Legal Definitions - Englishry, presentment of

Presentment of Englishry

"Presentment of Englishry" refers to a historical legal procedure in medieval England, particularly after the Norman Conquest of 1066. If a person was found dead and their killer was unknown, it was presumed that the deceased was a Norman, and therefore murdered by an Englishman. This presumption triggered a severe collective fine, known as the murdrum fine, levied against the local community (the "hundred" or "vill"). To avoid this heavy penalty, the community had the burden of proving, or "presenting," that the deceased was actually of English descent. This act of demonstrating the deceased's English identity was called the "presentment of Englishry."

Here are some examples to illustrate this concept:

• Imagine a scenario in 12th-century rural England. A body is discovered by the roadside near the village of Oakhaven. The local sheriff arrives, and because the deceased's identity is unknown, the initial presumption under the law is that this person was a Norman, likely murdered by a local Englishman. To prevent the entire village of Oakhaven from being forced to pay the hefty murdrum fine, the villagers must quickly gather evidence and witnesses to present Englishry. They might bring forward family members who recognize the deceased as their kin, or neighbors who can attest to the deceased's long-standing English lineage within the community. If they successfully prove the deceased was English, the collective fine is avoided.

• A merchant traveling through a remote forest is found dead. The body is discovered within the jurisdiction of the "Hundred of Blackwood" (a larger administrative area). According to the law of the time, the Hundred of Blackwood is immediately liable for the murdrum fine, based on the presumption that the deceased was a Norman. To escape this significant financial burden, the officials and leading citizens of the Hundred of Blackwood must initiate a presentment of Englishry. They might send messengers to nearby towns to identify the deceased, hoping to find someone who can confirm the merchant's English birth and family ties, thereby overturning the initial presumption and absolving the community of the fine.

• In a bustling market town, a stranger is found deceased in an alleyway. The local authorities are poised to impose the murdrum fine on the town. However, a local innkeeper steps forward, recognizing the deceased as a regular patron. The innkeeper, along with other townsfolk, provides testimony about the deceased's family, their known English ancestors, and their long-standing presence in the region. This collective testimony, supported by the community's knowledge, serves as the presentment of Englishry, successfully demonstrating that the deceased was not a Norman. By doing so, the town avoids the severe financial penalty that would otherwise have been imposed.