The Express.
London, England, 1863-06-02 00:00:00

THE BURIAL SERVICE

Lord EBURY rose to move an address to bar Majesty
praying for the appointment of a commission to consider
what steps should be taken to obviate the evils complained
of as arising from the present compulsory sod iediscrimmate
ewe of the burial service of the church of England.
In favour of some alteration, a petition, signed by
no less than 4,000 clergymen of the established church,
and including some of the most distinguished of
our clergy, had been presented to the arch-
bishops and bishops, and ha would, with their lordships'
permission, date the circumstances which had earned that
memorial to be promoted. Towards the end of the year
1848 an evil liver in the town of Cambridge, • man who was
habitually intoxicated, was one night turned out of a tavern,
and died is • ditch of suffocation. The case made consider.
able noise in the town. and when it was proposed to the
Rev. Mr. Dodd, the clergy man of the parish, to reed the
burial service over the deceased, he refused, comodeling
that great scandal would arias from the misapplication of
the words :—" Forasmuch as it bath pleased Almighty God
of His great mercy, to take unto Mosel( the soul ourdear
brother here departed," and further, " We give Thee hearty
thanks that it bath pleased Thee, 0 God, to deliver this our
brother, out of the miseries of this sinful world."
EA-yoga admitted that the clergyman had behaved
throughout with the greatest propriety, but having refused
to read the burial service he was cited before the Court of
Arches, and after • lapse of fourteen months was sentenced
to three months' empension and to pay all the caste of the
snit. The case attracted considerable attention in the town
and University of Cambridge, and seventeen clergymen met
and drew up a memorial, of which the following was the
payer :—" We beg to express our couvictiou that the
almost indiscriminate use of the order for the burial of the
deed, SA practically enforced by the existing state of the
law, imposes • heavy burden upon the ootiscienoris of clergy-
men, and is the occasion of a grievous scandal to many
Christian people. We therefore most humbly pray that
your lordships will be pleased to give the subject now
brought under your consideration such attention as the
magnitude of these evils appears to maize, with
a view to the devising of some effectual remedy."
This memorial was circulated for a year, and at length
presented to the right reverend bench with 3,816 sip&
kris, of which seven were of clergymen who had since be-
come colonial bishops, one of them the primate of Scot-
land, with diens, archdeacons, professors, and other, of the
most distinguished clergymen of the church. This brought
him to • part of the subject which he confessed he could
sot approach without pain—he meant the response which
was given to that memorial by the right reverend bench
en the ith of February, 1852 —•• The Archbishop of Can-
terbury writes to the secretary of the committee to say
that he bad submitted the memorial to a large assembly of
bishops, and adds, the bishops generally sympathnie with
the memorieliste in the difficulties to which they sometimes
And themselves exposed with reference to the terms of the
burial service ; but I am sorry to report further, that
the obstacles in the way of remedy* these difficulties sip-
perr to them, as at present advised, to be insuperable."
The only ray of hope that he sew in this answer was to be
found in the words •' as at present advised," as he trusted
that their lordship' would be able to suggest some means
by which the difficulty might be removed.
The Earl of DESART protested against the dircuesion of
this subject by their lordships house, as, however smut it
night be, it was merely an assembly of laymen, and this was
• question for ecclesiastical &deices. He moved, then, that
the discussion of the motion be deferred for six months.
The Archbishop of CANTERBURY, in approaching this
question, begged to assure their lordships that he had had
some difficulty in ascertaining the precise nature of his noble
friend's motion, and it was ooly since he entered that house
that • paper had' been pieced in his band explaining it.
There was this difficulty about the motion, that it seemed to
open the wide and grave question of the revision of the
liturgy, • question for which he thought their lordship;
were hardly prepared. He was glad to hear his noble
friend say that there was no objection to the burial
servicein itself, and, indeed, he could hardly imagine any
form of burial service from which the expression of • hops
if forgiveness for the deceased sinner could be excluded.
There was no doubt considerable difficulty in some cases,
sod he had been consulted by several clergymen on the sub-
ject. His answer had been, that provided the deceased
persoo bad died in the commission of sin, or in the avowal
of unbelief, or had recently declared that be would not
abandon his sin, nothing would induce him (the Archbi-
shop of Canterbury) to pronounce those words, but
rather than do so he would stand all the penal-
ties of the law. He admitted that this was a state
of things which required alteration, bat at the same time
he should be very sorry to cousent to the present motion
without lavisi had a little more time to consider its pre-
cise Datum. He would therefore request his noble friend
sot to press hie motion to a division, bat leave it to be coo-
sidered iu that assembly to which the noble lord opposite
hat said it exclusively belonged.
Earl (IRANVILLE thought the noble lord had dose
wisely in bringing tbe question forward, as it was better that
it should be discussed than stiffed, and there was no place
where it would be discussed with more propriety than in
that boas*. Ow the whole he would advise his noble friend
to withdraw his motion.

The Archbishop of YORK believed that the expe-
rience of most ministers was that though there
were some difficult cases there were very few in-
deed in which they would like to omit the words of
hope altogether, and thus to convey the impression
that there was no hope. The words of hope might be
omitted in all cases, but he contested that the burial service
would he discharged of eta meaning if that were so. Let
them take the third view, that ministers should be invested
with the power of omitting them words in certain instance&
In that case they would create some 13,000 or 14.000
judges, and judges of eternal salvation of men
committed to the earth. (Loud cries of " Hear, hear.")
Aud, moreover, the words were not addressed to the dead
body, but to the suffering and sorrowing relatives who were
enduring the affliction of the Almighty, sod surely there
was not a man is that house who would desire at inch •
time to add weight to their sorrows It was said that the
American church had discovered a solution for these difli-
cultist He would make it his duty to examine into the
subject. Then, is to the case of Mr. Dodd, who felt •
difficulty in proeouocing the wads of the burial service,
and said there ought to be words of general hope even la
cases when no hops existed in the heart at all. But would
that be • remedy ? it would be better, he thought, to omit
the 11011Vid, than to leave out words dhotis altogether. The
late Archbishop of Canterbury was of opinion that the
difficulties in the way of altering theserviee were insuperable ;
but he (the Archbishop of York) thought thatthe difficulties
were not so strong as they might appear. He was sot dispomil
to recommend that this question should be altogettieratilled,
and iedeed Le would not with to retain his seat in that
howls if be should he compelled to sit still and say No upon
all questions relating to the church. He very much
doubted whether • royal commission would be the beat
mode of dealing with Wei question. He instantly admitted
that so long as there was a state church that house had a
perfect right to take cognizance of these questions. That
was the price, if any at all, that they paid for state Doan.
tense,;. and support. But he contended that there wee no
question hers which required elucidation by evidence. as
the whole matter lay is a vary small comps. He trusted
that the noble lord would withdrew his motion, and that
before long something would be recommended from the
right reversed bench —sot at all dictating to the house—
which would lead to a happy solution of the difficulty.
(Hew, hear)
The Bishop of LONDON blued to add his mood to

THE

the noble lord Dot to peer his motion to a divimioo. The
noble lord roust see, from what had been stated by the most
rev. prelates, that this question was not likely to drop, and
he would he sorry if they (the right rev. bench) were placed
in oppositiou to all church reforms, for they knew that the
strength of the church of England correlated not in main-
taining every uutenable principle, but in making her able
to repel every attack. The queatiois before the house could
not at that moment receive a satisfactory solutioo, for it was
one of very great difficulty. The noble lord had said that the
whole matter had been settled by the American Prayer-
book. He (the Bishop of London) had examined that book
in the rooming, and his impression was that it would be
very difficult to use that Prayer-book for till. service. He
did not think that the omission of words here and there
would alter she hopeful character of a service, and the
Americas service, like all others, was constructed on a hope•
ful and charitable hypothesis, arid therefore could not be ap-
plied to the case of Mr. Dodd. As to the cseeof Mr. 'WM it
would be well that the clergy should know that there was a
view of this case which was not sufficiently attended to
viz., that no one could proceed against a clergyman for DIA
using the burial service except his bishop, and he would ask
whether it was conceivable that any bishop would proceed
against a clergyman under the circumstances? It
had been ruled by the Court of Queen's Bench
that all proceedings under the Church Discipline Act were
in the discretion of the bishops, sod tt warn only on Satur-
day last that one of his clergy told him of • difficulty which
he had had in regard to this service. He (the right rev.
bishop) said that no doubt he had done his best, and that if
he had laid the matter before him (the Bishop of Loudon)
he should have advised him to act in the same or a similar
manner. He thought they were indebted to the noble lord
for bringing this motion forward, for he believed the subject
required discussion either there or elsewhere, and that such
discussion would eventually lead to a satisfactory result.
(Hear, hear.)
The; Duke of MARLBOROUGH suggested to the noble
lord who had brought forward the motion whether it would
not be better, instead of having a royal commission, to
leave these questions to convocation, which was a body
already constituted, and also sanctioned by antiquity and
prescription, and which had power and ability to deal with
these questions. When thin subject was again brought
before the house they might ask the responsible advisers
of the crown to recommend that convocation should be de•
puted to consider it ; and their lordships would concede
that that would he a right and proper way of dealing with
it. He trusted that the noble -lord would not press his
motion to a division. (Hear, hear.)

The Bishop of ST. DAVID'S joined in requesting that
the public discussion of this subject should be post-
poned. He wished to observe that, in his opinion,
there WY no necessity fora royal commission to consider
what steps ought to be taken to improve or alter the burial
service. He admitted that there were some evils, and if
there were many like those referred to by the noble lord,
the sooner they were removed the better for the church.
The noble lord had not contemplated throwing more respon-
sibility on the clergy, and the only thing the commission
would have to do would be to say what changes should be
made in the language of the burial service. With that
single object, therefore, in view they would give to a limited
mumbler of bishops the discretion of reforming that service.
He did not think that any such commission would be found to
agree in any alteration whatever. But if they should be
found to agree, this alteration would not be satisfactory to
the church, because the body so invested would not have
sufficient authority for the purpose. He thought there was
another body better adapted for proposing alterations than
any commission could be, vtr. convocation, and he hoped
that body would take the subject into their serious conside-
ration, and come to a decision which would be satisfactory
to the people generally. (Hear, hear.)
Earl STANHOPE said he objected to the course taken
by the noble earl below him (Earl Desert) in attempt-
ing to prevent a discussion in that house on church
questions. He thought their lordahips must stand up
in defence of their privileges ; and as that house comprised
within it the heads of the church, it was especially adapted
for the discussion of all these questions. As to the burial
service, he would agree that cues might arias in which
some of the words would not be applicable, and ought not to
be applied. But what he desired to call attention to was
that the most reverend prelate had said that if he were a
clergyman, and fiat that he could not read the service, no
power on earth should compel him to do so. It therefore
appeared that the liturgy oft he church of England ordered
one thing, and they had heard from the lips of the most
reverend prelate another. (Hear, hear.) Now if the lamp
bade clergymen to read the service, and the bishops pre-
scribed another course of proceeding, that was a state of
things which could not be approved of, and it
ought to be altered as soon as possible. (Hear, hear.)
He entertained considerable doubt whether the appeal
recommended by the noble duke to the convocation would
be altogether satisfactory. In the first place, the Irish
branch of the united church was not represented in cativo-
cation at all. In the next place, practically the convoca-
tion of York seemed to take no part in questions of this
kind, so that the entire decision would rest with the con.
vacation of Canterbury. It seemed to him that the best
coolie would be, on deliberation and in concert with the
heads of the church, to whines the crown, entreating her
Majesty to refer the matter to the bishops.
Lord CHELMSFORD said that the right rev. prelate
(the Bishop of London) wee not correct in supposing that
proceedings against clergymen for not performing the burial
service could only take place at the instance of the bishop.
If that were the case, it would obviate many of the diffi-
culties by which the case was surrounded. The Church
Discipline Act, on which the right rev. prelate relied, was
pseud in 1840, whereas the proceedings alluded to did not
take place until the year 184 d and the office of the judge,
as it was called, was promoted, not by the bishop, but by an
individual, and the son of the deceased party refused to take
any pert in the proceedings.
The Bishop of LONDON mid that he had taken some
pains to ascertain the facts of the case referred to, and was
informed that the Bishop of Ely was the promoter of the
case, but had allowed his office to be promoted at the
solicitation of another.

Earl RIISSELL hoped that the noble lord would comply
with what appeared to be the general wish of the house and
withdraw the motion. He thought, however, that there
should be some uocierstanding as to the manner in which
the question should be left. The most rev, prelate would
leave the matter solely to the discretion of the clergy.
(Hear, hear.) It would often produce a painful impression
In a locality if • clergyman were at liberty to exclude, as it
were, a person, whatever his character might have been ;
and yet such was in effect the remedy suggested. Eves it the
discratiou were left in the hands of the bishop it would
often prove a source of great embarrassment. He
was informed that it was • doctrine of the
Roman catholic church that, whatever might have
been the sins of a person, there was no one of
whom it could be 'Lid that he died in such a state
that there could be no hope for him, became there might
have been in his last moments that faith and that repentance
which would entitle him to entertain some hope of salvation.
That at all evicts was a charitable doctrine, and he should
be sorry to see the services of the church altered in such a
way as would not be consistent with that charity which the
church ought to exhibit. He thought the best way in
which the case could be remedied was to refer the subject
to the right rev. prelates, to consider what alteration
should be made ; end it might be found that it would not
after all require to he discussed in convocation. It required
may • prudent and well considered form of words, and
no body of men could be so well qualified
to prepare such a form of words as the right rev. prelates.
Their recommendation could not of course he adopted with-
out an alteration of the law ; such alteration could not take
place without the concurrence of parliament, and be be-
lieved that parliament would approach the consideration of
the matter with the gravity and fairness which the im-
portance of the subject demanded. (Hear.)
The Bishop of LLANDAFF said he hoped that the
motion would be withdrawn, bat he coasesed that if it were
premed to • division he should support it, as it was not open to
the objections which he felt bound to pries against the noble
lord's more comprehensive and vague motion of three years
ago. He would not consent to any alteration of the baptismal
service, but the burial service stood in a different position,
as it did not involve any doctrine. The existing difficulty
might be met by the introduction of an explanatory sp.
pendia staling that is the use of such end such terms they
did not mean to apply them to the case of the individual
departed in the same way as it was explained in reference to
holy commuoioo, that the terms employed did not mean the
corporeal presence of our Lord. He thought this would in
great part, if not entirely, meet the difficulty.
Earl GREY said be should not wish to see the motion of
his noble friend either withdrawn or negatived, end consi-
dered the best mode of dealiog with it would be to adjourn
the debate for four weeks, so am to give ample time for
considering the matter. He considered the mode suggested
by his noble friend was the best of dealing with what was
admitted to be • great grievance— namely, that of referring
it to • royal commission. He did not believe that a discus-
sion of it in convocation would lead to • satisfactory settle-
ment of it it the minds of the pen le at large. The view of
his noble friend who suggested that the crown should refer
the subject to the bench of bishops was one of most gees-
tioosble propriety. for it would give to the bench of bishops
• corporate action apart from convocation. (Hear.)
Lord LY'PTELTON said he should vote with his noble friend
if he pressed his motion to • division. But be did not object to
its withdrawal, or to the adjournment of the debate, as it
would give time for further consideration. He hoped that,
in the meantime, the bench of bishops would take up the
subject and deal with it in a practical way. He thought
convocation was a very proper body for inquiring into the
matter. It was because this was • limited question, sod
did not involve•revision of the Prayer-book, that he should
vote for the motion,

-The Bishop was of opinion that some body
ought to be constituted having authority to deal with this
and similar queotions.
The LORD CHANCELLOR mid that some observations
that had fallen from the most rev. prelate and the right
r••• 'Relate who presided over the see of London bad given
to this question a momentous importance, and therefore the
right rev beach incurred something like • moral obligation
to submit some measure on this subject that was likely to
be satisfactory to the general body of the clergy whom they
represented.
°Lord EBURY thanked his most rev. and right rev.
friends on the part of the laity of the conoky for the frank
and candid owner in which they had met this question.
In reference to so observation that be bad pressed the
motion precipitately forward he stated that in order that
the sub might be thoroughly understood he had placed
his notice oo the paper on the first night of the 811111g40, and
had consulted his most rev, friends as to the day on which
it would be most mommiiiat to subaut it to timbers. Aa to