A history of tithes

by Henry William Clarke

Selden makes some weighty remarks on Edgar’s law. “But as the first part,” he says, “of his law that gives all tithes to the mother Church of every parish, meant in them a parochial right to incumbent; so also the second part, that permits a third portion of the founder’s tithes to be settled in a church new built, whereto the right of sepulture is annexed, makes a dispensation for a parishioner that would build such a church in his bocland.... I doubt not that such new erections within old parishes bred also new divisions, which afterwards became whole parishes, and by connivance of the time took (for so much as was in the territory of that bocland) the former parochial right that the elder and mother Church was possessed of. For that right of sepulture was, and regularly is, a character of a parish church, and as commonly distinguished from a capella.”[164]

Edgar’s law was of great importance. If it were carried out at the present day, the several daughter Churches which have burial grounds would receive a share of the parochial tithes. These district or daughter Churches relieve the mother or parish Church of a large part of the spiritual duties without receiving any part of the spiritual endowments. At no time was this neglected condition so keenly felt as before the creation of the Ecclesiastical Commission. Some private patrons were, and are still reluctant to divide a portion of the parochial tithes among the incumbents of the daughter Churches. But public patrons do so. At the present time, when some well-endowed parishes become vacant, public patrons and some private patrons also, redistribute the tithe endowments among the poorer incumbents of the same parish. But these commendable changes have been brought about by Acts of Parliament and Orders in Council.

In reference to the one-third to the priest of the manorial church, Bishop Kennett says: “Another fair pretext of the religious to regain appropriations, was to desire no more than two parts of the tithe and profits, leaving a third to the free and quiet enjoyment of the parish priest, whom at the same time they eased from the burthen of repairing the church and relieving the poor, and took that charge upon themselves. This again was a colour that looked well, for it was but a returning to the old institution of dividing the profits of a parish into three parts: one to the priest, one to the church, and a third to the poor. The one-third was called the church’s part, and was expressly excepted as belonging to the priest, and was frequently described as a portion separate from the share of the monks and pertaining to the parish church. It was on this account that the patron’s charter of consenting to an appropriation, did sometimes expressly reserve a third part to the bishop, and for the same reason the bishops of Man had their Tertiana, or third part of all churches, in that island. The bishops provided perpetual vicars, who enjoyed a full third of the tithes, and in addition he had oblations and perquisites, which all made his portion often equal to, if not exceeding that of the convent.”[165] These are the words of a bishop of the Church of England. He fully admits the existence of “the old institution of dividing the profits of a parish into three parts,” etc. This old division was not questioned until fifty-eight years ago by Archdeacon Hale, of London, and recently revived by Lord Selborne. I shall presently deal with the opinions of these two writers.

Bishop Kennett further adds, that although there was a threefold division of tithes and oblations in England, yet the whole product of tithes and offerings was the bank of each parish church, and the minister was the sole trustee and dispenser of them according to the stated rules of piety and charity. This is a most remarkable and vital observation, because in course of time this sole trustee kept all the tithes and oblations to his own personal use, in the same manner as the monks acted in respect to all the profits of the churches appropriated to them after the Norman Conquest.

It may be observed that at one time lay patrons had kept to themselves the two parts for the poor and repairs of the churches, and gave the priest the remaining one-third. This arrangement led to great disorders, because they kept the two parts to their own use and had them infeoffed in them and their heirs, leaving the altarage or small tithes to the parish priest. By conscientious scruples, however, they restored in course of time the two parts to the parochial priests, or religious houses, for distribution to the poor and for repairing the churches.

Canons Enacted under King Edgar.[166]

Canon 55. “And we enjoin that the priest so distribute the people’s alms, that they do both give pleasure to God and accustom the people to alms.”

The following is a gloss on this canon:—“And it is right that one part be delivered to the priest, a second part for the need of the church, and a third part for the poor.”