HL Deb 20 July 1868 vol 193 cc1473-5

Amendments reported (according to Order).

THE EARL OF KIMBERLEY moved that the 4th clause, as amended, be omitted. The clause was designed to apply to certain parish churches recently erected on new sites, the churchyards of which were purchased solely for the use of the persons worshipping in the churches. If that were so the churchyards would be solely for the use of members of the Established Church; and in that case the Bill would not, and ought not, to have any application to them. He was informed, however, that it went further, and that it would apply to certain small graveyards as to which it would result in positive inconvenience to exclude certain persons from being buried in them.

Moved, to omit Clause 4, as amended.


said, that no real argument had been advanced against the clause when it was proposed in Committee. He himself considered that the clause was a very fair one. The clause merely declared that any claims for exemption were to be determined by the Lord Lieutenant in Council. The Bill itself only dealt with the performance of the burial service. Particular churchyards would practically be reserved for the Established Church congregations, because persons would not allow their relatives to be buried unless their own burial service was read over them. Their Lordships should not, he thought, be too critical upon the Bill, because it stood upon, and was framed upon, a wrong basis; for the framers of it were in error in thinking that there was any right of burial in the churchyards in question. Any right of sepulture in the parish churchyards was simply a right conferred by Lord Plunket's Act. He thought there was no foundation for the objections urged against the clause.


replied, that whatever might be the foundation of the Bill, the clause, as it stood, had no foundation at all, for it would not enable the Lord Lieutenant to do anything.


objected to the Bill generally, holding it to be wholly unnecessary, and calculated, if passed, to prove an element of discord in Ireland.


had been astounded at the introduction of that Bill—especially at the present most inopportune time. The measure would only increase religious animosities in Ireland, and work most mischievously. It would repeal the necessary precautions provided by Lord Plunket's Act without establishing any substitute for them; and now, when the most rev. Prelate (the Archbishop of Armagh) proposed a most reasonable protective clause, which did not interfere with any private rights, the noble Earl (the Earl of Kimberley) must needs oppose it. That noble Earl, because he happened casually to have once held high Office in Ireland, thought he knew something of that country, and presumed to take charge of all its interests. God forbid that his unfortunate country should ever again fall under that noble Earl's administration


said, that persons who came to perform the rites of burial when another burial according to the rites of the Church was proceeding, would be acting illegally, and would be punishable according to the existing law.


said, he would not trouble their Lordships to divide.

On Question? Resolved in the Negative.

Bill to be read 3a Tomorrow.