Historians must be kept to the opinions expressed in their published
histories until they publicly repudiate them. This Mr. Freeman has not
yet done. Private letters which contradict them, are not only worthless,
but are injurious. Historians who adopt this plan place themselves in a
false position before the public. They cannot run with the hare and hunt
with the hounds. They cannot _consistently_ address private letters to
clerical tithe-owners expressing opinions against the threefold division
of tithes, and Church Grith law, which contradict their historical
opinions and statements.
V. The next witnesses produced by Lord Selborne are the Old Latin
Translators of the Anglo-Saxon laws. “An earlier collection,” he says,
“of the Anglo-Saxon laws, translated into Latin in the twelfth century,
of which Bromton may be presumed to have made use (though by giving the
Habam Ordinances he has shown that he had also access to other materials)
contains, with that exception, the same laws which are in Bromton.”
“The Latin translators, therefore, if they were acquainted, as is
possible, with the documents omitted in both collections (_i.e._ in their
Anglo-Saxon laws, and in Bromton’s), but classed by more modern compilers
among the public acts of King Ethelred’s reign, did not regard them as
possessing that character in any such sense as to make it fit that they
should find a place in a code of Anglo-Saxon laws; and it may be inferred
that they found no such place in any records of a public nature to which
those translators had access.”[201]
Here, again, his lordship resorts to his stereotyped formula, when laws
are omitted by writers that “They did not regard them as possessing the
character of laws.” I have already shown the several omissions made by
various writers in their collections of Anglo-Saxon laws, _because they
were unknown to them_. If we adopt Lord Selborne’s canon of criticism,
we must not only sweep away the Church Grith law, but actually _five_ of
King Ethelred’s laws, because they do not appear in the old Latin version!
I have carefully compared Thorpe’s collection with the old Latin version,
and the following is the result. There are fifteen Anglo-Saxon laws in
Thorpe’s collection which are omitted in the old Latin version; viz.,
the Laws of the Kentish kings—Ethelbert, Lothere, Edric, and Withred.
King Alfred’s Scriptural Laws, King Athelstan’s Decretum Cantianum and
Decretum Sapientum Angliæ, King Edmund’s Concilium Culintonense, King
Edgar’s Supplemental Laws, King Ethelred’s Liber Constitutionum, Council
of Enham, Church and Mund, Church Grith, and Council at Habam; King
Cnute’s Forest Laws.
Applying Lord Selborne’s canon of criticism, we are bound to repudiate
every one of these fifteen laws, because they are not in the old Latin
version. He cannot draw the line at the Church Grith law, and not include
the others.
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