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HISTORY OF ENGLAND.,

C H AIX.

called a tythingman, headbourg, or borfliolder,was appointed to preside. Every man was punishedas an outlaw , who did not register himself insome tything. And no man could change hishabitation, without a warrant or certificate fromthe borfliolder of the tything, to which he for-merly belonged.

When any person in any tything or decennarywas guilty of a crime, the borfliolder was sum-moned to answer for him; and if he was notwilling to be surety for his appearance and hisclearing himself, the criminal was committed toprison, and there detained till his trial. If hefled, either before or after finding sureties , theborfliolder and decennary became liable to enquiry,and were exposed to the penalties of law. Thirtv-one days were allowed them for producing thecriminal; and if that time elapsed without theirbeing able to find him, the borfliolder, with twoother members of the decennary , was obligedto appear, and together with three chief membersof the three neighbouring decennaries (makingtwelve in all) to swear that his decennary wasfree from all privity both of the crime committed,and of the escape of the criminal. If the borflioldercould not find such a number to answer for theirinnocence , the decennary was compelled by fineto make satisfaction to the king , according tothe degree of the offence 7 °. By this institutionevery man was obliged from his own interest to

70 Leges St. Edw. cap. 30. apud. Wilkins, p. 202.