CHAPTER XX.

_Tithe Act, 1891, pages 225-242._

1. Liability of owner to pay tithe-rent charge, 226. 2. Recovery of

tithe-rent charge through county court, 227. 3. Rules, 229. 4. Lands

occupied rent free, 230. 5. Restrictions as to costs, 231. 6. Rating

of owner of tithe-rent charge, 231. 7. Power of appeal, 232. 8.

Remission of tithe-rent charge when exceeding two-thirds annual value

of land, 233. 9. Definitions, 235. 10. Commencement and application

of Act, 236. 11. Repeal, 237. 12. Extent of Act and short title, 237.

13. Schedule of fees, 238.

_Remarks upon the Act._

One of the main objects in passing this Act, 238. County court, a new

machine, removing friction between tithe-owner and tithe-payer, 239.

The tithe-payer cannot be imprisoned for non-payment, 240. Provision

made to prevent collision between landowner and tithe-payer, 240.

Section 4 upsets the main principle of the Act. 241. The tithe-owner

must pay all rates, etc., 241. The Relief clause quite a misnomer,

242.

_Appendices, pages 243-258._

Tithe-rent charges in 1836 of—

A. Archbishops and Bishops, 243.

B. Chapters, 244.

C. Separate estates of Deans, Precentors, Chancellors,

Treasurers, and Prebendaries, Vicars Choral and

Archdeacons, 245, 246.

Summary of A, B, and C, 246.

D. Universities, public schools, hospitals, charities, etc., 247,

248.

Summary of D, 248.

Beneficial operations of the Ecclesiastical Commission, 249,

250.

Unsatisfactory results of extension of Local Claims in the

Act, 1860, 250, 251.

E. Septennial averages of wheat, barley, and oats for 55 years,

ending 1890, p. 252.

F. Summary by Counties of Tithe-rent charge in England and Wales,

253.

G. Analysis of F, showing the number of old parishes, and the

number appropriated to monasteries, etc., 254, 255.

Explanation of this Analysis, 255, 256.

H. Lands and money payments made in lieu of tithes by the

Inclosure Acts, 257.

I. Gross annual amount of Church Revenues, and number of

Benefices and Parsonage Houses, 258.

_Index, pages 259-268._

INTRODUCTION.

When engaged in writing the History of the Rise, Progress, and Present

Position of the Ecclesiastical Commission for England, I had to deal

with the endowments of the Church. My desire was to collect facts as to

their origin in the Christian Church generally, and in the Church of

England particularly. In searching after truth and facts, I experienced

no little difficulty in arriving at correct conclusions, from the various

contradictory statements on the subject. One party saw in the payment

of tithes a continuity of old Scriptural laws in the Christian Church,

payment which Christians were bound to make, whether they liked it or

not; passages from the Old and New Testaments were distorted, and forced

meanings given to them; apostolical constitutions were forged in support

of their payment. What Isidore did as regards his forged decretals we

find other writers did as regards tithes, and sham miracles are paraded

in their works in support of tithes in the Christian Church. Another

party, of whose views John Selden is the impartial exponent, took a more

correct view of the subject, and denied that the patriarchal custom, or

Mosaic law, bound Christians to the payment of tithes _quâ_ tithes. He

asserted, with truth, that the Divine Founder of the Christian religion

and His apostles left behind them no written instructions for the

payment of tithes, but the latter did state how the ministers were to

be maintained, viz., on the purely voluntary principle. I am certain

it is against the whole tenour of the New Testament writings, that any

funds for the support of those who minister at the altar, or in building

or repairing sanctuaries for divine worship, should be collected _vi et

armis_. It is revolting to all Christian principles enunciated in the New

Testament, that men should be imprisoned, or their goods seized, or, even

as it has happened in Ireland within this century, be shot dead, because

they refuse to pay tithes. But there have been, and there are still,

men in England who unblushingly justify all the above means by which an

odious and unscriptural tax should be collected for the support of the

ministers of the Church of England. Some foolish writers assert that the

payment of tithes is not a tax. It is unquestionably a tax. On the other

hand, there have been, and there are still, in England noble-minded,

sympathetic, and large-hearted Christians, who have conscientiously

opposed such taxation as unscriptural.

For centuries after the Christian Era, the Christians paid no tithes

_quâ_ tithes. In some of the episcopal writings of the second and third

centuries suggestions are thrown out, but nothing more, recommending the

payment of tithes according to the Mosaic law; certainly not with the

view of handing over to the ministers all the proceeds of such payments,

but to supplement the Church funds for the support of the poor, the

fabric of the churches, and the ministers. According to the Mosaic law,

the priests received but the one-hundredth part of the tithes, for the

Levites had also to be provided for.

It was not until the fifth century that canons were passed for the

payment of tithes. They were unknown in the British Church when Augustine

landed on our shores, at the end of the sixth century. His mission was

a mixture of good and evil. It was good, because it introduced among

the Anglo-Saxons an active evangelical spirit. It was evil, because it

formed the first link of an alliance between the Church of England and

the Church of Rome. From that time forward the bishops of Rome interfered

in the discipline and doctrines of the English Church. They sent their

legates to England to attend provincial synods and to pass canons for

the payment of tithes, without consulting the laity. The Church of Rome

never allows the laity to have a share or a voice in any ecclesiastical

matters. That was always, and is still, the most prominent feature in her

organization. In the eighth century, tithe free-will offerings were first

given in England by a few individuals. In the ninth century Charlemagne

passed the first lay law for the payment of tithes in his dominions. This

was a great victory gained by the Church. His father, in A.D. 755, gave

Ravenna to Pope Stephen III., and thus initiated the temporal territorial

power of the popes. Milman in his history gives a sad account of the

working of the tithe law in the Emperor’s territories, so different to

the teaching and spirit of the Gospel! The laity, however, refused to pay

the tax.

In England, the _custom_ of giving tithes as free-will offerings

gradually began, as I stated above, in the eighth century, or eleven

hundred years ago. The clergy were then quite satisfied with such

voluntary offerings. A few only at first gave them; then the number

gradually increased, by means of the pressure exercised in the

confessional box, in the ninth, tenth and eleventh centuries, until it

finally became _customary_ for _all_ to pay their tithe offerings. The

usual question put by the priest from the confessional box was, Did

they duly pay their tithes to God? In A.D. 850 a German bishop in his

visitations had specially this article of inquiry, “Si decimas recte

darent?” The custom in England gradually changed into a _common right_,

and it was by virtue of this common right that people were legally bound

to pay tithes. There was no positive law made for their payment. But

here is their injustice. When this _custom_ commenced, the population

of England and Wales could not have exceeded 160,000, with less than a

quarter of a million of acres under cultivation, and yet this _custom_,

originating under the above circumstances, generated a _common law

right_, which legally bound all subsequent generations to the payment

of predial, mixt, and personal tithes. I call this barefaced injustice.

It is utterly wrong to state, as some Church defenders do, that all the

parochial tithe endowments were _voluntarily_ bestowed on the Church

by the landowners. In a subsequent part I have explained the 2 and 3

Edw. VI., c. 13, s. 5, about barren and waste grounds brought into

cultivation, and also the lands and corn rents awarded in lieu of tithes

by the various Inclosure Acts passed in the last and present centuries.

Certain writers argue in the most unreasonable manner against the

division of tithes in England, and assert that the parson was legally

entitled to, and had enjoyed, all his tithes without diminution. Lord

Selborne, in his recent works, is the latest supporter of this erroneous

view. In another part I have fully explained how untenable these views

are.

The Norman monks initiated the appropriation of tithes to monastic

bodies. The lands belonging to the four privileged orders were specially

exempted from paying tithes, whilst others purchased bulls of exemption

from the popes.

The Third and Fourth Lateran Councils, held in 1180 and 1215

respectively, issued decrees against Infeudations and for the payment

of tithes. The latter council gave the English parson a common right to

parochial tithes. General Councils in which the laity were unrepresented,

had no right to pass decrees for the disposal of the private property of

the laity to whatever religious purpose they wished, or for the payment

of tithes. Their functions were confined to the discipline and doctrines

of the Church.

When monasteries and chantries were swept away by Henry VIII. and his

son, the lands, tithes, and all other kinds of property passed to the

Crown, and the Crown granted the greater part of the tithes to bishops

and chapters in exchange for landed estates which were granted to laymen,

many of whose posterity or assignees hold them at the present day. In

Edward VI.’s reign about six millions of acres were under cultivation,

but from that time to the present over twenty millions of acres of waste

lands have been brought under cultivation, and for which tithes are paid.

From A.D. 1547 to 1890, about 5,000 new parishes and districts have been

formed, of which 1,530 were formed from A.D. 1547 to 1818, and about

3,470 from 1818 to the end of 1890.

Towards the end of the first quarter of the present century there arose

a cry for Church Reform. Dr. Howley, Archbishop of Canterbury, was the

first to take steps, in 1829, to reform the then existing abuses in the

Established Church, as to episcopal revenues, commendams, non-residence

of incumbents, sinecures, pluralities, etc., which were like so many

cancers eating away the body politic. This led to Earl Grey’s Royal

Commission of Inquiry, dated 23rd of June, 1832; to Sir Robert Peel’s

Commission, dated 4th February, 1835; to the five remarkable reports

of this Commission; to the Episcopal Act and Tithe Commutation Act

of 1836; to the Ecclesiastical Commission for England, 1836; to the

Pluralities Act of 1838; to the Cathedral Act of 1840; in fine, to the

passing, from 1836 to 1890, or fifty-five years, of about one hundred

and thirty statutes directly and indirectly affecting the Church of

England, besides some thousands of Orders in Council, having the force

of Acts of Parliament when published in the _London Gazette_. Yet many

Churchmen boastingly assert that the Church of England has received no

help from the State (!) The Ecclesiastical Commission is actually a State

Department. And what amount of money would have remunerated the members

of the various successive governments from 1832, who boldly stepped

forward to drag the State Church out of that sink of abuses in which the

first Reformed Parliament found her? If our leading statesmen in and

after 1832 had not promptly and energetically taken steps to reform the

flagrant abuses of the Church, it could not possibly long survive as an

Established Church.

The Commutation Act of 1836 settled a long-burning question. The gross

value of the tithes was about six millions. These were commuted to four

millions. The landlords not only gained two millions, but also increased

rentals from the improvements which their tenants made when the tithe was

commuted into a corn rent payable in money and permanent in quantity, but

fluctuating yearly in value, so that any improved value given to land

would not increase the amount of the rent charge. Again, the landlords

gained about half a million a year by the various changes which were made

in the extraordinary tithe rent charges. By the Commutation Act, the

landlords and not the tenants are the real tithe-rent payers. But the

landlords having contracted themselves out of the 80th clause of that

Act, and having arranged with the tenants to pay the tithe rent-charge, a

good deal of ill-feeling has sprung up in certain parts of the country,

especially in Wales, on the part of the farmers against the tithe-owners.

The Tithe Act of 1891 makes the owner of the lands and not the occupier

liable for the tithe-rent charge.

Henry VIII., as “Supreme Head of the Church of England,” made no change

in her doctrines, and the clergy received their tithes as hitherto for

saying masses for the repose of the souls of departed parishioners,

granting absolution, teaching transubstantiation and doctrines as regards

purgatory. The tithes and landed endowments were originally granted for

teaching these doctrines. But in the reigns of his son and Elizabeth

changes were made in both ritual and doctrines, and those incumbents who

refused to adopt the doctrines, framed in accordance with those used

in the Primitive Christian Church, were deprived of their incumbencies

and consequently of their tithes and other Church endowments. But there

was no physical transfer made then of such endowments, and the Church

was the same Church of England, but reformed. Their successors, who

embraced the doctrines against masses, purgatory, absolution, confession,

transubstantiation, etc., were appointed on the condition of strictly

complying with the Act of Uniformity and of the doctrines enunciated in

the Thirty-nine Articles. It was in virtue of such compliance that they

were put in possession by Acts of Parliament of the tithes and other

endowments of the Church, which their predecessors had enjoyed. It was

purely a change of usufructuary possessors without the least disturbance

of the property. The new tenant solemnly engaged to comply with the new

laws of the Church; the old tenant refused to do so, and had therefore

to leave. That was all. The incoming trustee held his endowments by

a Parliamentary Title. The present usufructuary possessors of Church

endowments hold them also on the above conditions, and by the same

Parliamentary Title. And as Parliament gave the Title, it can also change

the Title. But how do matters stand now? Dr. Vaughan, the Roman Catholic

Bishop of Salford, in a small pamphlet recently published, says of the

Church of England, “Its bishops, ministers and people are busily engaged

in ignoring or denouncing those very articles which were drawn up to be

their eternal protest against the old religion. The sacramental power of

orders, the need of jurisdiction, the Real Presence, the daily sacrifice,

auricular confession, prayers and offices for the dead, belief in

purgatory, the invocation of the Blessed Virgin and the saints, religious

vows, and the institution of monks and nuns—the very doctrines stamped in

the Thirty-nine Articles as fond fables and blasphemous deceits—all these

are now openly taught from a thousand pulpits within the Establishment,

and as heartily embraced by as many crowded congregations. Even the

statue of the Blessed Virgin Mary has been recently enthroned upon a

majestic altar under the great dome of St. Paul’s.” From these facts

Bishop Vaughan claims that England is already “half Catholic.”

A HISTORY OF TITHES.

CHAPTER I.

_BEFORE THE CHRISTIAN ERA._

The first instance on record of the payment of tithes is found in Genesis

xiv. 20, when Abraham, after having rescued Lot, was returning a victor

from the battle with the spoils of war. King Melchizedek met him on the

way, and Abraham gave him, in his office of priest of God, “tithes of

all.” It is a disputed point whether Abraham meant a tithe of all his

property or of all spoils of war which he had with him.

The next instance we find is the vision of Jacob’s ladder. He vowed

to God “Of all that Thou shalt give me I will surely give the tenth

unto Thee” (Gen. xxviii. 22). It is laid down in the Mosaic law, “And

thou shalt surely tithe all the _increase_ of thy seed, that the field

brought forth year by year” (Deut. xiv. 22). It is important to note

the word “increase” in this passage, which in our law courts had often

decided disputed cases, whether certain things were tithable or not.

For instance, Were all herbs tithable? Only those which man eats. In

Leviticus xxvii. 30-32, “All the tithe of the land, whether of the seed

of the land, or of the fruit of the tree, is the Lord’s: and the tithe of

the herd, or of the flock, even of whatsoever passeth under the rod, the

tenth shall be holy unto the Lord.” It was the custom for a person to be

at the sheep-cot with a coloured rod, and as the sheep came out one by

one, every tenth was marked with this rod; and that is what is meant by

“passing under the rod.”

The priests at Jerusalem received the first fruits and heave offerings,

but not the tithes. The heave offerings were the one-sixtieth of the

gross produce. But the tithes were devoted to the whole tribe of Levi at

Jerusalem, and they gave the tithe of their tithes to the priests—that

is, one-hundredth part. It was from this custom, and in order to support

the Crusades, that the popes of Rome exacted, early in the fourteenth

century, the first fruits and the tithe of the tithes from the hierarchy

and beneficed clergy, who were under their spiritual jurisdiction. And

when King Henry the Eighth displaced the pope and assumed the supreme

authority in the Church, he also exacted the first fruits and tenths.

Queen Anne, by an Act passed in 1704, gave the first fruits and tenths

back to the Church for the special purpose of augmenting poor livings.

After the destruction of the second temple and the dispersion of the

Jews, the payment of tithes among the Jews ceased, because they thought

that Jerusalem alone was the place where tithes ought to be paid, and

also because it became impossible to trace out the tribe and priesthood

to whom alone they were to be paid. It is a question whether the Jews

who were converted to Christianity before the destruction of the second

temple had paid tithes to the Levites.

The heathen nations seem to have copied and adopted the Jewish custom of

paying tithes. We read of the Greeks having paid tithes of the spoils of

war to Apollo, and of the Romans to Hercules. But, properly speaking,

they were not the sort of tithes mentioned in the Mosaic Law. They were

only arbitrary vows and offerings; but no conclusion can be drawn that

they were tithes because tenths were given. Sometimes the heathen

offered more and sometimes less than one-tenth.

Some ardent supporters of the payment of tithes make themselves

ridiculous in tracing their origin to Adam. They state that Adam paid

tithes. Here is their story as stated by Selden: “God charged Adam when

there was but one man in the world that he should give Him the tenth part

of everything, and to teach his children to do the same; but as there

was no man to receive it for Holy Church, God commanded that the tenth

part of everything should be burned. In the offerings of Cain and Abel,

Abel tithed truly of the best, but Cain tithed falsely of the worst. Cain

killed Abel because he said he tithed evil. So people must see that false

tithing was the cause of the first murder, and it was the cause that God

cursed the earth.”[3]

It is very wrong that Scriptural passages, such as that given above,

should be distorted in order to induce people to pay tithes to “Holy

Church.”

CHAPTER II.

_FROM THE CHRISTIAN ERA TO THE COUNCIL OF MASÇON._

In Apostolical times the Christian ministers were supported by voluntary

contributions out of a common fund, and this practice prevailed for four

hundred years.[4] Those who preached the Gospel lived by the Gospel, but

this Scriptural statement did not mean, as some assert, that they were to

live on the payment of tithes, otherwise it would have been stated. St.

Paul ordered weekly collections to be made for the saints in the Churches

of Galatia and Corinth (1 Cor. xvi. 1, 2). The voluntary contributions

of the faithful were collected and put into a common treasure (Acts ii.

44; iv. 34). The liberality of the Christians then far exceeded anything

which could have been collected from tithes. And even if tithes had been

exacted, it is exceedingly doubtful whether the progress of Christianity

would not have been materially checked at its outset.

The Jewish Law, as regards the payment of tithes, was not binding on

Christians, no more than the custom of bigamy and polygamy adopted by the

Israelites is binding on the Christian Church. There is no injunction in

the New Testament binding Christians to pay tithes to their ministers.

And when the payment was first urged in the Christian Church, it was

supported by references to the Mosaic Law and not to St. Paul’s words,

viz., “That those who preach the Gospel should live of the Gospel.”

There was a growing habit of looking upon the clergy as the successors

and representatives of the Levites under the Old Law, and this habit had

given an impulse to that claim which they set up to the payment of tithes

by the laity.[5]

The Apostolical Constitutions for the Christian Church, collected, as it

is alleged, by Pope Clement I., the successor as is said of St. Peter,

first bishop of Rome, were fabricated more than eight centuries after

apostolical times. Cardinal Bellarmine is honest enough to ignore them.

But they imposed on the credulous and were accepted without criticism as

genuine, even by canonists, in the tenth and eleventh centuries. Selden

thinks they were concocted about A.D. 1000; others think in 1042. In

these Constitutions tithes are stated to have been paid by the Christians

to the Apostles. Sir H. Spelman (p. 108) thinks the first thirty-five

canons are very ancient. “Dionysius Exiguus,” he says, “who lived within

400 years after the Apostles, translated them out of Greek.”

The fifth canon ordained that first fruits and tithes should be sent to

the house of the bishops and priests, and not to be offered upon the

altar. The Greek word in the copy is not δεκασμούς. No solid argument

for the payment of tithes can be founded on this canon, for if we take

the custom of the Anglo-Saxon Churches at the end of the sixth century,

which was in accordance with that in primitive times, we find no account

for the payment of tithes. “There is no mention of tithes,” says Lord

Selborne, “in any part of the ancient canon law of the Roman Church,

collected towards the end of the fifth century by Dionysius (called

Exiguus or the Little), a Scythian monk who collected 401 Oriental and

African canons.”[6]

The monks in their cells had sufficient leisure to concoct these

Constitutions, and palm them on the credulous as the genuine production

of the Apostles. The concocted Constitutions were copied and handed down

from century to century without any attempt being made to test their

genuineness and authenticity. It seems exceedingly strange that African

divines and laymen should refer to the Apostolical Constitutions as an

authority for the payment of tithes in apostolic times, although Cardinal

Bellarmine, a great champion of “Holy Church,” ignored them.[7]

Churchmen like Archdeacon Tillesley, many of whom are in the receipt

of tithes or tithe-rent charges, will naturally act like drowning men,

and snatch even at passing straws to save the tithes. Could anything,

for example, be more childish and absurd than the story of tracing the

payment of tithes to Adam? And what makes the case worse is to distort

Scripture so as to deceive the people who could neither read nor write,

and even those who could read had no open Bible to consult to see for

themselves whether these things were so.

Members of the Anglican Church forget when using such weapons as the

“Constitutions” in support of tithes, that the very cause of the English

Reformation in the sixteenth century was the adoption into the English

Church of the traditions and errors of the Church of Rome, which

were said to have been handed down by the Apostles in the so-called

Apostolical Constitutions, although many of them can be shown to be

contrary to the Scriptures. Archdeacon Tillesley does not defend the

whole volume of the so-called Constitutions of Clement I., but he does

that part which deals with the payment of tithes. He evidently had

forgotten the mechanical axiom, that nothing is stronger than its weakest

part. “Because the early Christians,” he says, “were liberal to the

Church, therefore it was reasonable that tithes in the ‘Constitutional

Apostolical’ were true.” Nothing of the sort, because it does not follow

as a logical sequence.

After apostolical times, monthly offerings and oblations, we are

informed, were made in all the churches, and were used for three

purposes. (1) In maintaining the clergy; (2) in supporting the sick

and needy; and (3) in repairing the church fabric. These monthly

contributions were in the third century augmented by grants of lands,

which were annexed to churches, the revenues derived from which were

appropriated to the same three purposes. In A.D. 322 Constantine, the

first Christian emperor, published an edict which gave full liberty to

his subjects to bestow as large a proportion of their property to the

clergy as they should think proper. From all these sources of revenue the

Christian Church was rapidly increasing in wealth. But for more than four

hundred years after the Christian era there was no authoritative Church

canon made for the payment of tithes; and then such canon was founded

upon the Mosaic Law. The question then is, are Christians justified in

adopting the Mosaic Law for the payment of tithes? This law had no force

outside Jewish territory. There is no order in the New Testament for

their payment. Among the Jews we fail to find such anomalies, rather

scandals and misappropriations, in respect to the distribution of tithes,

as are found in England and Wales. The gross amount of tithe-rent charge

is slightly over four millions per annum. Add to this the extraordinary

rent charges on hops, the corn rents and extensive lands awarded in

lieu of tithes by the large number of Inclosure Acts. Among the Jews

we find no record of lay impropriators, schools, colleges, charities

and hospitals receiving tithes. Granted, for argument’s sake, that the

Christian priesthood as succeeding the Mosaic priesthood, claimed the

tithes according to the Mosaic Law, then it is a misappropriation of

tithes to give them to those outside the priesthood, and who perform no

spiritual functions. We must therefore go back to very early times, to

the history of tithes in the Christian Church, for the beginning of the

scandalous misappropriations of tithe endowment for spiritual purposes.

In England the scandal commenced after the Norman Conquest with the

Norman monks who were in English monasteries.

About one-fourth of the whole tithe rent charge is appropriated or

rather misappropriated to lay purposes by laymen, many of whom are quite

unconnected with the religious duties of those parishes from which the

tithes arise. Then, again, we have a large extent of land—formerly

monastic—which is tithe free. There are also lands in the vicinity of

large cities and towns built upon, for which the landlords receive

enormous ground rents, and when the leases expire they take possession of

the house property. But they pay nothing to the Church for the increased

value of their land, which may be one hundred times the yearly value per

acre before it was built upon.

In the Christian Church tithes were _at first_ given by the faithful

as spontaneous offerings, at the urgent solicitations of the clergy.

“Nam nemo compellitur,” says Tertullian, “sed sponte confert.” These

spontaneous tithe free-will offerings were not given in cash but in

kind. Some gave a tithe of sheep, others of wool, or of corn, etc.,

just according to the free-will of the donor. This was the germ of

tithes in the Christian Church, which commenced in the fourth century,

and were ordered to be paid by canon law about the beginning of the

fifth century. These canons were framed and passed by ecclesiastics.

The people who paid had no voice in the matter. The canons which were

framed afterwards had ordered them to be paid as a right, as a divine

law of the Old Testament, and were not to be considered as free-will

offerings. Here is just that specimen of arbitrary conduct on the part of

the ecclesiastics which would only be tolerated in the dark and middle

ages. Tithes were too profitable a source of revenue to be ignored in the

Christian Church. A book entitled, “The Englishman’s Brief on behalf of

his National Church,” has been published by the Society for the Promotion

of Christian Knowledge. A good cause needs no fiction to bolster it up.

In that book there is quite twice as much fiction as fact. The extensive

circulation of this mixture has embarrassed many in gaining a correct

knowledge of the tithe question from the earliest period to the present

time. It is written in the style adopted by special pleaders. It gives a

one-sided account of the subject. It asks questions and then furnishes

the answers. The answers are most misleading and also erroneous, and it

carefully omits a great deal which could be said on the other side. I

strongly object to this way in dealing with so important a subject as the

history of tithes in this country. To be appreciated, the “Brief” should

be impartial, which it is not. It is not my object to review the book

here _seriatim_, and to point out what is fiction and what is fact. In

my statements a good deal of the fiction is refuted indirectly without

reference to the “Brief.” But I may just indicate one remarkable feat

of fiction which appears in it. When the Christian religion was first

propagated, the writer of the “Brief” would have us to believe that the

converted Jews transferred the payment of their tithes from the Jewish

to the Christian ministers, just as easily and as quietly as one could

transfer the payment of a cheque from one bank to another. Here is the

statement, “So that when the Jews and heathen became Christian, throwing

off their old religion and adopting the new religion of Christianity,

they never dreamt of being less liberal to that form of religion which

they loved the more and had adopted, than they had been towards that

which they had loved the less and had discarded. Hence the transfer of

tithes from the old religion to the new religion.”[8] We are not informed

upon what authority this statement is made. There is nothing about it

in Josephus. There is no order in the New Testament for the payment of

tithes. No order of a general or provincial council. We read nothing

of this in the writings of the first and second centuries. We read of

exhortations to pay tithes in the writings of the third and fourth

centuries. We read of canons having been made for their payment in the

fifth century. But I have failed to find any evidence to support the

statement quoted above from the “Brief.”

The Provincial Council of French bishops, held at Masçon in A.D. 586,

is commonly considered to have been _the earliest council_ which

ordained the payment of tithes. It ordained, “Ut decimas ecclesiasticas

omnis populus inferat, quibus sacerdotes aut in pauperum usum, aut in

captivorum redemptionem erogatis, suis orationibus pacem populo ac

salutem impetrent.” Isidore, in his compilation of decrees of councils,

makes no reference to this council. Friar Crab is the first to have

mentioned it in his edition of the councils under Charles V.

Lord Selborne considers the canon of this council as spurious, because it

proves too much, for it wanted to prove that the Mosaic Law, as regards

the payments of tithes, was regarded in A.D. 586 not only as binding

from the first upon Christians, but also as having been for centuries

universally observed. This was going too far, in his lordship’s opinion,

and therefore he stamped it as spurious. Selden was the first to throw

considerable doubt upon the genuineness of this canon at the Council at

Masçon.[9] The mistake originated in calling the offerings and oblations

tithes. The same mistake is repeated by writers at the present time. For

instance, Dr. J. S. Brewer, in his “Endowments and Establishment of the

Church of England,” 2nd Edition, 1885, translates “portiones” (quoted

from Bede), _tithes_. Pope Gregory says in his reply to Archbishop

Augustine’s question, “Communi autem vita viventibus jam de faciendis

_portionibus_, vel exhibenda hospitalite et adimplenda misericordia,

nobis quid erit loquendum.” “But as for those who live in common, why

should we say anything now of making _portions_?” etc. Brewer translates

the passage thus, “As for those who are living in common, I need give

no advice about dividing _tithes_,” etc. Now, the Latin word for tithe

is decima, and is so used in all the monastic charters. The same writer

states, and he is followed by writers of leaflets for the Church Defence

Institution, that the scriptural precept, “To live of the Gospel” (1

Cor. ix. 14), refers to the payment of tithes. I am certain that St.

Paul never intended anything of the sort. I fully admit that the passage

may cover a tithe free-will offering, as it would any other free-will

offering, but I cannot admit that it implies a compulsory payment of

tithes, that is, to carry it to its logical sequence, a distraint on

the goods of a person who is unable or unwilling to pay tithe. Such

compulsion would be contrary to the spirit of the Gospel of Christ.

I hold strongly to the view that free-will offerings are the only

scriptural mode for the maintenance of the Christian ministry, and these

are the same kind of offerings to which Pope Gregory referred in his

answers to Augustine’s questions.

The instances are many in which words of old authors and passages of

Scripture are not only strained but intentionally distorted, in order

to show the early origin of tithes. There is nothing gained, but much

confidence lost, in this critical age by distorting the meaning of,

or giving a forced interpretation to, plain words of Scripture, or of

secular and religious writers.

The Christian religion had been introduced into Britain at a very early

date, and from Britain it passed over to Ireland. Ireland was specially

remarkable for her evangelical missionary monks, who visited Scotland,

England, and the Continent, for the purpose of converting the heathen.

Its geographical position favoured a quiet, retired and contemplative

life. Britain served as a _buffer_ for many centuries against the

piratical devastations of the northern hordes. The inhabitants of Ireland

were therefore left in quiet and undisturbed possession of their lands,

churches, and monasteries at a time when the inhabitants of Britain were

driven from the east and south to the west of the island; their lands

were taken from them, their churches and monasteries were pillaged, and

then burnt down by the invaders.

CHAPTER III.

_THE ROMAN MISSION TO ENGLAND._

In A.D. 596 Pope Gregory, commonly called Gregory the Great, selected

Augustine, prior of St. Gregory’s monastery in Rome, to conduct in

the same year a mission to Britain in order to convert the people to

Christianity. The journey to Britain was then considered a hazardous

undertaking, being thought in so remote a part of the world. Even

this band of Christian pioneers became disheartened on their journey.

Augustine, much discouraged, left his companions in France and returned

to Rome, but Gregory sent him back, urging him and them to valiantly

carry out their mission.

In 597 Augustine and forty companions landed in the Isle of Thanet.

Ethelbert, a noble-hearted, liberal-minded and intelligent heathen, was

then King of Kent; but his wife, Bertha, daughter of Charibert, King of

Paris, was a Christian. Augustine announced his arrival to the king, and

the object of his mission. The king repaired to Thanet and granted an

interview to Augustine and his companions. He was much impressed with

their external ceremonies, and permitted them to reside in Canterbury,

the metropolis of his kingdom. He presented his palace in Canterbury to

Augustine as a residence for himself and his successors. On the 2nd of

June in the same year the king publicly declared himself a Christian and

was baptized. On the 17th November, 597, Augustine went to France and

was consecrated archbishop by the Archbishop of Arles, and returned to

England in 598.

There were at that time in the island some British Churches, bishops and

clergy, but no divisions of parishes, no parish churches, no connection

with the Roman Church, and indubitably no tithes whatever were paid. We

are therefore on solid ground in asserting that during the first six

hundred years of the Christian era there is no genuine record of tithes

in any shape or form having been paid or given to the clergy of this

island.

The Roman Mission subsequently produced mighty changes in the Church of

England through this initial connection. In the several letters which the

popes addressed to the kings and archbishops of England in subsequent

centuries, constant references are made to Augustine’s mission; and the

popes refer to this event as the source of their supreme authority over

the Church of England.

King Ethelbert’s laws which were passed between 596 and 605, recognise

Christianity and the Christian priesthood. Bede informs us that they were

enacted by the advice of his Witan.[10]

Article 1. “The property of God and the Church [when stolen, a fine of]

twelve-fold; a bishop’s property, eleven-fold; a priest’s property,

nine-fold; a deacon’s property, six-fold, etc.”[11] The title runs thus,

“These are the dooms which King Ethelbert established in the days of

Augustine.” The Laws of Ethelbert and other Kentish kings are taken by

Mr. Thorpe from the _Textus Roffensis_, in possession of the Dean and

Chapter of Rochester, and is the only ancient manuscript in which they

are found. The manuscript is of the twelfth century.

“We shall hardly,” says Mr. Kemble, “be saying too much if we affirm

that the introduction of Christianity was at least ratified by a solemn

act of the Witan.”[12]

In 601 Augustine received his pall from Rome, died on the 26th of May,

605, and was buried in St. Augustine’s Abbey, near the high altar. He

was not of the Benedictine order of monks, but followed the order of

Pope Gregory in the cloister which he had founded in Canterbury.[13] In

602 he laid the foundation of his cathedral church in Canterbury. In

604 he ordained Mellitus, one of his companions, bishop of London; and

Justus, another companion, bishop of Rochester. King Ethelbert granted

them London and Rochester respectively as their episcopal sees.[14] These

bishops and their clergy were then but missionaries among the heathen

Saxons in the country, and being monks, had lived together close to their

cathedral churches, from which they proceeded as itinerant preachers to

the neighbouring localities. The bishop’s church was at first the only

one in his diocese, hence it was called _mater ecclesia_. Subsequently it

was called the _Cathedral Church_, because the bishop’s cathedra, sedes,

stool or chair was in the choir and on the same level with the seats of

other members of the choir. But now there are only two cathedral churches

in England in which the bishop’s seat or _throne_ is in the choir, and

that in a raised position. In all the other cathedrals, the _throne_ is

placed outside the choir in a conspicuous part of the church.

The bishop’s circuit or diocese was the parish. It will hereafter

be shown that the origin of parishes was erroneously traced back to

the episcopal division of dioceses, when “parish” and “diocese” were

synonymous.

The bishop was originally both bishop and rector of the parish or

diocese, and the episcopi clerici were his curates.

Augustine, Mellitus, and Justus, and their respective clergy were

supported by the offerings and oblations of their flocks, which were

brought to the bishop’s house, and put into a common fund, which was

disposed of by the bishop himself. Canon law gave the bishop the right

over all these collections.

Augustine asked Pope Gregory, “Into how many portions ought the oblations

given by the faithful to the altar to be divided?” “De his quæ fidelium

oblationibus accedunt altari, quantæ debeant fieri portiones?” He

answered, “That all emoluments which accrue ought to be divided into

four portions, namely, one for the bishop and his family, because of

hospitality and entertainments; another for the clergy; a third for the

poor; and the fourth for the repair of churches.” “Ut in omni stipendio,

quod accedit, quatuor debeant fieri portiones; una, videlicet, episcopo

et familiæ propter hospitalitatem atque susceptionem, alia clero, tertia

pauperibus, quarta ecclesiis reparandis.”

The pope added, “But because your brotherhood has been brought up under

monastic rules, you ought not to live apart from your clergy in the

English Church, which, by God’s assistance, has been lately brought to

the faith; you ought to follow that course of life which our forefathers

did in the time of the primitive Church, when none of them said anything

that he possessed was his own, but all things were in common among them.”

“Sed quia tua fraternitas monasterii regulis erudita, seorsum fieri

non debet a clericis suis in ecclesia Anglorum, quæ, auctore Deo nuper

adhuc ad fidem adducta est, hanc debet conversationem instituere, quæ

initio nascentis ecclesiæ fuit patribus nostris; in quibus nullus eorum

ex his, quæ possidebant, aliquid suum esse dicebat, sed erant eis omnia

communia.”

He further adds, “But as for those who live in common, why need we say

anything of making portions?” “Communi autem vita viventibus jam de

faciendis portionibus, nobis quid erit loquendum.”[15]

This last passage is thus translated by Mr. Brewer and endorsed by

the new editor, Mr. Lewis T. Dibdin, a barrister: “For those who are

living in common (_i.e._ the monks) I need give no advice about dividing

tithes or offerings among them.”[16] It is not only misleading, but bad

scholarship to translate “portiones” by “tithes.” _Decimæ_ is always the

word used in Latin for tithes.

The quadripartite division of Church funds mentioned here by the Pope

existed in Italy and France. In Spain and other countries the tripartite

division was the custom.

Pope Sylvester, early in the fourth century, decreed, it is said, but

with which I do not agree, that the revenues of the Church should be

divided into four parts. One part should be assigned to the bishop

for his maintenance; another part to the priests and deacons and the

clergy in general; the third part to the reparation of the churches; and

the fourth part to the poor, and to the sick and strangers.[17] Pope

Simplicius, in the fifth century, mentions the fourfold division of the

Church funds in his third epistle. Pope Gelasius (A.D. 501), in his ninth

epistle, renews the regulation of Simplicius, and orders the bishops to

divide their diocesan revenues into four portions and distribute them as

above indicated. This was before the establishment of tithes.

Augustine, being a monk, could have no separate share of his own, and the

probability is that all the offerings were divided into three but not

necessarily equal parts. One part was for the maintenance and clothing of

the bishop and his clergy; a portion was given to the poor and strangers,

and a portion went towards the repairs of the church and erecting

oratories and schools.

Blackstone states that “At the first establishment of parochial clergy,

the tithes of the parish were distributed in a fourfold division: one for

the use of the bishop; another for maintaining the fabric of the church;

a third for the poor, and the fourth to provide for the incumbent.

When the sees of the bishops became otherwise amply endowed, they were

prohibited from demanding their usual share of these tithes, and the

division was into three parts only.”[18]

Wharton, in his “Defence of Pluralities,” refers to the fourfold and then

to the tripartite divisions in England.[19]

The rules and vows of the monks prevented them from being scattered over

the diocese. They lived together in common and within their monastery.

Their chief functions were to instruct the converts, who, when duly

prepared, were sent forth by the bishop as ordained itinerant ministers

to convert their countrymen in the distant parts of the diocese where

there were no churches but crosses erected at convenient spots, and

around these crosses the people assembled to hear the word of God, to

have their children baptized, and to partake of the Sacrament of the

Lord’s Supper. Collections were always made on such occasions, which the

preachers brought and deposited at the bishop’s house for the common

fund. When the itinerant preachers saw people eager and zealous in their

religious duties, they reported the same to the bishop, who caused to be

built for them out of the common fund some wooden chapels, which served

as chapels of ease to the mother-church. In some cases the bishop had

a wooden house constructed close to the chapel, where a priest could

permanently reside.

It is very improbable that Augustine preached or solicited the payment of

tithes. It is stated in the alleged laws of Edward the Confessor, that

“Augustine preached the payment of tithes, which were granted by the king

(Ethelbert), and confirmed by the barons and people, but afterwards, by

the instigation of the devil, many detained them; and those priests who

were rich were not very careful in getting them,” etc.[20]

These so-called laws are pure fabrications. Thorpe takes his text from

a Harleian manuscript written about the beginning of the 14th century.

Internal evidence condemns their genuineness, for in law xi. there is a

reference to the Church having been exempted from paying Danegeld, and

adds, “This liberty had been preserved by Holy Church even to the time

of William the Younger, called Rufus, who sought aid from the barons of

England in order to keep Normandy from his brother Robert when he went to

Jerusalem; and they granted him four shillings from every ploughland, not

excepting Holy Church,” etc.[21]

The Rev. Morris Fuller, rector of Ryburgh, states, without the slightest

authority, “May it not have a reference to the time of Ethelbert, who

began to reign in Kent A.D. 566, _when tithes were by law paid to the

clergy_, and the time of Ina, King of Wessex, who began to reign A.D.

688, _when there was a law by which they were then paid_.”[22] There

is not one word about tithes in the laws of Ethelbert and Ina. John

Pulman, a barrister, ventilated exactly the same opinions in 1864 in his

“Anti-State Church Association Unmasked.” Fuller copied the erroneous

views of Pulman.

CHAPTER IV.

_THE FIRST DOCUMENTARY STATEMENT OF TITHES IN ENGLAND._

The first genuine statement of the payment of tithes in England appears

in the second book of Archbishop Theodore’s (668-690) “Penitential.”

It was not composed by Theodore himself, but was drawn up under his

direction and published with his authority. They are answers given by

him to questions asked him on the subject of penance. It is edited by a

“Discipulus Umbrensium,” or a Disciple of the Umbrians, for the benefit

of the English. There is no doubt that this Penitential is genuine.

Bishop Stubbs, Mr. Haddan and Professor Wasserschleben accept it as

such.[23]

The following three notices of tithes appear in the “Penitential”:

1. “Presbitero decimas dare non cogitur.” The priest is not compelled to

pay tithes.[24]

2. “Tributum ecclesiæ sit, sicut consuetudo provinciæ, id est, ne tantum

pauperes inde in decimis aut in aliquibus rebus vim patientur.” Let the

offering to the church be according to the custom of the province; that

is, that no force should be put upon the poor as to tithes or anything

else.[25]

3. “Decimas non est legitimum dare nisi pauperibus et peregrinis, sivi

laici suas ad ecclesias.” It is not lawful to give tithes except to the

poor and strangers, or laymen to their own churches.[26] This is a

prohibition to the clergy against giving the laity presents out of the

tithes.

“These articles,” says Lord Selborne, “put the payment of tithes on

the footing of custom, depending for its observance upon episcopal

or clerical influence, rather than ecclesiastical censures,”[27] the

anathemas subsequently hurled against all who dared to keep them back

from Holy Church.

Theodore’s “Penitential” was not a code of laws, but its contents are

very important as reflecting the custom and practice existing with regard

to tithes in that early age of the Anglo-Saxon Church.

The silence of Bede on Theodore’s “Penitential” is brought forward

as evidence against it. But Haddan and Stubbs show conclusively that

“Bede either did not know the book, or did not consider Theodore as the

immediate author.”[28]

Bishop Stubbs makes a vital remark on (3). “Tithes are mentioned,” he

says, “by Theodore in the genuine ‘Penitential,’ in a way that proves the

duty of making the payment, _but not the right of the clergy to the sole

use of them_.”[29]

Theodore encouraged landowners to build churches on their estates by

permitting them to have the appointment of the priests who were to

officiate in them.

It is remarkable that Bede, in his ecclesiastical history, mentions the

word “decima” only once. It appears in bk. iv. c. 29. Writing of Bishop

Eadbert, the successor of Bishop Cuthbert at Lindisfarne, he says,

“So that according to the law, he gave every year the tenth part, not

only of four-footed beasts, but also of all corn and fruit, as also of

garments _to the poor_.” [Ita ut juxta legem, omnibus annis _decimam_,

non solum quadrupedum, verum etiam frugum omnium atque pomorum, necnon

et vestimentorum partem, _pauperibus_ daret]. The law referred to here

was the Mosaic or Divine law. Eadbert was made bishop A.D. 688, two

years before Theodore died. He gave the tenth part _to the poor_. Bede’s

history comes down to A.D. 734, and yet this is the only instance in

which tithe is mentioned in his writings, and then it was given to the

poor—strong evidence as to the common law right of the poor to a share of

the tithe.

Dr. Lingard quotes another passage from Bede, which he says appears to

him to allude to tithes, viz., “That there was not a village in the

remotest parts of Northumbria which could escape the payment of TRIBUTE

to the bishop.”[30] If Bede alluded to tithes, he would have written

_decimæ_ and not _tributa_. _Tributum_ is from _tribuo_, which is allied

to _tribus_, _i.e._, _pars_, and so _tribus_ = to divide into parts.

Hence _tributa_ = parts or portions. Bede also uses the word “portiones”

to express the same idea without any reference whatever to tithes.

Theodore, in his “Penitential,” uses the two words, _tributum_ and

_decimæ_ in the same passage with separate meanings. _Tributum_—a tax,

contribution, tribute, collection, subscription.[31]

Before leaving Theodore’s genuine “Penitential,” I must refer to

the second revised edition of Mr. J. S. Brewer’s “Endowments and

Establishment of the Church of England,” by Chancellor Lewis T.

Dibdin, published in 1885. In his preface, the new editor “gratefully

acknowledges the valuable aid he received from Dr. Wace and the Bishop

of Chester (Dr. Stubbs, now Bishop of Oxford) through more than one

difficulty on endowments as to which he was in doubt.”[32]

“With regard,” he says, “to tripartition of tithes, the documents quoted

in support of it are (as far as I am aware) a spurious passage in the

‘Penitential’ of archbishop Theodore; see Stubbs’ ‘Councils,’ iii. 173,

n. 203.”[33] In referring to the volume quoted here, I find that the

writers say nothing about this spurious passage, but at p. 203, Haddan

and Stubbs give the three passages in Theodore’s “Penitential,” which

“Penitential” _they state is genuine_, and to which I referred in a

previous page. Then Mr. Dibdin adds, “An alleged law of Ethelred, 1013.”

Where did he get 1013? He refers to Wilkins’s “Anglo-Saxon Laws,” p. 106,

but Wilkins gives it as a genuine law of Ethelred enacted in 1014. The

fact that he did not transfer this law to his “Concilia” is undoubtedly

no argument against its genuineness as a law. I refer for additional

information on the law of 1014 to another part of this book, where the

Church-Grith law of Ethelred is fully discussed.

“I will not put,” says Blackstone, “the title of the clergy to tithes

upon any Divine right, though such a right certainly commenced, and I

believe as certainly ceased, with the Jewish theocracy. Yet an honourable

and competent maintenance for the ministers of the gospel is undoubtedly

_jure divino_; whatever the particular mode of that maintenance may

be.”[34] I quite agree with these remarks. But as Mr. Serjeant Stephens,

in his Commentaries, says, “The institution of tithes in its specific

form is _odious_ to the people and unsatisfactory to the political

economists.”[35]

LANDOWNERS’ CHURCHES.

The nobility and landed gentry were not slow in fully appreciating the

advantages of resident over itinerant priests. Some of the princes,

in changing from place to place, selected certain of the clergy to

accompany them for the performance of divine service for their families.

The Thanes followed their example and appointed chaplains, for they felt

the great inconvenience, especially in winter, in attending services at

the mother-church, which might have been at a very considerable distance

from their residences. The villagers were even in a worse condition.

To remedy these inconveniences, the landowners commenced slowly to

erect churches on their estates about A.D. 686, but more actively

about A.D. 700. The limits of these were conterminous with the extent

of their properties. Hence we find some of the old parishes of very

unequal extent. It is impossible to state exactly, in the absence of

documentary evidence, the origin of the modern parish churches and much

less their endowments. “At the original endowment,” Blackstone says,

“of parish churches, the freehold of the church, the churchyard, the

parsonage house, the glebe, and the tithes of the parish were vested in

the then parson by the bounty of the donor.” Blackstone states here the

parson’s common law right to the tithes, but after he receives them the

same common law right obliges him to share them according to the usage

and canons of the Church. The bishop was originally the recipient and

distributor of all Church revenues. The parochial incumbents had taken

his place and were bound to distribute them according to the original

custom. It would never suit for the poor to collect their own share of

the tithes. As Bishop Kennett says, _the parish priest was the bank_.

The manorial church was certainly the germ of the modern parish church.

And we can trace this germ back to A.D. 686. From that time to Edgar’s

reign the germ rapidly expanded, and the country became dotted all over

with manorial or landowners’ churches, when Edgar passed his celebrated

law which gave these with burial grounds a legal right to one-third part

of the tithes of the estate. This Act upsets Blackstone’s statement,

that the incumbent received all the tithes of the parish. It is true what

Mr. Freeman says about the opinion of lawyers. “As for modern writers,”

he says, “on the subject of the division of tithes, it is utterly useless

to go to the opinion of mere lawyers, Blackstone or any other, as giving

any help to either side. We may safely go to them to learn what is the

law in force at the present moment; _for historical purposes they are

worse than useless_.”[36] I endorse every word he says. Mr. Fuller did

not take this advice, but quotes Blackstone as above. Lawyers are no

better informed on this point than other men. When Blackstone wrote his

Commentaries, he gave us what was then the accepted law, that the parson

had a right to the tithes, and hence he is quoted as the best authority

on this point. But he omitted to state that although the parson is _the

general collector_, is THE BANK, by common law right, yet as trustee he

is only entitled to a share of church funds, and the poor and the church

building have also a common law right to a share of what the parson

received. Edgar’s law, which was re-enacted by Canute, gave the manorial

priest but one-third. When, then, did he get the whole? This is answered

further on.

Bede gives an account as early as A.D. 686 of the erection of churches by

landowners on their own private estates. “Not very far,” he says, “from

our monastery, about two miles off, was the country house of one Puch,

an earl. It happened that the man of God [Bishop John of Beverley] was

at that time invited thither by the Earl to consecrate a church”[37] [at

South Burton, Yorkshire].

“At another time also [A.D. 686] he [Bishop John] was called to

consecrate the church of Earl Addi.”[38] These landed proprietors,

who also had the advowsons, made a provision for the priests of their

churches by erecting residential houses and attaching to the churches

some glebe lands, from five acres to a hide and more. Add to the glebe

the daily oblations. To the land and oblations were added in course of

time one-third of the tithe of the produce of the manorial lands. Is it

reasonable that a single man should have for his _own personal use all

the tithes_ of the estate, together with the glebe lands and oblations?

No. Originally he had none of the tithes, all of which went to the mother

or parish church. Edgar’s law, giving him one-third, was re-enacted by

Ethelred in 1014, and again re-enacted by Canute, and the one-third of

the tithes to the manorial church is to be seen in the Domesday Survey of

1086. The mother or monastic church discharged the poor man’s common-law

right to a share in the tithes. His common-law right to a share not only

in tithes but in oblations also, was as well established as that of the

parson’s. But the parson in course of time became the recipient of all

the tithes in a manner which I shall hereafter explain, and was obliged

by the canons and custom of the church to distribute a portion to the

poor and to repair the church and defray other church expenses out of the

tithes and oblations after having allowed himself his own share.

As Christianity advanced in England the foundations of private

oratories became very numerous, for almost every great man, as soon as

he was converted to the Christian religion, built an oratory for the

convenience of his family, tenants, and dependents. The bishops had

prudently encouraged laymen to build such churches on their estates,

and allowed them to have the advowsons. Residences for the incumbents

were built close to the churches, and the landowners endowed them with

lands varying in extent from five acres to over a hide as I have

stated before. In course of time, they endowed them with the one-third

of the tithes of their estates, transferring the remaining two-thirds

to the monastic or conventual church, which was the mother-church of

the entire parish. In these churches all seats were free. Pew-rents

were then unknown. The church built by a layman had to be consecrated

by the bishop, but the lay owner had the advowson or nomination of the

incumbent. This was the origin of lay patronage in the Church of England.

The church so built belonged to the manor or estate. When in course of

time the property was sold or otherwise disposed of, the church and

advowson went with the property. In the change of ownerships, the rectory

and advowson were often separated from the manor, and were at first

appropriated by the owner to bishops, chapters, or monasteries. At the

Reformation, churches and advowsons, which became the property of the

Crown, were granted to laymen, and were also granted to archbishops,

bishops and chapters. The Crown separated in some cases the advowson

from the great tithes, and sold or granted both to the same or different

parties. Therefore we find two owners instead of one. The original patron

never anticipated this change. An advowson or a rectory may be and is

possessed in shares or turns by several owners. They are strictly treated

as property and are dealt with accordingly. The sales of advowsons are

carried on at public auctions and by private agents, and are given to the

highest bidder. The public sale-room is now less resorted to, owing to

the scandal thus created. But the sales are still vigorously pushed on

_privately_ by family solicitors and professional agents. A living, for

example, is worth, say, £800 a year from glebe and tithe-rent charge; the

incumbent is old, and the owner of the advowson is desirous of finding a

purchaser of next nomination after the death or resignation of present

incumbent. A life-interest only is thus purchased. There are other cases

in which the advowson is completely sold. The parishioners have no voice

in the matter.

As regards the payment of tithes, I shall show that for many years

the English bishops and their clergy had threatened and cajoled the

simple-minded Anglo-Saxons into the belief that the Church had the right

to impose the Levitical obligations upon them. We have only to read the

miraculous legends recorded by Bede and others to find out the means by

which the clergy had imposed upon the credulity of those simple-minded

people. It was by deceit, trickery, hypocrisy, and sham miracles that

the Anglo-Saxon bishops and their clergy had obtained tithes, first as

free-will offerings, then by legislative enactments, which made these

free-will offerings compulsory.

THE CONFESSIONAL.

The Confessional was a powerful instrument in the hands of the clergy by

which they obtained the payment of tithes. During the archiepiscopate

of Theodore (668-690) auricular confession began to take the place of

public discipline. Theodore’s “Penitentiary,” which was published with

his authority, directed confessors how to conduct themselves in hearing

confessions and how to enjoin penance. Confession to the priest was made

necessary, not in order to obtain his absolution, but to be informed

what sort of penance was required for every offence, and for the several

degrees and circumstances of it. The most difficult part of the priest’s

office was to proportion the private penance to the crime, and Theodore’s

“Penitentiary” was looked upon as the best rule in this particular.[39]

It is remarkable that the earliest mention of tithes in England is found

in Theodore’s “Penitentiary.”

CHAPTER V.

_WORKS ATTRIBUTED TO EGBERT, ARCHBISHOP OF YORK (734-766)._

Briefly stated, they are—

(1) The “Penitential,” a document of the tenth century.[40] There are

four books prefaced with twenty-one canons. The first book only is

Egbert’s.

(2) The “Confessional and Penitential.” The fourth book only of the

“Penitential” is Egbert’s. And as regards the “Confessional,” he _may_

have translated it.

(3) The Excerptions. Mr. Thorpe takes these from Cott.: Nero, A. 1. They

are in Latin, numbering 163. The first twenty-one are ninth century

canons. There is another different compilation of excerpts in Corpus

Christi College, Cambridge, K. 2. The excerptions which appear in these

two manuscripts are not Egbert’s.[41]

Sir H. Spelman, Wilkins,[42] Johnson,[43] Bishop Kennett, Dr.

Lingard,[44] Kemble, Thorpe,[45] and others believed that the Excerptions

were written in the eighth century by the archbishop himself, and some of

these writers have referred to them in support of the threefold division

of tithes. But there is ample internal evidence in the canons themselves

to condemn them as the genuine production of Egbert, or that they could

have been written during his archiepiscopate.

If any one should take the trouble or be obliged to refer to Dr.

Lingard’s History and Antiquities of the Anglo-Saxon Church, published in

two volumes in 1845, he will observe the numerous references which this

Roman Catholic historian makes to Egbert’s Excerptions and Penitentials,

but which are now condemned as spurious. This is a serious matter for his

Church, because he mainly supports many important acts of discipline in

the Anglo-Saxon Church by such references. But when the references are

condemned as spurious, all his arguments founded upon them fall of course

to the ground.

Mr. Haddan and Bishop Stubbs say that the excerptions are not Egbert’s.

What does Mr. Selden say? “An antient collection of divers canons written

about the time of Henry the First, with this inscription of equal age,

‘Incipiunt excerptiones Domini Egberti Archiepiscopi Eburace Civitatis,

de jure sacerdotali’ [= Here begin the excerptions of the Lord Egbert,

archbishop of the city of York, concerning the duty of priests], hath

these words, ‘Ut unusquisque sacerdos cunctos sibi pertinentes erudiat,

ut sciant qualitèr decimas totius facultatis ecclesiis divinis debitè

offerant.’ [That every priest teach all that belong to him to know how

they are to offer the tithes of all their substance in a due manner to

the churches of God.] And immediately follows, ‘Ut ipsi sacerdotes à

populis suscipiant decimas, et nomina eorum, quicunque dederint, scripta

habeant, et secundum authoritatem canonicam coram testibus dividant, et

ad ornamentum ecclesiæ primam eligant partem, secundam autem ad usum

pauperum atque perigrinorum per eorum manus misericorditèr cum omni

humilitate dispensent; tertiam verò sibimet ipsis sacerdotes reservent?”

[That the priests themselves receive the tithes of the people, and write

down their names and what they have given, and divide it according to

canonical authority in the presence of witnesses, and choose the first

part for the ornament of the church, and distribute the second part

with their own hands tenderly and with all humility for the use of the

poor and strangers; and let the priests reserve the third part for

themselves.][46]

“If the credit of this,” continues Selden, “be valued by the inscription,

then it is about 850 years old. For, that Egbert lived Archbishop of York

from the year 743 (?) to 767 (?). But the authority of that title must

undergo censure. Whoever made it, supposed that Egbert gathered that law

and the rest joined with it out of some former church constitutions;

neither doth the name ‘Excerptions’ denote otherwise. But in that

collection some whole constitutions occur in the same syllables, as they

are in the Capitularies of Charles the Great, as that of ‘unicuique

ecclesiæ unus mansque integer,’ etc., and some others, which could not be

known to Egbert, that died in the last year of Pipin, father to Charles.

How came he then by that? And how may we believe that Egbert was the

author of any part of those Excerptions? unless you excuse it with that

use of the middle times which often inserted into one body and under

one name laws of different ages. But admit that; yet, what is ‘secundum

canonicam autoritatem coram testibus dividant’? The ancientest ‘canonica

autoritas’ for dividing tithes before witnesses is an old Imperial,

attributed in some editions to the eleventh year of the reign of Charles

the Great, being King of France; in others to the Emperor Lothar the

First. But refer it to either of them, and it will be divers years later

than Egbert’s death. And other mixed passages there plainly show that

whosesoever the collection was, much of it was taken out of the Imperial

Capitularies, none of which were made in Egbert’s time.”[47]

This is a reasonable and argumentative statement of facts. In addition

to the above, I may refer to the seventh canon, “That all priests pray

assiduously for the life and empire of our lord the emperor, and for

the health of his sons and daughters.” Again, canon 24 is found in

Charlemagne’s Capitulary of A.D. 813. Egbert died on the 19th November,

766,[48] and Charles became King of France in 768. These dates are very

important in this controversy.

The first twenty-one canons are from the Audain manuscript in the

monastery of St. Herbert in the Ardennes. Canons 22 to 28 inclusive are

taken from other Gallican Capitulars. These twenty-eight canons were made

between A.D. 789 and 816. The remaining 135 canons are taken from other

foreign sources.

It is quite unnecessary to introduce into the discussion of the threefold

division of tithes in England, doubtful canons, such as the “Excerptions”

of Egbert and other writings copied from them. There are, without these,

sufficient solid, genuine facts at our command with which to prove the

threefold division of tithes in England, and these are stated further on.

CHAPTER VI.

_THE FIRST PUBLIC LAY LAW FOR THE PAYMENT OF TITHES._

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_.”

“The collection of tithes was regulated by compulsory statutes; the

clergy took note of all who paid or refused to pay; four or eight, or

more, jurymen were summoned from each parish as witnesses for the claims

disputed; the contumacious were three times summoned; if still obstinate,

they were excluded from the Church; if they still refused to pay, they

were fined over and above the whole tithe, six solidi; if further

contumacious, the recusant’s house was shut up; if he attempted to enter

it, he was cast into prison to await the judgment of the next plea of

the Crown. The tithe was due on all produce, even on animals. The tithe

was usually divided into three portions, one for the maintenance of the

Church, the second for the poor, the third for the clergy; the bishop

sometimes claimed a fourth. He was the arbiter of the distribution; he

assigned the necessary portion for the Church, and appointed that of the

clergy. This tithe was by no means a spontaneous votive offering of the

whole Christian people. _It was a tax imposed by imperial authority and

enforced by imperial power._ It had caused one, if not more than one,

sanguinary insurrection among the Saxons. It was submitted to in other

parts of the empire, not without strong reluctance. Even Alcuin ventured

to suggest that if the apostles of Christ had demanded tithes, they would

not have been so successful in the propagation of the Gospel.”[51]

PAPAL LEGATES IN ENGLAND, A.D. 787.

For 190 years no papal legate appeared in England since Augustine landed

on our shores in 597. When Pope Gregory sent his missionaries to England,

he thought the whole country was inhabited by English, and so ordered

that there should be two provinces, each containing twelve Episcopal

sees and governed by two Metropolitans, one at London and the other

at York.[52] Still Gregory must have been aware of the existence of a

British Church in the island, for British bishops were present at the

Synods of Arles, A.D. 314; Sardica, 347; and Rimini, 359.

The following historical facts should be carefully noted. Each of

the several divisions of England—call them the Heptarchy or anything

else—owed its evangelization to a source not exclusively of the Roman

mission. Kent and Essex had certainly remained Christian under the

successors of Augustine; but Wessex, with Winchester as its capital, was

converted by Birinus a missionary from Northern Italy; East Anglia by

Felix, a Burgundian; Northumbria and Mercia by Irishmen; Essex by Cidd

and Sussex by Wilfrid. Therefore the Roman mission, after the death of

King Ethelbert whose successors relapsed into heathenism, was rather

a failure.[53] Augustine was narrow-minded and sectarian, attached to

everything Italian. There were seven British bishops then in England.

In 602 a meeting was held at which representatives of the Italian and

British Churches were present. Augustine demanded that the Celtic Church

should change the time of keeping Easter in order to adopt the Roman

time. The British bishops declined to do anything of the sort, and then

Augustine lost his temper and rebuked them. His conduct thus exasperated

the members of the Celtic Church. The Italians were looked upon as

foreigners seeking to lord it over the native Church, and the Scots and

Britons were determined to yield their independence to neither threats

nor entreaties.

Augustine claimed metropolitan power, but the Celtic bishops haughtily

rejected such a proposal.

On the death of Ethelbert, and when a difference arose between his son

who succeeded him and Laurentius the archbishop, Laurentius, Mellitus and

Justus, were about to throw up the Italian mission in England and retire

to Gaul.[54] London was lost, and the whole aspect of the Roman mission

was gloomy in the extreme, when the second Archbishop died in 619.

Mellitus the third died in 624. Justus who succeeded him had consecrated

Paulinus on the 21st of July, 625, as the first Archbishop of York. In

627 King Edwin held a Witenagemót in a _room_ where the introduction

of Christianity into the Kingdom of Northumbria was discussed. The

result was that the king and his nobles were converted to the Christian

religion.[55] The fact that a room was capable of accommodating the

Witenagemót has led to the conclusion that the number must be small.

Paulinus had fled from York in 633, eight years after his consecration,

and after the battle of Heathfield. But his place was taken by Bishop

Aidan, a missionary from Columba’s Irish monastery in Iona, who had

established an Episcopal see in Lindisfarne.

There is a letter of Pope Boniface V. to Archbishop Justus, written

between April, 624, and October, 625, conferring on him the primacy

of all Britain and ending with these words, “Hanc autem ecclesiam

utpote specialiter consistentam sub potestate et tuitione sanctæ Romanæ

ecclesiæ.”[56] [But this Church as specially remaining under the power

and instruction of the Roman Holy Church.]

In 634, Pope Honorius I. conferred on Archbishop Honorius, seven years

after his consecration, the primacy of all Britain.[57]

But there is no evidence to show that the Celtic bishops acquiesced

in this power of metropolitan over all England conferred by the

Pope on the Archbishop of Canterbury. It was therefore an arbitrary

assumption of ecclesiastical authority exercised by the Pope of Rome

over the Anglo-Saxon Church, simply because a Roman mission was sent to

Christianize the Saxon heathen. But other missionaries were at work in

the same field, who were quite unconnected with Rome or its bishop.

The time of keeping Easter was the terrible stumbling-block in the way of

a union between the Roman and Celtic missionaries.

In A.D. 664, a synod was held at Streaneshalch; the subject of the proper

time of keeping Easter was discussed in the presence of King Oswy of

Northumberland by Bishop Colman and Wilfrid. In the same year Deusdedit,

Archbishop of Canterbury, died. The result was that the king espoused the

Roman style.[58] Then followed an interregnum of four years. Wilfrid’s

strong opinions about Easter kept him out of the archiepiscopate.

It is vitally important to note this turn of the tide to Rome. I take all

particulars from Bede’s Ecclesiastical History. If this turn had not

occurred there would have been two separate and independent Churches in

England, the Celtic and the Roman.

In 664 a synod was convened in the monastery of Streaneshalch (Whitby)

presided over by King Oswy, who was at first a follower of the Celtic

ritual, for the discussion of the proper time for keeping Easter. Bishop

Colman spoke for the Celtic Church; Priest Wilfrid for the Roman time.

The latter had previously gone to Rome to learn the ecclesiastical

doctrine. Colman traced the Celtic time to the teaching of St. John the

Evangelist; Wilfrid traced his to St. Peter, and then quoted, “Thou art

Peter and upon this rock I will build My Church and the gates of hell

shall not prevail against it; and to thee I will give the keys of the

Kingdom of Heaven.” This quotation turned the scales, as will be seen

from what followed. “Is it true, Colman,” said the King, “that these

words were spoken to Peter by our Lord?” “It is true, O King!” “Can you

show,” said the King, “any such power given to your Columba?” Colman

answered “None.” “Then,” added the King, “do you both agree that these

words were principally directed to Peter, and that the keys of heaven

were given to him by our Lord?” They both answered, “We do.” Then the

King concluded, “And I also say unto you that he is the door-keeper, whom

I will not contradict, but will, as far as I know and am able in all

things, obey his decrees, lest when I come to the gates of the Kingdom of

Heaven, there should be none to open them, he being my adversary who is

proved to have the keys.” The King having said this, all present resolved

to conform to the Roman ritual.[59] This was not the first nor the last

case in England in which St. Peter and the power of the keys did good

duty for the Church of Rome. The result of this discussion turned the

scales from Irish to Roman Christianity as the religion of England.

King Oswy had, before the synod met, held the Celtic views. His son, who

was present, held the Roman views. The result of this discussion led to

serious changes in the Church of England, for in the same year, A.D. 664,

the archbishopric of Canterbury became vacant, and Kings Oswy and Egbert

sent to Rome Wighard, an Englishman, whom they appointed, there to be

consecrated archbishop by the Pope, because there was no metropolitan in

England to perform this duty of consecration. He died there, and then the

Pope was empowered by the same kings to select and consecrate a suitable

person himself. “We have not been able,” writes Pope Vitalian, “now to

find a man docile and qualified in all respects to be a bishop according

to the tenor of your letter.”[60] Again, “King Egbert, being informed by

messengers that _the bishop they had asked of the Roman prelate_ was in

the kingdom of France.”[61]

From these two quotations, it is beyond all doubt or question that the

English kings did ask the Pope to select a qualified person for the see

of Canterbury. And it is absurd for Protestant writers, such as Soames,

in the face of these quotations, to assert that Theodore’s appointment

was a piece of skilful manœuvring on the part of the Pope. It was nothing

of the sort. It is but reasonable to assume that when Wighard died in

Rome, Vitalian wrote at once and informed the English kings of the event,

and that they then, although we have not their letters, asked the Pope

to choose a man for them. He therefore consecrated Theodore, a Greek by

birth and education. We all know what followed. In the same year the Pope

conferred on Theodore the “supremacy over all England.”[62] He landed in

England in 669, and held his see for twenty-one years. The Churches of

the Anglo-Saxon kingdoms were independent of each other up to the arrival

of Theodore, who had energetically worked to unite all the Churches under

the metropolitan power of Canterbury. Here then we are on solid ground.

The Pope’s supremacy over all the Churches in England dates from the

archiepiscopate of Theodore.

There is no reference to tithes from the publication of Theodore’s

“Penitential,” probably about A.D. 686, until the two legates came to

England in 787, or a period of one hundred years, Archbishop Boniface

of Mentz, writing to Archbishop Cuthbert between 746 and 749, refers

to tithes having then been received by English bishops, “In daily

offerings,” he says, “and tithes of the faithful, they receive the milk

and wool of the sheep of Christ, but they take no care of the Lord’s

flock.” [“Lac et lanas ovium Christi oblationibus cotidianis ac decimis

fidelium suscipiunt; et curam gregis Domini deponunt.”[63]] Here is an

early instance of endowed bishops neglecting their flocks.

This brief sketch will enable the reader to follow further particulars.

KING OFFA.

Pope Adrian I. had risen from the position of a subject of the empire to

that of a sovereign prince through the instrumentality of Charlemagne.

Jaenbert, archbishop of Canterbury, thought that by the same person he

could exercise sovereign authority, like the Bishop of Rome, over the

kingdom of Kent as feudatory of Charlemagne. Offa, the Mercian king,

had assumed the title of King of Kent and treated it as a province of

Mercia. The King of France was too shrewd a diplomatist to encourage

such a foolish idea as that of the Archbishop against the terrible and

powerful Offa. But Offa found out this prelate’s intrigues, and instead

of sending an army to Kent to crush Jaenbert, he adopted another line of

policy of dividing his ecclesiastical province, and having a full-blown

archbishop in his own kingdom of Mercia, with his seat at Lichfield, and

endowed with the revenues which Jaenbert had drawn from that part of his

province.[64]

Offa had thus touched Jaenbert’s pocket, a very sore point with some

people. In order to carry out his design of changing the bishopric of

Lichfield into an archbishopric with metropolitan powers, he sent a

special mission to the Pope, and it was during this negotiation that the

shrewd Adrian came on the scene in English history. Adrian had reason

to fear Offa’s power, for there is a letter from Offa to Charlemagne,

intriguing to depose Adrian, and put a Frenchman in the chair of St.

Peter.[65]

Higbert, bishop of Lichfield (c. 779), was made archbishop by Offa in

785; he first signs the charter as archbishop in 788, but could not act

as Metropolitan, and so be on an equality with the Metropolitans of

Canterbury and York, without the pallium, which it was taken as granted

could only be given by the Pope. The pallium is a long strip of fine

woollen cloth, ornamented with crosses, the middle of which was formed

into a loose collar resting on the shoulders, while the extremities

before and behind hung down nearly to the feet. This pallium gave him the

power to ordain the bishops of his province, or to summon them to his

synod, or to sit on the archiepiscopal throne. It was the sign of the

Pope’s confirmation of his appointment as archbishop.

The Roman Curia at first hesitated to comply with the King’s request.

Offa was determined to carry his point, and he knew well by what means

he could realize his object. He resorted to wholesale bribery among the

Roman officials, and thus gained his point.[66] Peter’s pence probably

was also part of the bargain.[67]

I have gone into details on this subject on account of the results which

followed. Hitherto the Church of England was practically independent

of the Roman Church. But here was a splendid opportunity for so astute

a diplomatist as Adrian to advance Papal supremacy over the Anglican

Church. Certainly, Theodore’s appointment was a great step in the same

direction.

The Pope proposed, and Offa consented, that a mission should be sent

to England with a view of holding a council in Mercia, and of making

such regulations in the disorganized Church as may be found necessary.

Thus the Anglican Church lost her independence, and subsequently became

a slave to a foreign bishop and the Roman Curia. For what? What was

the _quid pro quo_? To convert the bishopric of Lichfield into an

archbishopric with metropolitan power from 788 to 801. The price was too

much. Higbert was the only person who ever bore the title of archbishop

of Lichfield. He died in 801, and his successor bore the title of bishop.

LEGATINE COUNCILS IN ENGLAND.

In 786, the two papal legates, accompanied by Wighood, a French abbot,

sent by Charlemagne to assist them, reached England with letters from

the Pope to King Offa, Aelfwold, King of Northumbria, and to the two

archbishops.

George, Bishop of Ostia, went to King Aelfwold’s court, and Theophylact,

Bishop of Todi, repaired to Offa’s. These kings then summoned councils

of their chief men, both spiritual and temporal. The Northern Council

assembled in 787; Offa’s Council assembled at Calchyth, _i.e._ Chelsea,

London, in the same year. The legates placed before each Council the

twenty Injunctions, which were drawn up at Rome previous to their

departure. After the Injunctions were read out at each Council, they

were signed by the two kings, the princes, two archbishops, bishops, and

abbots. These ecclesiastical synods, presided over by the kings, were

Witenagemóts, and the twenty Injunctions were so many laws regularly

and legally passed. The 17th Injunction relates to tithes; therefore

the payment of tithes received on this occasion a legal sanction in the

two kingdoms of Mercia and Northumbria. Here then we put our fingers on

the first case in which tithes in England had been legally ordered to

be paid. Previous to 787 there existed the custom of voluntarily paying

tithes. Some paid, and some did not. But in this year and in these

two kingdoms only, the custom was made a legal obligation by the two

Anglo-Saxon Parliaments.

“What copy,” says Selden, “of this synod the centuriators had, or whence

they took it, I find not. But if it be good authority, _it is a most

observable law to this purpose_. Being made with such solemnity by both

powers of both states of Mercland (Mercia) and Northumberland, which

took up a very great part of England; and it is likely that it was made

general to all England.”[68] It is most important to note that for 120

years after these legatine councils were held, there is a dead silence in

our laws and chronicles as regards the payment of tithes.

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]

And Bishop Stubbs says in his history, “In 787 tithe was made

_imperative_ by the legatine councils held in England, which, being

attended and confirmed by the kings and ealdormen, had the authority of

Witenagemóts.”[77]

On the legal aspect of this question, Bishop Stubbs and Mr. Selden

are correct. The tithe Injunction was not made legal or imperative by

legatine councils _quâ_ legatine councils, but because these councils

were actual Witenagemóts, whose consent gave it the force of law in the

respective kingdoms of the two kings. They made _legal_ what was before

_customary_, without attaching any punishment to its non-fulfilment. It

will be seen as we proceed that the Anglo-Saxon laws had only endorsed

the custom which previously existed of paying tithe. And as this

custom became general, so the law enforced its payment. But this penal

enforcement was not carried out in the laws of 787, because the custom of

paying tithe was not then general.

It is important to notice here that the Anglo-Saxon ceorls, or churls,

or freemen, occupying the social position between the thane and slave,

had no voice whatever in the passing of the laws. The Witenagemóts, which

sanctioned the payment of tithe, and granted away the national property,

called folcland, to bishops, cathedral churches, and monasteries, were

composed of archbishops, bishops, aldermen, abbots, priests, deacons,

princes, dukes, earls, and thanes. In these assemblies, both secular and

ecclesiastical laws were enacted, and charters embodying grants of public

lands by kings were confirmed and ratified.

In the 17th Injunction, quoted above, there are references to Scripture

in support of tithes. The two main positions taken up by Selden in

his history of tithes are (1) that the tithes of the Christian Church

are not the continuation of the tithes of the Levitical law as put

forth by the Church in support of payment, and (2) that tithes had a

legal as opposed to a Divine origin in the Christian Church. These two

positions are impregnable, and can never be overthrown. The Levitical

tithes were given to the Levites, “for the service of the tabernacle

of the congregation.”[78] But charity was at the very root of all

primitive references to the payment of tithes in the Christian Church.

Some writers assent to Selden’s second position as stated above, but

will not admit that they were given for different purposes to those

given to the Levites, and yet they were. In this respect they indicate

inconsistency. They would be consistent if they should assert, which they

do not, that the English parsons receive their tithes by _Divine right,

and in continuation of the Levitical law_; then all the tithes would go

to the parson as they went to the Levites. But the history of the origin

of tithes in the Christian Church is quite opposed to all this. Those

who uphold the Divine right consider the tithes as private professional

incomes, and not as trust funds to be used for the benefit of the people.

Most of the sermons preached in the eighth century placed the summit of

Christian perfection in the payment of tithes. The people in England

reluctantly submitted to a general permanent tribute in the shape of

tithes.

The obligation of paying tithes was originally confined to predial or the

fruits of the earth. But about A.D. 1200 the obligation was extended to

every species of profit, and to the wages of every kind of labour. I have

already stated the passage from the Old Testament on which the Christian

clergy base their claim to personal tithes.

OFFA’S SUPPOSED LAW OF TITHES IN A.D. 794.

Dr. Humphrey Prideaux, Dean of Norwich, published a work on Tithes in

1709, 2nd ed. 1736. The title is, “The Original and Right of Tithes for

the maintenance of the ministry in a Christian Church.”

His main object was to prove the Divine in opposition to the legal right

of tithes. He quotes questionable authorities in support of his views.

In reference to King Offa, he says, “And in imitation [of Charlemagne’s

Capitulars] Offa made a law about the year 794, whereby he gave to the

Church the tithes of all his kingdom, which the historians tell us was

done to expiate for the death of Ethelbert, king of the East Angles, whom

in the year preceding he had caused basely to be murdered on his coming

to his court to marry his daughter.”[79] He quotes as his authority for

this story the chronicle of Bromton, abbot of Jervaulx, in Yorkshire,

who lived towards the end of the 14th century. Now, in referring to this

chronicle, I find that Prideaux made two wrong quotations, viz. (1) that

Offa made a law; (2) that he gave tithes of all his kingdom of Mercia.

Let John Bromton speak for himself. “This Offa, by the wicked advice of

his wife, treacherously (prodicionaliter) put to death St. Ethelbert,

king of the East Angles, who was on a visit to him for the purpose of

marrying his daughter; in atonement for which sin he brought down his

pride to such a degree of humility and penitence that he gave to _Holy

Church a tenth of all that belonged to him_.”[80]

Roger of Wendover gives a very graphic account of the murder of King

Ethelbert by Offa’s wife in 792, in order to add his kingdom to Mercia.

After his death Offa annexed it to his own.[81]

Polydore Vergil followed Bromton, and Holinshed followed Polydore. Selden

quotes from Polydore thus: “Offa’s giving the tithe of his estate _to the

clergy and the poor_.”[82]

Bromton says that he gave the tithe to Holy Church. Polydore explains

what Bromton meant by Holy Church; viz., “The clergy and the poor.”

Polydore was an Italian priest sent to England by the Pope to collect

Peters pence. He was archdeacon of Wells, and wrote a history of England,

which he dedicated to Henry VIII. In this history he explains what was

meant by “Holy Church” thus: “He (Offa) gave the tenth part of all his

goods to priests and other poor men.”[83] Holinshed says, “He granted the

tenth part of his goods unto churchmen and poor people.”[84]

The poor were always considered in grants of tithes or offerings, because

charity was, and is, the basis of the Christian religion. And this

fundamental principle of Christianity runs through all donations to Holy

Church in Anglo-Saxon and Norman times.

Lord Selborne considers Bromton’s statement as regards Offa’s grant of

tithes, as a “mythical story,”[85] because other chroniclers do not

mention it. Is Lord Selborne consistent in pushing on this theory of

ignoring any statement which is not confirmed by some other independent

writer? Let us take for example, the Ordinances made at Habam about A.D.

1012. They are found only in Bromton’s work. They are not confirmed by

any other writer, but are copied by writers from this source. Does Lord

Selborne state that they are “mythical,” because other chroniclers do not

mention them? No. He admits them as genuine.[86] So does Mr. Thorpe.[87]

If Lord Selborne were consistent, he would have rejected them, because

they are not confirmed by other independent writers. No one knows from

what source Bromton had taken his text.

Lord Selborne admits the other two statements made by Bromton; viz., (1)

King Ethelbert’s murder. (2) The grant of Peter’s Pence.

Now, it appears to me that this so-called “mythical story” was not

unreasonable, (1) because King Offa enacted the payment of tithes in his

own kingdom in 787; and (2) because it was a tenth of his own property

which was granted. It certainly was not a general enactment for the

payment of tithes throughout his kingdom.

Kemble says on this point, “I think that in this case he [Bromton] has

probability on his side, if we restrict the grant to Offa’s demesne

lands, or to a release of a tenth of the dues payable to the King on

folcland.”[88] This is exactly my opinion also.

Dean Prideaux is not correct when he states, “This law of Offa was that

which first gave the Church a civil right in tithes in this land, by way

of property and inheritance, and enabled the clergy to gather and recover

them as their legal due by the coercion of the civil power.”[89] This

dignitary of the Church, so often quoted, polluted the tithe question

with so much fiction and ill-digested conclusions that he has made the

true history of tithes very embarrassing. But there is one comfort that

the light which the latest researches have thrown upon the whole tithe

question has completely dissipated the numerous fictions which surround

it.

It is erroneously stated that when tithes originated in England there

were no poor, although our Lord says we should always have the poor among

us; and that the owner of the soil was bound to support all that were

born on his soil; that they worked and lived for him, and therefore there

was no necessity for making provision for the poor out of the tithes.

Now on this special point we have overwhelming genuine documentary

evidence that provision was distinctly made for the poor in the first

mention of tithes being paid in England. “It is not lawful,” says

Archbishop Theodore, “to pay tithes except to the _poor and strangers_.”

This is the first instance in which tithes are mentioned in English

writings. It is therefore wrong to say that there were no poor in this

country when the custom of paying tithes commenced in England. Theodore’s

statement was written not later than A.D. 686. The second reference to

tithes is in Bede’s “Eccl. Hist.,” where he states that Bishop Eadbert

gave (A.D. 686) _one-tenth of his own goods to the poor_.[90] “Not

tithes in particular,” says Lord Selborne, “but all church property

of every kind was from early times, and down even to the fourteenth

century, described as _the patrimony of the poor_. The poor were always,

and almost must be in an especial degree, objects of the Christian

ministry.”[91]

In Anglo-Saxon times the State did not provide for the poor. It

demanded that every man should be answerable for himself in a mutual

bond of association with his neighbour, or should place himself under

the protection of some lord. The man without means or protection was

treated as an outlaw. This was heathenism and not Christianity. The

grand humanitarian, philanthropic principles of the Christian religion

were taught the Saxon heathen from the very first by the Christian

missionaries. Unquestionably these missionaries found poor, outcast

Anglo-Saxons to whom they preached the Gospel, and assisted them

with their charity and protection. This was the special function of

the bishops and their clergy in their dioceses, and monks in their

monasteries. When they appealed to the people for their voluntary

offerings of tithes, the strongest point in that appeal was for means

to help the poor and strangers, and so tithes went partly towards poor

rates, partly towards a church rate to repair the edifice, and partly

towards the clerical sustentation fund. These were originally the three

distinct functions of tithes in England. There is sufficient evidence for

a reasonable conviction on this much-disputed point of the division of

tithes.

CHAPTER VII.

_KING ETHELWULF’S ALLEGED GRANT OF TITHES._

“But this establishment,” says Prideaux, “reached no further than the

kingdom of Mercia, over which Offa reigned, till Ethelwulf, about sixty

years after, enlarged it for the whole realm of England. And because

hereon the civil right of tithes in this land had its main foundation,

and this matter hath been much perplexed by those who have wrote of it,

both _pro_ and _con_, I shall for the clearing of it from all objections

and difficulties raised about it, here give a thorough and full account

of the whole matter,” etc.[92] This erroneous view has been long exploded.

It is amusing to read what Prideaux calls Selden’s able and learned

history of tithes: “Mr. Selden’s wild chimera,” and again, “his

wild conceit”; but nothing could be wilder than his own _conceit_

on the Divine origin of tithes in the Church of England. Another

Dean—Comber—also wrote strongly against Mr. Selden’s “Tithes.”[93]

Mr. Selden had taken Ethelwulf’s charter passed in a Witenagemót, A.D.

844, as the first legal title-deed of granting tithes to the clergy. In

this view he was followed by Prideaux, Hume, Collier, Rapin, Milman,

Echard, and others.

Sir Henry Spelman had taken another view, and supposed the grant to have

been the origin of the glebe-lands of the Church; but this opinion was

wrong, because churches had been endowed with glebe lands prior to these

grants.

The great question at issue is, “Did Ethelwulf’s charters grant a tithe

of yearly increase?” They did not.

I have consulted the following chronicles on this matter:—

(_a_) The Saxon Chronicle under the year A.D. 855 writes: “In this year

Ethelwulf, inscribing in a book the tenth part of the land and also of

his whole kingdom, dedicated it to God’s praise, and thereby seeking also

his own eternal salvation.” [“Decimam terræ suæ et regni quoque totius

partem libro inscribens, in laudem Dei, suæque etiam æternal saluti

consulens, dicavit.”]

(_b_) Simeon has under A.D. 855: “At this time King Ethelwulf tithed all

the empire of his kingdom for the redemption of his own soul and the

souls of his ancestors.” [“Quo tempore rex Ethelwulfus decimavit totum

regni sui imperium, pro redemptione animæ suæ et antecessorum suorum.”]

(_c_) Huntingdon, under A.D. 854, writes: “Ethelwulf in the nineteenth

year of his reign tithed all his land to the uses of the Churches for

God’s love and his own redemption.” [“Ethelwulfus decimo nono anno regni

sui totam terram suam adopus ecclesiarum decimavit, propter amorem Dei et

redemptionem sui.”]

(_d_) Wendover, A.D. 854: “In this same year the magnificent King

Ethelwulf conferred upon God and the blessed Mary and all the saints the

tenth part of his kingdom free from all secular services, exactions, and

tributes.” [“Eodem anno rex magnificus Athelwulfus decimam regni sui

partem Deo et Beatæ Mariæ et omnibus sanctis contulit, liberam ab omnibus

servitiis sæcularibus exactionibus et tributis.”]

(_e_) Malmesbury says: “Ethelwulf granted to Christ’s servants the tenth

part of all the ploughlands within his kingdom, free from all duties,

and discharged from all liability to disturbance.” [“Ethelwulfus decimam

omnium hidarum infra regnum suum Christi famulis concessit, liberam ab

omnibus functionibus absolutam ab omnibus inquietudinibus.”]

(_f_) Asser, surnamed Menavensis, from the place of his birth, writes,

under A.D. 855: “In the same year Ethelwulf released the tenth part

of his whole kingdom from all royal service and tribute, and by a

perpetual inscription offered it as a sacrifice on the cross of Christ

to the Trinity for the redemption of his own soul and the souls of his

ancestors.” [“Eodem anno Æthelwulfus decimam totius regni sui partem ab

omni regali servitio et tributo liberavit, in sempiternoque graphio in

cruce Christi pro redemptione animæ suæ et antecessorum suorum, uni et

trino Deo immolavit.”]

Asser was well acquainted with the traditions of the king’s house, having

been tutor and biographer of Alfred, Ethelwulf’s son.

(_g_) Ingulphus, A.D. 855: “It added to the prosperity of the old age

(of Guthlæ, Abbot of Crowland) that Ethelwulf, the famous king of the

West Saxons, when he recently returned from Rome (where, with his younger

son Alfred, he had visited abroad the thresholds of the Apostles Peter

and Paul and the most holy Pope Leo), with the free consent of all his

prelates and princes who ruled under him, the various provinces of all

England, then first endowed the whole English Church throughout his

kingdom with the tithes of the lands and other goods and chattels, by

a writing under his own hand in this form,” then follows the charter.

[“Accessit ad prosperitatem senii sui, quod inclytus rex west saxonum

Ethelwulphus cum de Roma, ubi limina Apostolorum Petri et Pauli, ac

sanctissimum Papam Leonem, multa devotione una cum juniore filio suo

Alfredo peregre visitaverat, noviter revertisset, omnium Prælatorum ac

principum suorum, qui sub ipso variis provinciis totius Angliæ præerat,

gratuito consensu, tunc primo cum decimis omnium terrarum, ac bonorum

aliorum sive catallorum, universam dotaverat ecclesiam Anglicanam per

suum regium chirographum confectum inde in hunc modum.”][94]

(_a_) Refers to grant of lands, and not tithes; (_b_, _c_) use the word

decimavit; (_d_, _e_, _f_) refer to a grant of lands freed from secular

services, exactions, and tributes; (_g_) refers to tithes.

The word _decimare_ had been often used as regards gifts in tenths quite

apart from the idea of tithes. The whole difficulty in reference to

Ethelwulf’s grants, turns upon his use of the word tenth as a convenient

measure for ecclesiastical and other benefactions. This fact testifies

to another fact; namely, the growing recognition of the tithe as the

clerical portion.[95]

In order to get a correct idea of the application of the charters, it is

essentially necessary to make oneself familiar with the proper meanings

of “Folcland” and “Bocland.”

FOLCLAND AND BOCLAND.

_Folcland_ was the general property of the community—_i.e._, Anglo-Saxon

national property—_terra fiscalis_, and its possessors were bound to

assist in repairing royal vills and in other public works; and were also

liable to have travellers quartered upon them for subsistence. They were

required to give hospitality to kings and great men in their progresses

through the country; to furnish them with carriages and relays of horses,

and to extend the same assistance to their messengers, followers, and

servants, and even to persons who had charge of their hawks, horses,

and hounds. Such are the burdens from which lands were liberated when

converted by charter into bocland. For breach of these conditions they

were liable to forfeiture or witeraeden; that is, fines. Freemen of

all ranks and conditions, as well as common people, held folcland. The

possessor had only a life-interest in it. On his demise the king could

dispose of it to another. The holder may also possess bocland. Every one

was desirous of having grants of folcland, and to convert as much as

possible of it into bocland.

_Bocland_ was land held by book or charter. It had been land severed by

an act of the government from the folcland, and, by a written instrument

was converted into an estate of perpetual inheritance. The possessors

of bocland were released from all services to the public except the

_trinoda necessitas_; that is, contributing to military expeditions,

repairs of castles and bridges. The Church contrived in some cases to

obtain exemption from them, but in general its lands, like those of

others, were subject to them. The greater part of the charters granting

exemptions to the Church, are forgeries. The estates of the higher

nobility consisted chiefly of bocland. Bishops and abbots had bocland

of their own in addition to what they held in right of the Church. _The

Anglo-Saxon kings had private estates of bocland, and these estates

did not merge in the crown, but were devisable by will, gift, or sale,

and transmissible by inheritance in the same manner as bocland held by

a subject._ Among the Anglo-Saxons royalty was elective. It sometimes

happened that on the demise of the king his nearest blood did not succeed

to the throne. The former king’s private estate did not then pass to his

successor, but to his own children. Hence the advantage of a private

estate in addition to the demesne or crown lands. The folcland could not

be converted into bocland without the consent of the king by and with

the advice of his Witenagemót, an expression of the national will in its

distribution. There is hardly a Saxon charter creating bocland, which is

not said to have been granted by the king with the consent and leave of

his nobles and great men. “Cum consilio, consensu et licentia procerum,”

or similar expressions. If that consent were withheld, the king’s grant

would be invalid. There was a case of this sort. Baldred, king of Kent,

had given to Christ Church, Canterbury, the manor of Malling, in the

county of Sussex; but the king having offended his nobles, they refused

to ratify his grant, and therefore the grant had not taken effect until

King Egbert, in 838, with his counsel assembled at Kingston-upon-Thames,

restored the manor to the Church through the action of Archbishop

Ceolnoth.[96]

If the king himself received a grant of folcland, he had first to receive

the consent of his Witan. Ethelwulf booked twenty hides of folcland to

himself in his private capacity, but he had the consent of his Witan;[97]

Offa did the same.

When folcland was appropriated to the king’s subsistence, that is, to

the maintenance of his household, court, etc., it was said to be held

_in demesne_, or let out to farm; afterwards called Terra Regis, or

crownland. A great part of the “Terra Regis” of Domesday was folcland,

or public property of the State, and the king was only the usufructuary

possessor. We have an important definition of Terra Regis at page 75

of the “Exon Domesday,” viz., “The demesne land of the king _belonging

to the kingdom_,” and we find a similar definition in the “Exchequer

Domesday.”[98]

In dealing with Ethelwulf’s charters, it is essentially necessary to

state Mr. Kemble’s six canons of tests by which the Saxon charter may not

only be distinguished from a will or the record of a synodal decree, but

whether it is spurious.

These canons are (1) The Invocation; (2) The Proem; (3) The Grant; (4)

The Sanction; (5) The Date; (6) The Teste.

(1) The Invocation is a short ejaculation which usually forms the first

member of the document. (2) The Proem is a general observation on the

virtue of charity to the Church, the nothingness of earthly possessions,

and the advantage of purchasing with them heavenly treasures. (3) The

Grant, which is the important part of every charter. (4) The Sanction,

by which is meant the punishment attached to the violation of the

premises. It is called the “Si quis” clause. (5) The Date. (6) The Teste

or Subscriptions. In almost all ecclesiastical documents the witnesses

subscribed with their own hands.[99]

A history of tithes · 第 20 / 24 章