Up to A.D. 1180, the owners of lands from which tithes arose might give them, as they please, to bishops, chapters, monasteries, or to the parish churches on their own estates. Hence, churches erected by landowners after 960 received in many cases, up to 1180, all the tithes of the new parochial boundaries, and not one-third.
But I disagree with them in limiting the origin of the type of our modern parishes to A.D. 960. I trace the germ of our modern parishes back to the two earls’ churches, consecrated in A.D. 686.[173] Soames, Lappenberg, and Dean Hook refer the origin of our modern parishes to Archbishop Theodore (668 to 693). That Bede’s churches were in the north of England does not militate against my view. It was but the germ, which gradually expanded.[174]
CHAPTER X.
THE LAWS OF ETHELRED II.
The following nine laws appear in Thorpe’s “Ancient Laws,” etc.[175]
I. Council of Woodstock. Thorpe takes his text from Cott. Titus, A. 27. The MS. is of the thirteenth century, and contains perhaps the best text extant of the old Latin version of the Saxon laws. Wilkins has it among his “Saxon Laws,” but omits it in his “Concilia.” Bromton also has it.
II. The Treaty with the Norwegian Kings, viz., Anlaf, Justin, and Guthmund. Thorpe prints his text from the above MS. Bromton has it Wilkins has it in his “Laws,” but not in his “Concilia.”
III. The Council at Wantage (A.D. 997). Thorpe prints it from the above. Bromton has it. Wilkins has it in his “Laws.”
IV. De Institutis Londoniæ (prob. A.D. 997). Thorpe prints it from the above, and remarks that it was a most important law as regards the commercial and monetary history of England.
V. Liber Constitutionum (A.D. 1008). Thorpe prints it from Cott. Nero, A. 1. Wilkins has it in his “Laws,” but not in his “Concilia.” Lord Selborne confounds this with the Ordinances passed at Habam.