“Whereas ecclesiastical men are entrusted with dispensing of tithes and other things belonging to the church, _that the poor by their prudent management may not be defrauded_; yet the religious of our province having churches appropriate, do so apply the fruits of them to their own use, _as to give nothing in charity to the poor parishioners_, being regenerate sons of the churches, _to whom they are bound to do this_ more than to strangers; by which means such as owe tithes and ecclesiastical dues become not only indevout, but invaders, destroyers and disturbers, to the danger of their own souls and theirs, and to the scandal of many; therefore with the approbation of this sacred council, we ordain that the said religious, having ecclesiastical benefices appropriate, be compelled by the bishops every year to distribute to the poor parishioners a certain portion of their benefices, in alms to be moderated at the discretion of the bishops in proportion to the value of such benefices, under pain of sequestration of the fruits and profits thereof, till they yield a reasonable obedience in the premisses.”[264] The inference to be drawn from this canon, and from the subsequent statute of 15 Richard II. c. vi. (1391), is that the poor had a claim on the tithes and other endowments; and this claim is admitted by Bishop Stubbs. But Lord Selborne, Fuller, and others, stoutly deny this claim. No doubt, the canon and Act refer to appropriated churches, when the avaricious monks retained all the tithes to their own use. But the inference above is generally applicable to all tithes. If not, what right had a provincial synod to make a canon, compelling appropriators who had neglected the poor to distribute to the poor, under the severe penalty of sequestration, a portion of the appropriated property? and almost all this property, unquestionably, consisted of tithes. The vicar-perpetual of Henry IV.’s Act must not be confounded with the later “perpetual curate,” who by a recent Act is now styled “vicar.” The former is endowed with the small or vicarial tithes; the latter is not so endowed. The most important parts of Henry IV.’s Act are, (1) permanently endowing the vicar, which, as regards tithes, equalled one-third part; and (2) giving the vicar as permanent a position in the parish as the rector.[265] But the autocratic freehold tenure has been grossly abused. This abuse, within the past thirty years, has much increased, owing to the lack of discipline and inability of the bishops to correct insubordinate and law-breaking parsons. There is no parochial council to check the conduct and actions of the autocratic endowed incumbent. He snaps his fingers at the parishioners, bishop, archdeacon, rural dean, or any other episcopal officer. He is the bishop of his own parish. His freehold tenure and endowments make him independent and absolute master for life within his parochial limits. CHAPTER XIV. _INFEUDATIONS—EXEMPTIONS FROM PAYMENT OF TITHES._