Consistory court considers organ donation, again

Since 2017, church pipe organs have featured in fewer than 2% of the total number of consistory court judgments reviewed in L&RUK[*], many of which have considered their replacement by digital or hybrid instruments. The circumstances of the recent judgment, Re St. Anne Stanley [2024] ECC Liv 2, are notable in that this is the third occasion on which a tuba rank from another church has been installed in the church. The original organ, “an attractive three manual instrument with some 1810 pipes”, was built by the well-known Liverpool firm of Rushworth and Dreaper in 1916, but without a tuba stop. In 2008 the stop was added from Holy Trinity Church Coventry, and “apparently replaced” in about 2013 from another Rushworth and Dreaper organ in Bristol” [7].

The church of St Anne, Stanley (“St Anne’s”), is a busy Grade II* urban parish church, situated in the Old Swan area of Liverpool approximately 3 miles from the city centre in a busy urban area [1]. The church is “traditional” in its style of worship: the Eucharist is the main service with a four-part choir of up to 36 choristers [3]. The Petition seeks “to replace the current tuba rank with the rank from the redundant organ at St Elphin’s Church Warrington, on the understanding that if the rank is ever required to be returned, it can be done so, and our original rank re-installed”. Any modifications made to taller pipes is completely reversible and will be done at the cost of St Anne’s. The current St Anne tuba rank will be held in storage. In addition, installation of a small booster chest to the organ [4] to meet the desired pressure of 15” (as opposed to the existing 8” pressure) [13]. The estimated cost is £9,636 plus VAT [5].

In the Statement of Need, the vicar and wardens assert that there is a constant striving to make the organ sound “the best it possibly can”; the existing tuba rank is described as “not bad” but “not as good as it could be” [8]. The pipe organ at the church of St Elphin’s is not in use, and its PCC has agreed to the long-term loan of 61 tuba pipes from their organ to St Anne’s, on the understanding that should the St Elphin’s pipe organ ever be rebuilt or sold, then these are to be returned to St Elphin’s church [9].

The Vicar of St Anne’s reassured the Deputy Chancellor, via an email to the Registry “in St Anne’s, we are well aware of this arrangement and fully prepared to carry this “risk” moving forward [11]; The proposed works had the full support of the diocesan organ adviser and the organ builders who look after the Anglican cathedral organ and other instruments in the Diocese [12].

After addressing the Duffield questions, the Deputy Chancellor said:

“[17]. in this case, I have little difficulty in coming to the conclusion that the installation of the tuba rank pipes would not result in harm to the significance of the church as a building of architectural or historic interest. Indeed, I am satisfied that taking into account the style of worship and the music repertoire (which I have seen), the installation of the tuba rank from St Elphin’s will enhance the worship and music at St Anne’s.

[18]. Accordingly, I grant a faculty for the proposed works. There is no issue in relation to funding. Therefore, subject to the availability of the organ builders, there is no reason why the works cannot commence promptly. I attach a condition to the works that St Elphin’s must give St Anne’s a minimum of 6 months’ notice should they wish to seek the return of the tuba rank, or to sell their organ. The petitioners are aware that the costs to uninstall “will have to be met by St Anne’s should this ever arise”.

Notes

The church is “traditional” in its style of worship; the Eucharist is the main service with a four-part choir of up to 36 choristers [3]; the Deputy Chancellor took account of the style of worship and the music repertoire [17].

The church web site notes: “The tuba is situated in the top of the organ chamber and is the crowning glory of the instrument…In 2015 the bass pipes of the [William] Hill tuba started suffering metal fatigue and were becoming unsafe. The tuba pipes were replaced with ones made by Rushworth and Dreaper in 1935”. Although the instant case is based upon upon the premise that the return of the tuba rank appears to be remote, this is not dependant upon the condition of the pipes.


[*] i.e.16 judgments from a total of 830 to date, 29 April 2024.

Cite this article as: David Pocklington, "Consistory court considers organ donation, again" in Law & Religion UK, 2 May 2024, https://lawandreligionuk.com/2024/05/02/consistory-court-considers-organ-donation-again/

One thought on “Consistory court considers organ donation, again

  1. This sort of work will inevitably lead to the spoiling of two organs and should not be encouraged, what are they ‘striving’ to do, with apparent failure? There are a myriad small accommodations that will have to be made and, at the end of the day, as the previous unsatisfactory, substitution has shown, marrying material from builders who were working at different times, to different tonal criteria, is a recipe for failure. The last thing that will concern administrators, should one of the two churches be closed, will be the return and professional reinstallation of organ stops. A bad decision.

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