In reference to the above words in italics, Lord Selborne says that
Edward (975-979) reigned between Edgar and Ethelred, and therefore
Edgar could not have been the last;[183] but it must be remarked also
that Edred and Edwy who reigned between Edmund and Edgar, are also
omitted in this 43rd article. Then why had the framers of the whole law
particularized the names of Athelstan, Edmund, and Edgar, and leave out
Edred, Edwy, and Edward? If we look at the arrangement of the Anglo-Saxon
laws, we find the order as above, viz., the laws of Athelstan, next those
of Edmund, and next the laws of Edgar, none by Edward, then come the
laws of Ethelred. The 43rd Article referred to these laws, and therefore
Edgar’s were the last. So there is no force in Lord Selborne’s remarks.
King Ethelred’s law on the threefold division of tithes has been found so
important in the discussion on the tripartite division that Lord Selborne
has devoted all his eminent legal powers, though unsuccessfully, to
upset this Anglo-Saxon law. (1) His first witnesses are Selden, Spelman,
Lambarde, Wheelock, and John Johnson.
“Selden and Spelman,” says Lord Selborne, “_were well acquainted_ with
the Worcester (Cottonian) manuscript; and as neither of them made mention
of this Church Grith document, it may be inferred that they did not
regard it as having the character or the authority of a law.”[184]
“If Lambarde, Wheelock, and John Johnson,” continues Lord Selborne, “were
acquainted with either manuscript—Church and Mund, and Church Grith—(_the
contrary supposition is improbable_), the inference as to them also,
from their silence about it (_i.e._ the Church Grith) must be the same,”
_i.e._ that “they did not regard it as having the character or the
authority of a law.”[185]
I shall examine these five writers _seriatim_.
Public-domain text, read in full here on John Shaqi.
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