View of frankpledge

Frankpledge, 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 in tithings. 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.

While women, clergy, and the richer freemen were exempt, otherwise all men over 12 years of age were organised in the system for mutual surety.

The first mention of frankpledge comes in 1114-18, with the Leges Henrici Primi; but 12th century figures like William of Malmesbury were keen to link it to pre-Norman times, and to the laws of Canute the Great. Some historians have indeed seen in the Anglo-Saxon frith-borh (literally "peace-pledge") the clear anticipation of frankpledge; others consider the 12th century commentators were reading back into earlier times the later concept, and that the borh system was much less rigid and comprehensive than frankpledge. On this view, William the Conqueror, with the revival of murdrum with respect to the French invaders, played an important role in systematising and universalising the tithing into the compulsory frankpledge, so as to increase and consolidate the power of the Normans and to establish a more stringent polity.

The borh was a system of surety whereby individuals – a family member, a master for servants, a lord for dependents – became responsible for producimg others in court in event of misdemeanors. At the same time, late Anglo-Saxon society increasingly shared responsibility in legal matters in groups of ten, to as a teothung or tything, i.e. a "thing (assembly) of ten men".

The tything was under the leadership of a tythingman chosen from among them, with responsibility of producing in the court of justice any man of their number who was summoned. The first tythings were entirely voluntary associations, being groups formed through the mutual consent of their free members. The aspect of the system which initially prevented its being made universally compulsory was that only landed individuals could be forced to pay any fines which might be put upon the group. For...

...
Wikipedia