Selden makes some weighty remarks on Edgar’s law. “But as the first
part,” he says, “of his law that gives all tithes to the mother Church of
every parish, meant in them a parochial right to incumbent; so also the
second part, that permits a third portion of the founder’s tithes to be
settled in a church new built, whereto the right of sepulture is annexed,
makes a dispensation for a parishioner that would build such a church in
his bocland.... _I doubt not that such new erections within old parishes
bred also new divisions, which afterwards became whole parishes_, and
by connivance of the time took (for so much as was in the territory
of that bocland) the former parochial right that the elder and mother
Church was possessed of. For that right of sepulture was, and regularly
is, a character of a parish church, and as commonly distinguished from a
capella.”[164]
Edgar’s law was of great importance. If it were carried out at the
present day, the several daughter Churches which have burial grounds
would receive a share of the parochial tithes. These district or daughter
Churches relieve the mother or parish Church of a large part of the
spiritual duties without receiving any part of the spiritual endowments.
At no time was this neglected condition so keenly felt as before the
creation of the Ecclesiastical Commission. Some private patrons were, and
are still reluctant to divide a portion of the parochial tithes among
the incumbents of the daughter Churches. But public patrons do so. At
the present time, when some well-endowed parishes become vacant, public
patrons and some private patrons also, redistribute the tithe endowments
among the poorer incumbents of the same parish. But these commendable
changes have been brought about by Acts of Parliament and Orders in
Council.
Public-domain text, read in full here on John Shaqi.
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