Faculties (& total ignorance), copyright, sharia, toe-curling church music – and that news story: a mixed week
Bishops in the House of Lords
House of Lords Business Papers for Thursday 17 September 2015 indicated that along with a the Rt Hon Andrew Lansley CBE and Shaista Sheehan, the Rt Revd Rachel Treweek, Lord Bishop of Gloucester, will be introduced to the Upper House on Monday 26 October at 2.30 pm. Bishop Rachel’s details are here. The new Bishop of Newcastle, Christine Hardman, will take the place vacated by the Rt Revd Jonathan Gledhill, Bishop of Lichfield, who retires next week after forty years of ministry.
Bishop Christine’s Confirmation of Election Service took place after Evensong at York Minster on 22 September; the Consecration Service will be held on 30 November at York Minster; and the Inauguration Service in the Diocese of Newcastle will be held at St Nicholas Cathedral, Newcastle on Saturday 12 December.
Further examples of clergy disregard for faculty jurisdiction
The cases reviewed in our September round-up of consistory court judgments and CFCE determinations all contained examples of clergy disregard for the faculty jurisdiction, to a greater or lesser degree, and all involved works under the provisions of an archdeacon’s licence. In Re St Peter & St Paul Bassingbourn  Ely Const Ct, David Etherington Ch temporary changes under an archdeacon’s licence resulted in “Heath Robinson” arrangements for screen and projector, the latter “[sitting] on a dinner tray set on top of a temporary board placed on top of the pews”, and poor electrical installation for which “a hole cut in the Rood Screen with exposed cabling [was] but one example”.
A strong message was sent by Chancellor Mark Hill QC to the diocese in the judgment Re St Thomas Sutton-in-Craven  West Yorkshire & The Dales Const Ct Mark Hill Ch, which concluded:
“This judgment is disproportionately lengthy for what is a relatively straightforward petition. It has thrown up several procedural matters, the exploration of which may not have been dispositive, but they have been addressed and explained as way marks in the legal landscape in which the consistory court of the newly-formed diocese of West Yorkshire and the Dales must operate, in common with every other diocese in the Church of England.”
Complete disregard for the faculty jurisdiction resulted in a censure for the priest and PCC in Re St Bartholomew Kirby Muxloe  Leicester Const Ct David Rees Dep Ch but as in the other cases, one wonders whether these situations would have arisen had there been the “rigorous enforcement … expected from archdeacons.”
Coincident with David handing over his PCC copyright responsibilities this week was the news from the US District Court in California in relation to the song frequently sung, impromptu, at the end of Mass and on all sorts of other ecclesiastical occasion, “Happy Birthday”: see Rupa Marya et al v Warner Chappell Music Inc, et al US Dist CV04460 (CD Cal) 2015. As Jack of Kent points out, Continue reading