Mr. Freeman, in his long private letter, has produced no proof whatever
to upset the Church Grith as a proper legal enactment. He has not stated
what the _something_ was to make the legislation perfect. If he means
that no provision was made to carry out what was ordained, he contradicts
himself, because he distinctly states above what is true, that as regards
the sixth law for the payment of tithes, “means were prescribed, copied
from Edgar’s laws, for carrying the enactment into force.”
It was quite common for an Anglo-Saxon king and his Witenagemót to
re-enact some of the laws of his predecessors. So Ethelred re-enacted
Edgar’s law as to the punishment which would follow the non-payment of
tithes. And Cnute re-enacted wholesale the laws of his predecessors.
The most remarkable, inconsistent, and contradictory part of this letter
is the abrupt jump which the writer takes from statements he was making
_in support_ of the Grith laws, to the statement, “In truth these laws
are hardly laws at all.”
I now turn to Mr. Freeman’s “Norman Conquest” to find what he has written
in it about this law. In it we get the mature thoughts of the historian,
before Lord Selborne’s books appeared.
“It was most likely,” says Mr. Freeman, “in a Gemót held on his return,
that the King and his Witan passed the laws which bear the date of
this year.[198] They relate mainly to ecclesiastical matters, but they
contain the same pious and patriotic resolutions as the codes of former
years, and they also contain some clauses of a special and remarkable
kind. He expressly approves the conduct of certain earlier assemblies
held under Athelstan, Edmund, and Edgar, which dealt with ecclesiastical
and temporal affairs conjointly, and they seem to deplore a separation
between the two branches of legislation which had taken place in some
later assemblies.” He then refers to sections 36, 37, and 38 of the
Church Grith, and adds, “cf. sec. 43, where the three kings are named.”
“The laws of this year (1014) again proclaim that one God and one King is
to be loved and obeyed.”
“_Such is the general summary of the last recorded legislation of
Ethelred, conceived in exactly the same tone as the laws of earlier
assemblies._”[199]
Here there is no reference whatever that in this last recorded
legislation of Ethelred, “they were hardly laws at all, but rather an
expression of pious and patriotic feeling, a kind of promise of national
amendment, than legislation strictly so called.”
The two statements—one in the History, and the other in a private
letter—are contradictory. Contradictory statements coupled with an
immense display of pedantry and egotism, characterize the recent writings
of this author.[200]
Public-domain text, read in full here on John Shaqi.
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