Englishry or, in
Old French
Old French (, , ; ) was the language spoken in most of the northern half of France approximately between the late 8th , , is a legal name given, in
medieval England, for the status of a person as an
England in the High Middle Ages">medieval England, for the status of a person as an
(i.e., as a commoner of native Anglo-Saxon stock rather than a member of the Anglo-Normans">Anglo-Norman elite).
Specifically, ''presentment of Englishry'' refers to the establishment that a person slain was an Englishman rather than a
Norman. If an unknown man was found slain, he was presumed to be a Norman, and the administrative district known as the
hundred
100 or one hundred (Roman numerals, Roman numeral: C) is the natural number following 99 (number), 99 and preceding 101 (number), 101.
In mathematics
100 is the square of 10 (number), 10 (in scientific notation it is written as 102). The standar ...
was fined accordingly, unless it could be proved that he was English. Englishry, if established, excused the hundred.
Origins
It is thought that Danish invaders first introduced the practice in England and that the Norman conquerors preserved and revived it.
W. Stubbs (''Constitutional History'', I p. 196) suggests such measures may have been taken by
William Stubbs">W. Stubbs (''Constitutional History'', I p. 196) suggests such measures may have been taken by
. It is not, however, mentioned in Tractatus de legibus et consuetudinibus regni Anglie">Glanvill's treatise, which is the earliest known treatise of medieval English law">King Canute. It is not, however, mentioned in Tractatus de legibus et consuetudinibus regni Anglie">Glanvill's treatise, which is the earliest known treatise of medieval English law. There is no direct evidence of an earlier date than Bracton's 13th century legal treatise ''De Legibus''.
Attempts to prove that a murdered Norman was English were understandably frequent.
Abolition
The practice was abolished with the Engleschrie Act 1340 (14 Edw. 3 Stat. 1. c. 4), an Act of Parliament (United Kingdom), act of the Parliament of England.
The act was extended to
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
by Poynings' Law 1495 (List of acts of the Parliament of Ireland, 1400–1499#10 Hen. 7, 10 Hen. 7. c. 22 (I)).
The whole act was repealed for
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
by section 1 of, and the schedule to, the
Statute Law Revision Act 1863 (
26 & 27 Vict. c. 125) and for
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
by section 1 of, and the schedule to, the
Statute Law (Ireland) Revision Act 1872 (
35 & 36 Vict. c. 98).
Though for some 200 years prior to abolition, it had no longer been possible reliably to distinguish Normans from Englishmen, the practice had continued because it was so profitable to the Crown, as only a small amount of the fine was allotted to the relatives of the murdered man.
See also
*
Murdrum
Notes
References
*{{EB1911, wstitle=Englishry, volume=9, page=645
*''Select Cases from the Coroners Rolls, 1265-1413'', ed. C. Gross, ''Selden Society'' (
London
London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
, 1896)
Charles Gross (1896) ''Select Cases from the Coroner's Rolls, A.D. 1265-1413'' Bernard Quaritch, London
Anglo-Saxon society
Medieval English law
Acts of the Parliament of England 1340
Repealed English legislation