The petitioners sought a faculty for the sale of a 12th century Greek lectionary. A preliminary issue arose as to whether such authority was necessary, turning on whether the lectionary was subject to faculty jurisdiction as part of the church’s contents.
The Church of the Wisdom of God was built in 1896 in Byzantine style as a gift from Sir Cosmo Bonsor and Dr Edwin Freshfield, reflecting the latter’s scholarly interest in Greece. It was licensed but never consecrated, remaining vested in trustees with maintenance by the parish PCC. In 1990, the church was brought under the faculty jurisdiction pursuant to section 6 of the Faculty Jurisdiction Measure 1964, which applied to licensed buildings and their furnishings and contents.
Dr Freshfield’s son inherited his father’s Greek interests and spent most of his later life travelling there. When he died in 1948, his widow gave the lectionary to the church. The lectionary was intended for display, but as this was not practical, it was placed in a bank vault, possibly being brought out for festivals, and then loaned to the British Library in 1968. The court granted a faculty for loan renewal in 2014, noting uncertainty about whether faculty was required but acting from abundant caution. In 2019, the British Library ended the loan as the lectionary no longer sufficiently benefited their users. It was transferred temporarily to Trinity College, Cambridge whilst a permanent solution was sought. The parish now wished to sell to the college rather than make indefinite loans.
Whether the lectionary was subject to the faculty jurisdiction depended on whether it formed part of the church’s contents. Whilst the lectionary had never been permanently housed in the church and may never have been physically inside the building, the court found this approach was too narrow. The gift was made on the understanding that the lectionary would somehow be made available within the church, and even after the 1968 loan to the British Library, it remained apt to describe it as part of the church’s contents. Accordingly, the faculty jurisdiction applied. Further directions would address the proposed sale to Trinity College at less than market value, requiring updated valuation and submissions addressing the Re St Lawrence, Wootton (2014, Court of Arches) guidance on church treasures.