Dr. Lingard’s opinion is valuable upon this point. “It was probably
thought,” he says, “that a law so precise (as Edgar’s), and so severe—a
forfeiture of eight-tenths of the crop—would insure for the future the
exact payment of the tithe; but its subsequent re-enactment in the reign
of Ethelred,[215] and again in the reign of Canute, will justify a
suspicion that in many places its provisions were set at defiance, and in
many but imperfectly enforced.”[216]
Mr. Fuller, in “Our Title-Deeds,” regards Dr. Lingard’s silence about the
Church Grith law as “inexplicable in every way.” The above quotation, as
regards this law, clearly proves the charge to be groundless.
As Bromton had copied his Anglo-Saxon laws from the old Latin version,
he has not fourteen of the fifteen laws which were omitted in that
version.[217]
“It may be asserted,” says Lord Selborne, “without risk of error, that
_no part_ of the Worcester volume, Nero, A. 1 of the Cottonian collection
was written before the end of Cnute’s reign, who died in 1035, for the
volume begins with Cnute’s laws, which are followed by those of Edgar,
Alfred, Athelstan, Edmund, Ethelred; and after them Grith and Mund,
and Church Grith:—all in Anglo-Saxon, _without break_, and in that
order.”[218]
Every reader of “Facts and Fictions” cannot consult the Worcester
volume to judge for himself whether this statement is correct or not.
Readers generally accept as true what men of position and education
publish, without investigating—for they have not time—the truth of the
subject-matter. Mr. Fuller makes the following candid admission: “In
Thorpe’s ‘Anglo-Saxon Laws,’ i. 342, the tripartite division _seems
expressly sanctioned by law_; it will be therefore necessary for us
to investigate this important fact, and see _if it is not possible to
shake its authority and bearing on the case_.”[219] This is exactly the
spirit with which certain writers attack the law. Let us test the above
quotation from “Facts and Fictions.” The volume contains 184 folios
quarto. Folios 1 to 39 form the first tract in the volume; 42 to 56 the
second; 57 to 68_b_ the third; 71 to 97_b_ the fourth, etc.
Public-domain text, read in full here on John Shaqi.
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