248
THE SAXONS IN ENGLAND.
[book i.
of English nationality. We may smile at, but must
yet respect, the feeling which made him also the
representative of every good thing, which connected
every institution or custom that his suffering coun-
trymen regretted, with his time-hallowed name. It
is unnecessary to detail the many ways in which
this traditional character of Ælfred continually re-
appears ; the object of these remarks is merely to
point out that the attribution to him of the system
of tithings, hundreds and the like, is one of many
groundless assertions connected with his name.
Not one word in corroboration of it is to be found
in Asser or any other contemporaneous authority ;
and there is abundant evidence that the system
existed long before he was born, not only in other
German lands, but even among ourselves. Still I
am unwilling to incur the responsibility of decla-
ring the tradition absolutely without foundation :
on the contrary it seems probable that Ælfred may
have found it necessary, after the dreadful confu-
sion and devastation of the Danish wars, to make a
new muster or regulation of the tithings, nay even
to cause, in some districts, a new territorial division
to be established upon the old principle ; and this
is the more credible,'since there is reason to believe
that the same causes had rendered a new definition
of boundaries generally necessary even in the case
of private estates : the strongest argument against
this lies however in the total silence of all contem-
porary writers. A less tenable supposition is, that
Ælfred introduced such divisions for the fir⅛t time
into the countries which he united with Wessex ; as
CH. IX∙]
THE TITHING AND HUNDBED.
249
it is impossible to conceive any Anglosaxon state
to have existed entirely without them.
The form and nature of the institution, long
known in the English law under the name of Frank-
pledge ɪ, may be compendiously described in the
words of the laws called Edward the Confessor’s2.
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 En-
‘ An early confusion gave rise to the reading of Freoborh, liberum
plegium, free pledge, frank-pledge, for FritSborh, the pledge or gua-
rantee of peace, pads plegium. The distinction is essential to the com-
prehension of this institution.
2 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
Eadgar thus expresses it : “ Let every man so order, that he have a
surety, and let the surety (borh) 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 sun∙ender the thief to justice, and let
what he before paid be restored to him.” Eadg. ii. § 6. Thorpe, i. 268.
“ This then is my will, that every man be in surety, both within the
towns and without the towns.” Eadg. ii. supp. § 3. Thorpe, i. 274.
“ Let every freeman have a true borh, who may present him to every
right, should he be accused.” Æ'Selred, i. § 1. Thorpe, i. 280.
“ If he flee from the ordeal, let the borh pay for him according to
his wer.” 2Eδelr. 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 lad 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 clear-
ing himself by the oaths of his friends, must run the risk and endure
the pain of the ordeal. Cnut, ii. § 36. Thorpe, i. 396.