February 1653: An Act For making Salt-Petre.

Feb., 1653

[9 Feb., 1652/3.]

The Parliament taking into consideration how necessary it is, in this time of War, to have a constant and certain supply of Gunpowder for the supply of the Armies and Navies imployed for the defence and safety of this Commonwealth, finde it requisite, That the digging of Petre and making of gun-powder, be by all good ways and means encouraged; Be it therefore Enacted and Ordained, and it is Enacted and Ordained by this present Parliament and Authority thereof, That such person and persons as shall be from time to time nominated and allowed by the Parliament or Councel of State for the time being, their Factors, Workmen and Servants, shall have power and authority, and are hereby impowred and authorized to dig for Salt petre, in all Stables, Cellars, Vaults, Ware-houses, and other Out-houses, Yards, and other places not paved nor planked, like to afford that Earth, at fitting seasons in the day time; viz. From half an hour after Sun-rising, to one hour before Sun-setting; and shall dig in Pigeon-houses likely to afford such Earth, from eleven of the clock until three in the afternoon, and no longer in any one day. And be it further Enacted by the Authority aforesaid, That where any Floor, Earth or place, shall be broken up or opened by the persons authorized as aforesaid, That the Salt-petre-men imployed there in that work, shall with all speed, and before Liquor, Materials and Utensils be removed from the place, at their own costs and charges, make, lay down and repair, the floors and planks so broken up and opened, in good and sufficient order to the content of the owner, and also repair and make good any damage that shall be done by them: And if the said Salt-petremen shall neglect or fail within Fourteen days to make, lay down or repair the same, That then, upon complaint made by the party or parties injured, unto any one Justice of the Peace of the said County, or chief Officer of the Corporation where the Offence was committed, such Justice of the Peace or chief Officer, shall and may send for the person and persons so offending, and upon Oath to examine the Offence, and Witnesses concerning the same; and if the Offence shall be proved, then the Offender or Offenders shall be committed to the common Goal, and lie at his own charge without Bail or Mainprize, until he or they have made satisfaction unto the person or persons injured, for all such monies as shall appear upon Oath before the said Justice of the Peace, he or they have necessarily laid out in the laying down, making or repairing of such Floors, Earth or place, opened and broken up as aforesaid, together with such damages as he or they have sustained, which shall be ascertained by the said Justice of the Peace to whom complaint shall be made as aforesaid. And forasmuch as the Salt-petre-men for the service of the State, are to bring in a proportion of Salt-petre weekly, which they can in no wise do if they should be denyed to dig and work for Salt-petre, which is hoped no well-affected persons will do; Yet for the more effectual carrying on of the said work, Be it Enacted and Ordained by the Authority aforesaid, That in case any person or persons whatsoever, shall hinder or refuse to suffer the Salt-petre-men, allowed as aforesaid to dig and work for Saltpetre, according to the Rules and Limitations before mentioned, that upon complaint thereof made to any Justice of the Peace of the County or place where the Offence is committed, such Justice of the Peace shall and may send for such person or persons, and examine the truth of the complaint upon Oath, and give order concerning the same; and if such person or persons notwithstanding shall hinder, or refuse to suffer the said Saltpetre-men to work, That then such person or persons shall be bound over to the next Sessions of the Peace, there to answer his said contempt, and to be proceeded against by way of Indictment upon this Act; and upon conviction shall be Fined according to the quality of the Offence. And it is likewise Enacted and Ordained by the Authority aforesaid, That the said Salt-petre-men, for the carriage of Liquor, Vessels, and other Utensils from place to place, and delivering of the Salt-petre, where the same shall be made into Gunpowder, or unto such place or places as the Parliament or Councel of State shall appoint; it shall be lawful for the Salt-petre-men to demand and take Carts or Carriages, by the High-Constables, Constables, Tythingmen, Headboroughs, and other known Officers, who are hereby required from time to time to be aiding and assisting in the said service, and to press no more Carts and Carriages then shall be necessary for the said Service, so as the lading shall not exceed Twenty hundred Weight, and the Journey not exceed seven Miles by common estimation; for carriage whereof, The Owner shall be paid after the Rate of Twelve pence by the Mile, by the Salt-petre-men imployed as aforesaid, at the first setting out and beginning of his Journey. Provided, That no Cart or Carriage be prest or taken up for this service, but such as belong to persons dwelling within two Miles of the place where the said lading is to be taken up; and the said Salt-tetre-men are likewise to be freed from all Tolls demandable for any of their carriages used about their said Works. And it is further Enacted and Ordained by the Authority aforesaid, That such Salt-petre-men as shall be allowed as aforesaid, shall and may take and draw water fit for their said Works, out of any River, Spring, Pond, Brook, Well, Pump or Conduit, without any let or molestation of any person or persons whatsoever. And forasmuch as Abuses have been formerly done to the country, by discharging for money or rewards, carts and carriages prest for the Publique service, and by forbearing to dig in such places, and to work such earth as is fit to make Saltpetre; Be it therefore Enacted and Ordained by the Authority aforesaid, That if any person imployed as aforesaid, or imployed in or about the impressing of Carts or Carriages, do or shall, from and after the First of March, One thousand six hundred fifty-two, take any Money or Reward, directly or indirectly, to free or discharge any Cart or Carriages, he or they shall forfeit and pay Forty shillings for every such Offence, whereof one moyety shall be distributed to the Poor of the Parish where the Offence was committed, and the other moyety to him that shall prosecute for the same, besides his reasonable costs and charges expended in such Suit; and if any person or persons authorized as aforesaid, their Factors, Agents, Servants or Workmen, shall take or receive any Moneys, Reward or Gift directly or indirectly, to forbear to dig in such places, and to work Salt-petre in any Floor or Place, in which they are authorized to work by this Act, That then such Offender shall forfeit and pay Five pounds for every such Offence, the one moyety to the Poor of the Parish where the Offence was committed, the other moyety to the person or persons who shall sue for the same, by any Bill, Plaint or Information, besides his reasonable Costs and Charges in the prosecution of such Suit; which Suits shall or may be prosecuted before the Justices of the Peace at their General Sessions of the Peace, and the sums there adjudged shall be levied by their Warrant, by distress or sale of the Offenders Goods, rendring to the Owner the overplus: And if the person or persons so offending shall not be able to make satisfaction, That then he or they shall be committed to Prison, there to remain for six Moneths, without Bail or Mainprize. And be it further Enacted and Ordained by the Authority aforesaid, That all Sheriffs, Majors, Bayliffs, Justices of the Peace, Constables and other Officers, are hereby required to be ayding and assisting, as need shall require, to the persons that shall be imployed for the making of Salt-petre by vertue of this Act, in the lawful prosecution of the Powers committed to them by this Act, Provided, That no Action shall be brought or Suit commenced, for or in respect of any Offence committed by any person imployed by vertue of this Act for making of Salt-petre, unless the same Action be brought or Suit commenced within twelve Moneths after such Offence committed, Provided, That nothing in this Act contained, shall extend to give liberty to any person imployed by vertue of the same, to dig in any House or Ground imployed or used for making of Gunpowder, or by any special Art designed and prepared for breeding or making Salt-petre. Provided, That this Act shall be in force until the Five and twentieth day of March, which shall be in the year of our Lord, One thousand six hundred fifty six, and no longer.