James the Second, 1685: An Act for Rebuilding Finishing and Adorning of the Cathedrall Church of St. Pauls London. [Chapter XV. Rot. Parl. nu. 15.]

19 Car. II. c. 3. § 36; 22 Car. II. c. 11. § 38–42.

Eighteen Pence; per Chalder or Ton laid upon Coals brought into the; Port of London, &c; To be paid to Archbishop of Canterbury, &c. before Bulk broken or Meter assigued; Receipt to be given on Payment of Duty without Fee.

Whereas by a late Act of Parlyament a small part of the Imposition upon Coals imported in or neare the City of London was given towards the Rebuilding the Cathedrall Church of Saint Pauls wholly ruined by the dreadfull Fire of London which (and all other Supplyes) carefully expended have made some considerable advance in the said Worke but soe farr short of finishing a Fabricke of soe large Dimensions That without further encouragement by a Supply from the Publick the said Worke in a litle time must be left imperfect and uselessse and consequently all the said former Expence totally lost to the dishonour of our Establisht Religion and to the reproach of the said City And whereas by the said late Act the Lord Arch-Bishop of Canterbury the Lord Bishop of London and the Lord Maior of London for the time being or any two of them were impowered to imploy and dispose part of the said Imposition upon Coals towards the Building the Cathedrall of St. Pauls Therefore for Enableing the said Lord Arch-Bishop and Lord Bishop of London and the Lord Maior of London for the time being or any Two of them to finish soe great and Pious a Worke Bee it Enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parlyament Assembled and by the Authoritie of the same That for all sorts of Coals which from and after the Twenty ninth day of September One thousand six hundred eighty seven and before the Twenty ninth Day of September One thousand seven hundred shall be imported or brought into the Port of the said City of London or the River of Thames within the Liberty of the said City upon the same River there shall be paid by way of Imposition thereupon over and besides all other Impositions and Duties according to the Rates hereafter mentioned that is to say for all such sorts of Coals or Culm as are usually sold by the Chaldron for every Chaldron thereof containing thirty six Bushells Winchester measure the summe of Eighteene pence and for such sorts of Coals as are sold by the Tun for every Tun thereof containing twenty hundred weight the like summe of Eighteene pence which said Imposition of Eighteene pence for every Chaldron or Tun of Coals shall from time to time dureing the terme aforesaid be answered and paid unto the said Lord ArchBishop of Canterbury Lord Bishop of London and Lord Maior of London for the time being or any Two of them or to their Deputy or Deputyes Officer or Assignes thereunto appointed and constituted under their Hands and Seales or the Hands and Seales of Two of them by every Master Owner or Owners or other Person or Persons takeing charge of any Shipp or Vessell whereupon such Coals shall be Laden before they shall breake bulke or deliver out any Coals or have a Meeter assigned for the measureing or weighing of any Coals aforesaid to be delivered from on board any such Shipp or Vessell the said Imposition to be paid at such place or places as by the said Lord Arch-Bishop Lord Bishop and Lord Maior or any two of them shall from time to time be appointed for the Receipt thereof whereupon the Party appointed to recieve the same shall without delay Fee or Reward deliver a Receipt to the Person or Persons who shall pay the said Imposition or Duty which Receipt shall for soe much be a sufficient Discharge.

II. Coal-Meters for London to give to Officers of Archbishop, &c. a Certificate in Writing of the Sorts and Quantities of Coals delivered.

Default, Suspension for a Year, and Penalty of £10; If more Coals appear than Duty paid for; further Duty of 58. per Tun; Refusal of Payment; Ship, &c. attached by Warrant till Payment.

And to the end that the said Imposition may be duely answered and paid without Fraude or Covin and for the better Levying and Collecting thereof and for discovery of the just quantities of all sorts of Coals to be Imported as aforesaid Bee it further Enacted by the Authority aforesaid That 'the Coale-Meeters for the City of London appointed or to be appointed and every of them and their respective Deputyes in their turne and course of Attendance respectively soe soone as any Shipp or Vessell fraught with Coals shall be unladen shall forthwith deliver a true Certificate in Writeing unto the Deputy or Deputyes Officers or Assignes of the said Lord ArchBishop Lord Bishop and Lord Maior for the time being or any two of them (who shall be appointed to receive the said Imposition) of the sorts quantities or number of Chaldrons or Tunns of Coals respectively which shall be measured or weighed and delivered from on board any Shipp or Vessell on paine for his or their default therein to be suspended from the Execution and Benefitt of his or their Office or Imployment for one whole yeare from thence next following and to forfeite the Summe of Ten pounds And in case it shall appeare by such Certificate or otherwise that there was on board any such Shipp or Vessell a greater number of Chaldrons or Tuns of Coals then for which the said Imposition shall have beene answered and paid as aforesaid That then in such case there shall be paid to the said Lord Arch-bishop Lord Bishop and Lord Maior for the time being or any two of them for every Chaldron or Tun of Coals soe concealed over and above the Imposition aforesaid the further Imposition or Summe of Five shillings for all which Impositions (in case of refusall to pay the same) such Shipp or Vessell or any the Tackle Furniture or Apparell thereof may be attached and detained by Warrant from the said Lord Arch-Bishop Lord Bishop and Lord Maior for the time being or any two of them untill payment thereof.

III. If Payment of Duty for Surplusage of Coals within 24 Hours, Penalty discharged.

Provided neverthelesse That if the Importer upon such Certificate delivered in by the Coale-Meeter shall within foure and twenty houres give in his Post-Entry and satisfie and pay the whole Duty for the Surplusage of Coales appearing upon the unlading of such Shipp or Vessell that then upon such payment the Penalty aforesaid shall be discharged

IV. Archbishop, &c. may appoint Inspectors of Meters, &c.

Bee it further enacted That it shall be Lawfull for the said [Lord (fn. 1) ] Arch-Bishop Lord Bishop and Lord Maior for the time being or any two of them by Warrant under their Hands to appoint an Officer or Officers to goe on board all Shipps and Vessells laden with Coals and to inspect the Coale-Meeters and their Deputyes in their Worke Store and full cleareing and livering every such Shipp and Vessell and to Certifie as directed by the said Warrant

V. Money applied in rebuilding St. Paul's Cathedral.

And bee it further enacted That all and every such Summe and Summes of Money which shall be raised upon the Receipt of the said Imposition of Eighteene pence for every Chaldron or Tunn of Coals or by such Additionall Imposition or Duty in case of Concealment as aforesaid shall in the first place be applyed and disposed unto the Rebuilding Finishing and Adorning the said Cathedrall of St. Pauls.

VI. Books of Receipts and Disbursements provided and kept.

Free Access to such Books without Fee; Archbishop, &c. to transmit Abstract of Books into the Exchequer yearly; Free Access thereto without Fee.

And to the end the Moneys to be raised upon the Imposition aforesaid may be duely applied to the Uses for which the same is by this Act appointed Bee it further enacted That there shall from time to time be provided and kept by the said Lord Arch-bishop Lord Bishop and Lord Maior or two of them or by their Deputy or Deputyes Officer or Assignes appointed as aforesaid one or more Booke or Bookes of Vellom or Parchment in which all Moneyes thereupon to be received shall from time to time be Entred and sett downe and alsoe other. like Booke or Bookes wherein the Accompts of all Payments and disbursements out of the same shall be likewise Entred expressing the time when, the occasion for which and the Name of the Person or Persons to whome the same were soe paid or disbursed and that it shall and may be Lawfull to and for all and every person or persons that shall or may be in any wise concerned soe to doe to have free accesse unto and view the said respective Books of Receipts and Disbursments at all times when the Office is open without any Fee or Reward to be taken br demanded for view or Inspection thereof. And that the Lord Arch-Bishop Lord Bishop and Lord Maior for the time being or any two of them before the end of Michaelmas Terme in every yeare after the yeare One thousand six hundred eighty-seven shall transmitt and deliver into the Receipt of Exchequer a true Abstract of the aforesaid Books of Accompts containing the Receipts and Disbursments of all Moneys which shall be raised and paid by or out of the said Imposition upon Coals in the yeare preceeding and ending upon the Foure and twentyeth day of June next before there to be received gratis by the proper Officer and kept amongst the Records of the said Court where it [shall (fn. 2) ] be Lawfull for any Person or Persons who shall be in anywise concerned soe to doe to have accesse thereunto and to view and peruse the said Bookes of Accompts without any Fee or Reward to be taken or received for the same.

VII. Money raised by Act to be applied as the Archbishop, &c. by Warrant under their Hands and Seals shall direct.

And bee it further enacted That all and every Summe and Summes of Money which shall be raised or paid by vertue of this Act shall bee imployed and disposed for and towards the Rebuilding Finishing and Adorning the said Cathedrall Church of St Pauls according to such Order and Direction as by the said Lord Arch-Bishop Lord Bishop and Lord Maior for the time being or any two of them shall be given in that behalfe And the same shall from time to time be issued out and paid accordingly unto such Person and Persons as they or any two of them shall by Warrant under their Hands and Seales for that Purpose Direct and Appoint which Warrant and such Person or Persons Acquittance shall be a sufficient Discharge in Law to him or them who shall thereupon pay any such Summe or Summes of Money

VIII. Archbishop, &c. may make Allowances to Officers.

And bee it further enacted That for all Moneys paid and disburst by vertue of this Act it shall and may be Lawfull for the said Lord Arch-Bishop Lord Bishop and Lord Maior for the time being or any two of them under their Hands and Seales to dispose of any Summe or part of the said Moneys not exceeding in the whole Foure pence in the Pound unto such Person or Persons who shall be appointed from time to time to be Treasurer or Treasurers Paymasters Book-keepers Collectors or Accomptants for the said Money in lieu of the trouble hazard and incident Charges attending the Receipt and Payment thereof

IX. Power to Archbishop, &c. to borrow Money on Credit of Duties.

And forasmuch as the Moneys to be raised by the Impositions aforesaid will not in a long time raise such a Stocke or Summe of Money as may be sufficient for the effecting the ends and purposes of this Act It is hereby further enacted That the said Lord Arch-Bishop Lord Bishop and Lord Maior for the time being or any two of them shall be and are hereby impowered by Indenture under their Hands and Seales to ingage the Proffit ariseing out of the respective Impositions by this Act or any part or parts thereof as a Security for any Summe or Summes of Money by them to be borrowed for the ends and purposes of this Act to any Person or Persons that shall or will advance any Summe or Summes of Money upon such Security All which Money soe to be borrowed shall be imployed for or towards the Rebuilding Finishing and Adorning the said Cathedrall Church according to the true intent of this Act.

X.

General Issue; Double Costs.

Provided alwayes and bee it enacted That if any Action or Suite shall be brought or proceeded against any Person or Persons for any matter or thing done committed or executed by vertue of this Act or of any Clause or Article herein That then and in every such case the Defendant or Defendants may pleade the Generall Issue (Not Guilty) and give this Act and the speciall Matter in Evidence at any Tryall thereupon to be had And if a Verdict shall passe for the Defendant or the Plaintiffe shall be Nonsuit or discontinue his Action after the Defendant hath appeared the Defendant shall recover double Costs to be awarded for his or their wrongfull Vexation in that behalfe

XI. Monies borrowed to be received by Persons appointed by Archbishop, &c. Security given by such Persons.

Approved by Lord Chancellor, &c.

And bee it further enacted That all such Moneys soe to be received upon Accompt of the said Imposition shall from time to time be paid to such Person or Persons as the said Lord Arch-bishop Lord Maior or any two of them shall from time to time appoint under their Hands and Seales to be Receiver or Receivers Generall soe as such Person or Persons doe first give good Security to the Deane and Chapter of the said Cathedrall Church of St Pauls London for the due Repayment of all such Moneys as they shall receive in pursuance of this Act That they may be expended according to this Act The said Security being first approved under the Hands of the Lord Chancellor or Lord Keeper of the Great Seale Lord Chiefe Justice of the King's Bench Lord Chiefe Justice of the Common Pleas and Lord Chiefe Baron for the time being or any two or more of them

XII. 22 Car. II. c. 11. § 38.

22 Car. II. c. 11. § 41; Reciting that divers Parish Churches mentioned in said Acts remain unbuilt or unfinished; Archbishop, &c. may appropriate any Part of the Duties, not in any one Year exceeding a Fifth Part, to the finishing the said Parish Churches; Remainder to rebuilding St. Paul's.

And whereas by the Additionall Act for Rebuilding the City of London made in the Two and twentieth yeare of King Charles the Second an Imposition of Eighteene pence per Chaldron upon Coals was appointed for Rebuilding fifty one Parochiall Churches named in the said Act by the Warrant and Direction of the said Lord Arch-Bishop of Canterbury the Lord Bishop of London and Lord Maior of London for the time being or any two of them And whereas by a Provisoe in the said Act One fourth part of the said Imposition was appointed to be imployed by the like Warrants for the Rebuilding the Cathedrall Church of St Pauls by which meanes the Fabricke of the said Cathedrall hath beene considerably advanced Now soe it is that the said fourth part haveing beene deducted the remainder of the said Imposition will by Estimate fall short of finishing all the said Parochiall Churches soe that foure of the said fifty one Churches may remaine unbuilt and the Towers of some other Churches not perfected To the end therefore that the said Parish Churches appointed by name in the said Act to be Rebuilt may have due benefit of the said Imposition upon Coals Bee it Enacted by the Authoritie aforesaid That it shall and may be lawfull for the said Lord Arch-Bishop of Canterbury the Lord Bishop of London and Lord Maior of London for the time being or any two of them to appropriate by Warrant under their Hands and Seales such part of the Imposition granted by this Act as shall in their Discretions seeme sufficient for the compleating of any the said Parochiall Churches that may happen to remaine unfinished at the Expiration of the aforesaid Act made in the Two and twentyeth yeare of King Charles the Second soe as the same doe not in any one yeare exceede one Fifth part of the Imposition granted by this Act And when the said Churches shall be competently finished then to apply and appropriate the whole Remainder of the said Imposition to the Rebuilding of the said Cathedrall of Saint Pauls and to noe other use nor purpose whatsoever.

XIII. Not to extend to One hundred Chalders of Coals yearly to Chelsea Hospital.

Notice by Mayor, &c. of Newcastle to Archbishop, &c. of Delivery of such Coals.

Provided That this Act nor any thing therein contained shall not extend or be construed to extend dureing the continuance of this Act to charge or lay any the Duties or Impositions aforesaid upon a certaine yearely Rent or Allowance of One hundred Chalders of Coals which are to be answered and delivered by the Maior and Burgesses of Newcastle upon Tyne for the use of His Majestyes Royall Hospitall now in Building in or neare Chelsea in the County of Midlesex for a certaine long terme of yeares yet to come (the said Maior and Burgesses for the time being or their Agents giveing notice from time to time dureing the continuance of this Act to the Lord Arch-Bishop of Canterbury Lor ( (fn. 3) ) Bishop of London and Lord Maior of London or any Two of them of the intended delivery of such Coals for the use aforesaid three dayes at the least before the delivery thereof) any thing before herein contained to the contrary notwithstanding.