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<DATE>03-10-11</DATE>
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<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
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<IDG S="marc" R="UM" ID="B06132">
<STC T="W">T1575A</STC>
<BIBNO T="oclc">49521015</BIBNO>
<VID>174237</VID>
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<HEAD>To the mo&s;t Honourable, Honourable and Worthy Members of both Hou&s;es of <HI>Parliament,</HI> more e&s;pecially tho&s;e who have Intere&s;t in Mines in any part of this Kingdom.</HEAD>
<HEAD><HI>The Humble Repre&s;entation and Addre&s;s of the Petitioners for the</HI> Bill for preventing multiplicity of Vexatious Suits, and for Settling and A&s;certaining a certain Antient and Cu&s;tomary Tyth in the County of <HI>Derby,</HI> according to the Tenor, Equity and E&s;tabli&s;hment of divers Decrees in Chancery, grounded on <HI>&s;olemn Tryals at Common-Law.</HI></HEAD>
<OPENER>Mo&s;t Humbly &s;heweth:</OPENER>
<P>THAT whereas there is now humbly offered to the Con&s;ideration of the two mo&s;t Honourable Hou&s;es, a certain <HI>Pri|vate Bill,</HI> Entituled as is above mentioned: The intent and purpo&s;e of which Bill is no other, but to &s;ettle Peace, and to prevent a multiplicity of Suits, and to re-in&s;tate the Petitioners (who are Clergy-Men) in the antient, ju&s;t, and often acknowledged Right of their Churches, by the general E&s;tabli&s;hment of a certain Cu&s;tomary Tyth, or Tenth of Lead-Oar, <HI>peculiar to the County of</HI> Derby <HI>only.</HI></P>
<P>Which &s;aid Antient Tyth was for many Ages pa&s;t (even till of late Years) paid and an&s;wered to the Petitioners Predece&s;|&s;ors without contradiction, and the Petitioners and their Predece&s;&s;ors have, and do con&s;tantly at this day pay Fir&s;t-fruits and Tenths to the King expre&s;ly for the &s;ame; And the Petitioners Right, as well as the <HI>general Right of all the Proprietors</HI> in the &s;aid County has formerly been examined, proved, and confirmed <HI>by &s;olemn Verdicts at Common-Law,</HI> and declared and ap|proved by divers Orders and Decrees of all the <HI>Courts of Law or Equity in England,</HI> and by the King's mo&s;t Honourable Privy Councel, and in a good mea&s;ure al&s;o, by former Votes and Debates of the Honourable Hou&s;e of Commons it &s;elf. And the &s;aid Right of all Proprietors throughout the &s;aid County of <HI>Derby,</HI> to the &s;aid Tyth hath been univer&s;ally confe&s;&s;ed and acknowledged and entered on Record, and pleaded in defence of the Priviledges, Laws, and Cu&s;toms, and other Advantages which all tho&s;e Per&s;ons u&s;e and enjoy at this day, who are concerned in Mines in the &s;aid County of <HI>Derby,</HI> and who ought to pay the &s;ame.</P>
<P>And the &s;aid Tyth of Lead-Oar is at this day enjoyed and received by many Noblemen, Gentlemen; and Clergy-Men, the Petitioners Neighbours in the &s;aid County, all of them having the &s;ame general and acknowledged Right, which the Petitio|ners have to the &s;ame Tyth.</P>
<P>Notwith&s;tanding all which, the Petitioners are mo&s;t unju&s;tly denied and kept out of their &s;aid antient Right, and &s;ome of their Pre|dece&s;&s;ors were almo&s;t ruined and undone by long, chargeable, and vexatious Suits concerning the &s;ame. The Opponents of this Right having cau&s;ed the expence of more than <HI>Ten Thou&s;and Pounds,</HI> upon a moderate computation, in Suits at Law concerning this Tyth within <HI>Four&s;core Years</HI> la&s;t pa&s;t: And the Petitioners by the pre&s;ent with-holding of it, being deprived of a great part of the Main|tenance of their &s;everal Churches: And being daily more and more injured and impoveri&s;hed in their other Tyths, by the general and univer&s;al Liberty allowed by the Antient and known Laws and Cu&s;toms of the &s;aid Lead-Mines in the &s;aid County of <HI>Derby,</HI> for all Per&s;ons whatever who are Subjects of <HI>England</HI> (though no Inhabitants or Pari&s;hioners) to dig and &s;earch for Lead-Oar in mo&s;t Mineral Pari&s;hes and Places in the &s;aid County, without the Land-holders leave. And the Petitioners, by the &s;ad Experi|ences of the great lo&s;s and expences of their Predece&s;&s;ors in Suits at Law again&s;t a multitude, and by divers other means (&s;et forth in their Petition, and former printed Ca&s;es and Appendix thereto) being wholly discouraged, di&s;abled and rendred inca|pable of following and pur&s;uing this their Right at Law, are therefore nece&s;&s;itated, and hope it will be thought rea&s;onable for them to apply them&s;elves to His Maje&s;ty, and the two mo&s;t Honourable Hou&s;es of <HI>Parliament,</HI> for Redre&s;s of this their grievance, and for preventing Multiplicity of Suits, and for &s;etling and a&s;certaining to them and their Succe&s;&s;ors, as well as other Proprietors, a more ea&s;ie way of Recovery of the &s;aid Tyth.</P>
<P>And whereas the numerous Opponents of this Tyth, notwith&s;tanding all the va&s;t Expences by them formerly cau&s;ed in op|po&s;ing it, are yet ready and prepared to cau&s;e more Expences, and they, or &s;ome of them (as the Petitioners have been credi|bly informed) have threatned, and given out in Speeches, that they will &s;pend many <HI>Hundred Pounds,</HI> but that they will prevent the &s;ettling of the Petitioners Right in <HI>Parliament</HI> (though by what means they will do &s;o, the Petitioners cannot imagine.) And to that end, by fal&s;e in&s;inuations and pretences, do endeavour to mi&s;repre&s;ent the &s;aid Petitioners, and their &s;aid Bill, (En|tituled as above &s;aid) to divers Honourable and Worthy Members of <HI>Parliament,</HI> who are intere&s;ted in Mines in divers parts of this Kingdom, as if the &s;aid Bill did, or might &s;omeways affect them or their Rights, or might be at lea&s;t, a dangerous precedent to e&s;tabli&s;h the like Tyth from their Mines. In all humility therefore, the Petitioners for the &s;aid Bill afore&s;aid, crave leave to repre&s;ent to the &s;aid Honourable and Worthy Per&s;ons, That the pa&s;&s;ing this their Bill, does not, nor cannot po&s;&s;ibly concern, or affect any Mine, or Mines what ever, but only the Lead-Mines in <HI>Derby-&s;hire,</HI> the E&s;tabli&s;hment being only de&s;ired for that County where the &s;aid Right of this Tyth hath been abundantly acknowledged as afore&s;aid, and is in mo&s;t places of it paid at this Day. And the Petitioners for the &s;aid Bill, do not found their Claim and Pretences to this Tyth, as if the &s;ame were a new thing, or as if Mines were ordinarily Tythable of common Right (as their Opponents may, to their prejudice, in&s;inuate); but the Petitioners only de&s;ire to be re-in&s;tated in the Antient Right of their poor Churches, which depends upon &s;uch Laws, Cu&s;toms, Priviledges, Acknowledgments of this Tyth, and Payments for it to the King, afore&s;aid, as are peculiar to them&s;elves and their own County of <HI>Derby,</HI> and therefore cannot injure nor give ju&s;t umbrage of any dangerous precedent to others.</P>
<P>And therefore the Petitioners hope, that with all humble confidence, they may refer them&s;elves and their Ca&s;e, to the Honour, Integrity, and Impartiality of all Honourable and Worthy Per&s;ons, and to the Wi&s;dom and Ju&s;tice of His MAJESTY, and the Two mo&s;t Honourable Hou&s;es of <HI>Parliament,</HI> the only Potent and Effectual Redre&s;&s;ors of otherwi&s;e-unremedyable grievances, and the common Patrons and Refuge of all injured Per&s;ons, and poor de&s;poiled Churches.</P>
<CLOSER><SIGNED>And the Petitioners &s;hall, and do, ever Pray, &amp;c.</SIGNED>
<POSTSCRIPT>
<P><HI>Note,</HI> That there has been Expended in Suits at Law, concerning the &s;aid Tyth of <HI>Lead-Oar,</HI> above <HI>Twelve Thou&s;and Pounds</HI> upon a moderate Computation, within <HI>Eighty Years</HI> la&s;t pa&s;t. A certain Attorney at Law, who knows the general Right afore&s;aid, in the &s;aid County, and has de|fended the &s;ame, having been concerned in Suits both for and again&s;t the &s;aid Tyth, (according as the Quality, Intere&s;t or Pur&s;es of his <HI>Clients</HI> did differently engage him) is now become a Zealous Solicitor again&s;t the fore&s;aid Bill. Has he not great Rea&s;on &s;o to do?</P>
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