THAT whereas there is now humbly offered to the Consideration of the two most Honourable Houses, a certain Pri­vate Bill, Entituled as is above mentioned: The intent and purpose of which Bill is no other, but to settle Peace, and to prevent a multiplicity of Suits, and to re-instate the Petitioners (who are Clergy-Men) in the antient, just, and often acknowledged Right of their Churches, by the general Establishment of a certain Customary Tyth, or Tenth of Lead-Oar, peculiar to the County of Derby only.

Which said Antient Tyth was for many Ages past (even till of late Years) paid and answered to the Petitioners Predeces­sors without contradiction, and the Petitioners and their Predecessors have, and do constantly at this day pay First-fruits and Tenths to the King expresly for the same; And the Petitioners Right, as well as the general Right of all the Proprietors in the said County has formerly been examined, proved, and confirmed by solemn Verdicts at Common-Law, and declared and ap­proved by divers Orders and Decrees of all the Courts of Law or Equity in England, and by the King's most Honourable Privy Councel, and in a good measure also, by former Votes and Debates of the Honourable House of Commons it self. And the said Right of all Proprietors throughout the said County of Derby, to the said Tyth hath been universally confessed and acknowledged and entered on Record, and pleaded in defence of the Priviledges, Laws, and Customs, and other Advantages which all those Persons use and enjoy at this day, who are concerned in Mines in the said County of Derby, and who ought to pay the same.

And the said Tyth of Lead-Oar is at this day enjoyed and received by many Noblemen, Gentlemen; and Clergy-Men, the Petitioners Neighbours in the said County, all of them having the same general and acknowledged Right, which the Petitio­ners have to the same Tyth.

Notwithstanding all which, the Petitioners are most unjustly denied and kept out of their said antient Right, and some of their Pre­decessors were almost ruined and undone by long, chargeable, and vexatious Suits concerning the same. The Opponents of this Right having caused the expence of more than Ten Thousand Pounds, upon a moderate computation, in Suits at Law concerning this Tyth within Fourscore Years last past: And the Petitioners by the present with-holding of it, being deprived of a great part of the Main­tenance of their several Churches: And being daily more and more injured and impoverished in their other Tyths, by the general and universal Liberty allowed by the Antient and known Laws and Customs of the said Lead-Mines in the said County of Derby, for all Persons whatever who are Subjects of England (though no Inhabitants or Parishioners) to dig and search for Lead-Oar in most Mineral Parishes and Places in the said County, without the Land-holders leave. And the Petitioners, by the sad Experi­ences of the great loss and expences of their Predecessors in Suits at Law against a multitude, and by divers other means (set forth in their Petition, and former printed Cases and Appendix thereto) being wholly discouraged, disabled and rendred inca­pable of following and pursuing this their Right at Law, are therefore necessitated, and hope it will be thought reasonable for them to apply themselves to His Majesty, and the two most Honourable Houses of Parliament, for Redress of this their grievance, and for preventing Multiplicity of Suits, and for setling and ascertaining to them and their Successors, as well as other Proprietors, a more easie way of Recovery of the said Tyth.

And whereas the numerous Opponents of this Tyth, notwithstanding all the vast Expences by them formerly caused in op­posing it, are yet ready and prepared to cause more Expences, and they, or some of them (as the Petitioners have been credi­bly informed) have threatned, and given out in Speeches, that they will spend many Hundred Pounds, but that they will prevent the settling of the Petitioners Right in Parliament (though by what means they will do so, the Petitioners cannot imagine.) And to that end, by false insinuations and pretences, do endeavour to misrepresent the said Petitioners, and their said Bill, (En­tituled as above said) to divers Honourable and Worthy Members of Parliament, who are interested in Mines in divers parts of this Kingdom, as if the said Bill did, or might someways affect them or their Rights, or might be at least, a dangerous precedent to establish the like Tyth from their Mines. In all humility therefore, the Petitioners for the said Bill aforesaid, crave leave to represent to the said Honourable and Worthy Persons, That the passing this their Bill, does not, nor cannot possibly concern, or affect any Mine, or Mines what ever, but only the Lead-Mines in Derby-shire, the Establishment being only desired for that County where the said Right of this Tyth hath been abundantly acknowledged as aforesaid, and is in most places of it paid at this Day. And the Petitioners for the said Bill, do not found their Claim and Pretences to this Tyth, as if the same were a new thing, or as if Mines were ordinarily Tythable of common Right (as their Opponents may, to their prejudice, insinuate); but the Petitioners only desire to be re-instated in the Antient Right of their poor Churches, which depends upon such Laws, Customs, Priviledges, Acknowledgments of this Tyth, and Payments for it to the King, aforesaid, as are peculiar to themselves and their own County of Derby, and therefore cannot injure nor give just umbrage of any dangerous precedent to others.

And therefore the Petitioners hope, that with all humble confidence, they may refer themselves and their Case, to the Honour, Integrity, and Impartiality of all Honourable and Worthy Persons, and to the Wisdom and Justice of His MAJESTY, and the Two most Honourable Houses of Parliament, the only Potent and Effectual Redressors of otherwise-unremedyable grievances, and the common Patrons and Refuge of all injured Persons, and poor despoiled Churches.

Note, That there has been Expended in Suits at Law, concerning the said Tyth of Lead-Oar, above Twelve Thousand Pounds upon a moderate Computation, within Eighty Years last past. A certain Attorney at Law, who knows the general Right aforesaid, in the said County, and has de­fended the same, having been concerned in Suits both for and against the said Tyth, (according as the Quality, Interest or Purses of his Clients did differently engage him) is now become a Zealous Solicitor against the foresaid Bill. Has he not great Reason so to do?