Churchwardens' Manual: their duties, powers, rights, and privilages — John Shaqi
Churchwardens' Manual: their duties, powers, rights, and privilagesSumner, George Henry
Religion
Churchwardens' Manual: their duties, powers, rights, and privilages
Sumner, George Henry
Church maintenance and repair; Church of England
It is not, however, in the case of new Churches that difficulties arise,
except when these new Churches take the place of old ones. Then it may
be that the old abuses of faculty pews and of supposed exclusive rights
in certain holdings have to be contended with. Cases have occurred where
supposed usurpers have been kept out of faculty pews when there is plenty
of room, or of locking up the pew when the so-called owner is absent.
Faculty pews are an anomaly, and I wish there were none, but if the title
to them can be proved they are legal and must be dealt with accordingly.
I do not imagine that any new faculties are now issued by the Courts, but
in the rebuilding of old Churches the dealing with existing faculties
requires very tender handling. It were heartily to be wished that all
legal holders of faculty pews would consent to waive their rights for the
future, for the sake of peace and the avoidance of jealousies. Of course
in such a case the Churchwardens would feel it an obligation which it
would be their pleasure to fulfil, to provide those who give up their
rights with such accommodation as their families may require. But if, as
is sometimes the case, they stand exclusively upon their rights,
Churchwardens have no power to abrogate the law, and can only look
forward to the future with hope, either that a short Act of Parliament
may be passed enacting that at the death of the present owner of a
faculty pew that particular faculty should cease, and determine, only
excepting (unless with the consent of the owner) cases in which under the
Church Building Acts the faculty was issued in consequence of money paid
down for the building of the Church with the understanding that the
faculty would be granted in consequence: or if this be not done that in
the lapse of time some holder of the faculty may regard the matter from
an unselfish standpoint and voluntarily resign his rights.
Meanwhile it is well to remember with regard to existing faculty pews
that:--
1. The form of appropriation in old faculties varies considerably. In
order to ascertain the wording of a particular faculty application should
be made to the Diocesan Registrar.
2. With regard to pews annexed by prescription to certain messuages the
right to the pew passes with the messuage, the tenant of which for the
time being has also _de jure_ for the time being the prescriptive right
to the pew. {46a}
3. No faculty can be legally granted entitling a non-parishioner to a
seat in the body of the Church. {46b} Any faculty so worded as to allow
this is void as far as that particular point is concerned.
4. No faculty gives power either to the owners and occupiers of the
house in respect of which the faculty has been issued to let such seats
apart from the houses, or to appropriate them to other persons.
Public-domain text, read in full here on John Shaqi.
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