The Hartlib Papers

Title:Draft Act In Scribal Hand B, On The Making Of Saltpetre
Dating:undated
Ref:71/11/2A-7B: 6B, 7A, 7B BLANK
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<left margin, H: A Copie of the Draught of an Act of Parliament for the making of a Corporation of Saltpeeter-makers in England Ireland and Dominion of Wales to Sir William Luckin Mr Ioyner and others.>
     An Acte for a new way of making Salt Peeter for the
     Generall ease and benefite of the Kingdom by
     certaine Persons thereby authorized to make the same
   Whereas divers Complaints have beene formerlie & in the begining of the present Parlliament made from sundry sheires of this Realme of the great greivance & continuall vexation of Salt Peetermen In soe much That for the obeying & making of Salt Peeter necessarie for the defens of the Kingdom the dwelling houses Cellars, mault Houses dove Houses, Barnes stables and other out Houses of his Majesties Loving Subjects have beene digged upp to their great trouble[altered], and prejudice, as allsoe their Carts and carriages taken and compelled to carry the Peeter and the vtensells[altered from protensells] of the Peeter men from place to place, and that sometimes far remote, and offten in harvestt, and other unseasonable times to the great charge trouble and vexation of the subjects, which could not hetherto bee avoided And wheras Sir William Luckine Barronet, Francis Joyner & william Hide <H: Esquire> & their Parteners have propounded to the Lords and Commons[H capitalises] in this present Parlliament assembled. A new way of enriching Earth with seuerall[altered] matterialls and Ingredients which have not heretofore used, & doe undertake therby[altered] to make such a plentifull proportion of Salt=Peeter as that thereby (noe unavoydable impediment happeing) thie will yearlie furnish his Majestie and the Kingdom with 300 Tun of good Refined Salt=Peeter, And which 200 Tunns more upon warning given (that necessitie soe requires) without any charge trouble or vexation to the subject as formerly it hath beene, which work they will at their owne proper costs and charges, Erect and maintaine. Now the Lords and commons in this present Parlliament assembled taking[H alters from take] in to their most serious & provident considerations the necessitie of having sufficient store of Salt Peeter for the making of Gun Powder, as well for the supply of his Majestie Navy Royall and other the shiping of his Loving [catchword: subjects]
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subjects, As alsoe for the defence strength saffty and defense of his Matjesties people and Kingdome And waighing how great a blessing of Almighty[H capitalises] God it would bee unto this Realme to have a sufficient quantitie there of within his Majesties owne dominions without the uncertaine and hazardous dependancie uppon forraine Princes or states and likwise for the ease off his Majesties subjects from the greivance they now beare and for[altered] their [word deleted] future benefit:
2    Bee it enacted by the Kings most excellent Majestie and by the Lords & Commons in this Present Parlliament That the said sir will: Luckin, Francis Ioyner and will. hide their partners ans succesors shall have free and full Power to make Salt=Peeter throughout his Majesties Kingdoms of England and Ireland and dominion of walles according to their new way propounded, And likewise to erect and sett upp soe many workes within the said Kingdom of England and dominion of Walles as shall bee for the necessarie accomplishment of this great service, And that it shall and may bee lawfull to & for the said sir william Luckin Francis Ioyner and william Lide and their Partners their successours and assignes at ther owne proper cost and charges to carry Transport and convey the severall quanties of Salt Peeter soe by them made into the severall Magazins or storehouses within the Port Towns of London Bristoll Kingston upon Hull Southampton & West-chester, And dublin in the Kingdom of Ireland & there reserved freelie to deliver the same to his Majesties subjects at the rattes of 92 lib sterling per Tun provided allwaies that when the said workes shall wholly <H: be fully> sett up, the said sir william Luckin Francis Ioyner william Lyde their Partners and associats shall beginne and soe from time to time continue to make the said quantitie of refined Salt-Peeter and the same to carry and convey <H: to> the severall Magazins beffore mentioned by which meanes the Salt-Peeter and the same to carrie by them <H: made> may bee <H: better> dispersed abroade at the lesse Costs [Catchword: of]
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off the subjects into Ireland and other partes of his Majesties dominions and Kingdoms, And for the advancement of this service soe usefull and needfull for the safety and defence of his Majesties Realmes and domminions.
3    Bee it further enacted by authoritie afforesaid that all <H: Silver Smiths,> Refiners stillers of Corasive watters, Inkeepers, dyers, winteners, Barberes[H alters from Barbores], Butchars, Victullers, Allhouses, Tipping[altered] houses Slaughter Houses and Tobaco shops of and in every Citty Towne Corporatt Market Townes, and any other great Towne or Thoroghfaires[altered] and such <like> places of resort throughout the said Kingdoms & dominions which one his Majesties behalfe shall by a proclamation for that purpos bee required, shall from time to time save their refuse-watters of their aquaforteses togeather with their corodeing and mortified[altered] watters and alsoe their Diers[H alters from Divers] Liquors formerly cast away [3 words deleted] <H: the parings sweepings> of all their severall Houses, Haire and all such things as shall be (affter notice given by the Proclamation afforesaid) found as well advantagious for the workes as a [word deleted] <H: nuisance> to themselves or neighbours in some fit vessells to bee for that purpose by the said sir william Luckin Francis Ioyner william Hyde[H alters from Lyde] & their Partners and their successors to some convenient <left margin, H: or their Assignes> Provided To bee carried easily away daily (if needes soe require) by the poore people of their owne Citties and Townes at the Charges of the said Sir william Luckin Francis Ioyner william Hide[H alters from yde] & their partners and their Successors to some convenient place or places neare to those said Citties and Townes.
4.   And for the better proceeding herin; But <H: bee it> enacted by the <H: Authoritie> afforesaid & by the vertue of this Acte The Lord chancellor or Lord keeper for the time being shall issue forth Proclamations passed printed and <left margin: And> dispersed Gratis through his Majestie domminions and without any charge to the undertakers with a declaration, thereby appoynting the time when the Persons chargeable in this Act[H capitalises] shall beginn to keepe all such matterialls [such man as] <H: or nuisances> as by the Proclamation [catchword: shall bee]
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shall bee expressed as allso what tyme [2 words deleted] <H: every day> the said matterialls shall bee taken from them, And likwise upon further information given by the said Sir William Luckin Francis Ioyner william Hide[H alters from Lide] their Parteners or their Associates[H capitalises] of other additions and helps needfull for the ingendering of Salt Peeter and whereby Salt peeter hath is and may bee made the said additions and helps shall by vertue of this present Acte[altered] bee inserted into the said Proclamation, and thereby bee declared and allowed as necessarie supplements to soe needfull a service, which declarations soe made by the said proclamation shall bee and by vertue of this Act is now judged to bee, of as full force and validitie, as that <H: if> the said addition and supplements had beene herin expressly nominated and ordaind Provided allways.
5.   That the said additions and supplements bee noe wayes chargable to the subjects[altered] and bee it further ordained <H: enacted>, That the said Sir William Luckin Francis Ioyner William Hyde[H alters from Lyde] and their succesors shall have power to make choyce of some place or places, in or neer high wayes comons or wasts for setting up of their said workes with most conveniencie Provided allwaies that in casse any of the said works should happen necessarilie to entrench upon any private mans grounds close adjoyning to the highwaie (the orchards, garden houses, yeards, hopp grounds, hemp plottes and backsides of any man excepted) not exceeding a quarter of one acre in bredth and in length as the worke or workes shall require[altered]. That then a full sattisfaction shall bee given to the partie by an yearlie Rent agrreed upon by the mutuall consent of the said parishes <H: parties> or owners and the said Sir William Luckin Francis Ioyner william Heyd[H alters from Leyd] and their Parteners and Successors, But if it bee <H: soe> that any <H: no> such voluntarie agreement <H: can bee> made by the Parishes <H: Parties> afforesaid, that then then the Sheriffe[altered] of the County[H capitalises] wherin such differences shall by shall by vertue of this Act have power and authoritie and upon request made to him by the said Sir William Luckin Francis Ioyner[altered] [catchword: when hide]
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Hide[H capitalises] and their succesors or Assignes shall such with <H: forthwith> by a Iurie by him <left margin, H: impanelled> enquier and sett downe an equall sattisfaction for the said ground which said ground the Jurie[H alters from ?] shall forth with limit and bound out,
6.   And wheras the continuall Imployment in this Service requires the continuall attendance of such as are to bee imployed herin, Bee it therfore further enacted on <H: by the Authoritie> afforesaid that all such as shall be [word deleted] nominated[H alters from ?] in this Act and Corporation shall bee free from bearing any office in any of his Majesties said Kingdoms and all other services wherby this necessarie worke may bee hindred or interupted, And in regard there will bee necessarilie required (besides the charge of preparing the earth with severall Ingrediments (making of it readie for Salt Peeter) vessells for the making of the liquours out of the Earth, Furnaces, Panns, Sutlers, Coolers Fuell, and worke mens labours for the boiling upp of the liquours, and ashes to Clense the same beffore it can <H: can> bee made into Salt Peeter and Cask [word deleted] <H: to receave> the same being soe made.   [left margin : 7.] Bee it therefore further enacted by the authoritie afforesaid that noe manner of Imposition[altered], Tithe Custome or charge bee required or received in any part of his Majesties said Kingdoms or dominions of the said Sir William Luckin Francis Ioyner and william Hide[H alters from Lide] and their partners their successors or Assignes for such necessarie and materiall thinges as they shall have use and need off for the performance of this service And likwise that the said Sir Luckin Francis Ioyner william Hide and thence partners and thier successors or whome thie depute or[altered] use bee <H: vse to> that purpose, shall have free libertie to buy and receive such, and soe much cask as shall bee needfull for the service afforesaid paying therfore 2:s in a Tunn above the Kinges price And likwise that the said Sir William Francis Ioyner william Hyde and there partners and their successours or their Agents shall have the like benefit of Ashers <H: ashes> as the [catchword: new salt]
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Salt-Peetermen have or have had had vizt 12 myles compasse about the places wheire they pitch their workes paying for the said Ashes according to the vsuall[H alters from usuall] [H: prises] thereof, And in case any Refractarie[altered] people shall refuse to gaine <H: giue> leave or any wayes willfully hinder the making or getting such necessaries and needfull helpes named[H alters from ?] in this Act or proclamation thervnto[H alters from therfore] leading advantagious to the said workes and noe wayes chargable to any, out of obstinacie or carelessnes, or shall refuse bee <H: to> sett there Cask at the price afforesaid; That then for the better proceeding of the said worke that noe hindrance may[H alters from maie] come there of, anie two Iusticies of the peace of the said Countie[H capitalises], where any such willfull stopp hinderance or refusall shall happen, shall have full powre and authorized to judge thereof, and to determine therin and respectively[H alters from ?] inflict condigne[altered] punishment upon the offenders as enemmiers to the common good and molestors and hinderers of soe needfull a worke, And whereas much fuell of all sorts is requisite for this worke and that a way soe happen that some of the said workes may bee errected and pitched neare or [word deleted] <H: within> the midle of this Kingdome farr remotte, where Collepits are, or where Colles away <H: Coales may> reasonably bee had. [left margin: 8.]   Be it therefore enacted by the authoritie aforesaid That the Said Sir William Luckin Francis Ioyner and william Hyde[H alters from yde], and there partners and their succesors shall have free power and libertie to digg and Cut Turffe, peace, Rootes, Furrs and Ferne within any of his Majestie Forrests and Chases[H capitalises] / <left margin, H: and the same to take and carry away vnto the said works if it shal soe happen that any of the said Workes or boyling vessels shall bee pitched in or within 2 miles of the said forrests and chases> and not otherwise and whereas there will be some time for the making of Salt peeter according to this new way both in gattering the matterialls containing <H: planting> severall workes in every <H: several> sheires and in perfecting the same beffore such time as it can bee made full 500 Tunns of Salt Peeter for the Kingdoms expence and being not saffe for the Kingdom in the meane while to lay downe a [word deleted] <H: the old and> knowne way of making and getting of [catchword: salt]
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Salt Peeter for that <the> Kingdom may suffer much prejudice thereby and soe unfurnished of salt peeter <H: bee vnfurnished of saltpeeter and soe> consequently of Powder. [left margin: 9.]   Bee it therefore enacted by the Authoritie afforesaid That after the said Sir William Luckin Francis Ioyners william Hid and there partners and successors or Associates shall give notice to the effect present Parlliament or to the Barrons of his Majestie Exchequer that thier said workes are perfected that then affter 3 months next affter such notice given as afforesaid noe houses, dovehouses Cellars, Stables outhouses or any other places whatsoever, by vertue of any acte, Commission or Authoritie soever here graunted or to bee graunted shal bee wrought or digged for the makeing of salt Peeter, nor any [word deleted] <H: Carts> Carriadges, Provision, or any other matterialls whatsoever shall bee taken upp for that service, by any Act commission or Authertie <H: Authoritie> whatsoever. And whereas the said Sir william Luckin Francis Ioyner william Hide their parteners, and their Associates have taken uppon them the wholle, and great charge of setting upp the severall workes throughout his Majestie Domminions aforesaid amounting to the sume of 20000lb at least, And for the better ordering of the said workes that are to bee sett up by the said undertakers their successours and associates[altered] for the making of 500 Tuns of Salt Peeter yearly and for the govering of the many workmen, and poore which must bee employed therein:   [left margin: 10.] Bee it likwise enacted by the authoritie of the present Parllment that the said Sir William Lukin Francis Ioyner and William Hide their Parteners and their successours and soe many <H: as by them> from time to time shall be thought fitt to bee joyned with them to the number of 52 bee a perfect Corporation by vertue of this present Act without any other graunt or confirmation and shall have and enjoy all such power and authoritie for the governing [catchword: of]
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<top margin: unto> Governing of the said workes and persons afforesaid and to elect all such Governors and officiers necessarie for their corporation and the like advantages and Prieveledges as otheir corporations enhave and enjoy, which <left margin, H: with> the like advantages and Preiveledges as other Corporations have and enjoy and that in as full and ample manner to all intents and purposes as that <H: if> every branch or clause thereof were herin particulerlie mentioned and expressed.   [left margin: 11]   And bee it further enacted by the authoritie afforesaid That it shall not bee lawfull for any Person or Persons whatsoever within the realme of England Ireland and dominions of Walles, to follow use or practise this new way of Enriching Earth with the said refusse of the said aqua fortises or any other Coroding or mortified[H alters from ?] watters and diers liquors sweepings parings of houses, hayre or anie other materrialls or Ingredients[H alters from Ingrediments] mentioned in this Act or to bee mentioned in the Proclamation threunto leading, which have not beene formally soe used for the good benefit and easse of his Majesties subjects in the Realmes and dominions which the said Sir William Luckin, Francis Ioyner William Hyde[H alters from Lyde] and ther partners their successors or Assignes doe or shall follow use or practise, some <H: save> only such as are of the said Corporation uppon payne of forfeyture[H alters from ?] of the Salt Peeter soe by them made the one moyty of all such forfeitures to the Poore People inhabiting within the parish or parishes where such Salt Peeter shall bee mad soe at any time made, and the other invitie <H: moitie> to him or them of this corporation that that shall Sue for the same by action of debt Bill [word deleted] <H: Plaintie> or Information in any of his Majesties <H: Courts> of Record wherin noe Essoine Protection Preiveledge or wager of law shall bee allowed to the deffendant:
12   And bee it further enacted by the authoritie afforesaid that [word deleted] <H: when>soever the said Sir William Luckin Francis Ioyner and William Hyde & there partneres their succesors, and assignes # [bottom of 71/11/6A, H:] shal make a greater quantitie of Salt-peeter then the King or Kingdom shal necessarily vse or need it shal and may bee [lawful?] to and for the said Sir L. & their Partners successors and Assignes Paying paying 40s: in a Time [catchword: Custome]
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Custome to transport the overplus unto such Forraine [Pames]? <H: Princes> or States as are in League with his Majestie.
Provided allwayes that whensoever the said Sir William Luckin Francis Ioyner William Hyde and their parteners or their successors affter they have errected or set upp soe maine workes in his Majesties said Kingdoms and dominions as shall bee necessarilie for the accomplishment of this service shall faile in the yearly making the said 500 tunnes of Salt-Peeter in manner and forme afforesaid noe unavoidable impediment happning[altered], That then the said Corporation now in this Acte graunted unto the said Sir William Lukin Francis Ioyner William Leyd and their parteners and ther successors shall cease and bee utterly voyd[altered] this Acte or anything herin conteyned to the contrarie in any wise not withstanding Provided alsoe that it shall bee lawfull for all merchants <H: whatsoever> to bring in and importe into his Majestie Kingdomes and dominions from the East Indies and Barbaria and from none other place or places any quantities of Salt Peeter and freelie to dispose thereof for their best advantage <H: any thing> in this present Acte conteined to the contrarie in anie wise not withstanding.