Lichfield Consistory Court: Shand Ch, December 1998
The petitioners sought a faculty for the introduction of a votive candle stand in the parish church. The chancellor dealt with various objections by written submissions. The issues on which the case turned were those of legality, theology, and churchmanship. On the first issue, the chancellor considered the history of the legality or otherwise of ornaments. Votive candle stands had not been subject to decisions in case law. Authoritative cases such as Capel St Mary [1927] P 289, St Mary Tyne Dock [1954] P 369 and St Mary Tyne Dock (No 2) [1954] P 156 suggested that the use of ceremonial lights was not lawful but the chancellor 'respectfully doubt[ed] whether the illegality of ceremonial lights would now be accepted as a valid statement of the law'. He did not hold, therefore, that votive candle stands were illegal per se and in all cases. He was of the view that if the matter fell to be decided in any future cases he would probably require an expert theologian to act as judge's witness. On the issues of theology and churchmanship, the chancellor found that the use of votive candles indicated a catholic theology. Such a theology was, however, 'alien to St Oswald's'. What is more the PCC was clearly divided on the issue, only thirteen out of twentyfive members having voted in favour of the proposals. The lack of a sufficient consensus of support in the parish caused the petition to be dismissed.
(2001) 6 Ecc LJ 78
