It has escaped Lord Selborne’s notice that Cnute’s confirmation of
Edgar’s law, which grants one-third of the tithes to the manorial
priests, comes to the same thing as the threefold division of tithes in
the Church Grith law. The principle is the same in both, namely, that the
manorial priest, or the priest of the mother church, was legally entitled
to no more than one-third part of the tithes, and that the modern use of
taking _all the tithes_ was contrary to all rules, laws, and customs.
They were never originally given, and would never be given to the priests
on any such condition, namely, to convert them all to their own personal
use—in fact, to be their own private property or income, as is the case
now.
Now the great and important question is, “When and in what way did the
manorial priest acquire the other two parts?” How did the third, asks
Lord Selborne, pass into the whole? His answer is, “There is not, as
far as I know, so much even as a canon of any council, or a decree
of any Pope in the nature of a legislative act, enlarging the right,
or appropriating tithes generally, to parish churches in England or
elsewhere.”[229]
His conclusion is, that as the laity were at liberty to give their
tithes to whatever church they wished, “they might with equal right
and reason endow parish churches on their own estates with the predial
tithes of their lands within the parishes; and the probability was that
they would do so. No more likely explanation of the general prevalence
of such parochial endowments, where churches were not appropriated to
monasteries, has yet been suggested.”[230]
Public-domain text, read in full here on John Shaqi.
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