medieval-religion: Scholarly discussions of medieval religion and culture
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On Thu, 28 Oct 2004 09:25:41 -0400, you wrote:
>medieval-religion: Scholarly discussions of medieval religion and
>culture
>
>See the chapter on Church Property, c. XI, in E. Garth Moore, An
>introduction to English Canon Law (Oxford, 1967), pp. 97-106, for
>the distinction between consecration & dedication with their
>different impacts in law. Moore says they are not different
>theologically but a dedication "amounts in law to no more than an
>expression of pious intention." Consecration occurs "only after
>freehold to the land has been secured." I presume that covers
>mortgages as obstacles to consecration. Consecration, once
>registered, sets the land aside for sacred uses.
>
>Tom Izbicki
There's no reason in principle why mortgaged land can't be
consecrated. In English Law the freehold is simply title to the land:
there are hundreds of thousands of mortgaged freehold properties
here. While the lender usually requires the title deeds as security,
title remains with the borrower unless the lender applies for
repossession after sustained arrears, for which a court order is
normally required. The problem would be that when the consecrated
land is entered onto the diocesan register, it's frozen and, as you
say, needs an Act of Parliament, a Measure of General Synod or a
declaration of deconsecration as a redundant building made by the
bishop and the Church Commissioners under the Pastoral Measure 1983,
or by the bishop alone under section 22 of the Care of Churches and
Ecclesiastical Jurisdiction Measure 1991. See page 86 of the Third
Edition of Moore, edited by Briden and Hanson (London: Mowbrays,
1992) and the relevant Measures in Mark Hill's "Ecclesiastical Law",
Second Edition (Oxford: Oxford University Press, 2001) for further
details. Most secular lenders would object strongly to being put in
this position, but I don't see any problem about a mortgaged Church
being consecrated if the loan came from the diocese.
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