Re: St John Baptist, Sutton-at-Hone (Rochester Consistory Court; Goodman Ch. 5 December 1988)

The Vicar and Churchwardens sought a faculty (1) for the sale of a silver chalice and paten of 1621 and a tankard of 1724 and (2) for the installation of an inexpensive Makin electronic organ in the organ case of the existing organ. The net proceeds of sale of the silver were to be put towards the cost of the organ. The petition was dismissed. The recommendations of the Council for the Care of Churches and the Diocesan Advisory Committee were against the proposals.

Although the pipe organ was in a poor condition, and in need of a major overhaul if it was worth keeping at all, there was no evidence that the Makin instrument would be a suitable replacement for it in the long term. It was doubtful whether the plate was truly redundant, despite the fact that it had not been used for some time. In any event, the proposed purchase of the organ utilising the proceeds of sale did not satisfy the test in Re: St Gregory's Tredington [1972] Fam 236. In order to justify a sale it must be shown that there is something to be done with the proceeds of sale which will be of lasting benefit and value to the parish. In the present case the parish was not intending to use the proceeds for a purpose of
adequate importance.

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(1989) 1:5 Ecc LJ 5