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Master of the Faculties

October 27, 2023

The Master of the Faculties is a judicial officer in the Faculty Office of the Archbishop of Canterbury and has some important powers in English law, in particular the appointment and regulation of public notaries. Since 1873 the position has always been held by the Dean of the Arches.[1][2][3]

Functions edit

The Master of Faculties has retained his or her historical responsibility with respect to public notaries in England and Wales. This regulatory function is now subject to the statutory provisions of the Public Notaries Acts 1801[4] and 1843,[5] and the Courts and Legal Services Act 1990.[6] The Master of Faculties is an approved regulator under the Legal Services Act 2007: he or she is the sole relevant approved regulator for notaries. As notaries in England and Wales may also carry out certain non-contentious legal work,[7] he or she may thereby be a relevant approved regulator for certain dealings in land registration and real property, and for probate and the administration of oaths.[8] (Most, but not all, public notaries are also practising solicitors, so would carry out these functions in that capacity, and thus be regulated by the Solicitors Regulation Authority).[7]

The Master of Faculties also has responsibility for the issue of special licences for marriage in England and Wales, and for Lambeth degrees.[9]

Public notaries in some Commonwealth jurisdictions, such as New Zealand[10] and Queensland, Australia,[11] are still appointed through the office of the Archbishop of Canterbury, though in all other Australian States and Territories they are appointed by the relevant Supreme Court.[citation needed]

History edit

Following the English Reformation, the Ecclesiastical Licences Act 1533, s.3 gave the Archbishop, or "hys commissarie", power to issue "suche licences dispensacions composicions faculties delegacies rescriptes instrumentes or wrytynges have byn accustomed to be had, at the See of Rome". This included the power to appoint notaries in the ecclesiastical courts and the office of commissarie developed into that of the Master of the Faculties.[9]

The Master was formerly the principal officer of the Court of Faculties, one of the ecclesiastical courts, and also had the power, under the 1533 Act to:[citation needed]

List of Masters of the Faculties edit

References edit

  1. ^ Halsbury 1273
  2. ^ Coke, E. Institutes of the Lawes of England 4 337
  3. ^ Burn, R. The Ecclesiastical Law, 4th ed., 2
  4. ^ Public Notaries Act 1801 41 Geo. 3 UK c. 79
  5. ^ 6 & 7 Vict. c. 90
  6. ^ "Courts and Legal Services Act 1990, section 57". Legislation.gov.uk. Retrieved 23 June 2021.
  7. ^ a b "What is a Notary? - Functions". The Notaries Society. Retrieved 22 June 2021.
  8. ^ . Office of Public Sector Information. 2007. Archived from the original on 3 August 2008. Retrieved 3 March 2008.
  9. ^ a b . The Faculty Office. 2007. Archived from the original on 21 March 2008. Retrieved 4 March 2008.
  10. ^ "Welcome to the New Zealand Society of Notaries". Society of Notaries of New Zealand. Retrieved 6 July 2021.
  11. ^ "What is the Notary Public?". The Society of Notaries of Queensland Inc. Retrieved 6 July 2021.
  12. ^ "Paman, Henry" . Dictionary of National Biography. London: Smith, Elder & Co. 1885–1900.
  13. ^ "John Nicholl". Dictionary of Welsh Biography. 1959. Retrieved 23 June 2021.
  14. ^ "Congratulations to Charles George QC". Faculty Office. 20 April 2021. Retrieved 6 July 2021.
  15. ^ "Our People – The Master". Faculty Office. Retrieved 6 July 2021.

Bibliography edit

  • Ayliffe, J. Parergon juris canonici anglicani: or, A commentary, by way of supplement to the canons and constitutions of the Church of England 384
  • Brooks, C. W.; et al. (1991). Notaries Public in England and Wales since the Reformation. Norwich: Erskine Press.
  • Cheney, C. R. (1972). Notaries Public in England in the Thirteenth and Fourteenth Centuries. Oxford: Oxford University Press. p. 4. ISBN 0-19-822352-8.
  • Lord Mackay of Clashfern (ed.) (1997) Halsbury's Laws of England, 4th ed. Vol.14, "Ecclesiastical Law", 1273
  • — 4th ed. reissue Vol.33 "Notaries", 702

October 27, 2023
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The Master of the Faculties is a judicial officer in the Faculty Office of the Archbishop of Canterbury and has some important powers in English law in particular the appointment and regulation of public notaries Since 1873 the position has always been held by the Dean of the Arches 1 2 3 Contents 1 Functions 2 History 3 List of Masters of the Faculties 4 References 5 BibliographyFunctions editThe Master of Faculties has retained his or her historical responsibility with respect to public notaries in England and Wales This regulatory function is now subject to the statutory provisions of the Public Notaries Acts 1801 4 and 1843 5 and the Courts and Legal Services Act 1990 6 The Master of Faculties is an approved regulator under the Legal Services Act 2007 he or she is the sole relevant approved regulator for notaries As notaries in England and Wales may also carry out certain non contentious legal work 7 he or she may thereby be a relevant approved regulator for certain dealings in land registration and real property and for probate and the administration of oaths 8 Most but not all public notaries are also practising solicitors so would carry out these functions in that capacity and thus be regulated by the Solicitors Regulation Authority 7 The Master of Faculties also has responsibility for the issue of special licences for marriage in England and Wales and for Lambeth degrees 9 Public notaries in some Commonwealth jurisdictions such as New Zealand 10 and Queensland Australia 11 are still appointed through the office of the Archbishop of Canterbury though in all other Australian States and Territories they are appointed by the relevant Supreme Court citation needed History editFollowing the English Reformation the Ecclesiastical Licences Act 1533 s 3 gave the Archbishop or hys commissarie power to issue suche licences dispensacions composicions faculties delegacies rescriptes instrumentes or wrytynges have byn accustomed to be had at the See of Rome This included the power to appoint notaries in the ecclesiastical courts and the office of commissarie developed into that of the Master of the Faculties 9 The Master was formerly the principal officer of the Court of Faculties one of the ecclesiastical courts and also had the power under the 1533 Act to citation needed Create rights as to pews monuments and rights of burial places citation needed or Grant licences such as a faculty to erect an organ in a parish church to level a churchyard or to exhume bodies buried in a church cemetery citation needed List of Masters of the Faculties editThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed March 2008 Learn how and when to remove this template message Sir Charles Caesar 1638 1642 Robert Aylett 1642 Sir John Birkenhead Henry Paman 1684 1689 12 Sir Charles Hedges 1689 1714 Rt Revd Samuel Halifax 1770 1790 Lord Stowell 1790 John Nicoll 1838 1841 13 Sir John Dodson 1841 1857 Stephen Lushington 1858 1873 Sir Robert Phillimore QC 1873 1875 Lord Penzance 1875 1898 Sir Arthur Charles 1898 1903 Sir Lewis Dibdin QC 1903 1934 Sir Philip Wilbraham Baker Wilbraham Bt 1934 1955 Sir Henry Willink QC 1955 1971 Walter Wigglesworth QC 1971 1972 Sir Harold Pecker Kent QC 1972 1976 Revd Kenneth Elphinstone QC 1977 1980 Sir John Owen QC 1980 2000 Sheila Cameron QC 2000 2009 Charles George QC 2009 2020 14 Morag Ellis QC 2020 present 15 References edit Halsbury 1273 Coke E Institutes of the Lawes of England 4 337 Burn R The Ecclesiastical Law 4th ed 2 Public Notaries Act 1801 41 Geo 3 UK c 79 6 amp 7 Vict c 90 Courts and Legal Services Act 1990 section 57 Legislation gov uk Retrieved 23 June 2021 a b What is a Notary Functions The Notaries Society Retrieved 22 June 2021 Explanatory Notes to Legal Services Act 2007 Office of Public Sector Information 2007 Archived from the original on 3 August 2008 Retrieved 3 March 2008 a b About the Faculty Office The Faculty Office 2007 Archived from the original on 21 March 2008 Retrieved 4 March 2008 Welcome to the New Zealand Society of Notaries Society of Notaries of New Zealand Retrieved 6 July 2021 What is the Notary Public The Society of Notaries of Queensland Inc Retrieved 6 July 2021 Paman Henry Dictionary of National Biography London Smith Elder amp Co 1885 1900 John Nicholl Dictionary of Welsh Biography 1959 Retrieved 23 June 2021 Congratulations to Charles George QC Faculty Office 20 April 2021 Retrieved 6 July 2021 Our People The Master Faculty Office Retrieved 6 July 2021 Bibliography editAyliffe J Parergon juris canonici anglicani or A commentary by way of supplement to the canons and constitutions of the Church of England 384 Brooks C W et al 1991 Notaries Public in England and Wales since the Reformation Norwich Erskine Press Cheney C R 1972 Notaries Public in England in the Thirteenth and Fourteenth Centuries Oxford Oxford University Press p 4 ISBN 0 19 822352 8 Lord Mackay of Clashfern ed 1997 Halsbury s Laws of England 4th ed Vol 14 Ecclesiastical Law 1273 4th ed reissue Vol 33 Notaries 702 Retrieved from https en wikipedia org w index php title Master of the Faculties amp oldid 1149004730, wikipedia, wiki, book, books, library,

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