Reason's why the Bill against the Customary Tenth of Lead Oar gotten within the County of Derby should not pass in the Honourable House of Commons. THe main Reasons suggested by the Minors for the passing of this Bill, is, That the paying of this Customary Duty of the Tithe or Tenth of Lea●… Oare, washed and cleansed from earth and Rubbish, being allowed only one penny for the washing of every tenth Dish or Measure, will discourage the Minors from working, and that this Duty is but lately exacted from the poorer sort of Minors. Both these Suggestions are merely untrue, as by the Reasons following may appear. 1. FIrst this is an ancient customary Duty, and hath time out of mind been paid in the high Peake and all other places where Led Oar hath been gotten in that County to the several Ministers and Proprietors in right of their Churches, as may appear by Deeds without Date, ancient Accounts and Leases, in the several Reigns of E. 2. E. 3. R. 2. H. 6. E. 4. H. 7. H. 8. E. 6. and since by depositions of witnesses until this time. 2. The Ministers and Proprietors of the said Customary Tithe, or Duty of Lead Oar in that Country have paid and do pay to his Majesty first Fruits and other Duties accordingly, for this Customary Duty of Tithe Oare, in particular, as by their several compositions in the first Fruits Office shall appear. 3. The King hath always had and hath an ancient Officer over the Mine, called a Barre-Maister, whose Office amongst other things is to see this ●uty paid, as appears by Record in the Duchy. 4. Of late time some Minors being encouraged by men of great power, for their own particular interest have denied to pay this ancient Duty. 5. Upon which denial a Bill was exhibited into the Exchequer Chamber for a Proprietor of this Duty, and a Decree thereupon obtained upon f●ll Hearing against the said Minors, and another Bill was exhibited into the Court of Wards in right of a Ward, Farmer to the Dean and Chapter 〈◊〉 Lichfield, where the Possession of this Duty was established likewise by Injunction of that Court against the Minors. 6. The Minors upon the same pretence which they now allege in this Bill in Parliament obtained Order at the Counsel Table to retain the said Cause there, and to stay all further proceedings at Law: And their Lordships after several Hear at the Council Table, referred this Cause to a Trial at the Common-pleas Bar, which accordingly was had, and after full and long Evidence given of both Parties, the Verdict passed against the Minors in Easter Term, 1620. 7 The Minors not yet satisfied obtained of their Lordships to have a second Trial at the same Bar of the Court of Common Pleas, which also was had, and after full and long evidence again given of both Parties, another Verdict passed against the Minors for the Proprietor of the said customary Duty, in Michaelmas Term, 1620. 8. His Majesty then being petitioned in this Cause, referred the consideration of it to the Right Reverend Father in God, the Lord Archbishop of Canterbury, and Right Honourable the Lord Precedent of the Council, who after full Examination of all former proceedings had in this Cause in july 1621. certified his Majesty that they thought fit that the said Tithe or customary Tenth of Lead Oare should be established according to the said too Trials at Law, and the said Decree had in the Exchequer. 9 His Majesty again referring the whole Business concerning the Tithe or customary Tenth of Lead Oar unto the Council Table: their Lordships upon due consideration taken of all former proceedings in the Cause, did by their Order of the 5. of October 1621. clearly dismiss and discharge the whole Cause concerning the said Tithe or Tenth of Lead Oare, from the Board, and left it to the full fruition and benefit of the Law, with this Direction, that because the Proprietors and Owners of the said Tithe or Tenth had received loss by being stayed at the Board upon pretence from the Minors of some point of State which their Lordships there declared to be otherwise. Therefore their Lordships in an Honourable respect of them the said Ministers and Proprietors, did wish that they might have all the speed and expedition that the Law in justice might afford them, as by the said Order may appear. 10. Since which dismission two several Bills were exhibited into the Chancery touching the right of the said Tithe or Tenth of Lead o'er; whereupon after examination of Witnesses and Publication of the Depositions, and other due proceedings, two several Decrees were made in the said Court against the Minors, the one in Michaelmas Term, 1622. and the other in Michaelmas Term last passed. 11. During the Dependency and continuance of all which Suits and contentions, the Minors in the Parishes where, and when great men meddled not, did all the time of these Suits, and still do constantly pay the said Tithe or Tenth of Lead Ore. 12. The Lords of the Soil and their Farmours have two several Duties from the Minors, the Cope which in some places is four pence, and in others six pence for every Load, and the Lot which is every thirteenth Dish, for which the Lords are to allow the Minors Wood for their Groves, or holes where they get their Oar, as by the custom of the Mine appears, which allowance the Lords of the Soil of late have refused to make the Minors, in recompense of which loss they are ready to further the Suit against the Ministers and Propriators of the Tithe or Tenth. By all these proceedings it appears that in point of Law the Title is cleared against the Minors in Law, by the two Verdicts: in point of equity it is likewise clear against them, by the several Decrees in Courts of equity, one in the Exchequer Chamber and two in the Chancery, and for matter of State, it is also cleared by the Order and proceedings of the Council Table. Therefore this being the Inheritance of the said Ministers and Proprietors; and having in a manner passed all the Courts of justice at Westminster and the Council Board, they hope this Honourable House will not disinherit them. All the Premises the Ministers and Proprietors of the said Tithe or Tenth of Lead Oare do aver to be true upon their House, and are ready prepared to prove the same by the several Records and proofs by them alleged.