THat this Act was made, and passed without sum­moning 1 of the persons concerned in it, to hear their just exceptions against its passing, contrary to the Rules of Justice, and proceedings of anci­ent Parliaments, as wil appear by Clauses 28 E­liz. 3. Doss. and other Records.

That the Title and real scope of this Act, is directly con­trary 2 to the Letter and Pretences in it, being onely to coun­tenance, license, and encrease the multiplicity of new build­ings within the Precincts aforesaid, to raise a present sum of money thereby, under a pretext of restraining and reforming them according to Law and Justice.

That the Prologue of this Act declares the excessive num­ber 3 of Buildings, Out-houses, and Cottages, erected and new built within the suburbs of London, and ten miles thereof, since March 1620. to be very mischievous and inconvenient, and a great Annoyance and Nuzance to the Common-wealth, and that by the Law the said Houses and Nuzances ought to be a­bated, and their Builders, Occupiers, and Tenants ought to make fines for the same, which if true, then the Parliament in justice ought not to continue and ratifie them to the [Page 2] publike prejudice only for a present fine, and any future Parliament may abate them and fine their owners, occupi­ers and tenants notwithstanding these present fines; and this Act which cannot make them in Law to be no Nuzance, since it oft resolves and declares them such, nor restrains succeeding times from punishing them as Nuzances, if they be really such in point of Law.

That these buidings in truth are no Nuzances at all by the common Law of England, for ought appears by any 4 Records or Law Books; but the Laws, as appears by the Book-Cases, cited in the Margent, reputes it an M. 17 H 3 Fitz. Dower 192. Brooke Dower 18. Per­kins Instit. 328. 29. im­provement and benefit to the Common-Wealth, to erect houses where needful for habitation or trade, through the encrease of People; And Cookes Instit. Fol 5. 3, Staham Fitz. [...]rooke Ashe. Titles waste. Was it ever thought, that there could be laid four A­cres of land to every house to be built in Buroughs mar­ket Towns, or to every house on the side of a navigable River built for the use of those that are not Husband­men, no [...] ha [...]h skill therein. waste and distruction to abate or suffer them to decay when built, for which trebble damages and the soile are forfeited by sundry Acts of Par­liament (viz.) 52. H. 2. Cap. 23. 7. H. 8. Cap. 1. 32. H. 8. Cap. 18. 19. Which last Acts encourage buildings in or neer the precincts of Cityes and Market Towns, and declare their decay to be a great Nuzance, prejudice, and impoverish­ment to them; neither is there any ancient Law or Statute that prohibits the erection of Houses or Cottages either in or out of Cityes, before the Statute of the 31. Eliz Cap. 7. a­gainst Cottages, (which was introductive of a new, not declarative of an old Law) extending only to Cottages and mean houses, for the habitation of mean and poor peo­ple; not fair and beautiful houses of good value, for noble men, Gentlemen, Merchants, and Tradesmen of quality, were intended within that Act; therefore being no Nu­zances at the Common Law, nor Cottages within the words or intent of the 31. Eliz. Cap. 7. it is conceived un­just to declare them Nuzances, and to impose such fines upon the owners and tenants of them by this new Act.

That the building and enlarging of Cityes, and their Suburbs, and of houses in them is reputed an honour, blessing, beneficial by God himself and sacred Scriptures; 5 2 Sam. 5. 9. D [...]ut. 8. 12. 1 Chron. 15. 1. Isa. 65. 21. Chap. 44. 26. 28. 1 Kings 15. 22. 23. 2 Chron▪ 8. 2. Chap. 14. 67. Chap.. 17. 12. Chap. 26. 6. Cahp. 27. 4.

Therefore it can be no Nusance nor Greivance in Law.

The first inhibition against new buildings within the City 6 and Suburbs of London, and against buildings with Timber was only by King James proclaimation, by reason of the A. 33. great plagues in the beginning of his reign, in and about London, (to wit) by his Proclamations of the 16. April. Anno 1. 1. March. Anno. 2. 22. of October Anno 5. and the 25. of Iuly, 6. Iacob, not by any Act of Parliament; which proclamations extend only to new buildings with­in one or two miles, and the largest of them only to three miles from the Gates of London, and no further▪ and to buidlings as well within the City, as without it in the Su­burbs; and buildings which were not within that distance of two or three miles at the most from the Gates of Lon­don, were quite out of all his Proclamations; and if ille­gal or Nuzances were pardoned by the general pardons which he granted in the Parliament of the 3. Iacobi Cap. 27. 7. Iacobi Cap. 22. & 21. Iacobi Cap. 34. And the raising of monyes within those proclamations by King Iames though in moderate proportions, and for the most part for the poor of the Parishes wherein they were built, not for his own treasury, was murmured at and complained of as greivance: Therefore the extending of this new Act to raise moneys seaven miles beyond any of his proclamations, to all new buildings within ten miles of London, without any former Act of Parliament that re­strained them, must necessarily be imputed a greater greivance, and oppression of the subjects by this new Act, then any of his proclamations and proseedings upon them by his Commissioners, and a dangerous president to posterity.

This Act hath a retorspect to all new buildings within the Suburbs and ten miles of London, erected since the 25. of March, 1620. till the passing of the Act 1656. Compri­zing 7 full 36. years, taking in part of King James his reign, all King Charls his time, and two or three revolutions of Go­vernment since▪ Now some of these new Buildings three miles distant from London, are within the general pardon of 21 Iac [Page 4] Cap. 34. and other Pardons since; others of them (within three miles) paid Fines and Compositions to King Iames and King Charles; others of them have been long since sold, and made over for full and valuable considerations, by their first Builders, and their assigns, to the present owners & occupiers, who are faultlesse, and have no remedy at all to recover the fines they now pay for them, (in law or equity) against the first Builders, their Heirs, Executors, or Administrators; and yet by this Act they must be forced to pay a full years Rack-Rent for a Fine, (without any abatement) and are put in the self­same condition with those owners building on new Foundati­ons within one year or month before this Act, and punished as far forth as they, (without any distinction) which they hum­bly conceive to be very unjust, unreasonable, and illegal; this very new Act exempting those Purchasors who have bought any Houses (built within this precinct of time) from the State, from any Fine at all; therefore by the self-same Equity, they ought to exempt all other Purchasors upon valuable conside­rations from others, who built them many years past, from any Fines, as well as they.

The Statutes of 7 H. 8. Cap. 3. 31 Eliz. Cap. 5. and 21 Jac. 8 Cap. 4. Specially enact and provide for the ease of the Subjects, That all Indictments, Informations, and Actions popular, up­on penal Laws, by Suit, Bill, or Information, shall be prosecu­ed by the King and his Officers within two years space, and by Informers within one year next after the offences or forfei­tures had, made or committed against any Act or Acts, Statute, or Statutes penal, and not after the said two yeares, or one year; Which Statutes we humbly conceive to extend to all New Buildings, (admit them within the Statute of 31 Eliz. cap. 7.) erected above two years before this late Act. 1656. and that by the Resolution of this Act it self, which provides, That no Action shall be brought against any person for any offence against it, unless it be within one year after the of­fence committed; and that by the provision of all these Statutes still in force, we ought not to be indicted, informed against, or put to fines for any new Buildings erected before the year 1654. much lefs before 1640. or King Charles his death, who should have had the Fines and Penalties, if indicted, informed, [Page 6] o [...] prosecuted within two years of their first erection, accor­ding to these Acts.

This new Act extends the Statute of 31 Eliz. Chap. 7. 9 which is against Cottages onely, to fair dwelling-Houses, which are no Cottages, within the words or meaning of it; and to Houses and Cottages within the suburbs of London, West­minster, and Southwark, which are ancient Cities and Bur­roughs; and to Houses and Cottages near the Thames, for men of Manual Occupation, for the making, furnishing, and victualling of Ships and other Vessels used at sea, which are by express words excepted out of it; and therefore no Fines or Penalties ought to be imposed for any such Houses by this new (or any ancienter) Act.

This Act impowereth the Protector to nominate and ap­point all Commissioners & other Officers who are to execute 10 it, and impose the Fines & Penalties inflicted on the owners & occupiers of new Buildings, Out of every pound whereof, the Commissioners (who impose them) are to receive 3 d. in the pound for their salary and pains, and all other Officers their proportions, who being thus made Judges and Jurors in their own Cases, against all Rules of Law and Justice, encrease and exact what unreasonable Fines they please, without reason, against which there is no appeal nor remedy provided for any who are injured, which is a most sad and heavy Grievance.

This Act authorizeth many particular persons within the Suburbs and ten miles off London, to build Houses for some 11 years yet to come, (paying one years full Rent and Value of them for a Fine, yet restrains all others from future building upon the like terms, undergrievous penalties, vvhich partiality vve humbly conceive to be both illegal and injurious.

This Act extends not at all to any new buildings erected, 12 or to be erected within the City of London it self, nor to any such buildings set up within, or near any Cities, Towns, or places through England, as York, Lincoln, Plymouth, Bristol; Exe­ter, &c. where many such Buildings have of late years been erected; but onely to Buildings within the Suburbs of London, and ten miles thereof: Now that all Owners of Lands, and Builders, Occupiers and Tenants of new built Houses within this Precinct alone, should be thus restrained, deprived of that common Hereditary Birth-right, Liberty, Franchise, Privi­ledge, [Page 6] advantage of improving their Lands and Estates by new buildings within these limits, which all other their fellow-subjects and Free-men, both within London it self, and all o­other Corporations, places, and Counties of England, Wales, Scotland, and Ireland, freely enjoy, without any restriction, fines, or penalties, and should be subject to so heavy, excessive Fines, Penalties, Prosecutions, Distresses, Imprisonments, es­pecially as this Act imposeth on them, against the Common-Law, Great Charter, and common priviledge of all English Free-men, having neither forfeited these their Birth-rights by any Delinquency, and contributing equally with all others, to all publike Charges, Taxes; and suffering as much as any by the late Wars, and contributing as largely as any others, to the publike defence, in late times of greatest danger, (answer­able to their Estates;) and why they, and they alone should be thus grieved & oppressed, & made examples to posterity by this new Act, (to the ruine of many Widows, Orphans, and others) they can yet discern neither law, conscience, reason, or Justice: & therefore humbly pray both a speedy & plenary relief against Let the world take notice of your Power and Justice. it, and restitution of the Fines already extorted from them, and remission of those which are yet unsatisfied.