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COMMUNAL HOUSE DEMOLITION

Published online by Cambridge University Press:  05 October 2010

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Summary

THERE was a strange custom peculiar to the ancient community of the Cinque Ports, which has not, so far as I know, been found elsewhere in England. If a member of any one of these towns was elected to serve as Mayor or “Jurat” (the governing bodies consisting of a Mayor and twelve “jurats”), and refused to accept the office, his house was publicly demolished by the community. An extract from the Custumal of Sandwich, headed “Pena maioris electi recusantis officium suum,” will make the custom clear:–

Si maior sic electus officium suum recipere noluit, primo et secundo et tercio monitus, tota communitas ibit ad capitale messuagium suum, si habuerit proprium, et illud cum armis omnimodo quo poterit prosternat usque ad terrain. … Similiter quicunque juratus fuerit electus, et ju'rare noluerit, simile judicium.“

Although the custom of house demolition is apparently, as I have said, peculiar in England to the Cinque Ports, it was of widespread occurrence abroad. Thither, therefore, we must turn our steps in order to investigate its history.

It is in Flanders and in Northern France, and in Picardy most of all, that we find this singular custom prevailing, and discover its inseparable connexion with the institution of the Commune. It would seem that the penalty of house demolition was originally decreed for offences against the commune in its corporate capacity.

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Feudal England
Historical Studies on the XIth and XIIth Centuries
, pp. 552 - 562
Publisher: Cambridge University Press
Print publication year: 2010
First published in: 1895

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