Note 463 — Chapter IX · THE MUTUAL GUARANTEE. MÆGBURH. TITHING. HUNDRED.

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 Eádgár thus expresses it: “Let every man so order, that he have a surety, and let the surety (c) 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 surrender the thief to justice, and let what he before paid be restored to him.” Eádg. ii. § 6. Thorpe, i. 268.

“This then is my will, that every man be in surety, both within the towns and without the towns.” Eádg. ii. supp. § 3. Thorpe, i. 274.

“Let every freeman have a true borh, who may present him to every right, should he be accused.” Æðelred, i. § 1. Thorpe, i. 280.

“If he flee from the ordeal, let the borh pay for him according to his wer.” Æðelr. 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 lád 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 clearing himself by the oaths of his friends, must run the risk and endure the pain of the ordeal. Cnut, ii. § 35. Thorpe, i. 396.