70 History of the English Landed Interest. 



rights over the stubbles. The efficacy of the communal 

 machinery depended upon that of the individual; where all 

 suffered for one's misdeeds, the only remedy was for all to be 

 responsible for the good behaviour of each. 



Out of these circumstances was evolved the Fridborh, con- 

 fused by the Normans with the " freoh borh," and consequently 

 afterwards misnamed Frank-pledge.^ 



This system was not peculiar to the Teutonic nationalities, 

 but has been traced, together with a communal form of field 

 husbandry, to the Slavonic peoples of Bohemia,^ and the Celtic 

 tribes of Wales and Brittany.^ As soon as the overlord ap- 

 peared, in like manner as he had assumed his share in the 

 agricultural economy by replacing the community's farming 

 stock with that bought with his capital, so now he assumed 

 his responsibility in the system of Frank-pledge. Henceforth 

 he was the surety for an absconding criminal, and would have 

 to pay the " were " or fine to the relatives of any one murdered 

 by his retainers. The villeinage remained, as before, collec- 

 tively liable for an individual's shortcomings. But to the 

 intermediate class on the manor, those below the lord but 

 of more substantial means than the villein, the pledge did 

 not apply, as their worldly goods afforded a sufficient sub- 

 stitute.'* 



It is impossible to say when the recentralisation of juris- 

 dictory powers took place. It was no doubt a gradual process, 

 but there are abundant proofs of its steady progress. 



Whatever they were at first, the judicial rights of the in- 

 dividual did not long remain plenary. They belonged to the 

 assembly and not to the magistrate, and the freemen who 

 represented both County and Hundred judged the causes in 

 point of law as well as in point of fact.^ 



' Vide Kemljle, Ani/Io-Saxons, and Saxons in England. 



'■^ Codex Lcijuni Slavonicaruni. Analysis by M. R. Dareste, Journal 

 des Savantfi, 1885. 



^ Such seems the system of the " led," i.e. witnesses who might be re- 

 jected by the defendant, who were summoned by judicial authority, took 

 the oath, and could be examined if necossary. 



^ Palgrave, li/.se and Fall of Knyl. Covimoniccalth. 



'•' Guizot, Esaai sur Vlliaf. de France, p. 259 note. 



