This page seeks to cover some of the broader questions around the workings of a Diocesan Advisory Committee (DAC, the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 and the Faculty Jurisdiction Rules 2019 and how matters may then be heard in a Consistory Court.
Some sections below relate to the matter of the monument to Tobias Rustat on the west wall of Jesus College Chapel, Cambridge, where the DAC processed a request from the College, and subsequently issued its notification of advice. Further information on that hearing (to be held during the w/c 31st January 2022) can be found on the Jesus College, Cambridge, website here.
Diocese of Ely Statements
Diocese of Ely Statement on the Judgement in Regard to Jesus College, Cambridge - 23 March 2022
The Consistory Court of the Diocese of Ely is an independent court presided over by a Judge known as the Chancellor of the Diocese of Ely. In the matter of the monument to Tobias Rustat on the west wall of Jesus College Chapel, the Diocesan Advisory Committee (DAC) initially processed a request from the College, and subsequently issued its notification of advice in January 2021 to the Consistory Court of the Diocese of Ely.
Following the Consistory Court hearing, held in February 2022, the Deputy Chancellor has published his detailed written judgement, a public document - which is available below:
- Jesus College - Summary of Conclusions of Deputy Chancellor Hodge QC - 23 March 2022
- The Rustat Memorial, Jesus College, Cambridge - Judgement - Date: 23 March 2022
- Added 8 June 2022: 2022 ECC Ely 5 - Cambridge Jesus College - Costs Judgment
Should either party to the Court’s proceedings wish to appeal the Deputy Chancellor’s decision, permission to appeal would be required in a process independent to the Diocese of Ely. Appeals are heard by the Court of Arches, which is presided over by the Dean of the Arches, and is the upper court for the Province of Canterbury in the Church of England.
Diocese of Ely statement in relation to the Jesus College petition for a faculty regarding the Tobias Rustat memorial - February 2022.
The Diocesan Advisory Committee (DAC) is a statutory body advising on proposals affecting church buildings in the Diocese of Ely under the terms of reference laid out in the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 and the Faculty Jurisdiction Rules 2019.
In the matter of the monument (or cartouche) to Tobias Rustat on the west wall of Jesus College Chapel, the DAC processed a request from the College, and subsequently issued its notification of advice.
The advisory stage of the process now being complete, the matter sits with the Consistory Court of the Diocese of Ely, with a judgment to be made in due course by the Deputy Diocesan Chancellor, following a hearing.
Frequently Asked Questions
Q. Why did the College approach the Diocese of Ely in the first place?
The College was given the option some years ago, whether to bring the care of its Chapel under the faculty jurisdiction to fall under listed building consent under the 1990 Planning Act.
This is because the faculty system is specifically designed for places of Anglican worship where the overriding priority is the preservation of those buildings for worship and mission.
The Faculty system has been managing change in historic church buildings for centuries - long before secular planning controls for historic buildings. Key features of the system include careful consultation with the amenity bodies before decisions being made by an independent Court . The planning system is based around formal policy operated by Officers and arbitrated by politicians (both locally and nationally).
As part of the broader process, the College was required to consult both the Diocesan Advisory Committee (DAC) and various other designated amenity bodies, such as Historic England, the Local planning Authority and Church Buildings Council etc.
Q. What is the Diocesan Advisory Committee (DAC)?
The Diocesan Advisory Committee (DAC) is a statutory body advising both applicants and Chancellors on proposals affecting church buildings under the terms of reference laid out in the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 and the Faculty Jurisdiction Rules 2019. Every Diocese has its own Diocesan Advisory Committee (DAC).
- More on the DAC in the Diocese of Ely can be found here.
- These are the rules governing the operation of the Faculty process.
Q. What is the Consistory Court of the Diocese of Ely?
The Consistory Court of the Diocese of Ely is an independent court presided over by a Judge known as the Chancellor. The consistory court is an ecclesiastical court, dealing with matters of law relating to the Church – mostly in relation to its buildings. In the Church of England, every Diocese has its own consistory court.
Being a Court of Law, it hears petitions for Faculty (a Faculty is a permissive right to undertake works to a church building or its contents) for changes or repairs to church buildings.
Where there are serious objections, the court is sometimes required to hold a hearing in open court where witnesses are called and evidence is tested. The Chancellor or Deputy Chancellor decides whether a hearing is required. If a hearing is considered necessary, it will often be held in the church building to which it relates.
Q. How often do the Consistory Courts occur?
The Consistory Court of each Diocese will make a determination based on matters local to them, the frequency of which will vary between dioceses dependent upon what is being presented. In the Diocese of Ely, it is a relatively rare occurrence, with only a handful of instances over the past decade where such a determination was considered necessary.
Q. Is the Diocese of Ely attending the hearing?
Various individuals from a number of organisations may be called during the hearing to provide their views, this will be a determination of the Court and not the Diocese of Ely.
Q. Is it correct the Bishop of Ely is being called to the Hearing?
The Right Reverend Stephen Conway has been called to the Hearing in his capacity as Visitor of Jesus College, not in respect to his role as the Bishop of Ely. The role of Visitor relates to a college’s governance processes.
Q. What is considered during the hearing?
A consistory court operates in a similar way to other civil courts in England, with the two sides presenting their cases, much like in any other court. To support their arguments, witnesses are called and Counsel for each side will examine these witnesses, as in any other form of litigation.
Q. What does a decision look like?
The Chancellor may announce their decision at the conclusion of the hearing, alternatively the decision may be reserved. In either case a written judgment will follow. The detailed written judgement is a public document and once issued will be available on the Ecclesiastical Law Association website here - https://www.ecclesiasticallawassociation.org.uk/index.php/judgements/most-recent-judgments
Q. Is there an appeal process?
There is an appeal process. Appeals are heard by the Court of Arches, which is presided over by the Dean of the Arches, and is the upper court for the Province of Canterbury in the Church of England.
Q. More about the hearing
Further information on the hearing [Jesus College Chapel, Cambridge], including details for those wishing to attend, can be found on the Jesus College, Cambridge, website here.
Q. What has been published?
- Jesus College - Summary of Conclusions of Deputy Chancellor Hodge QC - 23 March 2022
- The Rustat Memorial, Jesus College, Cambridge - Judgement - Date: 23 March 2022
- Added 8 June 2022: 2022 ECC Ely 5 - Cambridge Jesus College - Costs Judgment
Further Information
- Ecclesiastical Jurisdiction and Care of Churches Measure 2018
- Faculty Jurisdiction Rules 2019
- Diocesan Advisory Committee (DAC) (in the Diocese of Ely)
- The Ecclesiastical Law Society website
- Ecclesiastical Law Association website 'useful links' / Rececent Judgements here
- Church of England Website - How we manage church buildings
- Wikipedia page - Consistory Court
- Jesus College webpage on Tobias Rustat
- Jesus College Page on Tobias Rustat Hearing - click here