The incumbent and churchwardens initially sought a confirmatory faculty for the sale of two antique chests. Both chests were considered of no use and as taking up space unnecessarily. The parochial church council had resolved to sell both chests at auction. The auctioneers valued the chests at £500–£750 and £250–£350 respectively. They sold at auction for £15,500 and £3,800 respectively and were thereafter sold on for undisclosed sums. Thereafter the petitioners considered the chancellor's guidance and decided that they should have consulted the archdeacon about disposal of the chests and that a faculty might have been required. An application for a confirmatory faculty was made. The diocesan archaeological adviser urged that steps be taken to recover the property. The diocesan advisory committee and the Church Buildings Council (CBC) did not support the granting of a confirmatory faculty. It was noted that the incumbent was vulnerable to a complaint under the Clergy Discipline Measure 2003 and the churchwardens could be disqualified from holding office under section 72 of the Charities Act 1993. When the gravity of the situation became apparent to the petitioners they applied to withdraw the petition.

The chancellor held that a confirmatory faculty does not cure past illegality but corrects and regularises the future position. Therefore the absence of a faculty authorising the sale of church property meant that title could not be passed, rendering the ‘sales’ ineffective. Permission to withdraw the petition was given on the condition that enquiries be made as to the whereabouts of the chests, monitored by at least annual reports to the chancellor. The monies raised from the sales would be invested in accordance with directions from the diocesan registrar, subject to the release of interest if requested by the parish. The petitioners would meet the costs of the action. The illegality of the action was stressed but the chancellor took no steps to invite sanction, acknowledging that this was a single incident of misbehaviour and that appropriate behaviour and remorse had subsequently been shown by the petitioners. The auctioneers were criticised for their failure to ensure that the sales had been authorised by faculty. The CBC was asked to remind auction houses and antiques dealers of their duties in relation to checking authorisation and title to sell church property. [Catherine Shelley]