“In every licence from henceforth to be made in the chancery of
the appropriation of any parish church, it shall be expressly
contained and comprised that the diocesan of the place, upon
the appropriation of such churches, shall ordain, according to
the value of such churches, a convenient sum of money to be
paid and distributed yearly of the fruits and profits of the
same churches, by those that shall have the said churches in
proper use, and by their successors, to the poor parishioners
of the said churches in aid of their living and sustenance for
ever; and also that the vicar shall be well and sufficiently
endowed.”
Lord Selborne remarks on this statute: “This law had nothing to do with
tithes in particular, or with fruits and profits of any churches not
appropriated to monasteries. If there had been then (_i.e._ in 1391)
a law for a partition of tithes, as against all rectors, giving the
poor one-third, or any other definite share, no such legislation could
have been necessary; nothing would have been wanting, except simply to
_enforce that existing law_.”[262]
These remarks are open to grave objections. The law refers to a provision
being made for the vicar as well as for the poor. When a church
was appropriated to a monastery, it simply meant that the monastic
corporation appropriated all the endowments, lands and tithes of that
church together with all oblations. The monastic corporation placed a
deputy, called a vicar, in the parish to perform the ecclesiastical
duties, and allowed him such a wretchedly poor stipend, insufficient to
keep soul and body together. As for the poor of the parish, it is too
much to expect, as Lord Selborne remarks above, that the poor of 1391,
or 500 years ago, had their legal remedy against the powerful and rich
monastic corporation in order to enforce their common law and legal
rights to one-third of the tithes. Why, in this enlightened and advanced
age, as compared with 1391, the poor are coerced and defrauded of their
rights by the wealthy, who know that they have not the means “to enforce
their rights” in the superior courts—a luxury which can only be enjoyed
by those who have a good banking account.
Public-domain text, read in full here on John Shaqi.
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