Anno Regni CAROLI II. REGIS Angliae, Scotiae, Franciae & Hiberniae, Vicesimo septimo, At the Parliament begun at Westminster the Eighth day of May, Anno Dom. 1661. In the Thirteenth Year of the Reign of our most Gracious Sovereign Lord CHARLES, by the Grace of God, of England, Scotland France and Ireland King, Defender of the Faith, etc. And there continued by several Prorogations, to the Thirteenth day of October 1675. royal blazon or coat of arms C R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT LONDON, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty. 1675. CUM PRIVILEGIO. Anno XXVII Caroli II. Regis. An Act for the better and more easy Rebuilding the Town of Northampton. FOrasmuch as the greatest part of the Town of Northampton hath been burnt down by a sudden and dreadful Fire, which happened in September last, and divers Suits and Controversies by reason thereof, are likely to arise between the several Proprietors, and others claiming under them, tending (if not prevented) to the great vexation and damage of the Poor Inhabitants, and hindering the rebuilding the said Town: For remedy whereof, as also for the promoting the rebuilding of the said Town, Be it Enacted by the Kings most excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by the Authority of the same, That the judges of Assize for the County of Northampton, and other the justices of the Courts of King's Bench and Common Pleas, and the Barons of the Coif of the Exchequer for the time being, the justices of Peace for the said County for the time, being, and the Mayor of the Town of Northampton for the time being, and Sir John Holman Baronet, Sir Edmund Bray Knight, Thomas Willughby, James Stedman, Robert Hesslerige, Thomas Andrews, Thomas Ward, Charles Fleetwood, Daniel Danvers, Salathiel Lovel, and William Kimbold Esquires, or any five or more of them, sitting at the same time and place together at the Guild-hall, or some other place within the said Town of Northampton, shall be, and by authority aforesaid are made and constituted a Court of Record, and shall or may, with, or without Adjournment from time to time, summarily, and without the Formalities of proceed in Courts of Law or Equity, by verdict, testimony of witnesses upon Oath, examination of parties interested, or by all or any of the said ways, or otherwise at their discretions, shall, and are hereby authorized from time to time to hear, and to determine all Differences and Demands whatsoever, which have arisen, or may any wise arise between Landlords, Proprietors, Tenants, Lessees, Under Tenants, or late Occupiers of any the said Houses or Buildings with their Appurtenances, or their Courts, Yards or Grounds, or any person or persons having or claiming any Estate, Right, Title, Interest in Law or Equity, Charge or Encumbrance of or in the same, or their or any of their Heirs, Executors, Administrators, Successors or Assigns, or any other persons, for, touching or concerning the repairing, building or not building of the said Houses or Buildings, Yards, Courts and Grounds, or for or concerning the payment, defalcation, apportioning, or abatement of any Rent or Rents, other than Arrears of Rent only, due on or before the Nine and twentieth day of September, One thousand six hundred seventy and five, or for or touching any Covenant, Condition or Penalty relating thereunto, or for, touching or concerning the prefixing or limiting of any time for such Repairs, or new Building, or any Rate or Contribution to be born or paid thereunto by any person or persons, Bodies Politic or Corporate interested in the Premises, and all Incidents relating thereunto: And that the definitive Order of the said Court as aforesaid, shall be final, as well between the said parties, their Heirs, Executors, Administrators, Successors and Assigns, and all claiming by, from or under them, as touching the matter contained in such Orders, from which there shall be no Appeal or Review otherwise then as is hereafter expressed. And be it further Enacted by the Authority aforesaid, That the said judges of Assize for the County of Northampton, and other the justices of the Courts of King's Bench and Common Pleas, and the Barons of the Coif of the Exchequer for the time being, the justices of the Peace for the said County for the time being, and the Mayor of the Town of Northampton for the time being, and Sir John Holman Baronet, Sir Edmund Bray Knight, Thomas Willughby, James Stedman, Robert Hesslerige, Thomas Andrews, Thomas Ward, Charles Fleetwood, Daniel Danvers, Salathiel Lovel and William Kimbold Esquires, or any five or more of them, as aforesaid, shall have Authority, and are hereby Impowered where they shall think it convenient, to order the surrendering, increasing, abridging, ceasing, determining or charging of any Estates in the Premises, or to order new, or longer Estates to be made of any of the Premises, by the Proprietors or Owners thereof, or other persons interessed therein, to any Tenant or Sub-Tenant, or late Occupier of the same, their Executors, Administrators, Successors or Assigns, at such Rent or Fine as they shall think fit, unless in such Cases where the Laws of this Realm do forbid the diminishing of ancient and accustomable Rent; All which Orders, according to the tenors thereof, shall be obeyed by all persons concerned therein respectively, and shall conclude and bind them, their Heirs, Successors, Executors, Administrators and Assigns respectively, notwithstanding any disability in respect of Coverture, Infancy, Nonsanity of memory, Estate-Tayl, or in right of Church or otherwise: And that Infants, Femes-covert, Idiots, persons of non-sane memory, or beyond the Seas, Tenants in Tail, Bishops, Deans and Chapters, and other Ecclesiastical persons, and their Successors, Corporations, and all other person or persons, Bodies Natural and Politic, their Heirs and Successors, and their respective Interest, shall be bound and concluded by such respective Order or Orders, according to the tenor or purport thereof; Any Law, Statute or Custom, or other matter or thing to the contrary notwithstanding. And be it further Enacted by the Authority aforesaid, That the said Court shall have power and authority to make and appoint from time to time, such Rules and Directions in the Forms and Orders of Building, to be observed in the rebuilding of such Houses as were demolished by or by reason of the said late Fire, or any of them, and for other Buildings made or to be made since the said dreadful Fire, as they shall think fit and convenient for the better Security and Ornament of the said Town; And that the new Buildings of the said demolished Houses, and all such other Buildings, shall be pursuant to such Rules and Directions so given: And also that the said Court shall and may appoint and decree the enlargement or alteration of any of the Streets Lanes, Roads and Passages, and other places of Public use in the said Town, for the better use and conveniency thereof. And to the end that reasonable satisfaction may be given for all such Ground as shall be made use of, and employed to and for the uses aforesaid, the said Court shall and may treat and agree with the Owners and others interested therein; and if any person shall wilfully refuse to treat and agree as aforesaid, or through any disability by Nonage, Coverture, especial Entail or other impediment, cannot accept thereof, That in such cases the said Court are hereby impowered to Impannel & Summon a jury before them; which jury upon their Oaths (to be Administered by the said Court) are to Assess such Damage and Recompense as they shall judge fit to be awarded, to the Owners and others interested in the said Ground, for their respective Interests in the same; and upon payment of the said money so awarded or tendered, and refusal thereof, the Interest of all persons in the said Ground, shall be for ever bound, and the same shall for ever after remain to the uses aforesaid. And further, That the said Court for the better regulation of the new Building of the said demolished Houses, or any of them, shall by the authority of this Act, have power to order or appoint the alteration of the Foundations, or to take from one House and add to another, or to order or appoint such other alterations, as shall in their judgements be expedient for the better rebuilding of the said Town: And that the said Court shall and may award what sum of money shall be paid by the person who hath any benefit by such alteration, unto the person or persons who hath any loss or damage thereby, in satisfaction for the same. And in case the said person or persons will not, or through any such disability or other impediment as is before in this Act expressed, cannot accept thereof; in such Cases the said Court are hereby impowered to Impannel and Summon a jury before them, which jury upon their Oaths, to be administered by the said Court, are to assess such Damage & Recompense as they think fit to be awarded by the person who hath benefit by such alteration or addition, to the person or persons damnified, for his or their loss and damage thereby: And upon payment of the said money so awarded, or tender, and refusal thereof, the person or persons damnified shall be for ever barred, and the person having benefit thereby, his Heirs and Assigns, shall for ever after hold and enjoy that which shall be so appointed and assigned to him by the said Court, as aforesaid. Provided, That the said Rules and Directions do not extend to the taking away of the Ground or Soil of any person or persons, Bodies Politic or Corporate, or others, otherwise then to enlarge the passages at the corners and places herein after mentioned and to take away the Houses herein after expressed, that is to say, To enlarge the passage at the Corner which stands in the passage between the South Street and the Street called the Drapery, the Corner House there being late in the Tenure of Bartholomew Manning; and at the Corners which stand in the passage between the said Street called the Drapery, and the Street called the Sheep Market, on the North end of the said Street called the Drapery; and to enlarge all the Street or passage between the North side of All Saint's Church, and the Houses to be built over against it, and the Street or Passage on the South side of the said Church, and the Houses to be built over against it; and to take away all those Houses which stood between the Row of Buildings lying on the South side of the Market Hill, called the Mercer's Row, and the Row of Buildings lying on the North side of the said Market Hill; and to enlarge the North Corner of the Passage between the Marketplace and the Street called Abington; Street and to enlarge the Passage which went about the middle of the East side of the Drapery Street into the Marketplace. And further, in case the Proprietors or Owners of the Houses demolished by or by reason of the said Fire, or their Assigns, shall not within the space of Three years next ensuing after the said Fire, lay the Foundations of their Houses to be rebuilt, and shall not within the time to be limited by the said Court, rebuild and finish the same, That upon such default, the said Court shall have Power and Authority by their Order and Decree, to dispose of the said Houses so to be rebuilt, and of the Soil thereof, one of all Yards, Backsides, Orchards, Gardens, and other Appurtenances thereunto belonging, to such person as will rebuild the same, their Heirs and Assigns: And that the said Court shall and may award what sum of money or other satisfaction the person who undertakes to be the Rebuilder, shall give for the same, to the Proprietor or Proprietors, Owner or Owners making such default as aforesaid: And in case the said person or persons making default, will not, or through any such disability, or other impediment as is before in this Act expressed, cannot accept thereof, in such cases the said Court are hereby Impowered to Impannel and Summon a jury before them; which jury upon their Oaths (to be administered by the said Court) are to assess such recompense and satisfaction as they shall think fit to be awarded and paid unto the person or persons making default in rebuilding, for the said Houses to be rebuilt, and for the Soil thereof, and for the Yards, Backsides, Orchards, Gardens, and other Appurtenances thereunto belonging, by the person who undertakes to be the rebuilder: And upon payment of the said recompense and satisfaction to awarded, or tender and refusal thereof, the said person or persons making default in rebuilding, his Heirs and Assigns, and all others, shall be for ever barred; and the said Houses to be rebuilt, and the Soil, and other the Appurtenances thereof, so assigned by the said Court unto the Undertaker to rebuild the same, shall for ever after be and remain unto the said Rebuilder, his Heirs and Assigns for ever, in such manner as the said Court shall have assigned and appointed the same. And for the preventing of future danger by Fire, it is further Enacted by the Authority aforesaid, That all Houses, Outhouses, and other Buildings demolished by the late Fire, or hereafter to be built within the said Town, shall be covered with Lead, Slatt or Tyle, and not otherwise; and that no perilous Trade, in respect of Fire, shall hereafter be used or exercised in the principal Public parts or Streets of the said Town; and that all Houses and Buildings hereafter to be built, which shall be covered contrary to this present Act, and all Houses demolished by the said Fire, built contrary to the Form, Order and Direction of the said Court, shall be adjudged, and are hereby declared to be common and public Nuisances, and be proceeded against, and dealt with accordingly. And be it also Enacted by the Authority aforesaid, That where any such Order or Decree, as aforesaid, shall be made by a lesser number of the said judges, justices of Peace, and other the persons above named and authorized, than Seven, It shall be lawful for any person aggrieved by such Order or Decree, to present his exceptions to the same in writing, within Twenty days next after such Order or Decree made, to one of the judges of Assize for the said County of Northampton for the time being, or other the justices of the Courts of King's Bench or Common Pleas, or the Barons of the Coif of the Exchequer for the time being; and if one of them shall subscribe thereunto, that he finds probable Cause of Complaint, than it shall be lawful to or for any Seven, or more, of the judges of Assize, justices of the Peace, and other persons above named, (that made not the said Order or Decree) sitting at the same time together at the Guildhall, or some other place within the said Town of Northampton, to review the said former Order or Decree, and thereupon to reverse, confirm, enlarge, diminish, or otherwise alter any such Order or Decree, as in their judgements they shall think fit, or otherwise to award Costs against such Appeallants, for their vexation and delay, and to levy the same by distress and sale of his, her, or their Goods, rendering the overplus, if any be. Provided always, That such Appeals be fully finished and determined within the space of Six month's next following, after the delivering in of such Exceptions as aforesaid. And for the better satisfaction of Builders, Purchasers, and other concerned, It is further Enacted by the Authority aforesaid, That all and every judgement, Order and Decree so made as aforesaid, shall be good, valid and effectual both in Law and Equity to all intents and purposes, and shall be obeyed by all persons concerned therein, and shall bind and conclude Infants, Feme-Coverts, Idiots, persons of Non-save memory, or beyond the Sea, Tenants in Tail, Bishops, Deans and Chapters, and all other Ecclesiastical persons and Corporations, and their Successors, and all other persons, Bodies Natural and Politic whatsoever, and that no Writ of Error or Certiorari shall be for the removal or reversal of the same. And for the perpetuating the same to all posterity, that the said judgements, Orders and Decrees shall be fairly entered into one or more Books, and be subscribed with the names of the persons that made the same, and that the said Books be delivered in unto the Mayor and Aldermen of the said Town of Northampton for the time being, to the end the same may be safely disposed and kept in the Chamber of the said Town for ever, amongst their Records and Evidences, and that all persons concerned may have free liberty of recourse unto the said Books, to peruse the same from time to time, as occasion shall require. The Powers and Authorities given and mentioned in this Act, to continue for the space of Ten years, and no longer. And for the better encouragement of Gentlemen and others to build and reside in the said Town, Be it Enacted by Authority aforesaid, That the justices of the Peace for the County of Northampton from time to time being, who shall be Inhabitants within the said Town, may for ever hereafter use and exercise their said Office to all intents and purposes, within the said Town and Liberties thereof, and in the Sessions of the said Town to be held, as they may or can do in the said County at large, or in the Public Sessions thereof: And that all other persons who from time to time shall be justices of the Peace for the said County, shall for ever hereafter use and exercise the said Office within the said Town and Liberties thereof, during the time in which the Assizes and Public Sessions of the Peace for the said County shall be there kept: And that all and every such persons as are not free of the said Town, and shall build any House or Houses in the said Town, to the value of Three hundred pounds, or upwards (within Seven years) from the Twentieth day of September last passed, by and according to the Order of the said Court, such persons shall have liberty to exercise any Trade within the said Town, as any Freeman of the said Town may do. Provided always, and it is hereby Enacted, That all and every person and persons, before they execute any of the Powers or Authorities in the said Act mentioned, shall take this Oath following, before any Two justices of Peace of the said County of Northhampton for the time being, which they are hereby impowered to Administer: That is to say, I Do hereby Swear, That I will justly and truly Execute the Powers and Authorities in this Act contained, according to the best of my knowledge, without favour or affection to any of the Parties concerned: So help me God. And lastly it is Enacted, That if any person or persons shall be Sued or Impleaded for any matter or thing done in the Execution of this Act, or in pursuance thereof, he or they may plead the General Issue, and give the special matter in Evidence; and if the Plaintiff shall be Nonsuit, or a Verdict do pass against him, such Defendant shall have and recover his double Cost. Private Acts. I. AN Act for the better Enabling of Mary Countess Dowager of Warwick, to perform the last Will and Testament of her deceased Husband, Charles late Earl of Warwick. II. An Act for vesting Lands of Alexander Davyes Gentleman deceased, in trusties, for payment of his Debts. LONDON, Printed by the Assigns of John Bill and Christopher Barker, Printers to the Kings Most Excellent Majesty. 1675.