(Vol. vii., pp. 377. 433. 460.)
The statute against monopolies (21 Jac. I. c. 3.) contains a clause (sec.
10.) that its provisions should not extend to any commission grant or
letters patent theretofore made, or thereafter to be made, of, for, or
concerning the digging, making, or compounding of saltpetre or gunpowder,
which were to be of the like force and effect, _and no other_, as if that
act had never been made.
In the famous "Remonstrance of the State of the Kingdom" agreed upon by the
House of Commons in November, 1641, there is special allusion to the
vexation and oppression of the {531} subject by purveyors, clerks of the
market, and saltpetre men. (_Parliamentary History_, x. 67.)
Shortly afterwards was passed an act (which obtained the royal assent)
giving liberty for importing gunpowder and saltpetre, and for making of
gunpowder. The preamble asserts that the importation of gunpowder from
foreign parts had of late times been against law prohibited, and the making
thereof within this realm ingrossed; whereby the price of gunpowder had
been excessively raised, many powder works decayed, this kingdom very much
weakened and endangered, the merchants thereof much damnified, many
mariners and others taken prisoners and brought into miserable captivity
and slavery, many ships taken by Turkish and other pirates, and many other
inconveniences had from thence ensued, and more were likely to ensue, if
not timely prevented. (17 _Car. I._ c. 21.)
Lord Clarendon, in reviewing the various "important laws" of the Long
Parliament to which the king assented, makes the following observations
with reference to this particular act:
"'An Act for the free making Saltpetre and Gunpowder within the
Kingdom:' which was a part of the prerogative; and not only
considerable, as it restrained that precious and dangerous commodity
from vulgar hands; but, as in truth it brought a considerable revenue
to the crown, and more to those whom the crown gratified and obliged by
that license. The pretence for this exemption was, 'the unjustifiable
proceeding of those (or of inferior persons qualified by them) who had
been trusted in that employment,' by whom, it cannot be denied, many
men suffered: but the true reason was, that thereby they might be sure
to have in readiness a good stock in that commodity, against the time
their occasions should call upon them."--_History of Rebellion_, book
iii.
On the 3rd April, 1644, the Lords and Commons passed an ordinance for the
making of saltpetre, &c. This was grounded on the following allegations:
"1. The great expence of gunpowder, occasioned by the then war within
his Majesty's dominions, had well near consumed the old store, and did
exhaust the magazines so fast, that without a larger supply, the navy
forts and the land armies could not be furnished.
"2. Foreign saltpetre was not in equal goodness with that of our own
country, and the foreign gunpowder far worse conditioned and less
forcible than that which is made in England.
"3. Divers foreign estates had of date prohibited the exportation of
salt-peter and gunpowder out of their own dominions and countries, so
that there could be but little hope or future expectation of any peter
or powder to be brought into this kingdom, as in former times, which
would enforce us to make use of our own materials."
From these circumstances, it was held most necessary that the digging of
saltpetre and making of gunpowder should by all fit means be encouraged, at
that time when it so much concerned the public safety; nevertheless, to
prevent the reviving of those _oppressions and exactions_ exercised upon
the people, under the colourable authority of commissions granted to
_salt-peter-men_; which burden had been eased since the sitting of that
Parliament. To the end there might not be any pretence to interrupt the
work, it was ordained that the committee of safety, their factors, workmen,
and servants, should have power and authority, (within prescribed hours) to
search and dig for saltpetre in all pigeon-houses, stables, cellars,
vaults, empty warehouses, and other outhouses, yards, and places likely to
afford that earth.
The _salt-peter-men_ were to level the ground and repair damage done by
them; or might be compelled to do so by the deputy-lieutenants, justices of
the peace, or committees of parliament.
The _salt-peter-men_ were also empowered to take carts, by the known
officers, for carriage of the liquor, vessels, and other utensils, from
place to place, at specified prices, and under limitations as to weight and
distance; and they were freed from taxes and tolls for carriages used about
their works, and empowered to take outhouses, &c., for their workhouses,
making satisfaction to the owners.
This ordinance was to continue for two years, from 25th March, 1644.
An ordinance of a similar character was passed 9th February, 1652, to be in
force till 25th March, 1656 (_Scobell_, 231.).
By an act of the Lord Protector and Parliament, made in 1656, it was
enacted that no person or persons should dig within the houses or lands of
any person or persons of the commonwealth for the finding of saltpetre, nor
take the carriages of any person or persons for the carrying of their
materials or vessels, without their leave first obtained or had.
(_Scobell_, 377.) This is the act referred to by BROCTUNA ("N. & Q.," Vol.
vii., p. 434.), and by my friend MR. ISAIAH DECK ("N. & Q.," Vol. vii., p.
460.), though I am not certain that MR. DECK'S inference be correct, that
this act was passed in consequence of the new and uncertain process for
obtaining the constituents of nitre having failed; and it is quite clear
that Lord Coke could not have referred to this act. The enactment referred
to is introduced by way of proviso in an act allowing the exportation of
goods of English manufacture (_inter alia_, of gunpowder, when the price
did not exceed 5l. per cwt.).
Allow me, in connexion, with this subject, to refer to Cullum's _History of
Hawsted_, 1st edition, pp. 150. and 151., also to the statute 1 Jac. II. c.
8. s. 3., by which persons obtaining any letters patent for the sole making
or importing gunpowder are subjected to the pains and penalties of
præmunire.