The Legal Position of the ClergySmith, Philip Vernon
Religion
The Legal Position of the Clergy
Smith, Philip Vernon
Canon law; Clergy -- Legal status, laws, etc. -- Great Britain; Ecclesiastical law -- Great Britain
4. The rights of the incumbent are, moreover, qualified and controlled
by the rights of the bishop on the one hand and of the parishioners on
the other. He has a general authority from the bishop to decide as to
allowing or disallowing the erection in the churchyard of tombstones
with inscriptions, not being of an unusual character in respect of size
or otherwise, as well as glass shades for wreaths and other additions to
the contents of the churchyard.[329] But any person interested may
appeal against his decision to the bishop's court, which has power to
determine the matter, subject to appeal to the higher tribunals.[330] He
cannot, however, authorise the erection of monuments or tablets in the
church itself, nor monuments of abnormal size in the churchyard. These,
as well as other additions to or alterations in the church or
churchyard, require the sanction of a faculty either from the bishop's
consistory court or, if there refused, from the provincial court or the
Judicial Committee of the Privy Council. A faculty for the purpose will,
in proper cases, be granted on the application of the incumbent and
churchwardens supported by a resolution of the vestry.[331] If there is
a rector impropriate, his consent will be necessary to any proposed
change in the chancel. As already noticed (Ch. VII. § 1 above), the
incumbent cannot validly, on his own authority, sell grave spaces in
perpetuity in the churchyard; and a faculty will not be granted for a
vault or space for exclusive burial unless it is clearly improbable that
it will inconveniently diminish the available ground for the burial of
the parishioners.[332] It is an offence on the part of any one to remove
earth and bones from the churchyard[333] or to desecrate it in any other
way; but a faculty will in a proper case be granted for diverting the
course of an ancient footpath through a churchyard when necessary for
the enlargement of the church;[334] and for throwing a portion of a
churchyard, which is not required for interments, into a highway.[335]
A wall of a churchyard which has been wilfully pulled down does not
require a faculty for its restoration.[336] A faculty has been granted
to secure for ninety-nine years an easement of light and air to the
lower windows of an adjoining house through the railings of a
churchyard, on payment of an annual rent of £22 to the rector for the
time being.[337] Where a churchyard or other burial ground has been
closed or is no longer used for burials, a faculty may be obtained for
laying it out as a garden with footpaths, and removing the tombstones
and placing them against the walls of the church or churchyard;[338] but
the erection upon it of any building, except for the purpose of
enlarging a church, chapel, or other place of worship, is unlawful, and
no faculty can be granted for it.[339]
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