250
THE SAXOXS IX EXGLAND.
[book i.
glish call Fri1Sborgas, 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 him-
self, 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 friSborh
there was one headman whom they called friSborg-
heved, then this headman should take two of the
best men of his fri1δborh, and the headman of each
of the three friSborgs 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 friSborh
both of the offence and flight of the aforesaid ma-
lefactor. 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 frilδborh : and they shall make amends
to the justice according as it shall be by law ad-
judged them. And moreover the oath which they
could not complete with the venue, the nine them-
selves shall make, viz. that they had no part in the
offence. And if at any time they can recover him,
CH. IX.]
THE TITHING AND HUNDRED.
251
they shall bring him to the justice, if they can, or
tell the justice where he is1.”
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 him-
self, 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 establish-
ment of the Tithjngs, to whom the community
looked as responsible for the conduct of every in-
dividual comprised within them ; and coupled with
the family obligations which still remained in force
in particular cases, they amply answered the pur-
pose 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 :
’ “De fri<5borgia, et quod soli Eboracenses vocant fr⅛borch Ten-
Mannetale, i. e. sermo decern hominum,” etc. Leg-. Edw. Conf. xx.
Thorpe, i. 450.