It is unreasonable to state that an unmarried parish priest with a free
parsonage house would be allowed to enjoy all these tithes as his own
income. No, for he was to keep hospitality. The rectors or monastic
bodies, who had the great tithes, kept the chancel of the church in
repair. And up to the present time, the owners of the great or rectorial
tithes, _and not the owners of any other church endowment_, are legally
bound to keep the chancels in good repair, and if they fall down, to
build them up again. What is this but a compliance with the original
division of tithes by which a portion was set apart for the repairs
of the church. And, as I shall show, these repairs included the whole
building, but in course of time the rectors kept the tithes and shifted
this responsibility on the shoulders of the parishioners, which led to
church rates. They did the same as regards the portion for the poor, who
were pecuniarily unable to maintain their claims in the higher courts, to
which legal remedy Lord Selborne refers.
In King Edmund’s law[263] the bishops were ordered to keep the churches
in repair, as the whole tithes of the parish went to them; but in
Canute’s laws of 1018, all the parishioners were ordered to keep their
churches in repair. Canute’s change from the bishops to the parishioners
can only be explained from the fact that the dilapidated condition of the
churches, the result of the Danish invasions, and a general destruction
of property throughout the country, made the funds at the bishops’
disposal insufficient for the purpose, and so the burden was thrown
generally upon the inhabitants. But when the country increased in riches
and prosperity, the liability for the repairs of the chancel was again,
and is still, placed on the owners of the great or rectorial tithes.
The following canon 4 is taken from the provincial constitutions of John
Stratford, Archbishop of Canterbury, made in a provincial council in
London, 10th of October, 1342.
Public-domain text, read in full here on John Shaqi.
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