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 c. And there continued by several Prorogations to the Thirteenth day of October 1675. 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. CVM PRIVILEGIO Anno XXVII Caroli II. Regis An Act for the better and more easie 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 hindring 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 Iudges of Assize for the County of Northampton and other the Iustices of the Courts of Kings Bench and Common Pleas and the Barons of the Coif of the Exchequer for the time being the Iustices 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 Lovell 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 proceedings 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 Vnder 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 Incumbrance 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 then Arrears of Rent onely 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 Politique or Corporate interested in the Premisses 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 Iudges of Assize for the County of Northampton and other the Iustices of the Courts of Kings Bench and Common Pleas and the Barons of the Coif of the Exchequer for the time being the Iustices 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 Lovell 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 surrendring increasing abridging ceasing determining or charging of any Estates in the Premisses or to order new or longer Estates to be made of any of the Premisses 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 Non-sanity of memory Estate-Tayl or in right of Church or otherwise And that Infants Femes-covert Ideots 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 Politique 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 Publique use in the said Town for the better use and conveniency
That where any such Order or Decree as aforesaid shall be made by a lesser number of the said Iudges Iustices of Peace and other the persons above named and authorized then Seven It shall be lawful for any person agrieved by such Order or Decree to present his exceptions to the same in writing within Twenty dayes next after such Order or Decree made to one of the Iudges of Assize for the said County of Northampton for the time being or other the Iustices of the Courts of Kings 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 then it shall be lawful to or for any Seven or more of the Iudges of Assize Iustices 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 inlarge diminish or otherwise alter any such Order or Decree as in their Iudgments 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 rendring the overplus if any be Provided always That such Appeals be fully finished and determined within the space of Six moneths 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 Iudgment 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 Ideots persons of Non-saue 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 Politique whatsoever and that no Writ of Errour or Certiorari shall be for the removal or reversal of the same And for the perpetuating the same to all posterity that the said Iudgments Orders and Decrees shall be fairly entred 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 Iustices 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 Publique Sessions thereof And that all other persons who from time to time shall be Iustices 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 Publique 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 past 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 Iustices 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 Trustees for payment of his Debts LONDON Printed by the Assigns of John Bill and Christopher Barker Printers to the Kings Most Excellent Majesty 1675.
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 Non-age Coverture especial Entail or other impediment cannot accept thereof That in such cases the said Court are hereby impowered to Impannel Summon a Iury before them which Iury upon their Oaths to be Administred by the said Court are to Assess such Damage and Recompence 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 Iudgments 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 Iury before them which Iury upon their Oathes to be administred by the said Court are to assess such Damage Recompence 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 Soyl of any person or persons Bodies Politique or Corporate or others otherwise then to inlarge the passages at the corners and places herein after mentioned and to take away the Houses herein after expressed that is to say To inlarge 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 inlarge all the Street or passage between the North side of All Saints 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 Mercers Row and the Row of Buildings lying on the North side of the said Market Hill and to inlarge the North Corner of the Passage between the Market-place and the Street called Abington Street and to inlarge the Passage which went about the middle of the East side of the Drapery Street into the Market-place 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 Soyl 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 Iury before them which Iury upon their Oathes to be administred by the said Court are to assess such recompence and satisfaction as they shall think fit to be awarded and payed unto the person or persons making default in rebuilding for the said Houses to be rebuilt and for the Soyl 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 recompence 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 Soyl 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 Out-houses 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 Publique 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 publique Nusances and be proceeded against and dealt with accordingly And be it also Enacted by the Authority aforesaid