In the face of these facts, Lord Selborne adds: “The Ancient Latin
Version of the Anglo-Saxon laws _was evidently meant to be complete_, and
which does contain all the legislature properly so called of Ethelred’s
predecessors from Alfred downwards (why not also before Alfred?), and
also of Canute.”[202] Lord Selborne does not tell us who the Latin
translators were, and what opportunities they had, or what materials
were at their command to make their code complete. What official
position did they occupy? But we know, as an unquestionable fact, that
the Latin version was _not complete_, and that up to 1840 we have not
had a complete code of Anglo-Saxon laws from extant manuscripts until
Mr. Thorpe’s was published under the direction and authority of the
Commission of Public Records.
“The undoubted legislation Acts,” he further adds, “of King Ethelred’s
reign (viz., the Ordinances of Woodstock and Wantage), and also that to
which the Latin date A.D. 1008 is prefixed, have general titles in the
Anglo-Saxon text, signifying that they were passed by the king in the
national Witenagemót. But the title of the document numbered IX.[203] by
Mr. Thorpe, is very different.”[204] This is not correct, for the law
numbered IX. in Thorpe’s, has this title, “This is one of the Ordinances
which the King of the English composed with the counsel of his
Witan.”[205] Now, let us compare this title with those of (1) Woodstock,
(2) Wantage, and (3) the Law of A.D. 1008, which Lord Selborne admits to
be genuine. (1) “This is the Ordinance which King Ethelred and his Witan
ordained.”[206] (2) “These are the laws which King Ethelred and his Witan
have decreed at Wantage.”[207] (3) “This is the Ordinance that the King
of the English and both the ecclesiastical and lay Witan have chosen and
advised.”[208] These facts completely refute Lord Selborne’s statements.
The general title to the Church Grith law, with the name of the King and
Witan, is as strong as that of any of the admitted legal Acts stated by
Lord Selborne. Again, if we compare the title of the Church Grith with
that of Athelstan’s law, it is even stronger and in much better legal
form. Here it is: “I, Athelstan, King, with the counsel of Wulfhelm,
archbishop, and of my other bishops, make known to the reeves,” etc.[209]
Selden, Kemble, and Bishop Stubbs admit, but Lord Selborne denies, the
above to be a genuine law of King Athelstan. Lord Selborne criticises
the titles of Anglo-Saxon laws made nearly 1,000 years ago in the same
critical and technical manner as he would one passed at the present time.
Here is an example. The Church Grith law begins thus: “This is _one_ of
the ordinances which the King of the English composed with the counsel
of his Witan.” Here is Lord Selborne’s note: “This form of expression is
singular. I do not think that anything exactly like it is to be found
elsewhere.”[210] The usual style is, “This is the ordinance,” etc.,
or, “These are the ordinances,” etc.
Public-domain text, read in full here on John Shaqi.
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