The Sun.
London, England, 1860-10-08 00:00:00

PROSECUTION BY A CLERGYMAN FOR

SINGING AT A FUNERAL.

At the petty sessions at Smallburgh, Norfolk,
on Tuesday, a charge was preferred by the Rev.
Edward Pote Neale, vicar of Horsey, against
Joseph Fish and Ann Nockolds, two of his
parishioners, and parties in humble condition, of
having, on the 29th of August last, been " guilty
of indecent behaviour in the churchyard of the
said parish of Horsey, by then and there singing
on the way to and at the grave of an unbaptised
child, by which singing the said Edward Pot Neale
was then and there vexed and troubled, he being
then and there the vicar of the said parish, and the
only person duly authorised to perform the burial
service in the churchyard of the said parish, con-
trary to the form of the statute in such case made
and provided." _

There was a full bench of magistrates, viz. :—Sir
J. Preston (chairman), Captain Cubitt, R. Rising,
Esq., Rev. E. Wilkins, Rev. T. J. Blofeld. Several
clergymen were present to witness the proceedings.
Mr. Fisher (of London) appeared for the prosecu-
tion ; and Mr. W. H. Tillett (Norwich) for the de-
fence.

Mr. Fisher, having addressed the bench, called
The Rev. E. P. Neale, who deposed—On Monday,
the 27th August, I called on Mrs. Webster, having
heard that her child was dead and unbaptised, and
in as gentle and kindly a manner as I could, I told
her I should be unable to perform the burial service
over the child, and that I was sorry she had ne-
glected to have it baptised. She said, "Then I shall
have prayer and singing over it," to which I replied
that such a thing would he illegal, and I hoped she
would not think of it. She chose the spot where
she would wish the child to be buried, and we then
parted. Next night, having heard that she intended
to have singing over the grave, I went to her with
my wife, and in the kindest manner begged her not,
saying that if she would give up the idea, I was
quite willing that she should have the child buried
on the spot she had selected, and that I trusted we
should continue to live in love and kindness as
heretofore. After a great deal of abuse from her.
I asked her as a favour to myself to have no singing,
and she promised distinctly that there should be
none. I then appointed the funeral to take place at
1 o'clock the next day. On the Wednesday, I heard
praying outside the church gate (which I had told
her could be done), and shortly afterwards I was
informed that singing was going on inside, and on
going, I found Joseph Fish, Mrs. Nockolds, and
several others, singing over the grave. I said,
" Joseph Fish, and all here present I most solemnly
protest against what you are now doing," which I
repeated three times, but they did not desist. I felt
very much vexed and troubled, particularly as it
was against a decided promise given to me, and on
which promise I had allowed the grave to be dug
where it was. Several of my parishioners were pre-

sent, and saw my authority set at defiance. The
family had only lately come into the parish, or, had
I known the child was unbaptised, I should have
asked the parents to have the rite performed. One
thing (continued the witness) I wish to add—my
earnest desire that this should not be considered as
proceeding from an unkind feeling. My wish has
been from the beginning to do what was kind to
these parties, in proof of which I saw Fish a day or
two ago, when he said, " Oh sir, I regret exceed-
ingly ever having done this, I will never do it
again," and I replied, " If you will come and sign
to that effect, I should be happy to forego the pro-
secution."
The Chairman thought they could hardly go into
that.
Cross-examined—l have known Mr. Fish about

30 years, and he has borne a good moral character.
Mr. Tillett—You have said, " after a great deal
of abuse from Mrs. Webster." Can you favour the
magistrates with the words she used ?
Witness (after reflecting)—She said, " Now you
may talk about this sort of thing and the other as to
the burial of this child, but I tell you what—l shall
bury it in any part of the churchyard I like, and I
shall have a minister there, aid he shall come as
they have a right to come in spite of you or anyone."

After further examination,
Mr. Tillett addressed the court for the defence.
He said the information was laid under a recent
act, which was framed to meet certain disturbances
in the parish of St. George's-in-the-East, with
which everybody was familiar. It was passed in
consequence of the inability of a previous act to
suppress disorderly conduct in churches. The law
as it previously stood rested mainly on a statute of
the Ist Mary, cap. 3, which was an act against of-
fenders in the church, and in the sth and 6th clauses
of the new act it was declared that nothing therein
was to be construed as repealing or in any way al-
tering the old act. The preamble of the old act
stated that, "forasmuch as it is necessary in every
Christian commonwealth to provide that tranquil-
lity and peace may be preserved and contiaued
amongst the people, and especially in Holy Church
in the time of Divine service and administration of
the sacrament and sacramentals, as before this time
it hath been accustomed in holy communion within
this realm, and that all things being contrary there-
unto, or that are or may be in disturbance thereof,
may by foresight be eschewed and avoided, and re-
medy therefore in due time provided, as well for the
preservation of the Queen's Highness' peace as for
an universal quietness and order to be used within
this realm." This act, they would observe, was made
in the reign of the Roman Catholic Mary. It enacted
in the 2d section that " if any person or persons of
their own power or authority at any time or times
do, or shall willingly or of purpose by open and
overt word, fact, act, or deed, maliciously or con-
temptuously molest, let, disturb, vex, or trouble, or
by any other unlawful ways or means disquiet or
misuse any preacher or preachers allowed or autho-
rised to preach, &c., in any of his or their open ser-
mon, preaching, or collation, that he or they shall
make, declare, preach, or pronounce in any church,
chapel, churchyard," &c. He wished them espe-
cially to notice that it was a disturbance of any
clergyman in " open sermon, preaching, or colla-
tion," and the same words were introduced into
the recent act. It was not the mere vexing of a
clergyman which rendered a man liable to pro-
secution, it was the disturbance of the worship
of God which that act was made to meet. The
next section clearly showed the spirit in which the
act was framed, for it was directed against any
celebrating preparing,
saying,person Ndvohinog:hsainllgidnigst,umrbiniasnteyripnrgie,stor"
the mass," or other Divine service. Moreover, the
sth clause of itself would be sufficient to upset this
information.
Mr. Rising—Your are speaking of an act which
merely applies to offenders in the church. The new
act applies to further cases.
After some further discussion as to the meaning
of the act,
Mr. Tillett said he would lease the law to the