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April 1853
May 1853
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In a book said to be an address by Lord Coke at Norwich Assizes
in 1607, there is printed a "Discoverie of the Abuses and Corruptions
of Officers". Part of this was reprinted in the Victorian journal 'Notes
And Queries,' in 1853. One of the officers referred to is the "Salt-peter-man",
which generated some correspondence as to this officers role. The following
is extracted:
7 May 1853
THE "SALT-PETER-MAN"
Your correspondent J.O. asks for information of his notes respecting
the "salt-peter-man," so quaintly described by Lord Coke as a troublesome
person. Before the discovery and importation of rough nitre from the
East Indies, the supply of that very important ingredient in the manufactury
of gunpowder was vey inadequate to the quantity required; and this country
having in the early part of the seventeenth century to depend almost
entirely upon its own resources. Charles I issued a proclamation in
1627, which set forth that the saltpetre makers were never able to furnish
the realm with a third part of the saltpetre required, especially in
time of war. The proclamation had reference to a patent that had been
granted in 1625 to Sir John Brooke and Thomas Russel, for making saltpetre
by a new invention, which gave them power to collect the animal fluids
(ordered by the same proclamation to be preserved by families for this
purpose), once in twenty-four hours in summer, and in forty-eight hours
in winter. This royal proclamation was very obnoxious and inconvenient
to the good people of England, increased as it was by the power granted
to the saltpetre makers to dig up the floors of all dove-houses, stables,
cellars, &c., for the purpose of carrying away the earth, the proprietors
being at the same time prohibited from laying such floors with anything
but "mellow earth," that greater facility might be given them. This
power, in the hands of men likely to be appointed to fulfil such duties,
was no doubt subject to much abuse for the purpose of extortion, making,
as Lord Coke states, "simple people believe that hee (the salt-peter-man)
will, without their leave, breake up the floore of their dwelling-house,
unless they will compound with him to the contrary." The new and uncertain
process for obtaining the constituents of nitre having failed to answer
the purpose for which the patent was granted, an act was passed in 1656,
forbidding the saltpetre makers to dig in house or lands without leave
of the owner: and this is the point to which the learned commentator
of the law, in his Discoverie of the Abuses and Corruption of Officers,
alluded, when "any such fellowe if you can meete with all, let his misdemenor
be presented, that he may be taught better to understand his office."
In england, up to about the period when these curious acts of parliament
were passed, the right of all soil impregnated with animal matter was
claimed by the crown for this peculiar purpose; and in France the rubbish
of old houses, earth from stables, slaughter-houses, and all refuse
places, was considered to belong to the Government, till 1778, when
a similar edict, to relieve the people from the annoyances of the saltpetre
makers, was made.
I.DECK. Cambridge.
28 May 1853
THE "SALT-PETER-MAN"
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 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; but 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 in 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 country,
and the foreign gunpowder far worse conditioned and less forcible than
that which is made in England.
"3. Divers foreign estates had of late 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 thoses oppressions and exactions exercised
upon the people, under the colourable authority of commissions granted
to salt-peter-man; 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 leave first obtained or had. (Scobell,
377.) This is the act referred to by BROCTUNA ("N&Q,"
30 April 1853), and by my friend MR. ISAIAH
DECK ("N&Q," 7 May 1853), 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
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 praemunire.
C.H.COOPER. Cambridge.
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