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Alphabetical Index of all judgments on this web site as at 10 September 2024

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Memorials

The petitioners, who were the Team Rector, Team Vicar, Vice-Chair of the Parochial Church Council and a Churchwarden, sought a faculty to install a wall-mounted monument commemorating the Hoare Family of Barn Elms on the north wall of the Langton Chapel in the church. This was to replace a previous Hoare family memorial commemorating sixteen members of the Hoare family whose remains were buried in the vault of the church. The former memorial had been destroyed by a fire in the church in 1978. The Hoare family had for three centuries been benefactors of the church. However, although there were no objections to the proposal, the Chancellor felt that, in the current climate of "public interest in contested heritage issues", he had to address the issue of the connection of the Hoare family with the slave trade in the early 18th century. Having considered any potential arguments which could be raised, he decided to grant a faculty. None of the family members to be commemorated had links to the slave trade, but only a member of the family two generations earlier than the oldest of those to be commemorated.

The Chancellor refused to permit a memorial bearing the masonic symbol of a square and compasses, because he considered that "wording or symbols which give rise to a real risk of offence or upset to a significant body of those visiting the churchyard will not be permitted."

The petitioner applied for permission to install in the churchyard a memorial to her paternal grandparents. The design of the proposed memorial was an open book and the proposed type of stone was polished black granite. The design also included a poppy. Three members of the family objected on the grounds that the inscription was to include the names of certain members of the family, but not others. The Chancellor was concerned about the proposed inscription being “crowded with engraved sentiments” and also the inappropriateness of some of the wording, but decided to leave it to the incumbent and the family to agree any amendments. The Chancellor granted a faculty subject to conditions that (a) the names of all the deceased’s children and grandchildren should be mentioned in the inscription or none and (b) the poppy design to be engraved into the memorial should be limited to an outline in the same colour as the rest of the engravings.

The petitioners’ baby boy had died less than an hour after being born and his remains had been buried in the churchyard. The Petitioners wished to introduce a memorial of black granite (which complied with the diocesan churchyard rules) and kerbs, with a number of sentiments inscribed on the memorial. The Chancellor approved the words and she also approved the kerbs, as kerbs were quite prevalent in the churchyard. The Chancellor also permitted two etched images, one of a baby giraffe toy and the other of a knitted heart presented to the petitioners by the hospital. The petitioners wished the etchings and wording on the memorial to be coloured blue. Without wishing to set a precedent, the Chancellor decided, exceptionally, to allow the colour blue, given that in this case the memorial was for a baby boy.

The petitioners wished to install in the churchyard of St Mary Catcliffe a memorial to the late Davina Knight, who died in January 2021, aged forty-three.  The petitioners were the deceased’s surviving relatives. The proposed memorial was to be of black granite, incorporating corner kerbs and a book-shaped plinth, none of which is consonant with the Diocese of Sheffield Churchyard Rules.  In accompanying letter, the petitioners expressed the distress they had felt at initially being refused permission for the memorial.  The Deputy Chancellor pointed out that incumbents lack the authority to permit memorials which do not comply with the Rules. In framing a judgment, she stressed that the introduction of new memorials should not fundamentally change the character or appearance of a churchyard. She conceded, however, that the proposed memorial was not over-sized; its inscription was neither inappropriate nor inconsistent with the Christian faith. Moreover, it would not impact on the appearance of this particular churchyard, nor be out of keeping with other black granite memorials already present there. Nor would it impede churchyard maintenance.  A faculty therefore issued permitting the installation of the memorial as proposed. 

A private petition proposed the installation of a memorial to the late Declan and the late Peter Knight in the churchyard. Declan died in 1999, aged four and Peter died in 2019 aged sixty-seven. The petitioners were their surviving relatives. The proposed memorial was in black granite and incorporated kerbstones and coloured images (of a blue teddy and a yellow train), none of which is consonant with the Diocese of Sheffield Churchyard Rules. The Rules do, however, permit the exceptional authorisation of both black granite and kerbstones, where these are already common and would not impede churchyard maintenance. Their presence in this case was conceded by the Deputy Chancellor. The presence of coloured images on the headstone was, however, judged to be inappropriate in a space of quiet reflection. A faculty was therefore issued, permitting their inclusion, provided that they were in the same (gold) colour as the inscription.

The petitioner sought permission to erect a memorial to her late father. The design comprised a tapered four-sided stone surmounted by a Celtic cross. (Her father was a Catholic of Irish descent.) The overall height of the memorial would be 43 inches. The PCC felt that the proposed stone was too tall (though the maximum height specified in the churchyards regulations was 48 inches), and that the design would be out of keeping with the rest of the memorials in the churchyard. The Chancellor considered that the design was within the regulations, and that uniformity was not to be sought in itself. Applying the test of 'suitability', he granted a faculty.

The petitioner wished to purchase and install at his own expense a new Second World War Memorial of the same design as, and to replace, the existing memorial plaque fixed to the wooden side of the lychgate at the churchyard. The plaque was made of moulded metal and it gave the name of the Petitioner's cousin as "Pat Collins". The petitioner stated, and produced evidence to show, that his cousin's proper name was Kenneth Lawrence Collins (though his nickname was "Pat") and that Kenneth had been the resident from Wychbold who had died in the Second World War. The Deputy Chancellor determined that, as the memorial was a public record, it ought to show the correct name. He therefore granted a faculty permitting an amendment to the existing memorial, if possible, failing which the memorial could be replaced with a replica showing the petitioner's cousin's name as "Kenneth L. Collins".

There was an application for a faculty to authorise a polished green granite memorial, including an etching of a rose picked out in blue. The Chancellor refused to grant a faculty on the grounds that some features of the proposed memorial were outside the churchyards regulations and no good reason had been advanced for allowing an exception.

The Chancellor had previously refused permission for a polished green granite memorial stone. The petitioner had responded with a letter expressing disappointment at the Chancellor's decision. This judgment contains the Chancellor's reasons for his decision to refuse permission for the type of stone requested.

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