The 1667 Rebuilding Act

 

An Act for erecting a Judicature for Determination of Differences touching Houses burned or demolished in the late Fire which happened in London. (18-19 Chas II, 7).

Whereas the greatest part of the houses in the City and some of the suburbs thereof have been burnt by the dreadful and dismal Fire, many of the tenants, undertenants or late occupiers whereof are liable unto suits and actions to compel them to repair and rebuild the same and to pay their rents as if the same had not been burned, and are not relievable therein in any course of law, and great differences are like to arise concerning the said repairs and new building and payment of rents, which, if they should not be determined with all speed and without charge, would much obstruct the rebuilding of the City. And for that it is just that everyone concerned should bear a proportionable share of the loss according to their several interests, since no general rule can be prescribed, be it therefore enacted that the Justice of the Courts of the Kings Bench and Common Pleas and the Barons of the Coife in the Exchequer or any three or more of them sitting at the same time and place are hereby authorised to hear and determine all differences and demands whatsoever which have arisen or may arise.

1) between landlords, proprietors, tenants, lessees, undertenants or late occupiers of any of the said buildings with their appurtenances or
2) any person having or claiming any estate, right, title or interest in the same, or
3) any other persons concerning the repairing, building or rebuilding of the said houses or any other grounds lying within that part of the City lately ruined by reason of the said Fire, or
4) concerning the payment or abatement of any rent other than the arrears of rent due before the Fire (the Judges) shall and may upon the verdict of the jurors, testimony of witnesses upon oath, examination of interested parties, according to their discretions proceed to the hearing and determining of the demands and differences between the said parties and there shall be no appeal or review for the removal or reversal of the same.

II  (The Judges) shall have authority to order

1) the surrender, increase, abridging, ceasing, determining or changing of any estate;
2) new or longer leases not exceeding 40 years at such rents or fines as they shall think fit.

III  And for the better enabling (the Judges) shall issue notes and warrants warning the person or persons therein named and concerned in the said complaint to appear before them.

IV  The judgements and determinations which shall be made betwixt party and party by authority of this Act shall be recorded in a book or books which shall be placed in the custody of the Lord Mayor and Alderman of the City unto which all persons concerned shall or may view.

V  (The judges) are hereby enabled to order a table of such reasonable fees to be made.

An Act for the Rebuilding of the City of London (18-19 Chas II, 8)

For as much as the City of London by reason of a most dreadful fire was for the most part thereof burnt down and now lies buried in its own ruins, for the speedy restoration whereof and for the better regulation, uniformity and gracefulness of such new buildings as shall be erected, and to the end that great and outrageous fires may be reasonably prevented and that all encouragement and expedition may be given and all impediments and obstructions removed, be it therefore enacted that the rules and directions hereafter in this Act prescribed be duly observed by all persons therein concerned.

    First, that no building for habitation be hereafter erected within the City unless it conforms to the rules and orders of building prescribed in this present Act, (otherwise) the builder thereof shall be committed to the common gaol till he have abated or demolished the same.

II  That irregular buildings may be better prevented, the City shall erect one or more discreet and intelligent person or persons knowledgeable in the art of building to see the said rules well and truly observed.

III  There shall be only four sorts of building: first and least sort fronting by-lanes, second sort fronting streets and lanes of note, the third sort fronting high and principal streets. The roofs of each shall be uniform. The fourth and largest sort of mansion houses for citizens or other persons of extraordinary quality not fronting the three former ways.

IV  The Lord Mayor shall on or before the 1st April 1667 declare which and how many streets shall hereafter be deemed by-lanes, streets or lanes of note, or high and principal streets. All the said streets intended to be rebuilt shall be marked and staked out (so that ) the breadth, length and extent thereof shall be better known and observed. (The penalty for moving or removing these stakes was three months imprisonment or £10, or, if the offence was committed by a person of low and mean condition, that he shall be openly whipped till his body be bloody).

V  That all the outsides of buildings be henceforth made of brick or stone.

VI  Party walls to be set out equally on each builder’s ground: to be built up by the first beginner of such building, and convenient toothing to be left in the front wall for the better joining of the next house.

VII-IX  Proportions of first, second and third sort of houses specified. (see Table below)

Table showing proportions of the new sorts of buildings

Sort of Building

Storey

Height of Storey

Thickness of Front & Rear Walls

Thickness of Walls between Houses

First

Cellar

6ft 6ins

2 bricks

1 ½ bricks

 

1st

9ft

1 ½ bricks

1 ½ bricks

 

2nd

9ft

1 ½ bricks

1 ½ bricks

 

Garret

 

1 brick

1 brick

Second

Cellar

6ft 6ins

2 ½ bricks

2 bricks

 

1st

10ft

2 bricks

1 ½ bricks

 

2nd

10ft

2 bricks

1 ½ bricks

 

3rd

9ft

1 ½ bricks

1 ½ bricks

 

Garret

 

 

 

Third

1st

10ft

2 ½ bricks

2 bricks

 

2nd

10ft 6ins

1 ½ bricks

1 ½ bricks

 

3rd

9ft

1 ½ bricks

1 ½ bricks

 

4th

8ft 6ins

1 ½ bricks

1 ½ bricks

 

Garret

 

1 brick

1 brick

The fourth sort of building being mansion houses of the greatest bigness shall bear the same scantlings as in the Table, the number of stories and height thereof left to the discretion of the builder, so long as he exceed not four stories.

XI-XII  In front of all houses erected in high streets, balconies 4 foot broad with rails and bars of iron shall be placed and water falling from the top of the said houses be conveyed into channels by pipes on the sides and fronts of houses. No jetties, windows or anything of the like sort shall be made to extend beyond the ancient foundation line of any house, save for the stall boards when their shop windows are set open.

XIII  If any person with any ground which was formally builded upon, the houses thereupon being burned or pulled down, shall not within three years build up the same, then the Mayor shall give notice to cause the same to be rebuilt within the nine months next following. And if the owners shall refuse or neglect to rebuild after inquiry and valuation thereof, it shall be lawful for the Mayor to make sale of the property.

XIV-XV  And to the end that the said builders may receive due encouragement by having the materials for building at reasonable prices and getting of workmen for moderate wages, two judges of the Kings Bench may set the prices of bricks, tiles and mortar etc.

XVI  That all carpenters, bricklayers, masons, plasterers, joiners and other artificers, workmen and labourers employed in the buildings who are not freemen of the City shall for the space of seven years (i.e. until 1674) or until all the said buildings shall be fully furnished, have the same liberty as Freemen of the City.

XVII  Differences arising between builders or any others concerning the stopping up of lights, windows, watercourses, gutters etc may be heard by the Alderman of the ward.

XVIII  The number and places for all common sewers, drains and vaults and the manner of paving and pitching the streets and lanes shall be designed and set out by persons appointed to the Mayor.

XIX  Trades and occupations judged noisome or perilous in respect of fire may be prohibited in the high and principal streets.

XX  Conduits now standing in the high streets may be removed and erected in other public places.

XXI  The Mayor empowered and required to enlarge Fleet Street, the south from east end of St Paul’s into Cheapside, that from Cheapside into Poultry to the west end of Cornhill, Blowbladder Street, Newgate Steet where the shambles lately stood, Ave Maria Lane, that from St Marin’s Le Grande to Blowbladder Steeet, from St Magnus Church to Gracechurch Street, the north end of Gracechurch Steet, Thames Street, Old Fish Street.

XXII  Mayor shall enlarge any other street or narrow passage less than 14 feet in breadth.

XXIII-XXV Compensation payable to those who lost ground through such street widening schemes.

XXVI  The 2nd September be yearly for ever after observed as a day of public fasting and humiliation within the City and Liberties thereof to implore the mercies of Almighty God upon the said City to divert the like calamity for the time to come.

XXVII  The better to preserve the memory of this dreadful visitation, a column or pillar be erected on or as near unto the place where the said Fire so unhappily began, as conveniently be made in perpetual remembrance thereof.

XXVIII  That all traders of money formerly made at the late Royal Exchange now be made at Gresham House.

XXVIX-XXXI  That the parish churches to be rebuilt within the said City of London in lieu of those which were demolished by the late Fire shall not exceed the number of 39.

XXXII-XXXIII That for the prevention of inundations and for the easiness of ascent, Thames Street and all the ground between it an the River Thames shall be raised at the least by 3 foot above the surface of the ground as now it lieth, and no buildings shall be built within a distance of 40 feet from the Thames from the Tower to Temple Stairs, nor any house to be built within 40 foot of the middle of the River Fleet from the Thames to Clerkenwell on either side before the 24th March 1668.

XXXIV-XXXVIII  To enable the Mayor to perform and accomplish the work in this Act mentioned, that for all coals brought into London to be sold by the chaldrun or tun, there shall be paid by way of imposition thereupon 12 pence for every tun paid unto the Mayor. Every such sum which shall be raised thus shall in the first place be applied for the satisfaction of such persons whose grounds be taken for the enlarging of the streets and for the making of  wharves and quays on the North side of the Thames, on each side of the sewer called Fleet ditch and also for the building of prisons in the City.
  There shall be kept in the Chamber of London books in which all monies thereupon received shall be set down.

XXXIX  Provisions for rebuilding in timber the waterhouse at London Bridge.

XL  The Mayor to open and enlarge several streets leading down to the Thames for the conveniencing of trade and better passage of carts.

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