Positive law, at least in progressive societies, is constantly tending to fall behind public opinion, and the expedients adopted for bringing it into harmony therewith are three, viz, legal fictions, equity and statutory legislation.
The Orphic poems also played an important part in the controversies between Christian and pagan writers in the 3rd and 4th centuries after Christ; pagan writers quoted them to show the real meaning of the multitude of gods, while Christians retorted by reference to the obscene and disgraceful fictions by which the former degraded their gods.
Here we have a first proof of his talent for romancing; for alike to two pilgrims who show him the road and to the huntsmen of Mark's court (whom he instructs in the rightful method of cutting up and disposing the quarry), Tristan invents different, and most detailed, fictions of his land and parentage.
$ The Council of Trent enjoined due payment of tithes, and excommunicated those who withheld them .° In England the earliest example of legal recognition of tithes is, according to Selden, a decree of a synod in 786.10 Other examples before the conquest occur in the Foedus lElfredi Guthruni and the laws of Athelstan, Edgar and Canute."A full discussion of their origin and history is to be found in Lord Selborne's Ancient Facts and Fictions concerning Churches and Tithes (1888); the History of the Law of Tithes in England, by G.