rest the question of the boundary line between consecrated and unconsecrated ground, or, if not, whether they would support such a Bill if introduced by an independent Peer.

§ LORD WENSLEYDALE
said, he would repeat the opinion he had expressed before—that the Bishop of Exeter had mistaken the canons, and that there was no occasion for an explanatory Act. A dispute arose in the diocese of the late Bishop of Carlisle, and he had occasion to consider the whole subject very fully. It was perfectly clear to him that the 85th canon, 17 which required the churchwardens to put a fence or wall round the churchyard, had no reference to the line of demarcation between the consecrated and unconsecrated parts of a common cemetery, but only required that the churchyard should be fenced all round. The object of the canon was to secure that the churchyard, which was the place of interment for all the parishioners, without distinction of religion, should be protected. It therefore declared that a competent fence should be provided to resist the inroads of trespassers and beasts, and to prevent the churchyard from being desecrated. The canon had no reference to the distinction between consecrated and unconsecrated ground. What that division should be—whether a fence or a permanent line of demarcation, such as was not likely to be obliterated—might, he thought, easily be arranged between the Bishop and the cemetery board, the latter of these divisions between consecrated and unconsecrated ground being quite enough to ratify the canon.

§ LORD REDESDALE
said, he was surprised that the noble and learned Lord did not see that the canon could not possibly comprise unconsecrated ground within the churchyard. The question was as to the requirements of the Church, and he could not be surprised that the Bishops generally did not acquiesce in that view, but thought that the recommendations of the Report on the subject should be adopted.

§ THE EARL OF HARROWBY
said, the Committee were not by any means desirous that there should be any separation at all; but merely suggested a certain kind of separation as the most reasonable.

§ LORD WENSLEYDALE
explained that there was a distinction between churchyards and cemeteries, and that the canon did not refer to cemeteries at all.

LORD CAMPBELL
said, it would be very satisfactory to him to have some definite rule laid down on this subject, as at present there was some litigation going on in the court over which he presided in connection with it. He thought the rule laid down by their Lordships' Committee might be embodied in a short Act of Parliament.

VISCOUNT DUNGANNON
said, he regretted the existence of the present anomalous state of things to which he had called their Lordships' attention, and sincerely hoped that an end would be shortly put to it. He could not help thinking that if the Government were to bring in some short Act which would define what 18 was to be considered a boundary between consecrated and unconsecrated ground in public cemeteries, a painful and constantly recurring subject of discussion, would be henceforward avoided.

THE BISHOP OF OXFORD
said, the question was already rapidly settling itself. Cemeteries in his own diocese had been constituted without any difficulty arising. The conclusion of the Select Committee had gradually helped matters to a settlement, and he thought it was generally understood that that was to be a compromise which would be satisfactory to both parties.