The lay patrons sometimes exercised the power of discharging the
incumbent of his church and appointing another in his place. The church
was not as now, the incumbent’s freehold property. He then held his
position according to the will of the patron. We have sufficient evidence
on this point. It is stated in the Acts of the Third Lateran Council of
A.D. 1179-80, “So far has the boldness of laymen been carried, that they
collate clerks to churches without institution from the bishops, _and
remove them at their will_; and, besides this, they commonly dispose
as they please of the possessions and goods of churches.” This council
condemned “arbitrary consecrations,” as Selden calls them, of laymen.
“Before the Council of Lateran (evidently the third), any man might
give his tithes to what spiritual person he would.”[257] Four English
bishops sat at this council. The Council gave the death-blow to arbitrary
appropriations of tithes by laymen, without the consent of the bishop,
to whatever church or monastery they pleased. It was ordained by this
Council that no religious orders should receive any appropriations of
churches or tithes without the assent of the bishop. In Anglo-Saxon times
the tithes were given to the parish churches, but from A.D. 1066 to
A.D. 1200, they were also given to monasteries, bishops, and capitular
corporations. “Arbitrary consecrations of tithes,” says Blackstone, “were
in general use till the time of King John, which was probably owing to
the intrigues of the regular clergy or monks of the Benedictine and other
rules, under Archbishop Dunstan and his successors, who endeavoured
to wean the people from paying their dues to the secular or parochial
clergy. A layman, who was obliged to pay his tithes somewhere, might
think it good policy to erect an abbey, and there pay them to his own
monks, or grant them to some abbey already erected, and thus have masses
for ever sung for his soul.”[258] Not only had laymen appropriated
tithes to episcopal, capitular, and monastic corporations, but, in Lord
Selborne’s opinion, they may also have given them to parish churches.
Hence, he thinks, _the true origin of the endowment of parish churches
with tithes_.
The decree of the Third Lateran Council, making void arbitrary
appropriations of tithes, was at first opposed by the laymen of England,
and so the practice continued. But the English hierarchy from that time
opposed the practice, and by degrees it gradually ceased.
Pope Innocent III., in a decretal epistle which he addressed to the
Archbishop of Canterbury about A.D. 1200, owing to the continued
arbitrary appropriation of tithes by laymen in face of the decrees of the
Third Lateran Council, enjoined the payment of tithes to the parsons of
the respective parishes. But the epistle had no binding force on the lay
subjects of this kingdom.
Public-domain text, read in full here on John Shaqi.
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