Memorials

Petition for Faculty to authorise a memorial comprising a headstone and kerb stones. Headstone authorised, but not the kerb stones.

The war memorial in the churchyard was dedicated in 1921 and bore the names of those who gave their lives in the First World War. Subsequently, the names of those who lost their lives in the Second World War were added. The Parochial Church Council now wished to have the memorial refurbished in time for the forthcoming commemoration of 100 years from the end of the First World War. As part of the refurbishment, they wished to have the names of the fallen gilded. The Diocesan Advisory Committee did not approve of gilded lettering. The Chancellor granted a faculty allowing the names to be gilded: the DAC's decision was based on an aesthetic evaluation, which the Chancellor felt was overruled by the depth of feeling of the petitioners to make the names prominent; a photograph of the memorial in 1921 shows that the lettering stood out; the aging of the memorial would allow it in due time to be more keeping with the church; the names of the fallen should be clearly legible to the local community.

The petitioner wished to place a memorial on her mother's grave. The parish priest declined to authorise the proposed memorial, as it did not fall within the scope of the Diocesan Guidelines. The design resembled a scroll, between two hand-carved angels, above a plinth resting on a base.  The central “scroll” and the plinth and base were in Rustenburg dark grey granite, and the two angels in a paler stone. The Chancellor considered that carvings of angels in full relief would not be appropriate to the setting, but he would not object to carvings of angels in low relief on the memorial stone. On that basis he granted a faculty for a memorial, subject to the final design being approved by the Diocesan Advisory Committee or, in default of such approval, by the court.

Outside the north wall of the church is an area for cremated remains containing a large number of wedge-shaped memorials set on stone slabs 18 inches square. However, some larger bases which had been introduced had adversely affected the appearance of the area. The churchwardens therefore proposed setting plain slab bases on the unused plots in anticipation of wedge-shaped memorials being put on them in the future, in order to minimise the risk of incorrectly sized bases being laid; to keep the area looking uniform and tidy; and to avoid the churchwardens having to take remedial steps, which might give rise to pastoral difficulties. The Diocesan Advisory Committee did not recommend the proposal, but the Chancellor was satisfied that there was a problem which needed to be addressed, and he accordingly granted a faculty.

The petitioners wished the Chancellor to authorise the setting aside of an area for cremated remains in the churchyard extension and to authorise a variation of the standard churchyards regulations in order to allow the incumbent to permit in future the erection of upright memorials and 'desktop memorials' in the churchyard extension to mark interments of cremated remains. They also asked the Chancellor to grant a confirmatory faculty in respect of upright memorials and 'desktop memorials' already installed to mark interments of cremated remains in the churchyard and churchyard extension during the past 18 years. The Chancellor was satisfied that the petitioners had made out a satisfactory case for the proposals and granted a faculty accordingly

The petitioners applied for a confirmatory faculty to retain in the churchyard a memorial to a member of the family. The memorial had been installed without permission and did not comply with the churchyards regulations. The memorial was in the form of a wedge-shaped plinth of polished black stone and large enough to allow the addition in the future of further inscriptions in respect of other family members, it being their intention to create a family plot. The Parochial Church Council did not support the petition, as they had in recent times been striving to make sure that the churchyards regulations were complied with, notwithstanding breaches in the past. The Chancellor determined that the petitioners had failed to provide a sufficient justification for retaining the memorial, or for displacing the parish’s desire to uphold the regulations, and he therefore refused to grant a faculty and ordered that the stone should be removed.

The petitioner's late wife's ashes had been interred in the grave of her mother in 2019. The petitioner had obtained the approval of the Team Vicar to the laying of a ledger stone in memory of his wife on the grave. The stone was not one which was authorised under the churchyards regulations, which the Team Vicar had failed to appreciate. This oversight came to light when a couple who had known the petitioner's wife, wrote to the Diocesan Registry to object to the stone being outside the regulations and out of keeping with other stones in the churchyard. The Chancellor decided ("Not without some hesitation ...") to allow the stone to remain, as the petitioner had "the full support of the minister, the churchwardens, the PCC, the DAC, and the petitioner’s family, and for powerful pastoral considerations".

The petitioner wished to place a memorial on the grave of his late wife. The Diocesan Advisory Committee did not approve of the design, a bronze plaque on a rough-hewn, wedge-shaped, local stone, as not befitting the setting. It also considered the inscription (which included a verse by Byron) too lengthy and over-personal. The Chancellor saw no reason to disallow the design of the memorial, but was concerned about the inscription. He determined to grant a faculty, subject to the Petitioner agreeing a suggested alternative inscription set out in the judgment, omitting the proposed verse or including an alternative verse from Holy Scripture or classical Christian poetry or hymnody.

When the petitioner was 16 years old, her mother had died. Five years later she wished to install a memorial over her mother's grave. She approached a local stonemason, chose a design, and the stone was erected at the grave. The petitioner had been unaware that permission was needed to erect the memorial, and the mason did not check that permission had been obtained before erecting the memorial. The memorial was an oval shaped grey slate stone on a rectangular base with an incised trough planter. At one side of the base was an image of a bumble bee and on the other side a Celtic cross. There were objections to the stone. The petitioner applied for a faculty to retain the stone. The two churchwardens became parties opponent. After considering the approaches of other Chancellors in a number of other judgments, the Chancellor decided not to grant a faculty and that the stone should be removed. He indicated that if the petitioner chose a stone within the churchyards regulations, he would permit the designs of the bumble bee and Celtic cross and the same inscription, subject to part of the inscription being in quotation marks (for reasons which will be apparent from the judgment).

The petitioners wished to amend the Churchyards Regulations in relation to the parish of Minety only. The proposal was to replace Regulation 8, which provides (inter alia) for interments to be marked by memorials laid horizontal just below the level of the surrounding turf, with a new Regulation 8 including authority for the incumbent to give permission for an upright memorial (but not a cross) in the area set aside for cremated remains where cremated remains are interred next to the adjacent wall. The Chancellor granted a faculty.