The Express.
London, England, 1861-01-29 00:00:00

1.11121 T or THZ ORD= or OILtIVEILUM

Mr. J. D. Coleridge said be was instructed on behalf of the
Rev. Edward Giblin Bagshaw, • Roman catholic clergymen
to apply for • rule directed to the guardians of St. Luke's,
Chellse end calling upon them to show cause why a man-
damus should not issue commanding them to permit
the Rev. Mr. Saginaw from time to time to visit
the workhouse of the parish of St. Luke, for the
purpose of enabling him to afford religious instruction
to the Roman catholic inmates of that workhouse,
and on one or more days in the week assembling such of
them as might invite his instructions in order to receive the
same. The application was made under the 19th section of
the Poor-law Act, the 4 & 5 Will. IV., cap. 76. The ex-
pression " licensed minister " used in that section had been
construed to mean every person in holy orders, and Mr.
Begshaw swore that he had been admitted to the orders of
the catholic church. What Mr. llagshaw claimed was that
when once a request had been made to him either by an
inmate in the workhouse, or by a father or mother of any
child in the workhouse, that he should give religious in-
struction according to the tenets of the Roman catholic
church, either to that adult inmate or to that child,
be should be allowed to have free access to each person,
at all reasonable times, without a fresh request being neces-
sary on each manias.
Mr. Justice Wigbtman—Does it appear upon any
speak& occasion, a written request having been made for
the attendance of • Roman catholic clergyman, that one
was refused admittance!
. . .

Mr. Coleridge was not aware of sty such case ; but what
was required was, that a request having once been made a
clawnius should be allowed admittance generally to the
puma so requesting ; subject, of course, to the exercise of
• 1111•011/Abkb diecre t loc. _

Mr. Justice Crompton—The application seems rational.
Mr. Coleridge said be bad a further application to make.
It appeared that the number of Roman catholic paupers in
the St. Luke's Workhouse varied between 60 in the winter
mouths and 30 in the summer, the 'worse number being
46. Now, it was obviously not convenient for a clergyman
at all Units to go through the whole number of those
who might be anxious for his instruction, and therefore
what Mr. Bamhaw wanted was, that on one night in the
week it might he permitted him to collect all those of his
religious denomination, on whose behalf his interference had
been requested, in the ball of the workhouse, or env con.
venient place, with a view to their. being instnicted tog-ether.
Mr. Justice Crompton—lt may be said that the words of
the 19th section do not authorise the clergyman of any par.
titular religious denomination to go and hold a religious
semi*e in the workhouse.
Mr. Justice Wightman—What authority have we to
direct that the ball or any room should be allocated for
such a purpose?
Mr. Coleridge would not require their lordships to do
so ; it would suffice for him if their lordships should
direct that the Roman catholic inmate" who had
requested the assistance of Mr. Bagehaw might be assembled
in some convenient or reasonable plaint The clergyman of
the Church of England who officiated in the hall was
in the habit of smernbling together the Protestant paupers
in the hall on two days in the week, and it appeared that
up to August. 1860, Mr. Bagshaw had been allowed to do
so with respect to the Roman catholic inmates upon every
Thursday evening. At that date, however, a resolution of
the board was passed which had the effect of excluding
him front such attendance henceforth. The object of the
resolution was to exclude the priests of the Oratory from
the siorkhouse, and it was effected in this way. It seemed
the Oratory nt Brampton was just outside the bounds of
the pariah of St. Luke, and by the act of parliament it was
only persons officiating in the parish that were admissible
to the workhouse.

Mr. Justice Crompton—Well, but what had catholic cler-
gymen to do with our parochial @yawn?
Mr. Coleridge—Mr. Bagshaw proposed that when he got
notice from the father or mother of the child that be was to
instruct the child, it should not be necessary that a fresh
request should ism on the occasion of each visit, more
especially as each request came from the master.
Mr. Justice Wightman —But it might be that on the
occasion of such visits the clergyman would want to perform
the religious services of his denomination, and that would
be an interference with the interior discipline of the work-
house.

Mr. Gileridge—kfr. Bagshaw did not want anything of
the kind. All he wanted wee to be allowed to instruct the
communicants together owe a slam he formerly did in
some convenient place; and to beellowed free access to them
after he had received • request that he should visit them.
He would submit that if aese conorevious were not made
to the catholic clergyman attending the workhouse, the act
of parliament which enacted that due provision should be
made for the religious instruction of the catholic paupers
would be • dead letter.

Mr. Justice Crompton.—l agree with you that if a fresh
request must be i•itied every time the clergyman gets ad-
missios to the workhouse, then that amounts to on evasion
of the act of parliament.
Mr. Ooleridge—Mr. Bagohaw had appealed to the Poor.
law Commissioner..

Air. Justice Wightman—And what wee their response
Yr. Coleridge—Why, they decided in favour of Mr.
Heehaw ; but they at the same time pointed to the reeo.
lotion of the guardians, and to the fact of the Oratory
being outside the pariah of Si. Luke.
Mr. Justice Wightatea—Hed yaw not better limit your
spphcation to the first point! Ton see the second demand
may amount to an interference with the internal regulations
al the workhouse. -

Mr. Coleridge would be quite satisfied if • place was fixed
by the guardians themselves.
Mr. Justice Hill—To required's csardians to allocate a
particular place whets the Irldiainr imirectios of the in•
mates of any denomination might be earbeied would be
going beyond what the legislature bee ardlied.
It was then agreed that Mr. Coleridge &add take a rule,
Ruskin it, however, as to its tams, es es to include only
his arm domand—namely, that whoa *nos the catholic
priest had been asked to visit any inmate of the workhouse,
be could repeat his visits without a fresh request issuing
upon each occasion.