A DECREE OF Starre-Chamber: Concerning Inmates, and diuided Tenements, in London or three miles about:
Made the fourteenth of February last past. 1636.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Maiesty: And by the Assignes of Iohn Bill. 1636.
THis day was produced in Court a Decree drawne and penned, by the aduice of the Right Honourable the Lord Keeper the Lord Priuy Seale, the two Lords chiefe Iustices, the Lord chiefe Baron, and the rest of the Judges of His MAIESTIES Courts of Kings Bench, Common Pleas, and Court of Exchequer, touching Jnmates, and diuided Tenements, and the same being read in Court, and well liked [Page]of by all the Honourable presence there sitting, the said Decree was directed and ordered to be here recorded: and to the end the same may be publike, and that euery one whom it may concerne may take notice thereof; The Court hath now also ordered, that the said Decree shall be speedily Printed, and that the same he sent to His MAIESTIES Printer for that purpose.
WHereas by a Decree made in this Honourable Court, the twentieth day of October, in the fourtieth yeare of the Reigne of our late Souereigne Lady Queene ELIZABETH, vpon the information of Her Maiesties then Attourney general, against Rice [Page 2]Griffith, and Iohn Scrips, (who contrary to the Proclamation published and set out the seuenth day of Iuly, in the two and twentieth yeare of Her Maiesties Reigne, had erected and built Tenements, and diuided them into seuerall Roomes, wherein diuers poore Tenants dwelt, that liued and were maintained by the reliefe of the Parish, and begged abroad in other place) the said offenders were sentenced. And as for the pulling down or reforming of any House new built or diuided contrary to the said Proclamation within the Citie of London, [Page]or the compasse of three miles thereof, (in which any poore or impotent persons then did, or thereafter should dwell or abide) for that if the same houses should bee pulled downe, destroyed or reformed, other habitations must bee prouided for them at the charge of the Parishes where they were or should be dwelling; The Court did thinke fit to forbeare and respite the doing therof, but did order and adiudge, that all and euery such poore and impotent persons, which did or should dwell and inhabite in any new buildings or diuided tenements, erected and diuided contrary [Page]to the effect and intent of her Highnes said Proclamation, and were or should in any wise be driuen to liue by begging, or to bee releeued by almes within the Citie of London, or any other place within the compasse of three miles thereof, should, and might, during the time of his or their life or liues, abide and dwell in the same, without giuing or paying any manner of rent, service, or other recompence vnto the Landlords or any other, for, or in respect of the same, and not bee thence remooued, vnlesse they should after become able to liue of themselues; and that the [Page]said Landlord, Owner, or any other that claimed interest, to, or for any rent or rents, growing, arising, or payable for any of the said new buildings, or diuided Tenements so inhabited, or to be inhabited with poore people as aforesaid, should be enioyned, and vpon that sentence and Decree take sufficient notice and warning, that he or they should not implead, incumber, disquiet, or molest any of the said poore Tenants, for any Rents, Couenants, Conditions, Promises, or Agreements, touching, or in any wise concerning the said Tenements, new buildings, or any of [Page]them, for the leuying, or recouering of any rent, seruice, or other consideration in liew of any rent.
And for that the new buildings and diuisions of sundry houses within the Citie of London and three miles compasse thereof, contrary to the tenour of the said Proclamation, had beene, and was occasion of great charges vnto the Parishes of the said Citie and Precinct aforesaid, whereby the said Parishes were still ouermuch burdened with poore and impotent perfons; It was therefore ordered and decreed, that all such Landlords, [Page]or Owners of such buildings or diuisions, wheresoeuer they should dwell, should contribute and giue such like ratable and reasonable allowance with the said Parishioners, where such buildings and diuisions were, towards the finding and maintaining of the poore of the Parish, in which such buildings were, or should bee erected or diuided, contrary to the said Proclamation, as should bee apportioned and allotted him of them to pay, if hee or they were dwelling in the said parish.
And it was further ordered and decreed, that after the death [Page]or departure of such poore people, as did, or should inhabit the same houses or diuided Tenements aforesaid, the houses thereby being become voide; Then the Lord Maior, and Iustices of Peace neere unto the Citie adioyning, thereby were commanded to reform the said diuided Tenements, and to prostrate, pull downe, and deface the said new buildings in such sort as the same should be no more fit for habitation, and the timber and wood thereof to be conuerted and disposed in such manner, as by the said Proclamation is required, as also to take order in all other the [Page]premises, That the said Decree should bee duely obserued and kept, and if any should be obstinate, then to binde such Landlords as should obstinately and wilfully disobey the said Decree, to appeare in this Honourable Court, to answer their contempt therein.
And whereas the nine and twentieth of Nouember, in the seuenth yeare of the Reigne of King IAMES of blessed memorie, this honourable Court did decree and order; That the said Decree taken the twentieth day of October in the said fourtieth yeare of the said late Queene, [Page]should be presently, and from time to time thereafter more seuerely looked into, and put inexecution; And his Maiesties learned Counsel, and also the Lord Maior and Aldermen of London, together with all Iustices of Peace, and other his Maiesties Officers whatsoeuer, which the same may any way concerne, were straitly charged and required, that they, and euery of them, should from time to time thereafter diligently and strictly cause, and see the said Decree to be in all points duely obserued and put in execution, and termely to make certificate to [Page]this honourable Court of their proceedings therein, and of such persons as they should finde to offend in that behalfe, whereupon on this Court did purpose to proceed against them for their contempts with very seuere punishment. Since which time sundry other Proclamations, as well in the time of the said late King IAMES, as of His Maiestie that now is, haue been published and set out against the said offences, and many exemplarie sentences in this honourable Court haue been pronounced against offenders in that behalfe, and many houses and [Page]buildings erected against the said Proclamation haue beene demolished and pulled down. And yet neuerthelesse, such hath been the disobedience and contempt of great multitudes, aiming onely at their own gain, whatsoeuer perill or inconuenience might happen to the Publique, that the new buildings and diuiding of Tenements haue dayly more and more increased, and such numbers of poore dissolute and lewd persons are therin harboured, that in many parishes within the limits and precincts aforesaid, there are farre more housholds and families [Page]that liue by begging, and other vnlawfull wayes, and by reliefe and almes of the parish, then are in the same parish to liue by their own meanes and vocation; So as the burthen is growen so heauy to many of the said parishes, that the wealthy are not able to relieue the poore in time of health, much lesse in time of sicknesse or Infection, as hath appeared in the late visitation of the plague, wherein such multitudes of those poore & miserable housholds haue beene infected, and their necessities growne to that extremity, that the officers of the parish haue not been able to [Page]keepe them within their houses, but the sicke and infected haue gone among the whole, and great swarmes of indigent and poore people, and many of them infected with the sicknesse, haue, maugre all authoritie and command of the officers, flocked in troupes in the principall streets of the citie and suburbs of London, whereby the Infection of the plague hath been much the more dispersed, not only in the said citie and places adiacent; but into many other parts of the kingdome: Besides, it is apparantly found out, that those multitudes of new buildings and diuided [Page]Tenements, doe draw into the said citie, and parts adioyning, from all parts of the kingdome, great numbers (idle, loose and dissolute persons) who are harboured in those obscure and meane houses, and hauing no lawfull trade or vocation, doe begge, and also commit Pilferies, Cosenages, and infinite disorders to enable them to pay their Landlords rents: And many of the Owners and Landlords or such Tenements, of purpose for raising of excessiue rents to themselues out of their houses and Tenements, doe let, and parcell them out to such idle, loose, [Page] and ill disposed persons, though they know them to bee of that condition, in regard they will give greater rents then a poore labouring man is able to doe and vse all shifts and vnlawfull meanes to pay it. All which enormities and many more, hauing, vpon Suruey lately taken, more euidently appeared then in former time.
This Court for reformation thereof, doth now againe order and decree, that the said seuerall Decrees made in the fortieth yeere of the said late Queene ELIZABETH, and the seauenth yeare of the said late King [Page] IAMES, with such additions and alterations as hereafter ensue, be seuerely and strictly executed. And forasmuch as it appeareth not onely by the said Decrees, but by the generall resolution of all the Reuerend Iudges of the Realme (whom His Maiestie out of His great care of the Publique, hath lately commanded to assemble) that the erecting of new buildings within the limits before mentioned, and the diuiding of greater houses into pety tenements and habitations, and pestering and filling the same with Inmates, or with Inhabitants of such euill [Page]condition as aforesaid, is a most vnsufferable annoyance against the Publique, and consequently is against the Common law of the Realme; And that not only the said euill conditioned Inhabitants, but such by whom, or by whose meanes they are placed there, or who receiue the rents of such Inhabitants, are guiltie of a Common Nusance; and also that such Landlords or Owners of such houses or tenements, which haue or do receiue the rents of such poore Inhabitants, may by law be taxed towards the reliefe of the poore of the said Parish, though [Page]they dwell out of the parish. This Court holdeth it meet, that since the offendors haue not taken warning by two such solemne Decrees made in this Court, they should now be proceeded against with more rigor and seuerity, and not bee suffered any longer to make vnreasonable gain and profit to themselues by so great a wrong and generall grieuance. And therefore this Court doth order and decree, aswell in execution of the said former Decrees, and pursuance of the said resolution of the Iudges, that where any houses formerly built within the limits [Page]aforesaid haue been diuided into seuerall habitations or dwellings, within the space of seuen yeares now last past, contrary to any former Proclamation or Decree in that behalfe, the same within the space of one yeare next ensuing shall be restored into their former estate, so as there shall be no more habitations or dwellings then were before the said diuisions. And that all and euery person and persons estated or interessed in the same, either of inheritance or of any lesser estate, shall before the Feast of the Ascension of our Lord now next ensuing, vpon order or [Page]command of the Lord Maior, or some Iustice of peace of the Citie of London, or of the Alderman of the Ward, or his Deputie, (if the said Tenements be within the said City or the liberties thereof) or of some Iustice of peace neere to the place (if the said houses be out of the liberties of the Citie) enter into bond of a competent penalty, to obserue and performe this order in that behalfe; the said Bond to be taken in the names of some honest and sufficient persons of the parish where such Tenements are, to the vse of the said parish.
And it is further ordered and [Page]decreed, that where any houses, within the limits aforesaid, haue been erected or built within the said space of seven yeares, or being formerly erected or built, haue within the said space of seuen yeares beene diuided, and are imployed for the habitation of indigent and poore people, chargeable to the Parish wherin the said houses are, that in every such Case, all and every person and persons estated, or interessed in the said houses or Tenements of estate of inheritance, or any lesser estate, and which haue receiued the rents, issues, and profits thereof, of, and from [Page]such poore Inhabitants, shall by vertue of this Order and Decree, be bound each of them respectiuely for their time, to restore and repay to the Ouerseers of the poore of the Parish, wherein the said houses be, all such summes of money as haue beene disbursed by the Parish, for the reliefe of the Inhabitants in the said houses in sicknesse or health, or for any other charge, wherewith such Parishes haue been burthened, since the feast of Pentecost last past, by reason of such Inhabitants; And shall also before the feast of the Ascension of our Lord now next ensuing, [Page]vpon order or command of the Lord Maior or some Iustice of Peace of the Citie, or the Alderman of the ward, or his Deputie (if the Tenements bee within the Citie, or Liberties thereof) or of some Iustice of Peace neere the place (if the said houses bee out of the Liberties of the Citie) enter into bond of a competent penaltie, to bee taken in the name of some honest and sufficient men of the parish, where such Tenements bee, to the vse of the said parish; to saue and keepe harmelesse the parishes wherein the said houses be, for, & during such their seuerall [Page]estates or interests, respectiuely, from all charges and expences, any way touching or concerning the maintaining, keeping, of releeuing of the Inhabitants, which by, or vnder them, or any of them haue beene, of shall be placed in the said houses, habitations, or dwellings.
And that where any Inmates within the said space of seuen yeares last past haue beene placed in any houses or tenements, within the limits aforesaid, and are there continued, the same Inmates within the space of one yeare next ensuing, shall be remooued by the persons interessed [Page]and estated in the said houses or Tenements, hauing power by reason of their estates, to remooue them so, as by the end of one yeare now next ensuing, there shall be no more families then one abiding in any of the said houses.
And that all and euery such person and persons, as are, or shall be estated, or interessed in the said houses, as aforesaid, and to whom the rents, issues, or profits of the said houses, are, or shall be payable, or answerable, shall vpon order or command of the Lord Maior, or some Iustice of Peace of the Citie, or the Alderman [Page]of the ward, or his Deputie (if the said Tenements bee within the Citie of London, or Liberties thereof) or of some Iustice of Peace neere the place (if the said houses be out of the Liberties) enter into bond of a competent penaltie (with sufficient sureties, if it shall be required) to performe this part of this present Order and Decree; such bond to bee taken in the name of some honest person or persons for the vse of the parish.
And it is further ordered and decreed, that all such persons, as are, or shall be estated, or interessed in any houses diuided [Page]aboue seuen yeares last past, Contrary to any Proclamation or Decree of this Honourable Court in that behalfe, of an estate of inheritance, or any lesser estate, which haue receiued, or hereafter shall receiue the rents, or profits thereof from the inhabitants, shall at their perill take a course, if they haue power by reason of their estates so to doe, that the same houses bee restored to their former condition and number of houses, and no more then were before the diuiding thereof, witin the space of three yeares now next ensuing; And also that all [Page]such houses which haue beene either built or diuided, contrary to any such Proclamation or Decree as aforesaid, within the limits aforesaid, before, or aboue seuen yeares last past, and are imployed for the habitation of indigent and poore people, who are chargeable to the parish, where those houses are; That in euery such Case all, and euery person and persons estated or interessed in the said houses or tenements of estate of Inheritance, or any lesser estate, and hauing receiued the rents, issues and profits thereof, of, and from the inhabitants, shall by vertue of [Page]this Order and Decree, euery one for their seuerall time, bee bound to restore and repay to the ouerseers of the poore of the parish wherein the said houses be, all such summes of money as haue been disbursed by the parish, for the reliefe of the Inhabitants of the said houses in sicknesse or health, or for any other charge wherewith such parishes haue been burthened, since the Feast of Pentecost last past, by reason of such Inhabitants, and shall also before the said Feast of the Ascension of our Lord God next ensuing, vpon order or command of the [Page]Lord Maior, or some Iustice of peace of the said Citie, or the Alderman of the Ward, or his Deputie (if the said Tenenements be within the Citie of London, or liberties thereof) or of some Iustice of peace neer the place (if the said houses be out of the liberties) enter into bond of a competent penaltie, with sufficient sureties, if it shall be required, to saue and keepe harmelesse the parish from all charges and expences, any way touching or concerning the maintaining, keeping, or relieuing the Inhabitants, which by, or vnder them, or any of them haue been [Page]or shal be placed in the said houses, habitations or dwellings; The said Bond to bee taken in the name of some honest person or persons for the vse of the parish.
And it is further ordered, and decreed, that besides all the paiments, charges and burthens aforesaid, to bee paide, done or performed by the said Landlords or Owners, in ease of the Parish, for, or in respect of their owne Tenants, They, and euery of them, shall contribute and giue such like ratable and reasonable allowance with the said Parishioners, where such buildings [Page]or diuisions are towards the finding and maintaining of the rest of the poore of the said parish, as should bee apportioned, taxed, assessed, or allotted for him, or them to pay, if he, or they were dwelling in the said parish, and were not charged towards the reliefe or maintenance of his, or their owne vnder tenants, as is aforesaid.
And this Court doth further Order and Decree, that if any person or persons shall hereafter new build, diuide any Tenements within the limits aforesaid, contrary to this Decree, or the said former Decrees, made in [Page]this Court, or the seuerall Proclamations heretofore published in that behalfe, or shall place any such poore, or indigent people in any such Tenements heretofore built or diuided, or hereafter to be built or diuided, or receiue any Inmates into the same, that then the person, or persons so offending shall bee by order or command of the Lord Maior, or some Iustice of peace of the said Citie of London, or the Alderman of the Ward, or his Deputy, (if the Tenements shall happen to be within the said Citie, or the liberties thereof) or of some Iustice of peace neere [Page]the place (if the Tenements shall bee without the liberties) enter into bond of a competent penaltie, with sureties to some honest person or persons, to the vse of the parish in which the Tenements shall be, within one moneth next after the date of such Bond, to pull downe such new erected Tenements, or to reforme or restore such diuided Tenements to their former condition, or to remoue such indigent people and Inmates placed therein, as the case shall happen to bee. And that all and euery person and persons, that shall hereafter receiue any Rents, Issues, [Page]or profits, of or from any such poore or indigent people inhabiting in any such Tenement heretofore built or diuided, or hereafter to bee built or diuided, shall beare, and pay all charges and expences which the Parish shall sustaine or bee put to, for, or by reason of any such poore and indigent people inhabiting within the Parish, and shall likewise bee rated and assessed to pay, and are hereby also ordered and decreed to pay their ratable share and proportion, with the Inhabitants of the parish, for and towards the reliefe of the poore of such [Page]parish, as if the person or persons receiving rents or profits from such poore and indigent Inhabitants were dwelling within the parish.
And it is further ordered, that if any person or persons, shall refuse or make default to satisfie or pay any the payments or charges aforesaid, or to performe any part of this Order, That then proces of Attachment out of this Court shall be awarded against him or them, with such further proces of contempt, and imprisonment, and are vsuall against the breakers or contemners of the Decrees or Orders of [Page]this Court, and before his enlargement shall giue securitie by bond as aforesaid, and satisfie and pay all such summes of money, as hee or they should or ought to pay, with double costs to the prosecutor or prosecutors, for all the charges they shall sustaine in prosecution of the said contempts.