Chancellor’s Directions of 2000 (Ref. Churchyards Handbook)
Permission to Erect a Memorial 
1. As a general rule any parishioner and any person who dies within the parish is entitled to be buried in the parish churchyard, provided the churchyard is open for burials and there is space available. There is no right to place a memorial over a grave, and no memorial of any kind can lawfully be erected in a churchyard without permission first having been obtained.
2. Although the ownership of the churchyard is by ecclesiastical law vested in the incumbent, control over the churchyard is in the hands of the Chancellor of the Diocese, who is the Bishop’s legal officer. Thus every change in a churchyard, including the erection or removal of any monument, kerb, ornament or inscription requires the authority of the Chancellor.
3. In certain cases set out below the Chancellor delegates authority to the incumbent or priest in charge (or during a vacancy in the benefice, the Rural/Area Dean) to give permission for the erection of a memorial over a grave in the churchyard. The Chancellor is empowered to order the removal of any tombstone or other monument, which is erected without permission, or which does not comply with the conditions upon which permission was granted, or which is in any other respect unlawful. Any person found responsible for the unlawful introduction into a churchyard of a memorial of any kind may be ordered to pay the cost of removal of the memorial and the costs of the legal proceedings compelling him to do so.
Delegated Authority in Respect of Headstones and Memorial Crosses
4. The incumbent or priest in charge (or, during a vacancy in the benefice, the Rural/Area Dean) but no other person, may give permission for the erection of a headstone or a cross in the churchyard only in the cases, and subject to the conditions set out below. He/she is under no obligation to exercise the powers which are given to him/her and he/she is entitled, at his/her discretion, to say that any case must be the subject of an application to the Chancellor. In cases of doubt or difficulty he/she should always refer the matter to the Chancellor for directions.
5. For the sake of uniformity and avoidance of doubt so far as incumbents, stonemasons and all applicants for memorials are concerned, the following Headstone Regulations replace all previous Regulations relating to headstones.
6. Application: Every application must be made in writing on the form CR1 obtainable from the incumbent, priest in charge or, during a vacancy in the benefice, the Rural/Area Dean. The form must be signed by the applicant. It is not permissible for the stonemason to sign on behalf of an applicant. PERMISSION IS ONLY VALID IF GIVEN IN WRITING ON THE FORM PRESCRIBED FOR THE PURPOSE.
7. Date of Permission: No permission for the erection of a headstone will be granted until a period of six months has elapsed after the date of burial.
8. Size, Shape and Type: Permission may be given only for a plain headstone with straight sides and measuring not more than 107cms. (3ft. 6ins.) in height from the surface of the ground, not more than 76cms. (2ft. 6ins.) in width and not more than 102mm. (4ins.) thick and having a base projecting no more than 51mm. (2ins.) beyond the headstone in any direction except where a vase is incorporated when the base may extend a maximum of 202mm. (8 ins.) in front of the headstone. The top of the headstone may be straight or curved or some other shape provided that the overall height of the headstone does not exceed the height specified in this Regulation.
9. The headstone shall have a natural, non-reflective surface and shall not be polished nor finished in any manner giving an effect similar to that of polished stone. However, dependent upon the type of stone, its colour and its proximity to the church building, permission may be given for part of the headstone to be honed. Honing (the stage before final polishing) must be restricted to the face and base only of the headstone on condition that the remainder of the stone is left untreated in its natural cut state. It may be made of slate or any of the following stones, namely light or medium grey granite, Hopton Wood, Hornton Stone, Nabresina, Portland stone, Purbeck or York stone. Any other kind of stone must be the subject of a petition for a Faculty.
10. No headstone should be erected without a properly laid concrete base which is sunk flush with the ground (so that no part protrudes above ground) and is to be 91cms. (3ft.) wide and to project not less than 76mm. (3ins.) nor more than 127mm. (5ins.) at the front and back of the headstone. (Recommended mixture for concrete base is in the ratio 4 parts 1cm. (.375ins.) shingle; 2 parts sharp sand; 1 part cement (mechanically mixed).
It is the responsibility of the stonemason to ensure that if an alternative method is adopted the support system is satisfactory and secure so as to avoid the risk of the headstone being unstable or subsiding.
11. All headstones erected on a concrete base are to be soundly secured to a base at least 76mm. (3 ins.) thick (preferably with two non-ferrous metal or galvanised iron dowels not less than 102mm. (4ins.) in length 51mm. (2ins.) in head and 51mm. (2ins.) in base soundly fixed with cement. Where a flower vase is incorporated into a base then the base may extend a maximum of 202mm (8ins) in front of the headstone.
12. Inscription
- The full names of any person commemorated are to be used. Any name by which the person was usually known can be added in brackets after the Christian name, but only with the express permission of the incumbent.
- Tombstones are part of our heritage and the inscriptions should be informative to future readers. The inscription must be consistent with Christian belief in life after death and should not therefore simply be confined to expressions of personal loss or sorrow without any indication of an expectation of reunion in eternal life. An appropriate quotation from the Bible may be used. Wording which expresses something of the life or character of the person commemorated is to be encouraged. So far as possible original wording is to be preferred to a standard verse.
13. Lettering Incised lettering is to be preferred because of its durability. Lettering may be black or such other colour as is considered by the incumbent to be appropriate having regard to the type of stone to be used, its distance from the church and its relationship with other headstones. In any case of doubt as to the suitability of the proposed lettering, the application should be referred to the Chancellor for directions.
14. Decoration Permission may be given for any Christian symbol, including a small cross, a bible or the ICHTHUS sign. A single flower or a spray of flowers or other plant (such as ears of corn) of appropriate size may also be permitted. Where there is a request to use an emblem commemorating a person who served in one of the Armed Forces permission may be given provided that written evidence has been supplied with the form CR1 to prove the entitlement of the deceased person to use that emblem. A decorative design which illustrates the profession, occupation, special skill or interet of the deceased person may be authorised by faculty but permission may not be given on a form CR1 application.
15. Flower Vases Permission may be given for a single flower vase to be sunk in the base of the headstone and it may, if granted, have a stone cover to be placed over the flower vase in the winter.
16. Memorial Cross
- Permission may be given (without a formal application) for the placing of a wooden cross bearing the name of the deceased on the grave for a temporary period of three years. This period may be extended for a further period with the agreement of the Parochial Church Council if there are special reasons for doing so. The cross should be no larger than 38-40 cms (15 ins) high by 30 cms (12 ins) wide and have a natural wood colouring.
- Iron Crosses bearing the name and dates of the deceased have been used as memorials over graves in the past in various churchyards in the diocese. Such crosses measure about 45-46 cms (18ins) high and are still available today. The incumbent, priest-in-charge, or Rural Dean with responsibility for the churchyard may give written permission for an iron memorial cross to be placed over a grave where the burial of a coffin has taken place. In some churchyards where there are only occasional interments of cremated remains, written permission may similarly be given for an iron cross to be positioned over the place of interment of individual cremated remains provided a faculty has been granted authorising the incumbent, priest-in-charge or Rural Dean to give such permission.
- Memorial crosses may be of any of the following designs, the usual Passion (Latin) shape or Celtic, Maltese, Crosslet or St Chad’s, painted black with contrasting lettering. An application for an iron cross must be made in writing on form CR2 and the cross should not be ordered until the application has been approved in writing.
- Any memorial cross other than the wooden and iron crosses mentioned in paragraphs 16a, 16b and 16c above, whether it is to be made of stone, wood, iron or any other material, can only be authorised by a faculty. Such a cross needs to be individually designed and the reasons for the choice of a cross should be set out in the petition for faculty (obtainable from the Diocesan Registrar). The design will be considered by the Diocesan Advisory Committee which advises the Chancellor, and a faculty may be granted depending upon all the circumstances of the case.
Tombstones and Monuments requiring a Faculty
17. Except in the cases falling within the Headstone Regulations set out above, no tombstone, cross, monument, inscription, ornament or other item may be placed in a churchyard without the authority of a faculty, which is granted by the Chancellor. Every petition for a faculty must be addressed to the Diocesan Registrar at 53a New Street, Chelmsford CM1 1NE. An unopposed petition will usually be dealt with by the Chancellor without a hearing in open court. Where a petition is opposed there will be a hearing in open court, the costs of which will have to be borne by the parties in such manner as the Chancellor may direct.
18. Each petition will be considered on its merits, but the following points are to be borne in mind:-
- Kerbs are likely to be allowed only in exceptional circumstances and then only until such time as a scheme for the removal of kerbs in the churchyard has been authorised;
- Open books and scrolls of a simple design may be authorised but memorials in the shape of hearts, bird baths, and a figure statuary are unlikely to be allowed; no railings or plain or coloured chippings of any kind are likely to be permitted to be placed within existing kerbs or on any new memorial.
Maintenance of the Churchyard
19. Memorials: The Parochial Church Council is responsible for the maintenance of the churchyard and, together with the incumbent, is entitled to express its view as to the type of memorial which it regards as being suitable in the churchyard and aesthetically acceptable (having regard to the proximity to the church). The Parochial Church Council is encouraged to make its own rules to meet the needs of the local situation. Such rules must be kept within the limits laid down in these Regulations. All existing rules are superseded by these Regulations and must be amended to comply with them.
20. Flowers No plastic or artificial flowers of any kind (save for poppies at the time of Remembrance Sunday and wreaths at Christmas), nor any other artificial adornment may be placed on a grave or on or near a memorial nor in the churchyard at all. The Parochial Church Council is to make rules about the planting of bulbs and plants on graves, the removal of wreaths and cut flowers from graves and memorials, when they are withered, and the period of time during which Remembrance Day poppies and wreaths may remain in the churchyard.
The Parochial Church Council may delegate the power to deal with such matters to a person or persons deputed to be responsible for the day to day upkeep and maintenance of the churchyard.
21. Removal of Memorials No memorial nor any part of a memorial can be removed from the churchyard for restoration or replacement without the authority of a faculty. If it is necessary to remove a headstone for a short period simply to add a further approved inscription then no faculty is required but the incumbent, priest-in-charge or Rural/Area Dean as appropriate must be informed before the headstone is removed as to when it will be taken away and when it will be returned to the churchyard. Where a Parochial Church Council wishes to have certain memorials or kerbstones removed from the churchyard, it must prepare a scheme identifying each of the memorials affected. Inscriptions are often of genealogical and historical importance and the Essex Society for Family History should be consulted and given an opportunity of recording inscriptions on memorials affected by the scheme before a faculty is sought. The address of the Society (October 2008) is c/o The Secretary, Mrs Ann Church, 32 Parsons Heath, Colchester CO4 3HX e-mail secretary@esfh.org.uk, website http://www.esfh.org.uk/contacts.htm
General
22. Breach of Regulations: No order for any memorial should be placed with or accepted by a stonemason until authority to erect such a memorial has been obtained either (1) in writing from the incumbent, priest in charge, or during a vacancy in the benefice, the Rural/Area Dean, under the Headstone Regulations (above) or (2) by way of a Faculty.
23. The Archdeacon has a general supervisory role in his Archdeaconry to ensure that the ecclesiastical law is being observed, and he is required to bring any matter in which he believes there may have been a breach of the law to the attention of the Chancellor. The Chancellor may then hold a consistory court and make such order for the removal or replacement of a memorial, and such orders for costs, as may seem appropriate.
24. General Advice regarding the operation of these Regulations may be obtained from the Archdeacon. Any query regarding their interpretation should be referred to the Registrar for determination by the Chancellor.
Cross Reference
A3 The Chancellor and The Diocesan Registrar
A5 The Archdeacons
F3.1 Faculty Jurisdiction and Applications.