[ENGLISH LAW]
C17 INDUSTRIAL POLLUTION
A Briefe Declaration, or, What Manner of Special Nufance concerning private dwelling Houses, a man may have his remedy by assise, or other action.
London, Printed by Tho. Cotes, For William Cooke, 1639.£1,850.00
4to. pp [ii], 45, [1]: B-G4. Variant with 3 lines in side-note on B2r. Roman letter, some Italic. Woodcut initials, typographical ornaments, early ms ‘260’ at foot of title. Slight browning, title a bit dusty at outer margin. A good copy in modern marbled boards.
Second edition, the last published, one of two issues from 1639, of this work of tremendous social and historical interest discussing the ‘Arguments and opinions of foure famous sages of the common law, touching the power, and the extent of customes of Cities, Townes, Corporations, and inheritances, together with the determination of the Law concerning the commodity and use of Houses with their appurtenances, and wherein an action may be maintainable concerning the same, and wherein not.’ The four “famous Sages” of the common law cited in the work are Robert Monson, Christopher Wray, Edmund Plowden, and John Manwood. The work provides great insight into the difficulties arising for householders living in the city often surrounded by heavily polluting industries. “Early modern London burned quantities of dirty coal that were unparalleled anywhere in Europe before industrialisation, and the consequent smoky air was a matter of more serious and sustained concern than has been appreciated by either early modern or environmental historians. During the 1620s and 1630s, King Charles I and his government sought to remove smoky industries, above all large brewhouses, from the vicinity of the court in Westminster.” William M. Cavert
The work addresses legal restrictions imposed by building laws, such as the location of windows and drains, and particularly the absence of effective laws to reduce urban nuisances, such as smoke, poor drainage and noise, and such questions as a householder’s right to “light and ayre”. It also questions the relation between the common law and the city laws and customs of London. It provides much insight into the problems of city living in the Elizabethan period. “Roy Strong observes in his history of the Renaissance garden that the evolution of “smaller” privy gardens in larger, wealthier households almost always involved “a division between the private and public domains,” which suggests that portions of gardens were partitioned off to ensure isolation. ‘A Brief Declaration .. (etc)’ (1639) illustrates the need for the garden’s seclusion from servants when Robert Monson warns, “if you make your windows into our garden, this is a wrong unto us, for by this means I cannot talk with my friends in my private garden but your servant may see what I do”
There follows a long section, of great social interest, in the form of question and answers dealing with the workings of the Poor Laws and the various liabilities and duties of local officials; it discusses the indigent, sick and insane, the drunk, and the liabilities and duties of local officials, such as the powers of a town mayor to imprison a suspect for three days without trial, and the culpability of a landowner who fells trees on to another man’s land. etc. Of particular interest is a discussion of unwanted pregnancies, children born out of wedlock, such things as whether ‘a Justice of Peace may “discharge a servant being with childe from her service”, the rights of ‘Bastard children’ and their mothers.
A rare and most interesting work.
STC 6454.5 .Goldsmiths’ 698. Kress 540.In stock