Arguments concernimg the NEWBUILDINGS in the Parishes within the Weekly Bills of Mortality, without the City of LONDON.  
BEcause the increase of Newbuildings hath of late occasioned much Clamour, and seeing some Men endeavour by mistaken Suggestions to induce others to believe, That such Buildings are erected against Law, and are a public Nuisance; or if not so, that yet the Builders and Owners thereof (having as they supposed) made great advantages to themselves by such Buildings; therefore, they would have it thought reasonable, that a particular Tax of half a Years value, according to the improved Rent, should be imposed upon them towards the public Charge: imagining that the same will amount unto a vast Sum: Wherefore, for the prevention of a thing so unequal, and destructive to many particular Persons, and so little advantageous to the present Design; it may be reasonable to show the Mistakes and Errors of such Persons, and that these Buildings are not against any Law whatsoever, or any Public Nuisance, nor so advantageous to the Builders and Owners, as is imagined.  


I. The Common Law favours much the Increase of buildings, being for the Habitations of Men, and gives the Pre-eminence to Land builded before other Land, Co. Litt. f. 4. a: And the Supportation and Increase of Buildings in the Judgement of Law, was, and is esteemed a Melioration; and for the benefit of the Public, and no Nuisance, (according to that dangerous and unintelligble Opinion of some Men;) for a public Nuisance is properly malum in se, and cannot be so by accident; and what is not a Crime originally in itself, can no more become one by Inferences or Consequences, than the Accumulation of Things can alter the Name of Things: And it may be very inconvenient to make a Constructive or State-Nusance: But if the Parliament shall observe any growing Mischief, or Inconvenience, it may be proper to provide against them such preventing Laws, as they in their Prudence shall judge meet; but to punish Men by a Law Posterior to the Fact, must needs be unreasonable: For Vbi non est Lex ibi non est transgressio. And it is the Birthright of every Englishman, not to be punished, but by the known Laws of the Land; by the which, those who are concerned in Newbuildings, are willing to stand and fall; and it is an injury to them, to suggest the contrary.  
II. If these buildings were public Nuisances, any person might justify to abate them: neither could any Landlords of them, have any remedies for their rents or covenants, which were a thing unreasonable to imagine, and Contrary to all practice and experience.  
III. Th●● is no malum prohibitum, for the first, Statute Law, which restrains any Buildings, is the 31 Eliz. cap. 7. concerning Cottages, made only to prevent poor Cottages in the Country, the usual receptacles of idle, and beggary people: But lest other Houses within Cities, or ancient Burroughs, etc. should by a strained construction be brought within the compass of that Law; there is an express Proviso to exempt them; and so it was lately declared by the Lord Chief Justice Hales, upon a Trial before him in the case of one Partridge, for a House built near Hyde-park, within the City and Liberty of Westminster; for without an Act of Parliament, Cottages could not have been restrained, neither was this a retrospective Law, Co. 3d. Instit. f. 204.  
iv The next prohibitory Law was the 35 of Eliz. cap. 6. which Law restrained only the erecting of small Houses, in and within three Miles of London, as fit only to receive poor People, and Vagrants; and not any Buildings for the enlargement of any House, or necessary for the Conveniency, or Pleasure of the Inhabitants; nor the Erection of any Houses, fit for the Habitation of such, who were or might be Subsidy-men; for, it would be very strange, if Noblemen and Gentlemen might not Build Houses for their Habitations, which are Ornaments to the place, as the Square in St. Jame's-Fields, Southampton-Buildings, and other places, built by Virtue of His Majesty's Letters Patents, and the Express Contrivance of his Officers. And it would be very hard, if the Able and Wealthy Trades men, might not erect Houses for their Trades and Accommodations; and who so considers aright, will find the i● increase of Buildings in the Outparts of the City, to depend upon various Circumstances; as the increase of Trade, the great and constant Concourse of the Nobility and Gentry to the Parliament, the Burning of London, His Majesty's Proclamations to invite Foreigners, and other secret Causes: But this Act of the 35th. of Eliz. had not Retrospection, and was only Temporary, and being thought inconvenient, was not continued; and served only to give a colour for some Proceed against Newbuildings, by such who did not well observe the Expiration of it;- which was the Restitution of the Common-Law, the best Rule for the Determinaton of all Offences, and all Men's Rights and Properties, Co. 3d. Instit. 204.  
V After the Expiration of this Law, there were Proclamations against some sort of Buildings, in and about London; but never any general Prohibition or Retrospection in them; but these Proclamations being complaned against, as an Invasion upon the Common Law, and the Rights of the Subjects, the matter was referred about the Eighth of King James, to the then two Chief Justices, and others; and upon mature consideration thereof, and upon Conference with the Lords of the Privy Council; it was agreed, That the King by His Proclamation could not make that an Offence, which was not so before; nor altar any part of the Common Law, and they agreed the Rule before mentioned, Vbi est nulla lex, ibi est nulla transgressio; which seems to be a full Resolution, that New Buildings in or about London, was no Offence, Co. 12. Rep. f. 74,  
VI In the Year Fifty six, in the time of the Usurper Oliver, there was an Imposition of a Years value laid upon all Buildings, upon New Foundations, within ten Miles of the Walls of London: But what great difficulty there was in raising that Money, (though the Act was carefully Penned) How many infinite perplexed Cases did arise, what great clamour it occasioned by the ruin of many particular persons, what time it required before the several and respective interests were adjusted, how little Money it brought in (though it had a retrospection of Thirty six Years, and an extent of ten Miles every way from the Walls of London; and how long time that little Money was a raising, and what immediately followed upon that imposition, is very well known.  
VII. Since His Majesty's Restauration, there was an Act made by this Parliament in the Thirteenth and Fourteenth of His Majesty's Reign, which prohibits all Timber, and other irregular Buildings in and about London, with a punishment upon the Offenders, which by an easy Implication seems to give a Toleration to others: But what is more observable, is, that immediately after the Burning of London, when their members brought in a Bill for the Re-building the said City, with an enacting clause to restrain other Builders in and about the Suburbs, but for five or seven years; it is well known that the clause was rejected, as a thing prejudicial to men's properties; and though other applications of that kind have been made to the Parliament, they have still been without effect: So that these Buildings seem rather encouraged even by this Parliament, than otherwise.  
VIII. It is apparent, That such an Imposition would be against all Parliamentary proceed, for, there nothing is more Consonant to right Reason and natural Equity, than that public Charges should be born by public Contributions, according to the Universal Rule, Communia pericula requirunt Communia auxilia, and not to be imposed upon particular persons, to the ruin of some few, and little advantage to the whole. Co. 4. Instit. f. 28.  
IX. Such new invented impositions have always occasioned great discontentments and disturbance, and caused inbred hatred and malice, whereas the usual Taxes which include all, (though heavy) are born with great peace and quietness, Co. 4. Instit. f. 28.  
X. It is the Law of Parliament, that Taxes should be out of the sparable parts of men's estates, and it will be a dangerous precedent, to alter such a fundamental Costitution, by suffering innovations, in Taxing a few persons to half a years value so their reveneves, which will be the infallible Ruin of many Persons, Widows and Orphans; and the Consequence of it, will be terrible to all people, who will always remain under an apprehension, that hereafter a particular Tax, may be imposed upon them, that others may be spared; and that without the transgression of any Law.  
XI. To impose any Fine upon them, is Derogatory to many of his Majesty's Grants; by virtue of which, (as hath been said) most of the Builders have been encouraged, and many of them built upon the King's inheritance, whereby great improvements do, and may accrue to the Crown: and it would be very strange, that improvements upon the King's Land, should be a Crime.  
Lastly. Whereas it is Surmised, that the Builders and Owners of such Buildings have made great advantage by them; the contrary to which, may easily appear by their great poverty: Many of them being now in a Jail: Others of them being poor Seamen, Watermen, Weavers, Labourers, &c and such Tradesmen, who being burnt out of London, and not able to build there, were forced to build in the Suburbs, and have thereby exhausted their estates; and the inhabitants of Middlesex, within the weekly bills of Mortality, have had very great sums of money monthly imposed upon them, by this very Parliament, for and in respect of new buildings. And admitting, it were true, that some Builders have made great benefit by these Buildings, yet it cannot be imagined, that such who have purchased the same upon valuable considerations, can have made any advantages thereby. And further, it is almost impossible, to apprehend what great difficulties, and perplexities will arise upon the apportionment of such a Tax, what great delay and trouble there will be in the discovery of what Buildings are upon new Foundations, what not; what great inequality and partiality there will be in ascertaining the several and respective Interests; what Injustice it shall be to all Purchacers, who have made their Purchases according to the known Laws; what perpetual dissension it will breed betwixt Landlord and Tenant, Father and Son, where any Settlement of Marriages have been made. In short, it may serve to enrich a few Commissioners, Registers, Clerks, Surveyors, and such like Officers, by the Impoverishing of others: But it can never bring any considerable sum to the Public; and the best means for the discovery thereof, will be to have recourse to the proceed upon the Tax imposed 1656.