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Frankpledge


Frankpledge, earlier known as frith-borh (literally "peace-pledge"), was a system of joint suretyship common in England throughout the Early Middle Ages. The essential characteristic was the compulsory sharing of responsibility among persons connected through kinship, or some other kind of tie such as an oath of fealty to a lord or knight. All men over 12 years of age were joined in groups of approximately ten households. This unit, under a leader known as the chief-pledge or tithing-man, was then responsible for producing any man of that tithing suspected of a crime. If the man did not appear, the entire group could be fined.

Frankpledge can be traced back to King Canute II the Great of Denmark and England (d. 1035), who declared that every man, serf or free, must be part of a hundred, that could put up a surety in money for his good behaviour. Frankpledge was more common in the area under the Danelaw, from Essex to Yorkshire. In the south and southwest of England, tithing was common. Frankpledge began to decline in the 14th century, and by the 15th century was superseded by local constables operating under the justices of the peace.

The essential characteristic of the frith-borh was the compulsory sharing of responsibility in legal matters among its members, which were traditionally ten in number, a group referred to as a teothung or tything, i.e. a "thing (assembly) of ten men". The members of the tything, under the leadership of a tythingman chosen from among them, had the responsibility of producing in the court of justice any man of their number who was summoned. If the individual did not appear, the remaining members could swear an oath to the effect that they had no hand in the escape of the summoned man. If they did not swear this oath before the court, the tything would be held responsible for the deeds of the fugitive, and could be forced to pay any fines his actions had incurred. This examination of the members of the tything before the court is the origin of the phrase "view of frank-pledge".


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