AN Abstract or Abridgment OF A Decree Made and often Confirmed in the High Court of Chancery concerning the Payment of a Tyth or 10th Part of Lead-Oar in the County of Derby CAROLUS Secundus Dei Gratiâ Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor c. Georgio Savile Willielmo Savile Jacobo Hopkinson Rogero Newton Alveredo Motteram Generosis ac cuicunque Personae sive quibuscunque aliis Personis quos Decretum vel finale Judicium aliqualiter tangit sive concernit corum Cuilibet salutem Cum quoddam finale Judicium sive Decretum coram Nobis in Curiâ nostrâ Cancellariae antehac fact extitit in haec Verba WHEN before this Time that is to say in the Term of St. Michael Anno Dom. 1628 Richard Carrier Clerk Vicar of Wirksworth in the County of Derby Complainant Exhibited his Bill of Complaint into the High and Honourable Court of Chancery against Ephraim Fern Richard Wigley Anthony Coates and William Debanks Defendants declaring by the same That whereas the Complainant and all his Predecessors Vicars of Wirksworth Time beyond the Memory of Man have had and received and used to have and receive and do of right ought to have and receive a certain Customary Duty of all the Lead-Oar or Lead-Mine which had been gotten within the said Parish of Wirksworth dressed and cleansed from the Earth and Rubbish at and by the only Costs and Labours of the Miners and Getters of the said Oar and Lead-Mine the said Complainant and his Predecessors allowing to the said Miners and Getters of the said Oar and Lead-Mine only one Penny for the dressing cleansing and washing every the said 10th Dish without Interruption of any Man until about the 18th Year of the Reign of K. James I. At which time the said Complainant exhibited his English Bill into the Court of Exchequer Chamber The first Suit in the Exchequer Court against divers Miners who refused to pay this Duty The Miners being served with Subpoena's from that Court appeared in Michaelmns Term 180 Jacobi but gave no Answer The Miners upon their Petition to the Privy Councel obtained an Order Removed together with the Suits of other Proprietors to the Privy Councel dated 22d of November Anno 180 Jacobi Primi to stay the Suit in the Exchequer Court and to bring it before the Councel where also the Proceedings at Law of John Gell Esq afterwards Sir John Gell Barr. for one third part of the Tyth-Oar and of Sir Francis Leak then Knight afterward Lord Deincourt for the other two parts of the Tyth-Oar in the Parishes of Bakewell Tiddeswall and Hope in the hundred of High Peak in Darbyshire were then and for divers Years before had been stayed And the whole Cause concerning the Tyth or Tenth of Lead-Oar within the said County of Darby The Cause of Tyth-Oar for the whole County before the Councel was then stayed at the Councel Board upon Auggession by the Miners of some Point of State So that divers Ministers Parsons and Vicars within the said County who had a great Part of their Maintenance out of the said Tenth of Lead-Oar were forced to forbear all Proceedings at the Law for the same and to be content to live without the same during the time that the Matter was in question at the said Councel Board And thereupon The Custom of the Payment of the said Tyth or Tenth of Lead Oar The Custom for this Tyth one and the same throughout the County being claimed to be all one and the same in all Partishes within the said County of Darby where the said Lead-Oar is gotten Their Lordships for the avoiding Multiplicity of Suits which otherwise would have ensued The Councels Directions for Tryal of the general Custom for the Final settling of this Cause thought sit for the whole County as well concerning the Parsons and Vicars as other Proprietors of the said Tyth and Customary Duty of Lead-Oar to refer the said Custom to a Tryal at Common Law which accordingly was done by an Order of that Court of 26th of November Anno Domini 1619 with special Directions how and in what manner the said Trial should be brought on and tryed and that onely the said Custom should be given in Evidence and both Parties to insist thereupon This Tryal was had at the Common-Pleas-Bar in Easter-Term 1620 where the Custom was onely in Issue A Verdict for the general Custom and both Parties onely insisted thereupon and after 4 Hours Evidence before the Judges in the hearing the said Cause A Verdict passed for the said Custom and with the Plaintiff in that Cause After which said Tryal The Miners litigiously desire a second Tryal the Miners not yet satisfied but endeavouring to weary out the said Complainant and the rest interessed in the said Duty upon Pretence of having some old Witnesses not before examined obtained from the Lords of the Councel an Order of the 21st of June Anno Dom. 1620 for another Tryal at Common Law under particular Directions as before which Tryal was had at the Common-Pleas-Bar in Michaelmas-Term Anno Dom. 1620. upon the very point of the said Custom And there also upon full and long Evidence A second Verdict for general Custom a second Verdict passed for the said Custom and with the said Plaintiff in that Suit viz. Mr. John Gell. Notwithstanding which Verdict The Proprietors Petition the King the said Complainant Carrier together with the said Mr. Gell and the Lord Deincourt and the other Ministers interessed in the said Customary Duty of the Tyth or Tenth of Lead-Oar within the said County of Derby in respect they could not quietly enjoy the same according to the said Verdicts were forced for their Relief against the said Miners being a Multitude and making a general Purse thereby to weary out the said Complainant and others interessed to petition His Majesty King James I. for to establish them in the said Tyth or 10th of Lead-Oar as aforesaid The King refers the Consideration of this to the Arch-Bishop of Canterbury The King refers it to some Lords and to the Lord High Treasurer afterwards Lord Privy Seal with special Directions that upon due Examination of the Cause they should take Effectual Order for the Petitioners Relief and to certifie what course might be taken to put them in Possession According to which Reference their Lordships having heard the said Cause at large debated thereof did in July 1621 Certifie unto His Majesty that they had seen the former Proceedings before the Councel and at Common Law by Directions from the Lords of the Councel that Mr. Gell aforesaid had prevailed at Law for his 3d part of this Tyth and the Lord Deincourt had obtained a Decree in the Exchequer for the other two 3d parts of this Tyth in the Parishes of Bakewell Tiddeswall and Hope So as it appeared unto them Iust and fit that the said Tyths or Tenth should be established according to the said Tryals at Law and the
said Decree in the Exchequer The Lords certify the Justice and Equity of the said Custom After which Certificate by special Order and Direction from the said King James I by an Order of Councel of the 5th of October 1621 it was Ordered The Cause honourably dismissed from the Councel-Table with a Declaration of the Miners false pretence That the Complainant and all such others as were interessed or had any Right or Title in and to the Tyth or Tenth of Lead Oar together with the whole Cause then depending before them should be clearly discharged and dismissed from the said Council-Board and should be left to the full Fruition and Benefit of the Law And because the said Complainant and the Rest had had loss by being stayed at the Board upon Pretence from the Miners of some Point of State which then appeared to be otherwise Therefore their Lordships in an Honourable respect of the Complainant and the Rest did wish that they might have all the Speed and Expedition which the Law in Justice might afford them After which Dismission from the Council-Board in Michaelmas Term next following The Complainants Bill in Chancery being the 19th Year of King James I the said Carrier exhibited his Bill in Chancery against these Defendants viz. Robert Maddox Thomas Taylor Thomas Fogg Francis Bayley Thomas Godbehere And others Miners within the said Parish naming them in all to be 300 or thereabouts The said 5 Persons appeared in the said Michaelmas-Term and took out a Dedimus to answer in the Country returnable in Hillary Term following The Complainant being thus delayed by a Dedimus Delays by the Miners petitioned the Lord Keeper for an Injunction which by an Order of Court of 4th of December 19 of King James I was granted against all the Miners in that Parish requiring them to pay this Tyth as formerly it used to be until they answered And after their Answer given in Hillary-Term 19 James I wherein they averred themselves to be more in Number than 300 in Easter-Term the Miners prayed That the Injunction might be changed into a Sequestration The Complainant was ordered to show cause in Trinity-Term why it should not so be The Matter was then heard and long debated 3d. July 20 Jacobi Reg. prim and then Ordered that the Defendants and all the Rest should pay the said Tyth and that the Injunction should continue in force till hearing and the Complainant also under an Injunction to stay Suits for this in all other Courts After all which and after Bill Answer Replication and Rejoynder Commissions to take Evidence and Publication of the same together with the Petition and Debates about the Injunction aforesaid all upon record in Chancery Court The Cause now being ready to be heard in Michaelmas-Term 20th of King James I. The Miners at last suffer a Decree against them to pass by Consent The then Defendents finding the Proofs to be full against them desired the Complainant to take a Decree by consent against them and all the rest of the Miners in that Parish to pay the said Tyth to the Complainant and his Successors for ever This Decree by consent was accordingly passed that Michaelmas-Term subscribed by the then Ld. Keeper Unto which Decree The Miners Submit to the Decree for some Years as well the then Defendants as also all others the Miners within the said Parish of Wirksworth did submit and did by the space of five Years or thereabouts then next following pay the said Tyth or Tenth part of Lead-Oar unto the said Complainant And likewise since the foresaid Dismission from the Council-Table Other Decrees for other Proprietors the said John Gell had by due Course and Proceedings obtained a Decree in this Honourable Court of Chancery against all the Miners within the Parishes of Bakewell Tiddeswall and Hope whereby they were all bound to pay the said 3d. part of the Tyth or Tenth of all Lead gotten or to be gotten within the said Parishes unto him the said John Gell and his Heirs for ever Which Decree was ratified and confirmed to stand in force against them all by an Order of Chancery of 27 Maii 3tio Carol. prim And the said Mr. Gell was accordingly possessed of the said 3d. part of the said Tyth of Lead-Oar within the said Parishes And the Miners ever since the said Decree was confirmed by the Order aforesaid had submitted themselves and duly paid the said Tyths of Lead-Oar to the said Mr. Gell his Servants or Deputies And the said Miners within the said County of Derby not yet satisfied with all the said Proceedings at Law Miners bring a Bill in Parliament against this Tyth and at the Council-Table and in this Honourable Court did exhibit their Bill against this Complainant and the Rest interessed in the said Tyth or Tenth of Lead Oar for their Relief into the High Court of Parliament holden at Westminster 19th February 21 Jacobi Prim. wherein they did desire that it might be Enacted That no Tyth or Tenth of Lead Oar might be paid in any place whatsoever within the said County of Derby which Bill was twice read and Committed and Reported The Miners Bill in Parliament against this Tyth rejected and then upon Debate amongst the Commons assembled in Parliament it was upon Wednesday the 12th of May 22 Jacobi Regis Prim. Rejected and cast out Yet notwithstanding all this in Easter-Term 3tio Caroli Regis Prim. Miners promote new Suits and question the former Decree Some of the Miners within Wirksworth by sinister Incouragement of some others ill-affected to the Complainant did question whether the former Decree as it was passed and drawn up ought to oblige all the Miners in that Parish or only the then named Defendants This question Referred to the Attorney General which Question was by Order of Chancery 4to Maii Anno 3tio Carol. Prim. referred to Sir Robert Heath Attorney General to examine and certifie concerning it who upon full Examination and divers Hearings of the Matter in Presence of Council learned on both sides and upon Perusal of the said Bill and Answer Proofs c. made 10th July 4to Carol. Regis his Certificate to this Effect viz. 1st Attorney General his Certificate That the Complainant had prayed Process only against the then named Defendants yet complaining therein against all the Miners within that Parish naming them to be 300 or thereabouts though the Defendants in their Answer did affirm and set forth that they were more 2. He found that before the said Answer was made it being delayed by a Dedimus an Injunction was awarded by the Ld. Keeper against all the Miners in that Parish requiring them to pay this Tyth which Injunction was upon debate ratified and confirmed to stand in force till the Cause was heard 3d. He did find a general Solliciting in the Suit and a general Contribution of the Miners of the said Parish against the Complainant to maintain that Suit 4th He found that for a time the
Decree might be made in the Cause to conclude all the Miners within the said Parish of Wirksworth according to the Direction of this Court formerly made in that behalf and the Quiet Possession established and continued with the said Complainant and his Successors and in regard the Tyth of Lead-Oar was two thirds of the whole Profits of that Vicarage there being neither Glebe nor Tyth-Corn nor Tyth-Hay belonging to it and so the said Church would be disinherited and the Complainant impoverished if not timely prevented Therefore he prayed process of Subpoena against the said 4 Defendants which being granted and they served therewith and after Bill Answer Replication Commissions to examine Witnesses and Publication and all other Proceedings on â—â—ord in Chancery had and made A Day was appointed for Hearing at which the Defendants being not ready or prepared as their Council pretended to go to hearing Delay of Hearing by the Miners a further Day was appointed for hearing the said Cause On which Day it then appeared that a Decree had been taken by Consent as aforesaid against the 5 former Defendants viz. Maddock Taylor Fogg Bayley and Godbehere for Payment of this Tyth to the Complainant by them and the rest of the Miners in that Parish notwithstanding which the rest not named Parties then had refused to be bound by that Decree whereupon a new Bill was ordered and 4 new Defendants named as abovesaid by whose Success the Rest should now be concluded which Cause came now to be heard And upon the full hearing and long debate of the matter before the Right Honourable the Lord Reeper in presence of Councel learned on both sides It appeared that the constant and general Custom within the said Parish for the space of 50 Years and upwards had been to pay the said Tyth or 10th Dish of Lead-Oar dressed and cleansed from the Earth and Rubbish Tyth not taken of the Lot-Dishes which are the Kings part saving that the Lot Tishes had not been reck'ned or accounted as part of that out of which the said Tyth or Tenth should be paid And the Complainants Councel offered to read Depositions of old Witnesses taken in the former Cause now dead to prove this Custom in the said Parish for fourscore Years It appeared also by a Copy of a Record in the First Fruits Office that the Vicarage of Wirksworth being valued at above 40 l. per Annum in the Kings-Books 30 l. thereof was only for the said Tyths of Lead-Oar But the onely Question was concerning the Recompence which the Plaintiff and his Predecessors had used to allow to the Miners for cleansing and washing the said Tenth Dish Debates about the recompence for Washing the Tenth dish Where it was proved by the Plaintisss Witnesses the constant course and usage had been to allow onely a Penny for washing and cleansing the said Tenth Dish On the other side it was proved that some of the Plaintiffs Predecessors had allowed sometimes to the Miners when their Work fell in hard and rocky Ground and in places much annoyed with Water a greater proportion viz. sometimes Four Pence the Dish and it was alledged on the Defendants part that the cleansing of a Dish was worth Eight Pence And therefore it was against Reason to inforce the poor Miners to do it for a Penny Nevertheless His Lordship was well satisfied notwithstanding any thing objected by the said Defendants Councel to the contrary that the said Complainant ought to be paid his Tyth of Lead-Oar And that the most constant Custom had been to allow but a Penny for cleansing it And that the said Miners of the Parish of Wirksworth ought to be in the same state and coudition as other the Miners in the High-Peak were The Miners in the Wapontake of Wirksworth ought to be in the same condition with those in the High-peak against whom a Decree had been made in this Court and Tryals at Law upon the Point of Custom for payment of Tythes or Tenth of Lead-Oar as aforesaid Nevertheless His Lordship considering that the Alteration of times might beget great Inequality and Disproportion in the said Payment for although in ancient times the foresaid rate of a Penny might be a competent Recompence for the labour of washing the said 10th Dish yet in these times it may be otherwise And considering that whatever the Plaintiffs right in that behalf is in Law according to the strict Custom yet he could not expect that A Court of Equity should Decree the said Custom in such a point as may tend to the undoing of the poor Miners Therefore His Lordship thought sit without prejudice to the Plaintiffs Right or to the aforesaid Custom if at any time he shall think good to make use thereof at Law to take such a middle Course whereby the Plaintiff without Multiplicity of Suits might have his Tyth by Order of this Court and yet the poor Miners not be too much pinched by the Rigor or Strictness of the said Custom It is therefore this present Day that is to say on Saturday the 4th day of July Anno 5to Regni Caroli Regis c. primi By the Right Honourable Thomas Lord Coventry Lord Keeper of the Great Seal of England and by the Authority of the said High Court of Chancery The Tyth of Lead-Oar Decreed Ordered Adjudged and Decreed that the said Defendants and all other the Miners within the said Parish for the time being and for the Time to come shall pay to the said Complainant and to his Successors Vicars of Wirksworth for ever The Tyth or 10th Dish of All Lead-Oar gotten or to be gotten within the said Parish dressed and cleansed from the Earth and Rubbish at the Charge and Labour of the Miners A Commission about the Equity of the Recompence for washing the Tyth but without prejudice of the general Custom And as touching the Allowance to be made by the Complainant and his Successors for washing dressing and cleansing every 10th Dish albeit his Lordship doth not intend to alter or controul the ancient Custom in that behalf yet in regard it tendeth to settle peace and quietness hereafter and for other Reasons before expressed and because the Councel on both sides could not agree about it Therefore his Lordship for his fuller Satisfaction therein and that a moderate Consideration may be had thereof if the matter so require but without prejudice of the General Custom formerly held and used in that behalf thinketh fit and doth order that a Commission be awarded to Sir Henry Willoughby Knt. and Barronet Sir Henry Lee Sir Henry Agard and John Bullock Esq or any 3 or 2 of them to consider and examine whether a Penny a Dish be a sufficient Recompence for washing and cleansing every 10th Dish one with another giving them power to view all sorts of Oar and to examine Witnesses about this Matter if need be And upon return of the said Commission and Certificate from his Lordship will give further Order
said Miners did all submit and continued some Years to pay this Tyth to the Complainant but found no Order precedâ—â—â— the said Injunction and Decree to warrant the Decree against the Miners in general 5th And Lastly Records of the First fruits Office of this Tyth he found by the Proofs published in the Cause and by the Record in the First-Fruits-Office that the said Tythe or Tenth of Lead Oar had been time out of mind paid And by that Record it appeared that the Vicarage of Wirksworth being valued in the King's Book at above 40 Pounds 30 Pounds thereof was only for the said Tythes of Lead-Oar and therefore His Opinion was That if in the Lord-Keepers Judgment the Decree as then drawn up ought to extend to all the Miners in the said Parish until it be reversed that then the Complainant should be settled in the possession of those Tythes till that time and restored to the Arrearages the Possession being taken away since the reference But if the said Decree should not in his Lordships Judgment be extended to any others but such as against whom Process was prayed That then the Lord Keeper should direct a Course for the sinal Determination of that Question As by that said Decree Order of Reference and Certificate all on Record in Chancery and also by the Bill and Proceedings in Parliament to which the Complainant referreth himself at large appeareth Upon this Certificate of the Attorney Generals the Complainant prayed that his Decree before had might extend to all the Miners in that Parish But in regard the Decree aforesaid was not made upon a Judicial Hearing An Order obtained for a new Suit in Chancery but by Consent the Court directed and ordered that it should only stand in force against such as Consented to it But yet further Ordered that Mr. Christopher Fulwood of Councel with the Miners should within a Fortnight after Entrance of that Order upon notice given nominate four Miners to be Defendants to a new Bill to be exhibited against them by the Complainant and what Order or Decree should be made against them Four the rest of the Miners in that Parish should be Bound by it In pursuance of which Order Counsellor Fulwood named the four Defendants first mentioned in the beginning of this Decree viz. Ephraim Fern Richard Wigley of Cromford Anthony Coates and William Debanck The Complainant exhibited his Bill against those four Defendants to the end that his Duty and Right to the said Tythe of Lead-Oar might be settled by Decree of this Court against all the Miners in the said Parish who not satisfied with the former Proceedings to put the said Complainant to further Trouble and Charge did unconscionably refuse to pay the said Customary Duty of the Tythe or 10th of Lead Oar gotten Unjust and Vexatious dealings of the Miners for forth and to be gotten in the said Parish And the said four Defendants having by Casualty or otherwise gotten into their own or some of their Friends hands divers Deeds Evidences Charters Writings and Records which would plainly prove the said Complainants Right and Title to the said Tythe or Tenth of Lead-Oar had of late upon some causeless Displeasure by them conceived against the Complainant and by Plot Confederacy and Agreement amongst themselves wilfully denyed the Payment of the said Tythe of Lead Oar by them gotten within the said Parish to the Complainant then Vicar of the said Parish of Wirksworth And according to the said Plot and Agreement had all of them absolutely denyed and wilfully refused to pay any Tythe or Tenth Part at all to the said Complainant of or for any Lead-Oar gotten by them within the said Parish of Wirksworth sometimes affirming that the said Tythe of Lead-Oar was a Personal Tythe and sometimes that the said Complainant ought to take his said Tythe or Tenth Part undressed as it was drawn up out of the Lead-Mines or Groves in which they get the same Whereas in Truth the said Tythe or Tenth Part of all the Lead-Oar gotten within the said Parish had all the Time whereof the memory of Man was not to the contrary been paid and of right ought to be paid by Custom and Prescription in manner and form following That is to say The manner of Payment of this Tyth set forth within and over the Wapontake of Wirksworth in the said County of Derby whereof the Mineral Places of Wirksworth Parish were and are part there is beyond Mans memory has been a principal Officer for the said Lead Mine called a Barmaster by whom all the said Lead that was there gotten is and ought to be measured before the same were sold or made away At which Measure the said Barmaster did see the Lot and Cope paid to the Lord of the Field or of the Mine and the Proprietors and Owners of the said Tythes or Tenth of Lead Oar for the time being had likewise by all the time aforesaid received every Tenth Dish or Measure of Lead Oar from the Miners or Getters of the same And they had always received every the said Tenth Dish being dressed and cleansed from the Earth and Rubbish at and by the proper Costs and Charges and Labour of the Miners The Proprietors and Owners of the said Tyth or Tenth Dish allowing one Penny unto the Miners for the dressing washing and cleansing of every said Tenth Dish In which manner the said Tythe or Tenth part of Lead-Oar had been paid as aforesaid time beyond the memory of Man and so of Right ought to be paid Which said Custom for payment of the said Tythe Custom the same in all Parishes or Tenth of Lead-Oar within all Parishes of the said County of Derby where the same had been gotten had been confirmed entitled approved and established by the said several Verdicts Decrees Certificates Orders and other Proceedings formerly set forth and expressed And the said Customary Duty had been so paid in manner as aforesaid to the said Complainants Predecessors and to him as Vicar of Wirksworth time out of mind of Man without any Interruption Question or Contradiction until of late that the said 4 Defendants with the rest of the Miners in that Parish Illegal Combinations of the Miners had combined and confederated themselves as aforesaid and did absolutely deny the Payment thereof and had given out in Speeches that They would make the said Complainants said Tyth or Tenth part of Lead-Oar bear the Charges of their Suit and that if the said Complainant would oppose and stand out in Law with them They would make him not worth a Groat which Opposition and Combination was contrary to all Equity and good Conscience And would tend to the great Loss and Disinherison of the said Complainant and his Successors of the said Tyth or Tenth part of Lead-Oar if due and speedy Remedy were not had therein In tender Consideration whereof and for Prevention of Multiplicity of Suits and to avoid further Expences and to the intent that a final
Till which time the Complainant is only to pay a Penny for cleansing his Tythe Oar as formerly and if his Lordship shall order the Miners to have a better Allowance then the Complainant shall make up and satisfie the same unto them Vobis igit praefat Georgio Savile c. vest cuilth sirmit injungend percipim qd omnia singula in Iudicio sive Decreto praedict content specificat faciatis perimpleatis juxta tenorem c. sub periculo c. Testte meipso apud Westm 28 Iulij Anno Reg 15. Grim. Longuivillo Short Remarks on the aforesaid DECREE 1st BY this Record it appears that the Right and Claim of a Tyth of Lead-Oar is one and the same in all Parishes in Terbyshire where Lead Dar is digged and as such hath been tried and adjudged at Common Law upon general Issues and Evidence for avoiding Multiplicity of Suits For if the Issues and Evidence had not been General but Local and particular as of late Years has been attempted there must have ensued as many several Suits as there were Parishes or Proprietors who claim this Tyth 2dly By this also appears the illegal Combinations Confederacies and other manifold vexatious and unjust Dealings of the Miners in defending Suits against this Tyth removing this Cause from one Court to another upon false Suggestions and Pretences refusing to be bound by former Decrees though taken by consent against them on purpose to weary out the Complainants They have also taken Advantage from the Change or Poverty of divers Incumbents of that particular Parish to which this decree relates to enforce and oblige them to defend renew and confirm this very Decree five or six times since the first beginning of it at the Expence and Charge of many hundred Pounds each time 3dly By this Record as well as by the Iournals of Parliament to which it refers it appears that this Custom for payment of a Tyth of Lead-Oar in all Parishes within the County of Derby where it is gotten hath been examined debated approved amongst the Commons assembled in Parliament by rejecting and casting out a Bill formerly brought against it Which we hope will be looked on as a good Precedent to bring this Cause once more before that High and Honourable Court by a Bill for preventing such Multiplicity of Suits and final Settling this Tyth in the said County according to the Tenor Equity and Establishment of this and other such like Decrees The common Prejudices or Objections which will be urged against the Establishment of this Tyth are these Object 1st TYth is only due of Things growing or increasing above Ground and may as well be claimed of Coal-mines or Lime-kilns as of Lead-Mines Answ Tyth though ordinarily or of common Right due of things growing above Ground yet by Custom may be paid of any thing whatever as is known in many Instances in divers Parts of this Kingdom Coales and Lime are not under the same Laws Customs Privileges and Acknowledgments of Tyth as the Lead-Mines in Derbyshire are Nor do the Ministers or Proprietors of Tyth pay Tenths yearly to the King for Tyth of Coals or Lime as they expresly do for Tyth of Lead-Oar And the Objectors know well enough that in divers Parishes of Derbyshire where a Tyth of Lead-Oar has been and is at this day paid there are Lime-kilns and in some places Coal-mines also from which never any Tyth was pretended to be claimed This also we hope will prevent all Prejudice in such Gentlemen who have Interest in Mines in other places of the Kingdom which are not under the same Customs and Priviledges nor liable to the same Duties with those in Derbyshire This Establishment being only desired for the County of Derby where this Tyth hath been abundantly acknowledged by the whole Body of the Miners and is in most places paid at this day Object 2d The payment of this Tyth will injure or obstruct the King's Duty Note That the King's Duty is called the Lot and Cope The Lot is every 13th Dish or Measure of Oar paid to the King as Lord of the Field The Cope is in some places 6 pence in others 4 pence for every Load of Oar 9 Dishes making up a Load which is paid by the Buyers of the Oar as a Composition for the King's Right of Praeemption of the Oar which he formerly had Answ The Cope being paid by the Buyer of Lead-Oar cannot be at all affected by payment of the Tyth and the Lot-dishes are never reck'ned as part of that out of which Tyth is paid In the old Laws and Customs of the Lead-mines which are on Record the Duties to the Church and King are mentioned always together as necessary Conditions of some Privileges And we hope the Farmers of his Majesties duty will not think it their just Interest to destroy the one upon pretence of advancing the other since the payment of each to the distinct Proprietors does best secure the Accounts of both and prevents either from being cheated For in places where this Tyth is unjustly witheld from the Church the King is more easily cheated by the Miners who are as ready to conceal and defraud the King's part where they can do it as they are to deny the Churches Right Object 3d. The Payment of this Tyth will ruin the poor Miners or discourage them from working Answ It is paid in all Parishes adjoyning to the Petitioners yet has no such effect nor had it such effect when it was paid in the Petitioners Parishes The poor as well as rich Miners have all of them acknowledged the Churches Right when it was for their Service either to set out their Privileges or to obtain a Relaxation of Taxes by such Acknowledgment But the Clergy have always used the greatest Clemency to the poorer sort of Miners taking little or nothing from them and they are ready and believe it to be their Interest still to use the same Clemency provided it may not be urged against them to destroy their Claim at common Law as of late has been done However the Rich Owners and Maintainers of Mines who get many hundred pounds yearly out of them and turn up into barren Heaps whole Fields of good arable meadow and pasture Land which would otherwise yeild a good Tyth in another kind to the Parson have no reason to make this Objection The poor Miners generally working under them for Wages only Note That both his and the former Objection were formerly considered disproved before the Privy-Councel when the Cause of Tyth-Oar for the whole County of Derby was brought before them by the Miners upon pretence of some Point of State which their Lordships declared to be otherwise Object 4th Tryals at Common Law have in some places been had and Verdicts passed against this Tyth Answ These Tryals were upon wrong Issues directly contrary in their Effect and Intention to the former general Issues directed by the Privy Councel for the whole County The Former