Mr. Justice Raynsford, Mr. Justice Wyndbam, Mr. Baron Thurland, present. At the Court of Iudicature, erected and revived by several Acts of Parliament, for determi nation of differences touching houses burned or demolished by reason of the late fire, which happened in the yeare 1666 etc. in London, held in Cliffords Inne Hall, London, on Friday, the one and thir tieth day of October, in the XXV'.11 yeare of the reigne of our Soveraigne Lord King Charles the Second, Aunoque Domini 1673.

Theodore Jacobsen of London Merchant, Pelicioner against Jacob Jacobsen, President of the Merchants of Almayne, and the said Merchants of Almayne being under and of the Confederacion, Leige and Company of the Dutch Hanze, otherwise called Merchants of Almayne.

Whereas the said Theodore Jacobsen lately exhibited his Peticion into this Court of Iudicature, hereby setting forth in effect, that he was possessed at the time of the late dreadfull fire, which happened in London, of One back Mesuage or Tenement with a Wharf and several! other Warehouses and buildings thereunto belonging, the Tofts and ground whereof doe conteyne the dimensions following, that is to say: On the South fronting the River of Thames from East to West One hundred fifty and seaven feet and One inch and thereabouts; on the Westside thereof from the said front to the Backside of the building in Thames-Street from South to North, two hundred eighty three feet and foure inches ore thereabouts, beside the said wharfe, on which Westside is one breake in the North Corner Thirty and seven feet from the backside of the North building two feet levell; on the North End from the Eastside to the West middle Walls One hundred forty two feet and five inches or thereabouts; and

') British Museum. Additional-Manuscript 5101. Decisions of the Commissioners after the fire or London. Vol. XIX. Art. 7.

200 1673, October 31.

on the Eastside thereof from North to South, besides the said Wharfe, two hundred Eighty Six feet and three inches or thereabouts (on which said Eastside are foure severall small Breakes] situate, lying and being in the Stilehoff, alias Stileyard, in Thames Street in the Parish of AU Hallowes the Great, in Dowgate Ward in London, as Tenant unto the abovenamed Merchants of Almayne, being under and of the said Confederacion, Leige and Company of the said Dutch Hanze, otherwise called Merchants of Almayne, having an house in the City of London, commonly called Guildhall Teutoni- corum, in whome the said Stileyard with the said Mesuage, Warehouses and buildings (amongst other things) were vested by Act of Parliament, made in a Parliament held at Westminster on the Sixth day of October, in the Twelfth yeare of the reigne of King Edward the fourth, and there continued by divers Prorogacions to the Three and twentieth day of January in the fourteenth yeare of the reigne of said King Edward the fourth, whereby the said Stileyard (amongst other things) is limited to the said Almayne Merchants, that then were or that afterwards should bee, to have and to hold unto them and their Successors for ever; that the said Mesuage or Tenement, Warehouses and buildings were burned downe and consumed by the said dreadfull fire, which happened in London in the Mo- neth of September, in the yeare of our Lord One thousand six hundred sixty and six. And the Pe titioner is willing to rebuild the same, soe as hee may have reasonable encouragement thereunto, which he has proposed unto the abovenamed Jacob Jacobsen, the said President of the said Almayne Merchants, and also unto the said Almayne Merchants of the said Guildhall Teutonicorum, which hath been as yelt refused unto the Peticioner: hee therefore humbly prayed the Court to'grant Warrants to warne the said Jacob Jacobsen and the said Merchants of Almayne to bee and appeare in this Court of Iudicature at a Day therein to bee limited to the end, that such Decree might bee made in the premisses, as the Court should thinke meet. Whereupon Warrants were granted and issued from this Iudicature directed to the said President and Merchants of Almayne to bee and appeare here this present One and thirtieth day of October. Whoe having been thereupon warned, the said Jacob Jacobsen, the said President, and John Lemkuell and George Matson, members of the said Company, appeared here in Court this Day on behalfe of themselves and of all the rest of the Members of the said Company, Mr. Bowes being of their Counsell; the Peticioner being personally present in Court, Mr. King being of his Counsell. And upon reading the said recited Peticion and opening the matters therein specifyed to the Court, the Peticioners said Counsell informed the Court, that the said Peti cioner is willing to undertake the said building and is contented to give as much rent as any new Contractor will give for the said ground to build upon, and therefore has caused the said ground to bee measured and vallued by severall skilfull Workemen, who doe all agree, that the utmost value of the aforesaid ground is One hundred and tenn pounds per annum. And for further satisfaction of the Court touching the value of the said ground, three severall workmen, namely Caius Gabriell Libbers, Sampson Allen and Edward Helder, severally made Oath in Court: that they have measured the said ground and have estimated the value thereof and doe all agree, that the utmost the same is worth to bee lett to build upon between man and man, is One hundred and tenn pounds per annum groundrent. And the said Counsell further informed the Court, that the said Peticioner is

1673, October 31.

obliged by the said Company to an extraordinary way of building, both for strength and ornament, and that to perfect and finish the same accordingly will cost him seven or eight thousand pounds. And therefore to encourage him to performe so chargable a Worke for the honor and splendor of the city, being a place much resorted to by the foraigners and straingers, the said Counsell prayed the Court to decree unto the said Peticioner a terme of forty yeares from Michaelmas last at the said yearly rent of One hundred and tenn pounds. And in regard the said building in respect of the largeness thereof will take upp more time then is usuall for ordinary buildings before the same can bee effected, {the said Councell prayed, that the Peticioner may have time allowed him for buil ding untill Midsomer next come twelve Moneths. And that the first Quarters Rent bee paid at Michaelmas then next following. Whereupon the aforesaid President and the said other persons ap pearing on behalf of the said Company, nor their said Counsell not opposing any of the aforesaid matter, the Court being satisfied of the reasonableness of the said proposalls and being very desireous to give all due encouragement to soe great a building, pronounced the same Decree accordingly. Therefore for a finall Determinacion of all differences between the Peticioner and the said Defendants touching the premisses, the Court doth order, adjudge and decree unto the said peticioner Theodore Jacobsen an estate and terme of forty yeares of and in the aforesaid Tofts, soile and ground, con- leyning the Dimensions herein before particularly expressed and of and in the Mesuage or Mesuages and buildings to bee thereupon erected and new built in pursuance of this Decree, and of and in the said wharfe with all appurlenaunces to the same premisses belonging or in any wise apperteyning, to have and to hold the same unto him, the said Peticioner Theodore Jacobsen, his Executors, Admi nistrators and Assignes, from the feast day of St. Michael the Archangell now last past for and du ring and untill the full end and terme of forty yeares from thence next ensuing fully to bee corn- pleat and ended, yeilding and paying. And the said Peticioner Theodore Jacobsen, his Executors, Administrators and Assignes shall yeild and pay for the first yeare and three Quarters of a yeare of the said terme of forty yeares the rent of One peppercorne, if the same bee demanded, and from thenceforth yearely and every yeare for and during the terme of Eight and Thirty yeares of the said terme of forty yeares the yearely rent of One hundred and tenn pounds of lawful! money of England, quarterly at the foure most usuall feasts or daies of payment of rent in the yeare, to witt: the feast daies of St. Michaeli the Archangell, the Birth of Our Lord, the Annunciacion of the Blessed Virgin Mary and the Nativity of St. John the Baptist, by even and equall porcions. And that the first Quar ters payment of the same bee made upon the feast day of St. Michaeli the Archangell, which will be in the yeare of our Lord One thousand Six hundred Seventy and five. And also yeilding and paying for the last Quarter of a yeare of the said terme of forty yeares the rent or summe of seven and twenty pounds and tenn shillings of like money upon the last day of the said terme. And it is further ordered and decreed by the Court, that in Consideracion of the said terme of yeares hereby decreed under the Rents aforesaid, hee, the said Peticioner Theodore Jacobsen, his Executors, Admi nistrators or Assignes, at his or some of their proper Costs and Charges, with all convenient speed shall cause to bee erected and new built in and upon the aforesaid Tofts, soile and ground one or Abtbeilang n. 26

202 1683, Februar 28.

more good and substantiall Mesuage or Mesuages and buildings, with such good and sufficient Mate- nails, as by the late Acts of Parliament for rebuilding the City of London it is directed and pre scribed. And for the avoiding difficulties in the recovering of the said yearely rent of One hundred and tenn pounds, and for the better ascertaining of Covenants mutually to bee performed between the Peticioner and the aforesaid Defendants during the aforesaid terme, it is further ordered and de creed by the Court, that the aforesaid Defendants or their successors for the time being, upon the reasonable request and at the Costs and Charges of the said Peticioner, Theodore Jacobsen, his Exe cutors, Administrators or Assignes shall make and duly execute unto him or them, requiring the same a good and sufficient Lease by Indenture under their common Seale of all the aforesaid premisses for the said terme of forty yeares hereby decreed, as aforesaid, or for soe many yeares thereof as shall bee to come and unexpired at the time of the making such Lease, at and under the yearely rent and rents aforesaid, payable as aforesaid, with reasonable Covenants and Condicions usuall in Leases made of houses in London, in such Lease to bee conteyned. And that the said Peticioner Theodore Ja cobsen, his Executors, Administrators or Assignes, to whome such Lease shall be made, shall accept thereof and duly seale and deliver a Counterpart of the same. And lastly it is ordered and decreed by the Court, that the said Peticioner Theodore Jacobsen, his Executors, Administrators and Assignes at and under the aforesaid rents payable as aforesaid and covenants as aforesaid shall and may law fully, peaceably and quietly have, hold and enjoy the aforesaid Tofts, soile and ground, conteyning the dimensions aforesaid, and the Mesuage or Mesuages and buildings to bee thereupon erected and new built, in pursuance of this present Decree, and the same Wharfe with all appurtenances to the same premisses, belonging or in any wise apperteyning for and during the said terme of forty yeares, hereby decreed as aforesaid, according to the tenor and purport of this present Decree and of the Lease hereby decreed to bee thereof made, as aforesaid, notwithstanding any other Estate, Right, Title, interest in Law or Equity, Trust, Charge or other Incumbrance whatsoever, according to the Act of Parliament for securing the Estates of builders lately made and provided.

Sign: Ri. Rainsforde. Hugh Wyndham. Edward Thurland.