The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
The form and nature of the institution, long known in the English law
under the name of Frankpledge[462] may be compendiously described in the
words of the laws called Edward the Confessor’s[463]. According to that
document,—
“Another peace, the greatest of all, there is, whereby all are
maintained in firmer state, to wit in the establishment of a guarantee,
which the English call Friðborgas, with the exception of the men of
York, who call it Tenmannetale, that is, the number of ten men. And it
consists in this, that in all the vills throughout the kingdom, all men
are bound to be in a guarantee by tens, so that if one of the ten men
offend, the other nine may hold him to right. But if he should flee, and
they allege that they could not have him to right, then should be given
them by the king’s justice a space of at least thirty days and one: and
if they could find him they might bring him to justice. But for himself,
let him out of his own restore the damage he had done, or if the offence
be so grave let justice be done upon his body. But if within the
aforesaid term he could not be found, since in every friðborh there was
one headman whom they called friðborg-heved, then this headman should
take two of the best men of his friðborh, and the headman of each of the
three friðborgs most nearly neighbouring to his own, and likewise two of
the best in each, if he can have them; and so with the eleven others he
shall, if he can, clear both himself and his friðborh both of the
offence and flight of the aforesaid malefactor. Which if he cannot do,
he shall restore the damage done out of the property of the doer, so
long as this shall last, and out of his own and that of his friðborh:
and they shall make amends to the justice according as it shall be by
law adjudged them. And moreover the oath which they could not complete
with the _venue_, the nine themselves shall make, viz. that they had no
part in the offence. And if at any time they can recover him, they shall
bring him to the justice, if they can, or tell the justice where he
is[464].”
-----
Footnote 462:
An early confusion gave rise to the reading of Freoborh, _liberum
plegium_, free pledge, frank-pledge, for Friðborh, the pledge or
guarantee of peace, _pacis plegium_. The distinction is essential to
the comprehension of this institution.
Footnote 463:
This is given here only as the most detailed account: the principle
was as old as the Anglosaxon monarchy itself, or older. The law of
Eádgár thus expresses it: “Let every man so order, that he have a
surety, and let the surety (c) bring and hold him to every right; and
if any one then offend and escape, let the surety bear what he ought
to bear. But if it be a thief, and the surety can get hold of him
within twelve months, let him surrender the thief to justice, and let
what he before paid be restored to him.” Eádg. ii. § 6. Thorpe, i.
268.
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