[8] Headborough, Borsholder, and Chief-Frankpledge are three words which describe the same functionary. The latter of Norman, and the two former of Saxon origin. Borsholder = Borhes-ealder—Borhes (often written Borough as in "Headborough"), meaning Pledge or Surety. It is probable that the connection between Borough signifying "Town" and Borough the correlative of Plegium, is merely an accidental coincidence.
[9] It is difficult to avoid the confusion which arises from the use of the word "Hundred." Here the police-hundreds (probably introduced for the first time into England by Edgar) are referred to. The statement does not necessarily imply that the grouping of families into Tythings, and of Tythings into Hundreds took place before county areas were subdivided into smaller areas called Hundreds. It may be remarked, however, that an uninhabited Hundred (and there must have been many such if the whole kingdom was divided in this way) can have had no police significance.
[10] See [Note] on the Liability of the Hundred, p. 180, chap. ix. post.
[11] Burn I. p. 671.
[12] Edgar, Secular Ordinance, c. 6.
[13] Writing at the end of the eighteenth century Jeremy Bentham declared: "This is the great problem of penal legislation—(i.) To reduce all the evil of offences, as far as possible, to that kind which can be cured by a pecuniary compensation. (ii.) To throw the expense of this cure upon the authors of the evil, or in their default, upon the public."
[14] In addition to the "Trinoda necessitas" which besides compelling a man to serve in the Militia, also claimed his services for the repair of bridges, and for the up-keep of the national fortifications.
[15] See "Spelman's Glossary," sub verbo "Fredus."
[16] Ll. Aelf. 40; Ll. Ethelb. 34.
[17] The germ of trial by jury.