The legates, on their return to Rome, made a report to the Pope of their
proceedings in England. The document was published in A.D. 1567 at Basle
by the Magdeburg Centuriators, from a manuscript of which they give no
account.[69] It contains, however, as Lord Selborne admits, abundant
internal proof of authenticity.[70] Yet he adds: “But because it is not
probable that, if the Injunctions which we now know from this source
only had entered into the body of the public law of the three greatest
Anglo-Saxon kingdoms of the eighth century, they would, in this country,
have entirely disappeared.”[71] When such arguments from negative
evidence as to laws are urged, I always think of Mr. Thorpe’s wise
remarks, that “what we now possess of Anglo-Saxon laws is but a portion
of what once existed.”[72] It contains twenty Injunctions, and was signed
by the two kings and all the bishops, including an Irish and Welsh bishop.
In this document the object of the mission is thus stated: “To travel
through and visit the island, and to confirm the authority of the Roman
Pontiff acquired there formerly through the mission of Augustine.”[73]
FIRST CIVIL LAW IN ENGLAND FOR PAYMENT OF TITHES.
The seventeenth Injunction is this:
“Of giving tithes, as it is written in the law. Thou shalt bring the
tenth part of all thy crops or first fruits into the house of the Lord
thy God. Again, by the prophet: ‘Bring,’ he says, ‘all the tithe into My
barn, that there may be meat in My house, and prove Me upon this if I
shall not open unto you the windows of heaven, and pour out a blessing
even to abundance, and I will rebuke the devourer for your sake, who
eats and spoils the fruit of your land, and your vineyard shall no more
be barren.’ As a wise man says, ‘No man can justly give alms of what
he possesseth, unless he had first separated to the Lord what he from
the beginning directed to be paid to Him.’ And on this account it often
happens that he who does not give a tenth is himself reduced to a tenth.
Wherefore we solemnly enjoin that all be careful to give tithes of all
that they possess, because it is the special part of the Lord God; and
let a man live on the nine parts and give alms, and we advise that these
things should be done secretly, because it is written, ‘When thou doest
thine alms, do not sound a trumpet before thee.’”[74]
“The terms of this article,” says Lord Selborne, “speak for themselves;
their character is evident, being that of a _pastoral precept, not legal
enactment_.”[75] He therefore rejects this as a civil enactment for
payment of tithes.
“There can be no doubt,” says Haddan and Stubbs, “that the legatine
canon, approved by the kings and Witan, had the force of law, although
it is uncertain by what means the law was enforced, or whether it was
enforced at all.”[76]
Public-domain text, read in full here on John Shaqi.
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