Frankpledge
Encyclopedia
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 amerced
(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. By the 15th century Frankpledge was superseded by local constable
s operating under the justices of the peace
.
(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".
. 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...
After the Norman Conquest of England
in 1066, the Norman rulers used the institution of the frith-borh to undermine the ties of kinship among their English subjects, as well as to increase and consolidate the power of their nobles and to establish a more stringent polity. This continued until the 14th century, when the importance of the frith-borh laws began to wane. By the 15th century the system was superseded by local constable
s operating under the justices of the peace
.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
throughout the Early Middle Ages
Early Middle Ages
The Early Middle Ages was the period of European history lasting from the 5th century to approximately 1000. The Early Middle Ages followed the decline of the Western Roman Empire and preceded the High Middle Ages...
. The essential characteristic was the compulsory sharing of responsibility among persons connected through kinship
Kinship
Kinship is a relationship between any entities that share a genealogical origin, through either biological, cultural, or historical descent. And descent groups, lineages, etc. are treated in their own subsections....
, or some other kind of tie such as an oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
of fealty
Fealty
An oath of fealty, from the Latin fidelitas , is a pledge of allegiance of one person to another. Typically the oath is made upon a religious object such as a Bible or saint's relic, often contained within an altar, thus binding the oath-taker before God.In medieval Europe, fealty was sworn between...
to a lord
Lord of the Manor
The Lordship of a Manor is recognised today in England and Wales as a form of property and one of three elements of a manor that may exist separately or be combined and may be held in moieties...
or knight
Knight
A knight was a member of a class of lower nobility in the High Middle Ages.By the Late Middle Ages, the rank had become associated with the ideals of chivalry, a code of conduct for the perfect courtly Christian warrior....
. 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 amerced
Amercement
An amercement is a financial penalty in English law, common during the Middle Ages, imposed either by the court or by peers. The term is of Anglo-Norman origin , and literally means "being at the mercy of": a-merce-ment .While it is often synonymous with a fine, it differs in that a fine is a fixed...
(fined).
Frankpledge can be traced back to King Canute II
Canute the Great
Cnut the Great , also known as Canute, was a king of Denmark, England, Norway and parts of Sweden. Though after the death of his heirs within a decade of his own and the Norman conquest of England in 1066, his legacy was largely lost to history, historian Norman F...
the Great of Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
and England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
(d. 1035), who declared that every man, serf or free
Serfdom
Serfdom is the status of peasants under feudalism, specifically relating to Manorialism. It was a condition of bondage or modified slavery which developed primarily during the High Middle Ages in Europe and lasted to the mid-19th century...
, 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
Danelaw
The Danelaw, as recorded in the Anglo-Saxon Chronicle , is a historical name given to the part of England in which the laws of the "Danes" held sway and dominated those of the Anglo-Saxons. It is contrasted with "West Saxon law" and "Mercian law". The term has been extended by modern historians to...
, from Essex
Essex
Essex is a ceremonial and non-metropolitan county in the East region of England, and one of the home counties. It is located to the northeast of Greater London. It borders with Cambridgeshire and Suffolk to the north, Hertfordshire to the west, Kent to the South and London to the south west...
to Yorkshire
Yorkshire
Yorkshire is a historic county of northern England and the largest in the United Kingdom. Because of its great size in comparison to other English counties, functions have been increasingly undertaken over time by its subdivisions, which have also been subject to periodic reform...
. In the south and southwest of England, tithing was common. Frankpledge began to decline in the 14th century. By the 15th century Frankpledge was superseded by local constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
s operating under the justices of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
.
Function in Anglo-Saxon society
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 "thingThing (assembly)
A thing was the governing assembly in Germanic and introduced into some Celtic societies, made up of the free people of the community and presided by lawspeakers, meeting in a place called a thingstead...
(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".
Later historical development
The frith-borh and its correlary, the tything, emerged from the traditional system of mutual accountability originally ensured by the social structure of kinshipKinship
Kinship is a relationship between any entities that share a genealogical origin, through either biological, cultural, or historical descent. And descent groups, lineages, etc. are treated in their own subsections....
. 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...
After the Norman Conquest of England
Norman conquest of England
The Norman conquest of England began on 28 September 1066 with the invasion of England by William, Duke of Normandy. William became known as William the Conqueror after his victory at the Battle of Hastings on 14 October 1066, defeating King Harold II of England...
in 1066, the Norman rulers used the institution of the frith-borh to undermine the ties of kinship among their English subjects, as well as to increase and consolidate the power of their nobles and to establish a more stringent polity. This continued until the 14th century, when the importance of the frith-borh laws began to wane. By the 15th century the system was superseded by local constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
s operating under the justices of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
.
See also
- FrithFrithFrith is an Old English word meaning "peace; freedom from molestation, protection; safety, security".- Etymology :Derived from Old English friðu, friþ, it is cognate to Old Norse friðr, Old High German fridu, German Friede, Dutch vrede, West Frisian frede, Icelandic friður, Common Scandinavian fred...
- Collective responsibility
- Court leetCourt leetThe court leet was a historical court baron of England and Wales and Ireland that exercised the "view of frankpledge" and its attendant police jurisdiction, which was normally restricted to the hundred courts.-History:...
- Gonin Gumi for a similar institution in Tokugawa Japan