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Updated: May 18, 2025
These regulations helped to keep the people of England the most backward in Europe; for though the division into shires and hundreds and tithings was common to them with the neighboring nations, yet the frankpledge seems to be a peculiarity in the English Constitution; and for good reasons they have fallen into disuse, though still some traces of them are to be found in our laws.
Ultimately the laws of the 10th and 11th centuries show the beginnings of the frankpledge associations, which came to act so important a part in the local police and administration of the feudal age.
The fabric of our judicial legislation commences in 1166 with the Assize of Clarendon, the first object of which was to provide for the order of the realm by reviving the old English system of mutual security or frankpledge.
Originally, a gild was nothing more than an association of ten families, for purposes of mutual protection and security. By the custom of "frankpledge," every freeman at the age of fourteen was called upon to give securities for his good behaviour.
And this Indenture further witnesseth, That for the more effectually carrying of the said covenant into execution, the said Walter Shandy, merchant, doth hereby grant, bargain, sell, release, and confirm unto the said John Dixon, and James Turner, Esqrs. their heirs, executors, and assigns, in their actual possession now being, by virtue of an indenture of bargain and sale for a year to them the said John Dixon, and James Turner, Esqrs. by him the said Walter Shandy, merchant, thereof made; which said bargain and sale for a year, bears date the day next before the date of these presents, and by force and virtue of the statute for transferring of uses into possession, All that the manor and lordship of Shandy, in the county of..., with all the rights, members, and appurtenances thereof; and all and every the messuages, houses, buildings, barns, stables, orchards, gardens, backsides, tofts, crofts, garths, cottages, lands, meadows, feedings, pastures, marshes, commons, woods, underwoods, drains, fisheries, waters, and water-courses; together with all rents, reversions, services, annuities, fee-farms, knights fees, views of frankpledge, escheats, reliefs, mines, quarries, goods and chattels of felons and fugitives, felons of themselves, and put in exigent, deodands, free warrens, and all other royalties and seigniories, rights and jurisdictions, privileges and hereditaments whatsoever.
Under the Plantagenets, the Tudors, and the Stuarts, there had been ministers; but there had been no ministry. The servants of the Crown were not, as now, bound in frankpledge for each other. They were not expected to be of the same opinion even on questions of the gravest importance. Often they were politically and personally hostile to each other, and made no secret of their hostility.
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