Authors, English -- Early modern, 1500-1700 -- Biography; Marvell, Andrew, 1621-1678
After this recital it was enacted that the judges of the King's Bench
and Common Pleas and the Barons of the Exchequer, or any three or more
of them, should form a Court of Record to hear and determine every
possible dispute or difference arising out of the great fire, whether
relating to liability to repair, and rebuild, or to pay rent, or for
arrears of rent (other than arrears which had accrued due before the 1st
of September) or otherwise howsoever. The proceedings were to be by
summary process, _sine forma et figura judicii_ and without court fees.
The judges were to be bound by no rules either of law or equity, and
might call for what evidence they chose, including that of the
interested parties, and try the case as it best could be tried. Their
orders were to be final and not (save in a single excepted case) subject
to any appeal. All persons in remainder and reversion were to be bound
by these orders, although infants, married women, idiots, beyond seas,
or under any other disability. A special power was given to order the
surrender of existing leases, and to grant new ones for terms not
exceeding forty years. The judges gave their services for nothing, and,
for once, released from all their own trammels, set to work to do
substantial justice between landlord and tenant, personalty and realty,
the life interest and the remainder, covenantor and covenantee, after a
fashion which excited the admiration and won the confidence of the whole
City. The ordinary suitor, still left exposed to the pitfalls of the
special pleader, the risks (owing to the exclusion of evidence) of a
non-suit and the costly cumbersomeness of the Court of Chancery, must
often have wished that the subject-matter of his litigation had perished
in the flames of the great fire.
This court sat in Clifford's Inn, and was usually presided over by Sir
Matthew Hale, whose skill both as an arithmetician and an architect
completed his fitness for so responsible a position. Within a year the
work was done.
The Act for rebuilding the City is an elaborate measure of more than
forty clauses, and aimed at securing "the regularity, safety,
conveniency and beauty" of the new London that was to be. The buildings
were classified according to their position and character, and had to
maintain a prescribed level of quality. The materials to be employed
were named. New streets were to be of certain widths, and so on. This is
the Act that contains the first Betterment Clause: "And forasmuch as the
Houses now remaining and to be rebuilt will receive more or less
advantage in the value of the rents by the liberty of air and free
recourse for trade," it was enacted that a jury might be sworn to
assess upon the owners and others interested of and in the said houses,
such sum or sums of money with respect of their several interests "in
consideration of such improvement and melioration as in reason and good
conscience they shall think fit."
Public-domain text, read in full here on John Shaqi.
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