r each other's
conduct, and over whom, one person, called a tithing-man, headbourg,
or borsholder, was appointed to preside. Every man was punished as an
outlaw who did not register himself in some tithing. And no man
could change his habitation without a warrant or certificate from the
borsholder of the tithing to which he formerly belonged.
When any person, in any tithing or decennary, was guilty of a crime, the
borsholder was summoned to answer for him; and if he were not willing to
be surety for his appearance, and his clearing himself, the criminal
was committed to prison, and there detained till his trial. If he fled,
either before or after finding sureties, the borsholder and decennary
became liable to inquiry, and were exposed to the penalties of law.
Thirty-one days were allowed them for producing the criminal; and if
that time elapsed without their being able to find him, the borsholder,
with two other members of the decennary, was obliged to appear, and,
together with three chief members of the three neighboring decennaries,
(making twelve in all,) to swear that his decennary was free from all
privity, both of the crime committed, and of the escape of the criminal.
If the borsholder could not find such a number to answer for their
innocence, the decennary was compelled by fine to make satisfaction to
the king, according to the degree of the offence.[*]
[* Leges St. Edw. cap. 20, apud Wilkins, p. 202.]
By this institution, every man was obliged, from his own interest, to
keep a watchful eye over the conduct of his neighbors; and was in
a manner surety for the behavior of those who were placed under the
division to which he belonged; whence these decennaries received the
name of frank-pledges.
Such a regular distribution of the people, with such a strict
confinement in their habitation, may not be necessary in times when
men are more inured to obedience and justice; and it might, perhaps, be
regarded as destructive of liberty and commerce in a polished state; but
it was well calculated to reduce that fierce and licentious people under
the salutary restraint of law and government. But Alfred took care to
temper these rigors by other institutions favorable to the freedom of
the citizens; and nothing could be more popular and liberal than his
plan for the administration of justice. The borsholder summoned together
his whole decennary to assist him in deciding any lesser differences
which occurred among
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