I refer the reader to pp. 20-23 in this book for a full discussion on
this point.
In the second place, as regards Mr. Price’s opinion, I must also refer
the reader to p. 107.
CNUTE’S LAWS.
These laws are divided into three branches, (1) Ecclesiastical, (2)
Secular, (3) Constitutiones de Foresta.
The text from which Mr. Thorpe prints (1) and (2), is Cott. Nero., A. 1,
which was written in the middle of the eleventh century. The text of (3)
is from Spelman’s “Glossarium Archæologicum.” There are twenty-six laws
in (1); eighty-five in (2); thirty-four in (3).[225]
In A.D. 1018 at a Witenagemót at Oxford, Cnute confirmed the laws of
Edgar. “The laws of Edgar,” says Lappenberg,[226] “had shown particular
regard to the Danes dwelling in England, while in those of Ethelred, as
far as we are acquainted with them, similar provisions do not appear.”
This was the true reason for Edgar’s laws having been adopted as a model
by Cnute. He also made use, however, of Ethelred’s laws, especially those
on Ecclesiastical subjects. It is remarkable to find very many of the
articles of “Grith and Mund” and of “Church Grith” embodied in Cnute’s
laws, although much pains have been taken to prove that these laws were
spurious and unauthentic. And yet we find that no less than thirty-six
of the forty-four articles in the Church Grith law are incorporated in
Cnute’s laws! It is interesting to notice how Lord Selborne disposes of
the remaining eight. Five (articles 36 to 39 and 43), he says, are of
that historical, rhetorical, expostulatory and didactic character as are
not proper for laws which could in that or any similar form be enacted
by any legislature. One was omitted apparently as superfluous (_i.e._
41: “If a monk or mass-priest become altogether an apostate, let him be
for ever excommunicated, unless he the more readily submit to his duty.”)
Two remain which were evidently, on consideration, disallowed. One is
for the tripartite division of tithes, of which there is no trace in any
later collection of Anglo-Saxon laws, and one is rejected (art. 32) which
gave extraordinary aid and protection to abbots and their stewards.[227]
Now by rejecting article 32, are we to suppose that the abbots and their
stewards were not to be protected by the king’s reeves? for the article
states, “And the King commands all his reeves in every place that ye
protect the abbots on all secular occasions as ye best may; as ye desire
to have God’s or my friendship, that ye aid their stewards everywhere to
right, that they themselves may the more uninterruptedly dwell closely in
their minsters, and live according to rule.”[228]
Public-domain text, read in full here on John Shaqi.
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