The Commissary Court of Canterbury granted a petition for the sale to the National Maritime Museum of two flags that had previously hung in a chapel in the parish church. One of the flags, a union jack, had been flown by HMS Minotaur at the Battle of Trafalgar; the other, an Austrian ensign, had been taken as a prize from the Spanish ship Neptuno during the battle. The flags were introduced in the church in 1930, when a memorial chapel was fitted out by a local family whose ancestor had served on HMS Minotaur at the Battle of Trafalgar. The flags were presented when the chapel was dedicated and had hung there until 1994 when, following a deterioration in their condition, they were taken to a specialist conservator for advice. They were then deposited in the treasury of Canterbury Cathedral. The flags were extremely fragile and in need of extensive conservation. The petition sought permission to transfer ownership of the Trafalgar flags to the National Maritime Museum. The Diocesan Advisory Committee advised that the flags were of national significance and that the National Maritime Museum was the appropriate body to conserve them. A large number of letters of objection were received; some were withdrawn once the true nature of the proposals was explained. There were no parties opponent. The Church Buildings Council and a number of specialist bodies were specially notified of the petition. None of them objected in principle to what was proposed but some expressed concerns about public access to the flags. Determining the petition on written representations, the Commissary General held that
i. The flags were a gift to the parish in 1930;
ii. Neither the cathedral treasury nor the parish church could provide a suitable long-term home for the flags, neither having facilities for the display or specialist conservation of the flags;
iii. The union jack would form part of a new special display at the National Maritime Museum, where the public would have free entry.
The credentials of the National Maritime Museum were beyond dispute, the statutory regime under which it operated ensuring that the flags were to be held by it permanently. By contrast, a local museum at Faversham (which expressed an interest in accommodating the flags) had no specialist staff who could restore the flags and was not currently in a position to display them. The disposal of the flags was justified under the criteria identified in Re St Gregory, Tredington [1972] Fam 236: it was necessary to ensure the proper care of the flags for the future and to relieve the parish of that responsibility. The proceeds of sale (£175,000 in total) were to be used to establish a charity to benefit local young people, particularly by providing them with historical education about the Battle of Trafalgar. The Commissary emphasised that her judgment was not intended to set any legal precedent or to provide encouragement to other parishes to dispose of treasures. [Alexander McGregor]
