THE "SALT-PETER-MAN."

(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.

Notes and Queries, Number 187, May 28, 1853 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 64 / 144 题