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.
C. H. Cooper.
Cambridge.