The first law making the payment of tithes legally imperative was enacted
in 779 by Charles, King of France, in a general assembly of his estates,
spiritual and temporal, viz., “Concerning tithes, it is ordained that
every man give his tithe, and that they be distributed by the bishop’s
command.” [De decimis, ut unusquisque suam decimam donet, atque per
jussionem pontificis dispensentur.][49]
Charles’s civil law had only enforced by coercion the existing
ecclesiastical law or custom of payment of tithes; and the ecclesiastical
law was founded upon the Levitical law; but I hold that the Levitical
law, as regards tithes, was not binding on Christians. In the New
Testament there is no reference whatever to tithes to be given to the
Christian priesthood. None of the apostles claimed tithes from their
followers.
“The growing habit,” says Kemble, “of looking upon the clergy as the
successors and representatives of the Levites under the old law may very
likely have given the impulse to that claim which they set up to the
payment of tithes by the laity.”[50]
The establishment of the right in England followed the same course as
that in France.
It is important to give Milman’s observations on the working of the above
law.
“On the whole body,” he says, “of the clergy, Charlemagne bestowed the
legal claim to tithes. Already, under the Merovingians, the clergy had
given significant hints that the law of Leviticus was the perpetual law
of God. Pepin had commanded the payment of tithes for the celebration of
peculiar litanies during a period of famine. Charlemagne made it a law of
the empire; he enacted it in its most strict and comprehensive form as
_investing the clergy in a right to the tenth of the substance and of the
labour alike of freemen and serf_.”
Public-domain text, read in full here on John Shaqi.
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