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[001] there will be a murder-fine unless englishry is presented according to the custom
[002] of the realm and the assise, and in the proper way, for it is all one whether it is not
[003] presented at all or presented improperly. We must see, therefore, how it ought to
[004] be presented,

How englishry1 ought to be presented according to the custom of divers counties; in some counties it is presented thus:


[006] [It is clear that [it ought to be presented] at once, at the taking of the inquest and
[007] before the coroners, but in divers ways according to the varied customs of the
[008] counties. In some counties, whether the dead is man or woman, it is presented by
[009] two males on the father's side and two females on the mother's side from among
[010] the nearer kinsmen of the slain man, who were described of old as ‘two long and two
[011] broad.’ In others it is presented by one male on the father's side and one female on
[012] the mother's side. In still others, according to some, if a man is found slain englishry
[013] is presented by one male on his father's side and one male on his mother's side,
[014] 2<or by one on the father's side or one on the mother's side only,> and if it is a
[015] woman who is found, by two females similarly chosen. 3If it is done in some other
[016] way the englishry will be void because improperly presented and a murder-fine will
[017] be given.4 The names of those who presented ought to be entered in the coroners'
[018] rolls to be presented before the justices in their eyre, where the persons who presented
[019] cannot be changed, nor their names, nor any variance introduced,5

For an Englishman who can be proved to be an Englishman no murder-fine will be given.6


[021] Englishry is presented in order to ascertain whether the slain man is an Englishman
[022] or a Frenchman;7 for an Englishman who can be proved to be an Englishman no
[023] murder-fine will be given, but if the englishry is void or improperly presented,
[024] though the slain man is an Englishman he will be reputed a Frenchman.

Where it is doubtful whether he is an Englishman and whether the kinsmen produced are his or not.


[026] If there is doubt whether those produced are his kinsmen or not, let the matter be
[027] declared by the country.8 If several are found slain, englishry must be presented
[028] separately for each.9] that we may know when it is properly presented and when not.
[029] 10[as] where it is presented before the coroners by four and before the justices by
[030] two, or before the coroners by two and before the justices by one, or conversely,11
[031] [or] if there is a variance or an error in the names of those produced, or in their
[032] persons,12 for no



Notes

1. ‘englescheria’ for ‘murdrum’

2. Supra i, 388

3-4. ‘quod si contra ... dabitur murdrum’, from lines 19-20

5. Continued infra n. 10

6. ‘non datur murdrum’ for ‘non presentatur Englesheria’

7. ‘Et ideo ... vel Francigena,’ from lines 20-21

8. Belongs infra 382 at n. 2

9. Belongs supra line 17, after ‘feminas’

10. Continued from supra n. 5; om: ‘Notandum quod’

11. Om: ‘nulla erit Englescheria’

12. Om: ‘non valebit praesentatio’


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