Paving of Streets

The most beneficial regulations of police, which we have inherited from our ancestors, are at present considered to be so indispensable or necessary, that many people imagine they must at all times have existed. If one, however, takes the trouble to inquire into the antiquity of these regulations, it will be found that the greater part of them are new, and that they were unknown to the largest and most magnificent cities of ancient times. Among these are posts 791 , the night-watch, hackney coaches, and, besides many others, the paving of streets.

Several cities, indeed, had paved streets before the beginning of the Christian æra; but those which are at present the ornament of Europe, Rome excepted, were all destitute of this great advantage, till almost the twelfth or thirteenth century. I must nevertheless acknowledge, that in the Greek and Roman authors I have hitherto met with more proofs of paved highways than of paved streets. But we have reason to believe that the richest nations paid attention to the streets before their doors, sooner than to the roads before their gates. In all probability, the former were paved at different times, and by private persons; and required so little expense and so few regulations, that no occasion was given to remark the time when it was done. On the other hand, for the constructing of highways many miles in length, the concurrence of states, and the consent and assistance of all the inhabitants, were necessary; and, on that account, such circumstances were inserted in annals, and they were sometimes copied afterwards by historians, and mentioned in their works. In the East, where the roads are not spoiled, as among us, by snow, ice, and rain, and where many cities were built on eminences and in dry situations, the paving of streets and highways may have been later thought of than might be expected, when we consider the refinement of the ancient people who inhabited that country, and the progress they had made in the arts. Such undertakings also were often retarded by the want of stone; an obstacle which many nations overcame with an ingenuity and patience at which we, among whom workmen are fewer, and the price of labour higher, because we have more wants, and enjoy more liberty, are not a little astonished. It is however to be conjectured, that those people who first carried on the greatest trade were the first who paid attention to have good streets and highways, in order to facilitate intercourse, so necessary to keep up the spirit of commerce.

This conjecture is in some measure confirmed by the testimony of Isidorus 792 , who says that the Carthaginians had the first paved streets, and that their example was soon copied by the Romans. Long before that period, however, Semiramis paved highways, as we are told by the vain-glorious inscription which she herself caused to be put up 793. Of the paving of the Grecian cities I know nothing further than that at Thebes the streets were under the inspection of the telearchs, who had the care of keeping them in repair, and of cleaning them. This office, which was there held in contempt, the spiteful inhabitants conferred upon Epaminondas, in order to disgrace him; but, by his prudence and attention to the public good, he rendered it so respectable, that it was afterwards sought for as an honourable employment. The streets of Thebes, therefore, were paved, else how would it have been possible to clean them 794 ? Whether Jerusalem was paved I do not know; for, in the first book of Kings mention is made only of the fore-court of the temple 795Josephus 796  relates that the Jews proposed to Agrippa, after the building of the temple was finished, to employ the workmen who had been discharged, the number of whom, with Jewish exaggeration, he makes amount to eighteen thousand, in paving the streets; this however was not done. We read in the Talmud 797 , that the streets of Jerusalem were swept every day, which undoubtedly implies a hard and solid pavement.

That neither the streets of Rome nor the roads around it were paved during the time of its kings, is well known 798. In the year 188, after the abolition of the monarchical form of government, Appius Claudius, who was then censor, constructed the first real highway, which was as properly called after him the Appian Way, as it was named on account of its excellence the queen of roads 799. The time however when the streets began to be paved, cannot with certainty be determined; for the passage of Livy 800 , from which some have endeavoured to prove that it was in the year 578 after the building of the city, is inconclusive, as it will admit of various explanations equally probable. It may be read, without forcing the sense, as if Livy said that the pavement of the streets was then covered with sand for the first time; that the streets were then first paved at the public expense, or that the paving of them was then performed for the first time by contract. Besides, we are told by Livy himself 801 , that the censors in the year of the city 584 caused the streets to be paved from the Oxen-market (Forum Boarium) to the temple of Venus, and around the seats of the magistrates in the great circus: but the information of the same historian that the ædiles in the year 459 caused the streets to be paved from the temple of Mars to the Bovile, and from the Capena gate to the temple of Mars 802 , does not apply here, as some have imagined; for the temple of Mars was without the city, and the author speaks not of streets, but of highways. The extravagant Heliogabalus caused the streets around the palace, or on the Palatine mount, to be paved with foreign marble 803. The inspection of the streets belonged to the ædiles; and, under certain circumstances, occasionally to the censors. In the course of time, however, particular officers, curatores viarum, called on account of their number quatuor viri viarum, were appointed for that express purpose. Thus we are told that the two brothers, Publii Malleoli, when curule ædiles, caused the Mons Publicius to be paved, so that carriages could pass from the street Velia to Mount Aventine 804. That streets paved with lava, having deep ruts made by the wheels of carriages, and raised banks on each side for the accommodation of foot-passengers, were found both at Herculaneum and Pompeii, is well known from the information of various travellers.

Of modern cities, the oldest pavement is commonly ascribed to that of Paris; but it is certain that Cordova in Spain was paved so early as the middle of the ninth century, or about the year 850, by Abdorrahman II., the fourth Spanish caliph. This prince, who knew the value of the arts and sciences, and who favoured trade so much that abundance in his reign prevailed throughout the whole land 805 , caused water to be conveyed into that city, which was then his capital, by leaden pipes, and ornamented it with a mosque and other elegant buildings 806.

The capital of France was not paved in the twelfth century; for Rigord, the physician and historian of Philip II., relates, that the king standing one day at a window of his palace near the Seine, and observing that the carriages which passed threw up the dirt in such a manner that it produced a most offensive stench, his majesty resolved to remedy this intolerable nuisance by causing the streets to be paved; which was accordingly done, notwithstanding the heavy expense that had prevented his predecessors from introducing the same improvement. The orders for this purpose were issued by the government in the year 1184; and upon that occasion, as is said, the name of the city, which was then called Lutetia on account of its dirtiness, was changed to that of Paris 807. This service rendered to Paris by that sovereign, who first also caused the cathedral to be surrounded by a wall, is confirmed by various historians 808. Mezeray informs us, that Gerard de Poissy, then intendant of the finances, expended eleven thousand marks of silver in this undertaking. It appears that a certain income was allowed to the city for defraying the expenses; for in 1285, a hundred years after, when it was proposed that the pavement should be carried without the gate of St. Martin, the citizens excused themselves from the work, by saying that the funds assigned to them were not sufficient for that purpose 809. It is certain, that in the year 1641 the streets in many quarters of Paris were not paved 810.

It is very probable that other opulent cities, finding the benefit which the capital derived from this improvement, were induced to follow its example. At any rate we know that Dijon, which was then reckoned one of the most beautiful, had paved streets so early as the year 1391, to which Philip the Bold, duke of Burgundy, the second husband of Margaret heiress of Flanders and other parts of the Netherlands, contributed two thousand livres; and in 1424 paviors were employed on all the streets 811. Historians remark, that after this period, dangerous diseases, such as the dysentery, spotted fever and others, became less frequent in that city.

That the streets of London were not paved at the end of the eleventh century, is asserted by all historians. As a proof of this, they relate that in the year 1090, when the church of St. Mary-le-Bow, in Cheapside, was unroofed by a violent storm of wind, four pillars or beams, which were twenty-six feet in length, sunk so deep into the ground, that scarcely four feet of them appeared above the surface. The streets of London then, says Howel, were not paved, but consisted of soft earth 812. I can however find no account of the time when paving was first introduced. It appears that the pavement of this immense city became gradually extended as trade and opulence increased. Several of the principal streets, such as Holborn, which at present are in the middle of the city, were paved for the first time by royal command in the year 1417 813. Others were paved under Henry VIII., some in the suburbs 814  in 1544, others in 1571 and 1605, and the great market of Smithfield, where cattle are sold, was first paved in 1614 815.

Of German cities I can mention only Augsburg, which by its trade soon rose to such eminence as to be able to rival magnificent Rome, of which it was a colony, in many expensive improvements. This city from the earliest periods had small subterranean passages under the streets for conveying away filth, which in some measure resembled the Roman cloacæ. Hans Gwerlich, a rich merchant there, having caused a neat foot-path to be made before his house in the oxen-market in 1415, gave rise to the paving of the city; for this convenience was so much admired, that after that time all the streets were paved successively at the expense of the government. Berlin, in the first half of the seventeenth century, was not entirely paved. The new market was first paved in 1679 and the following years, and King-street before the houses in 1684. The square behind the cathedral and before the present tilt-yard remained without pavement in 1679.

When a solid bottom had been given to streets, the cleansing of them, which, as the Roman prætors said, is a continual improvement 816 , was then rendered possible. At Rome were appointed tribuni rerum nitentium, who had the care of cleaning the streets, markets, temples, baths and other public places 817. Strict orders were given that no filth should be thrown into the river or streets; whoever transgressed against this prohibition was subjected to punishment, and obliged to repair the damage 818. The public sewers, cloacæ, under the streets contributed very much to facilitate the cleaning of them, yet they were commonly full of mud 819 , as those of Paris are at present, notwithstanding the many expensive regulations established to prevent that nuisance.

Some centuries after Paris was paved, every citizen was obliged to repair the street before his house, and to clean it at his own expense, as is expressly commanded in an order issued by Philip the Bold 820 , in the year 1285. The public however are often careless and negligent respecting the most beneficial regulations, when the maintaining of them is attended with trouble and expense, be it ever so small. By this want of attention, all the streets of Paris were in the fourteenth century entirely spoiled and filled with dirt; but they were again repaired; and in 1348 a law was first made for inflicting punishment upon those who neglected to clean them 821. This law was rendered more severe in 1388, and several times afterwards. The novelty of it, the dread of punishment, and the vigilance of the new inspectors, produced such an effect, that the inhabitants of one or more neighbouring streets joined together and kept at their common expense a dirt-cart, which at that time was called un tombereau ; but the nobility and the clergy, who always wish for immunities, endeavoured to exempt themselves from this burthen. The markets and public squares remained therefore uncleaned, and became still dirtier, as those who resided in the neighbourhood began to throw filth into them privately in the night-time, in order to avoid the expense of having it carried away, till at length these places were rendered so impassable that the toymen who frequented them with their wares wished to abandon them. For this reason it was enacted in the year 1399, that no one should be exempted from cleaning the streets; and an order was issued in 1374, that all those who lived in the markets, together with the toymen who had booths there, should clean them at their joint expenses 822. Many now made the removing of dirt a trade, and entered into contracts for that purpose; but they as well as the paviors turned so extravagant in their demands, that a price was set upon the labour of the former in 1396, and the latter in 1501 were united into a company, every member of which was obliged to subscribe to certain regulations 823.

When the city at length increased in size and population, the cleaning of the streets became too troublesome and expensive to be left any longer to the care of individuals. Besides, those who inhabited the suburbs complained, and with great justice, that the burthen lay so heavy upon them as to be intolerable; because all the carts which entered the city, or which conveyed filth from it, rendered their streets much dirtier than the rest. It was resolved therefore, in the year 1609, that the streets should be cleaned at the public expense, under the inspection of the police; and a certain revenue in wine was set apart for that purpose. The first person with whom a contract was entered into for this service, was allowed yearly, for cleaning the whole city, 70,000 livres, which sum was raised in 1628 to 80,000 824. In 1704, the Parisians were obliged to collect 300,000 livres, for which Government undertook to maintain the lamps and clean the streets; but in 1722 this contribution was increased to 450,000. The last contract with which I am acquainted is that of the year 1748, by which the contractors were to be allowed yearly, during six years, for removing the dirt, 200,000 livres, and for clearing away the snow and ice in winter 6000 more, making in all the sum of 206,000 livres 825.

All these regulations and expenses however would undoubtedly have been attended with very little benefit, had not deliberate dirtying of the streets been strictly prohibited, and all opportunities of doing so been as much as possible prevented. As the young king Philip, whom his father Louis the Fat had united with himself as co-regent, and caused to be crowned at Rheims, was passing St. Gervais on horseback, a sow running against his horse's legs made him stumble, and the prince being thrown was so much hurt, that he died next morning, 3rd October 1131. On account of this accident an order was issued that no swine in future should be suffered to run about in the streets; but this was opposed by the abbey of St. Anthony, because, as the monks represented, it was contrary tothe respect due to their patron to prevent his swine from enjoying the liberty of going where they thought proper. It was found necessary therefore to grant these clergy an exclusive privilege, and to allow their swine, if they had bells fastened to their necks, to wallow in the dirt of the streets without molestation 826.

A very improper liberty prevailed at Paris in the fourteenth century, which was, that all persons might throw anything from their windows whenever they chose, provided they gave notice three times before, by crying out Gare l'eau, which is as much as to say, Take care of water. This privilege was forbidden in 1372, and still more severely in 1395 827. A like practice however seems to have continued longer at Edinburgh; for in the year 1750, when people went out into the streets at night, it was necessary, in order to avoid disagreeable accidents from the windows, that they should take with them a guide, who as he went along called out with a loud voice, in the Scotch dialect, Haud your haunde, Stop your hand 828.

This practice however would not have been suppressed at Paris, had not the police paid particular attention to promote the interior cleanliness of the houses, and the erection of privies. Some will perhaps be astonished that these conveniences should have been first introduced into the capital of France by an order from government in the sixteenth century; especially as they are at present considered to be so indispensably necessary, that few summer-houses are constructed without them. Those however to whom this affords matter of surprise must be still more astonished when they are told that the residence of the king of Spain was destitute of this improvement at the very time that the English circumnavigators found privies constructed in the European manner near the habitations of the cannibals of New Zealand 829. But Madrid is not the royal residence which has had dirty streets longest on account of this want. Privies began to be erected at Warsaw for the first time only within these few years 830.

In the Parisian code of laws, Coûtume de Paris, which was improved and confirmed in 1513, it is expressly ordered, that every house should have a privy 831. This order, with the denunciation of severer punishment in case of disobedience, was renewed in 1533; and in 1538 the under officers of police were obliged to examine the houses and to report the names of those who had not complied with this beneficial regulation. It appears, however, that the order of 1533 was not the latest; for in 1697, and even in 1700, the police was under the necessity of strictly commanding “that people should construct privies in their houses, and repair those already constructed, and that within a month at furthest, under the penalty of being fined in case of neglect, and of having their houses shut up until they should be in a proper condition.” This order is given in the same words in the Coûtume de Mante, Etampes, Nivernois, Bourbonnois, Calais, Tournay, and Melun 832. That issued at Bordeaux is of the year 1585.

All these regulations of police were not much older in Germany than in Paris. The cleaning of the streets was considered there as an almost dishonourable employment, which in some places was assigned to the Jews, and in others to the executioner's servants. The Jews were obliged to clean the streets of Hamburgh before the present regulations were established. How old these may be I do not know, but in the year 1585 there were dirt carts in that city, and a tax was paid by the inhabitants for supporting them. At Spandau, in 1573, the skinners were obliged to sweep the market-place, which was not then paved, and for this service they were paid by the council 833. In the beginning of the seventeenth century the streets of Berlin were never swept, and the swine belonging to the citizens wallowed in the increasing dirt the whole day, as well as in the kennels, which were choked up with mud. In the year 1624, when the elector desired the council to order the streets to be cleaned, they replied, that it would then be of no use, as the citizens at that time were busy with their farms. Near Peter's church there was a heap of dust so large that it almost prevented people from passing, and it was with great difficulty, and not until strict orders had been often repeated, that the elector could get the inhabitants to remove it. For a long time dirt of every kind was emptied in the new market-place, and lay there in such quantity, that an order was issued in 1671, that every countryman who came to the market should carry back with him a load of dirt. The director of the public mill made continual complaints, that, by the dirt being shot down near the long bridge, the mill-dam was prevented from flowing. Hog-sties were erected in the streets, sometimes even under the windows. This practice was forbidden by the council in 1641 834 ; but it was nevertheless continued, until the elector at length, in the year 1681, gave orders that the inhabitants should not feed swine; and this prohibition was carried into effect without any exception, as St. Anthony had no abbeys at Berlin. Privies, however, seem to have been common in the large and flourishing towns of Germany much earlier than in the capital of France; and those who are not disposed to find fault with me for introducing proofs here which historians have not disdained to record, may read what follows 835 :—In the annals of Frankfort on the Maine, where mention is made of the cheapness of former times, we are told how much a citizen there gave in the year 1477 for cleaning his privy 836. We are informed also, that in 1496 an order was issued by the council forbidding the proprietors of houses situated in a certain place planted with trees to erect privies towards the side where the trees were growing; and that in 1498, George Pfeffer von Hell, J.U.D. and chancellor of the electorate of Mentz, fell by accident into a privy, and there perished. It appears however from the streets and houses of most of our cities, that they were constructed before such conveniences were thought of, and that these were erected through force at a later period 837.

[A new era in paving has been commenced by the substitution of wood for stone, but unfortunately, its vast superiority in some respects is nearly if not quite counterbalanced by its defects, so that it will probably be laid aside. An imperfect kind of wooden pavement  has been much used in North America, and is known by the name of corduroy road ; but the wooden pavement, properly so called, seems to have been first used in Russia, and within the last few years, on a small scale at Vienna, New York, &c. Its use in London was first suggested by Mr. Finlayson in 1825. It was originally formed of hexagonal prismatic pieces of wood, the grain of which was placed vertically. The blocks have been kept together in various ways, some by mere position, others by wooden pegs, strong iron wire, &c. The great disadvantage of wooden pavement is that it becomes slippery in wet weather. Attempts have been made to remedy this defect, by raising those in the centre above the level of the lateral ones, or grooving the surfaces of the blocks. Another objection to wooden pavement is the difficulty of laying a firm and durable foundation. The retention of water by the spaces left between the blocks and in the pores of the wood itself, whereby an atmosphere of moisture is continually preserved, has also been considered as likely to predispose to certain diseases. Whether the latter is true or not, the short duration of their adoption has hardly afforded sufficient opportunities of deciding. The checking of the vibrations communicated from vehicles constantly running in the streets, renders the wooden pavement of extreme value; its durability has also been stated on good authority to exceed that of stone, and its expense to be less. In these particulars however it has not answered expectation; and from the immense number of horses which are daily thrown down, from the want of resisting points on its surface, its use will probably be abandoned; and in several of the large thoroughfares where it had been adopted it is now being replaced by stone.

A very valuable material for the formation of foot-pavements has been found and patented in asphalte. That which has been most used for this purpose is the native asphalte from Seyssel; it is mixed with a small quantity of native bitumen and sand. In preparing it, 93 parts of native asphalte are reduced to powder and seven of bitumen; these are melted together and fine gravel or sand stirred in the mixture. It is then spread upon a concrete foundation in layers about an inch in thickness. Its elasticity renders it exceedingly durable. Various compositions have been substituted for this mixture, but we believe none have been found to answer so well. The application of bituminous substances to carriage-pavements has been almost exclusively limited to court-yards, but there is very good evidence of its applicability to public thoroughfares, in a piece of pavement, about 150 feet in length by 10 feet in width, laid down in 1838 at Whitehall, as a sample of Messrs. Claridge's patent. It still remains in perfect condition. The principal objection to the general adoption of asphaltic pavement in the streets of London, appears to be the difficulty of raising and relaying it, a process so constantly required to reach the innumerable gas and water-pipes beneath.

Pavements have been laid down, especially in court-yards and stables, one of the principal constituents of which is caoutchouc.]


791  I reckon the post among police regulations, to which its object originally belonged, as well as that of the coining of money; though in the course of time it has been made a productive source of revenue, by which it has been rendered burdensome to the public, while its utility has been lessened.

792  Origin. lib. xv. cap. 16.

793  Strabo, lib. xvi. p. 1071. Diodor. Sic. lib. ii. cap. 13. Polyæni Stratagem. lib. viii. cap. 26.

794  Valerius Max. lib. iii. cap. 7. Plutarch. Reipublicæ Gerendæ Præcepta, p. 811.

795  1 Kings, chap. vii. ver. 12.

796  Antiquit. lib. xx. cap. 9.

797  Pesachim, fol. 71. Metzia, fol. 26.

798  Bergier, Hist. des Grands Chemins Rom. liv. i. chap. viii.

799  Statius, Sylv. ii. 2, v. 12.

800  Lib. xli. cap. 27.

801  Lib. xxix. cap. 37.

802  Lib. x. cap. 23. Equally inapplicable are the passages lib. xxxviii. cap. 28, and lib. x. cap. 47.

803  Æl. Lamprid. Vita Heliogab. cap. 24.

804  Ovid. Fastor. lib. v. ver. 293. See also Marc. Varro, lib. iv. de L. L. Festus, p. 310. An examination of the question whether the ædiles or censors had the inspection of the streets may be found in Ducker's notes on Liv. lib. x. cap. 32 (edit. Drakenborchii).

805  Cardonne Histoire de l'Afrique et de l'Espagne sous les Arabes, 3 vols. 12mo, Par. 1765. Translated into German, with notes, by Dr. Murr. Nurnb. 1768, i. p. 187.

806  Rod. Ximenez, archiep. Toletani, Historia Arabum, cap. xxvi. p. 23. Printed at the end of Erpenius' Historia Saracenica, 4to. Lugd. 1625.

807  Rigordus De Gestis Phil. Augusti, in Duchesne Hist. Script. Franc. Par. 1649, fol. p. 16.

808  Gulielmi Armorici Hist. de Vita Phil. Augusti, in Duchesne, p. 73. Alberici Monachi Trium Fontium Chronicon, ed. a G. G. Leibnitio, Lips. 1698, 4to, p. 367.

809  Felibien, Hist. de Paris, i. p. 104.

810  A proof of this may be seen in De la Mare, iv. p. 197, who gives the best account respecting the regulations made to keep in repair the pavement of the streets of Paris. The later regulations are given by Perrot in Dictionnaire de Voierie, Paris, 1782, 4to, p. 315.

811  Courtepée Description du Duché de Bourgogne, i. p. 233, and ii. p. 62.

812  Anderson's Hist. of Commerce, vol. i. p. 483.

813  In the king's order it was said, that the highway named Holbourn in London was so deep and miry, that many perils and hazards were thereby occasioned as well to the king's carriages passing that way as to those of his subjects; he therefore ordained two vessels, each of twenty tons burthen, to be employed at his expense, for bringing stones for paving and mending the same.—Anderson's Hist. of Com. i. p. 244.

814  In this order the streets were described “as very foul, and full of pits and sloughs, very perilous and (noyous) noisome, as well for the king's subjects on horseback as on foot, and with carriage.”—Anderson, ut supra, p. 370.

815  Anderson , i. p. 491. Northouck's History of London, 1773, 4to, p. 121. 217. 414. 436.

816  Digest. lib. xliii. tit. 2.

817  Notitia utraque dignitatum, Pancirolli. Lugd. 1608.—Notit. Imperii Occident. cap. 19. This work may be found in Grævii Thes. Antiq. Rom. vol. vii.

818  Digestorum lib. xliii. tit. 12, and lib. ix. tit. 3.

819  Martial, Epig. vii. 61. Juvenal, sat. iii. ver. 247.

820  A full history of the regulations made respecting the cleaning of the streets of Paris may be found in De la Mare, iv. p. 200.

821  De la Mare, iv. p. 202.

822  Ibid. iv. p. 172, 203.

823  De la Mare, p. 205.

824  Ibid. iv. p. 216, 239, 243.

825  This contract is inserted in Perrot, Dictionnaire de Voierie, p. 305. In 1445 six carts were employed at Dijon in cleaning the streets.

826  Histoire de la Ville de Paris, par Sauval, vol. ii. p. 640.

827  De la Mare, iv. p. 253. Perrot, p. 307.

828  Letters from Scotland, 1760, 2 vols. 8vo. [At this period, when the luxury of water-closets was unknown, it was a custom for men to perambulate the streets of Edinburgh, carrying conveniences (pails) suspended from a yoke on their shoulders, enveloped by cloaks sufficiently large to cover both their apparatus and customers, crying, “Wha wants me, for a bawbee?” It has since been used against the Edinburgh people as a joke or satire upon an ancient custom. By way of a set-off, however, it may be observed that at the present day there is a water-closet in almost every house in Edinburgh.]

829  Cook's First Voyage, 4to, vol. ii. p. 281.

830  Whoever wishes to enter deeper into the history of this family convenience, certainly an object of police, the improvement of which the Academy of Sciences at Paris did not think below its notice, may consult the following work, Mém. de l'Acad. des Sciences, Inscriptions, Belles Lettres, Beaux Arts, etc. nouvellement établie à Troyes en Champagne. A Troyes et Paris 1756. The author, who by this piece of ridicule wished, perhaps, to avenge himself of some academy which did not admit him as a member, has collected from the Greek and Latin writers abundance of dirty passages respecting this question: “Si l'usage de chier en plein air étoit universel chez les anciens peuples.” He proves from a passage of Aristophanes, Ecclesiaz. ver. 1050, that the Greeks had privies in their houses.

831  De la Mare, i. p. 568, and iv. p. 254. “Tous propriétaires de maisons de la ville et fauxbourgs de Paris sont tenus avoir latrines et privez  suffisans en leurs maisons.” [They should also have been compelled to make use of them.]

832  De la Mare, ut supra .—Coûtume de Mante, art. 107.—Etampes, art. 87.—Nivernois, chap. x. art. 15.—Bourbonnois, art. 515.—Calais, art. 179.—Tournay, tit. 17, art. 5.—Melun, art. 209.

833  Historische Beyträge die Preussischen und benachbarten Staaten betreffend. Berlin, 1784, 4to, iii. p. 373.

834  Nicholai Beschreibung von Berlin, p. 26. The author quotes, from the order published at Berlin, Nov. 30, 1641, respecting the buildings of the city, section fourth, the following words: “Many citizens have presumed to erect hog-sties in the open streets, and often under the windows of bed-chambers, which the council cannot by any means suffer;” and in the seventeenth section hog-sties are forbidden to be erected in future in the small streets near the milk-market.

835  “Frivola hæc fortassis cuipiam et nimis levia esse videantur, sed curiositas nihil recusat.”—Vopiscus in Vita Aureliani, cap. 10.

836  Chronica der Stadt Frankf. von C. A. von Lersner, i. p. 512.

837  [Berlin, strange to say, is very ill circumstanced in respect to these conveniences, even at the present day (1846). In most of the houses, small closets are located on the landings of the stairs, which require to be emptied every other night, to the no great satisfaction of the olfactory nerves. Nor are the streets kept in a very proper state,—large puddles of filth being allowed to collect before the doors even of the best houses, and which, especially in the hot months of summer, diffuse a most horrible stench. Something however must be allowed for the low situation of the town, which renders drainage next to impracticable. Laing, in his Notes of a Traveller, speaking of Berlin as he found it in 1841, says, “It is a fine city, very like the age she represents—very fine and very nasty.... The streets are spacious and straight, with broad margins on each side for foot-passengers; and a band of plain flagstones on these margins make them much more walkable than the streets of most continental towns. But these margins are divided from the spacious carriage-way in the middle by open kennels, telling the nose unutterable things. These open kennels are boarded over only at the gateways of the palaces, to let the carriages cross them, and must be particularly convenient to the inhabitants, for they are not at all particularly agreeable. Use reconciles people to nuisances which might be easily removed. A sluggish but considerable river, the Spree, stagnates through the town, and the money laid out in stucco work and outside decoration of the houses, would go far towards covering over their drains, raising the water by engines and sending it in a purifying stream through every street and sewer. If bronze and marble could smell, Blücher and Bülow, Schwerin and Ziethen, and duck-winged angels, and two-headed eagles innumerable, would be found on their pedestals holding their noses instead of grasping their swords. It is a curious illustration of the difference between the civilization of the fine arts and that of the useful arts, in their influences on social well-being, that Berlin as yet has not advanced so far in the enjoyments and comforts of life, in the civilization of the useful arts, as to have water conveyed in pipes into its city and into its houses. Three hundred thousand people have taste enough to be in die-away ecstasies at the singing of Madame Pasta, or the dancing of Taglioni, and have not taste enough to appreciate or feel the want of a supply of water in their kitchens, sculleries, drains, sewers, and water-closets. The civilization of an English village is, after all, more real civilization than that of Paris or Berlin.”]