“With regard,” he says, “to tripartition of tithes, the documents quoted
in support of it are (as far as I am aware) a spurious passage in the
‘Penitential’ of archbishop Theodore; see Stubbs’ ‘Councils,’ iii. 173,
n. 203.”[33] In referring to the volume quoted here, I find that the
writers say nothing about this spurious passage, but at p. 203, Haddan
and Stubbs give the three passages in Theodore’s “Penitential,” which
“Penitential” _they state is genuine_, and to which I referred in a
previous page. Then Mr. Dibdin adds, “An alleged law of Ethelred, 1013.”
Where did he get 1013? He refers to Wilkins’s “Anglo-Saxon Laws,” p. 106,
but Wilkins gives it as a genuine law of Ethelred enacted in 1014. The
fact that he did not transfer this law to his “Concilia” is undoubtedly
no argument against its genuineness as a law. I refer for additional
information on the law of 1014 to another part of this book, where the
Church-Grith law of Ethelred is fully discussed.
“I will not put,” says Blackstone, “the title of the clergy to tithes
upon any Divine right, though such a right certainly commenced, and I
believe as certainly ceased, with the Jewish theocracy. Yet an honourable
and competent maintenance for the ministers of the gospel is undoubtedly
_jure divino_; whatever the particular mode of that maintenance may
be.”[34] I quite agree with these remarks. But as Mr. Serjeant Stephens,
in his Commentaries, says, “The institution of tithes in its specific
form is _odious_ to the people and unsatisfactory to the political
economists.”[35]
LANDOWNERS’ CHURCHES.
Public-domain text, read in full here on John Shaqi.
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