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Ecclesiastical Case Reports
Re Cathedral Church of St Eunan, Raphoe
(Diocesan Court of the Diocese of Derry and Raphoe, March 2001)
Church of Ireland - introduction of cross
The petitioners sought a faculty to sanction the placing of a cross on or behind the communion table of the cathedral church of St Eunan, Raphoe, in the Republic of Ireland. The cross was offered in memory of the late archdeacon of the diocese by his widow. At a meeting of the select vestry of the cathedral vestry, 8 voted in favour of seeking a petition, 4 voted against and 3 (including the dean) abstained. No objection was expressed to the size or design of the cross. Its introduction was opposed on theological grounds and upon the basis that the voting in the vestry did not reflect the opinion of the congregation at large. A letter of objection bearing 46 signatures was submitted. It indicated that images such as the cross were unnecessary in order to come to God in worship, that it marked an unwanted move in the direction of the Roman Catholic tradition, that there had been insufficient consultation, and that the posting of the citation beside the footpath had turned the private affair of the cathedral into a public matter. The court noted that the Constitution of the Church of Ireland (chapter IX, s 39) provides that a cross may be placed on or behind the communion table provided that approval by faculty is obtained with the consent of the incumbent and a majority of the select vestry. The court was satisfied that the faculty had the necessary consent. Although the dean, being also incumbent, had abstained in the voting, he was a petitioner. The court reminded itself that the select vestry acts on behalf of the parish as a whole, having been elected by general members of the parish, and rejected the argument that its voting did not reflect the feeling of the congregation as a whole. It further noted that the dean had no option under the Rules of the Diocesan Courts but to comply with the requirement of citation. The court therefore exercised its discretion in favour of granting the faculty, in the belief that the parishioners 'will rise above their apparent differences and continue to work together in harmony and Christian understanding'.
Note: The diocesan court comprised the Bishop of Derry and Raphoe advised by Mr W Bristow Stevenson (Chancellor), and assisted by Ven M Scott Harte, Archdeacon of the Diocese of Raphoe, and Mr W S McCarter. An appeal lies to the Court of General Synod from every judgment of a diocesan court except in the case of exclusion from the communion of the church. Such appeal must be lodged with the registrar within 14 days of the judgment. See the Constitution of the Church of Ireland (Chapter VIII, ss 26, 39).
[I am grateful to the Reverend Kenyon Homfray for bringing this judgment to my attention and for his assistance in preparing the case note]
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