It is always agreeable to be reminded that however large a part of our history is composed of the record of passion, greed, delusion, and stupidity, yet common-sense, the love of order and of justice (in matters of business), have usually been the predominant factors in our national life, despite priest, merchant, and party.

Nowhere is this better illustrated than by two measures to which Marvell refers as Bills “for the prevention of lawsuits between landlord and tenant” and for “the Rebuilding of London.”  Both these Bills became law in February 1668, within five months of the great catastrophe that was their occasion.  Two more sensible, well-planned, well-drawn, courageous measures were never piloted through both Houses.  King, Lords and Commons, all put their heads together to face a great emergency and to provide an immediate remedy.

The Bill to prevent lawsuits is best appreciated if we read its preamble:—­

“Whereas the greatest part of the houses in the City of London having been burnt by the dreadful and dismal fire which happened in September last, many of the Tenants, under-tenants, and late occupiers are liable unto suits and actions to compel them to repair and to rebuild the same, and to pay their rents as if the same had not been burnt, and are not relievable therefor in any ordinary course of law; and great differences are likely to arise concerning the Repairs and rebuilding the said houses, and payment of rents which, if they should not be determined with speed and without charge, would much obstruct the rebuilding of the s^d City.  And for that it is just that everyone concerned should bear a proportionate share of this loss according to their several interests wherein in respect of the multitude of cases, varying in their circumstances, no certain general rule can be prescribed.”

After this recital it was enacted that the judges of the King’s Bench and Common Pleas and the Barons of the Exchequer, or any three or more of them, should form a Court of Record to hear and determine every possible dispute or difference arising out of the great fire, whether relating to liability to repair, and rebuild, or to pay rent, or for arrears of rent (other than arrears which had accrued due before the 1st of September) or otherwise howsoever.  The proceedings were to be by summary process, sine forma et figura judicii and without court fees.  The judges were to be bound by no rules either of law or equity, and might call for what evidence they chose, including that of the interested parties, and try the case as it best could be tried.  Their orders were to be final and not (save in a single excepted case) subject to any appeal.  All persons in remainder and reversion were to be bound by these orders, although infants, married women, idiots, beyond seas, or under any other disability.  A special power was given to order the surrender of existing leases, and to grant new ones for terms not exceeding forty years.