Impetus to the building of monasteries, 146. Lay-owners arbitrarily
appropriated their tithes and churches to whom they wished, 147.
The monks initiated the practice of appropriating parochial tithes,
146. Bishops, chapters, and nuns followed their example, 147. Form
of conveyance used, 147. The incumbent not originally a freeholder
proved from one of the Acts of Third Lateran Council, A.D. 1180, p.
148. This Council gave a death-blow to arbitrary lay appropriations,
148. Its decrees opposed by English lay-owners, 148. A national
assembly at Westminster, A.D. 1125, condemned lay appropriations,
149. They gradually ceased in the reigns of Richard I. and John,
149. Fourth Lateran Council, A.D. 1215, gave parsons the parochial
rights to tithes for the future, 150. Monasteries and chapters had
to show their title to tithes by grants or by prescriptions, 151.
Monastic tithes were of two kinds, 151. 15 Richard II., c. 6 (1391),
provides for the poor and the vicar, 153. Lord Selborne on this Act,
153. His remarks open to grave objections, 154. This Act failed,
154. So the Act 4 Henry IV., c. 12 (1403), was passed, 154. Vicar
perpetual endowed by the bishop and not the monastery, 154. His three
functions, 155. He was to provide for the poor out of his endowments,
155. A list of the small tithes given to vicars, 155. Various changes
in shifting the persons who were to repair churches, 156. Archbishop
Stratford’s 4th canon made in a provincial council, A.D. 1342, for
the maintenance of the poor, 157. The poor had a claim on the tithes
from this canon and the Act of 1391, p. 157. The Act of 1403 gives
the vicar a permanent position, 158, 159.
CHAPTER XIV.
_Infeudations—Exemptions from Payment of Tithes, pages
159-162._
Infeudations defined, 159. Third Lateran Council first forbid
them, 159. Lay impropriations commenced after the dissolution of
monasteries, 159. The value of this property then and now, 159. The
present position of owners of monastic estates, 159, 160. The four
privileged orders paid no tithes, 161. Purchasing bills of exemption
put a stop to by 2 Henry IV., c. 4 (1400), p. 161. The Statute of
Premunire, 16 Rich. II., c. 5 (1393), pp. 161, 162. Such lands still
exempt by 31 Henry VIII., c. 13, p. 162.
CHAPTER XV.
_Monasteries, pages 163-176._
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