CHAPTER XX

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_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.

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