Judgment Search

Downloads

Click on one of the following to view and/or download the relevant document:

Alphabetical Index of all judgments on this web site as at 24 November 2021

Index by Dioceses of 2021 judgments on this web site, as at 24 November 2021

Memorials

Display:

The Deputy Chancellor refused to grant a faculty for a memorial which was outside the diocesan churchyards regulations in a number of aspects, including: the design in the shape of a double heart; the stone wider than the maximum permitted under the regulations; polished blue granite; a green and white floral motif.

The Petitioner sought a faculty to erect in Maughold churchyard, forthwith and before his death, a memorial in the shape of a Buddhist stupa. The memorial was to include the inscription: 'He wanted green dandelions', a statement described as a Buddhist 'koan', an illogical statement designed to aid meditation. The Vicar General refused to grant a faculty to permit the petitioner to place the stupa in the churchyard in advance of his death, and stated that the inscription would have to be considered when and if an application for a faculty was made after the Petitioner's death.

The husband and wife petitioners sought permission to include on a memorial to the wife's father the words 'Dad' and 'Pap' . The Chancellor issued a judgment in which he refused permission, as he considered that informal terms of address were not generally suitable for use as a public record on a memorial. And whilst there were a few examples of similar words being used in other parts of the churchyard (none near the grave in question), the Chancellor took the view that so few breaches of the churchyards regulations did not justify allowing further breaches. However, following further representations from the petitioners, that there were already 34 examples in the churchyard of the use of informal descriptions, the Chancellor issued a revised judgment in which he gave permission for the use of the informal descriptions in this case.

The petitioner applied for a a confirmatory faculty permitting the continued presence in the churchyard of a memorial made of white marble 55 centimetres high in the shape of a cross, with some heart motifs and a brass plaque on it. The memorial did not comply with the churchyard regulations.  Neither the Diocesan Advisory Committee nor the Parochial Church Council approved of the memorial. The Chancellor dismissed the petition and directed that the stone should be removed by the petitioner within 2 months, in default of which the stone should be removed by the incumbent and churchwardens. However, the Chancellor gave the petitioner 14 days in which to apply in writing with reasons why the order should not be enforced and that the dismissal of the petition should remain on hold in the meantime.

The petitioner's late father had been buried in the churchyard in 2000. Her mother died in 2017, and the petitioner wished to carry out her mother's wishes to have kerbs placed around her father's grave and her mother's ashes scattered on the gravel. The Chancellor refused to grant a faculty to authorise kerbs and gravel to be placed on the grave. Although there were some other graves with kerbs in the churchyard, the grave in question was next to the footpath and the first in a long line of graves with no kerbs, and kerbs would make maintenance of the churchyard more difficult. The Chancellor also refused to allow the scattering of ashes, as being contrary to the churchyards regulations and Canon B 38 (4)(a).  Also, the Church of England (Miscellaneous Provisions) Measure 1992 refers to the “burial” of cremated remains.

The Chancellor declined to allow the addition of an inscription on a floor tile in the sanctuary of the church in memory of a former parish clerk, but instead allowed a memorial to be placed on the wall at the west end of the nave, opposite a plaque in memory of another former parish clerk.

The petitioner applied for approval of a memorial in memory of her late husband. The proposed memorial was to be 6 feet wide and 4 feet 6 inches high on a 7 feet wide base, so that it would cover not only the head of the grave of the deceased, but also the head of the adjacent grave reserved for the petitioner. The headstone would take the form of two large interlocking heart shapes, each of which would be flanked by two smaller heart shapes. The stone would bear gold lettering and images of a horse's head and a riverbank scene, to reflect the life of the deceased, a leading member of the local traveller community. The Chancellor refused to grant a faculty for the memorial as proposed, because its size was considerably larger than the churchyards regulations would normally allow, and it would dominate the area of the churchyard where it would be erected. He permitted a smaller memorial in the style requested, provided that it did not exceed 4 feet 4 inches in height and 4 feet in width.

The petitioner applied for a confirmatory faculty for a replacement memorial on her parents' grave. The new memorial included the additional words, 'Honey I missed you', being a line from a song which the petitioner's father used to sing at his wife's grave. The Deputy Chancellor granting a faculty, taking the view that the inscription was "neither offensive nor incompatible with the Christian faith. No disrespect for that faith, the Church, or the churchyard as a place of rest and solace for many was intended. Rather, the inscription was chosen by the applicant as a fitting memorial to her parents."

Mr. Gordon Mills died in 1983 and was buried in the churchyard at Welcombe. A memorial had been erected over his grave, leaving room for a further inscription. Some years before, his marriage had broken down, and following separation from his wife had lived with Mrs. Margaret Walker. Following Mrs. Walker's death in 2000, one of Mr. Mills's daughters and a granddaughter applied for permission to add the following inscription to the memorial: "Also his beloved Margaret (Walker) much loved Mum and Nan 31-12-1915 - 24-2-2000". Four of Mr. Mills's children objected to the inscription. The Chancellor decided that "Mum and Nan" might be misleading, as Mrs. Walker was not the natural mother and grandmother to all Mr. Mills's children and grandchildren. He also thought "loved" and "beloved" was repetitious. He therefore granted a faculty authorising: "Also his beloved companion Margaret Walker 31st December 1915 - 24th February 2000".

The petitioner (a churchwarden) wished to carry out repairs to three box tombs. There was one objector (who did not become a party opponent), who raised a number of issues, but the Chancellor did not regard the objections as grounds for refusing a faculty. A faculty was granted, subject to Historic England not making any representations within 28 days. If any representation were to be made, the matter was to be referred back to the Chancellor for further directions.