In England, the _custom_ of giving tithes as free-will offerings
gradually began, as I stated above, in the eighth century, or eleven
hundred years ago. The clergy were then quite satisfied with such
voluntary offerings. A few only at first gave them; then the number
gradually increased, by means of the pressure exercised in the
confessional box, in the ninth, tenth and eleventh centuries, until it
finally became _customary_ for _all_ to pay their tithe offerings. The
usual question put by the priest from the confessional box was, Did
they duly pay their tithes to God? In A.D. 850 a German bishop in his
visitations had specially this article of inquiry, “Si decimas recte
darent?” The custom in England gradually changed into a _common right_,
and it was by virtue of this common right that people were legally bound
to pay tithes. There was no positive law made for their payment. But
here is their injustice. When this _custom_ commenced, the population
of England and Wales could not have exceeded 160,000, with less than a
quarter of a million of acres under cultivation, and yet this _custom_,
originating under the above circumstances, generated a _common law
right_, which legally bound all subsequent generations to the payment
of predial, mixt, and personal tithes. I call this barefaced injustice.
It is utterly wrong to state, as some Church defenders do, that all the
parochial tithe endowments were _voluntarily_ bestowed on the Church
by the landowners. In a subsequent part I have explained the 2 and 3
Edw. VI., c. 13, s. 5, about barren and waste grounds brought into
cultivation, and also the lands and corn rents awarded in lieu of tithes
by the various Inclosure Acts passed in the last and present centuries.
Certain writers argue in the most unreasonable manner against the
division of tithes in England, and assert that the parson was legally
entitled to, and had enjoyed, all his tithes without diminution. Lord
Selborne, in his recent works, is the latest supporter of this erroneous
view. In another part I have fully explained how untenable these views
are.
The Norman monks initiated the appropriation of tithes to monastic
bodies. The lands belonging to the four privileged orders were specially
exempted from paying tithes, whilst others purchased bulls of exemption
from the popes.
The Third and Fourth Lateran Councils, held in 1180 and 1215
respectively, issued decrees against Infeudations and for the payment
of tithes. The latter council gave the English parson a common right to
parochial tithes. General Councils in which the laity were unrepresented,
had no right to pass decrees for the disposal of the private property of
the laity to whatever religious purpose they wished, or for the payment
of tithes. Their functions were confined to the discipline and doctrines
of the Church.
Public-domain text, read in full here on John Shaqi.
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