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Ecclesiastical Case Reports
Re St Andrew, Trent
(Salisbury Consistory Court: Wiggs Ch, January 2000)
Disposal of church property - security - financial emergency
A faculty was sought to remove permanently and sell a pair of settles. The settles had been identified in 1994 as extremely valuable and thus a possible targets for thieves. No realistic, economic and secure scheme for the retention of the settles in the church could be discovered. The CCC observed that the only reason for the sale appeared to be security, which did not appear to be a good and sufficient reason to justify the granting of a faculty for sale and recommended they be loaned to a museum. The chancellor reviewed the need for a sale. In terms of security, he concluded it would be inappropriate for the settles to be returned to the church. As to finance, he stated that, whilst the church paid its way, at least £100,000 was needed for essential and desirable repairs and improvements. The chancellor considered the principles laid down by the Court of Arches where it is sought to sell church property in Re St Gregory's Tredington [1971] 4 All ER 386 and summarised them as follows:
(1) The churchwardens have legal title to moveable church property, and may sell it subject to the consent of the PCC and the grant of a faculty;
(2) Such sale may only be authorised if some good and sufficient cause can be proved;
(3) When a faculty is presented, the chancellor must exercise his discretion upon the evidence presented to him;
(4) Financial emergency relating to the fabric of the church building can be good and sufficient cause;
(5) The fact that the items in question are too valuable for use in church is relevant.
The Chancellor, having assessed the evidence found the case for the sale was made out. He decided against allowing the permanent loan of the settles to a museum. This would only postpone the problem and would not be a good use of resources. The net proceeds of sale were to be placed in trust on terms approved by the chancellor, the income (and, if necessary the capital) to be used for the restoration of the church in particular the monuments and works of architectural and historic interest.
[JG]
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