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
“This then is my will, that every man be in surety, both within the
towns and without the towns.” Eádg. ii. supp. § 3. Thorpe, i. 274.
“Let every freeman have a true _borh_, who may present him to every
right, should he be accused.” Æðelred, i. § 1. Thorpe, i. 280.
“If he flee from the ordeal, let the _borh_ pay for him according to
his _wer_.” Æðelr. iii. § 6. Thorpe, i. 296.
“And we will that every freeman be brought into a hundred and into a
tithing, who desires to be entitled to _lád_ or _wer_, in case any one
should slay him after he have reached the age of xii years: or let him
not otherwise be entitled to any free rights, be he householder, be he
follower. And let every one be brought into a hundred and a surety,
and let the surety hold and lead him to every plea.” Cnut, ii. § 20.
Thorpe, i. 386.
The stranger or friendless man, who had no _borh_, i. e. could not
find bail, must be committed, at the first charge; and instead of
clearing himself by the oaths of his friends, must run the risk and
endure the pain of the ordeal. Cnut, ii. § 35. Thorpe, i. 396.
Footnote 464:
“De friðborgis, et quod soli Eboracenses vocant friðborch
Tenmannetale, i. e. sermo decem hominum,” etc. Leg. Edw. Conf. xx.
Thorpe, i. 450.
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Thus the object of the gylds or tithings was, that each man should be in
pledge or surety (_borh_) as well to his fellow-man as to the state for
the maintenance of the public peace: that he should enjoy protection for
life, honour and property himself, and be compelled to respect the life,
honour and property of others: that he should have a fixed and settled
dwelling where he could be found when required, where the public dues
could be levied, and the public services demanded of him: lastly that,
if guilty of actions that compromised the public weal or trenched upon
the rights and well-being of others, there might be persons especially
appointed to bring him to justice; and if injured by others, supporters
to pursue his claim and exact compensation for his wrong. All these
points seem to have been very well secured by the establishment of the
Tithings, to whom the community looked as responsible for the conduct of
every individual comprised within them; and coupled with the family
obligations which still remained in force in particular cases, they
amply answered the purpose of a mutual guarantee between all classes of
men. The system possessed the advantage of being necessarily regulated
by neighbourhood, and it was free from some disadvantages which might
have attended an exclusive reliance upon kinsmanship: the frðiborgas not
having the bond of blood between them, which might have induced an
improper partiality in favour of one of their members; and as they stood
under responsibility for every act of a gyldsman, being interested in
preventing an undue interference on the part of his family. We thus see
that the gyldsmen were not only bound to present their fellows before
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