Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	child_n	servant_n	wife_n	3,844	5	6.4476	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A31202	The Case relating to the bill for preventing multiplicity of vexatious suits and for ascertaining a certain customary tyth in the county of Derby.		1670 (1670)	Wing C1201; ESTC T114265	3,039	2

The CASE Relating to the BILL for Preventing Multiplicity of Vexatious Suits and for Ascertaining a certain ancient Customary Tyth in the County of Derby according to the Tenor of certain Decrees in Chancery grounded on divers Tryals all Comon Law THE Payment of a Tyth or Tenth of Lead-Oar or other Metals in general is not a Novel or unknown Duty For although it be not found in the ordinary Tything Tables nor due of Common Right yet many of the Antient Kings of this Realm in granting their Mines to several Persons in divers parts of this Kingdom did besides a certain part to themselves and their own Exchequer usually reserve and provide a Tenth to be paid to Holy Church as may appear by Grants of Mines made 11 Jun. 8 Ric. 2d 9 Feb. 7. Hen. 4. 24 Feb. 5 Hen. 6. 23 Mar. 15 Edw. 4. c. From such Grants the particular Customary Tyth or Tenth of Lead Oar paid to the Church in all Mineral Parishes of Derbyshire did undoubtedly at first arise since the Mines there were antiently in the King's own Hands And it is most equitable for the Miners to pay a Tyth of their Lead Oar because they or any Subject of England have the Priviledge to dig and turn up any Mans Ground in searching for Lead Oar there whereby vast quantities both of Pasture Meadow and Arable Land are turned into heaps and made Barren which would otherwise yield a good Tyth in another kind The Miners themselves upon their Oaths have more than once acknowledged a Duty of Tyth payable to the Church as well as other Duties called Lott and Cope payable to the King or his Farmer and this they have Entred and Recorded in the Antient Articles of their Liberties and Customs as a necessary Condition of some of their Priviledges as may be seen by two Inquisitions concerning the Liberties and Customs of the Lead-Mines in Derbyshire taken by special Commission or Quo Warranto from the Crown upon the Oaths of 24 Jurors or the Body of the Mine as they are called the one Inquis Sept. 20. 3 Edw. 6th Article 4. the other May 3d in 3 4 Phil. Mary Article 6. both taken at Wirksworth No less than Twenty thousand Miners from all Mineral places in Derbyshire whose Names including their Wives Servants and Children are Subscribed to a Petition which was presented to the Parliament in the Reign of Cha. I. do all of them acknowledge the payment of this Tyth to the Church and pleaded in that their Petition that for paying this Tyth and the Duty of Lott and Cope to the King they ought to be discharged of some other Payments and Impositions which Q. Eliz first of all and after her K. Ja. I. Ch. I. had successively and gradually laid upon Lead to the value of 48 s. per Fudder of Tun from which Impositions they were and are at this day discharged upon that their Petition Decrees Orders and Verdicts in all the Courts of Law or Equity have passed and Orders of the S●ar-Chambers and Council-Board have been made in favour of the Proprietors of this Tyth and for settling and recovering their Right when it has been denied Only the Plaintiffs in those Suits having multitudes of Adversaries and some of them Rich were put to vast Expences and Charges in those Suits one of them only expending above 1500 l. in recovering his 3d part of this Tyth in three Parishes which being wholly insupportable to four or five poor Parsons and Proprietors of Tyth who only in all the County of Derby are now denied this Duty although their Predecessors not only at the time of those great Suits but for many Years since even till very lately did receive and quietly enjoy the said Tyth They therefore solicit this Bill in Parliament to prevent such Vexatious Suits and to enforce the Execution and to make the Benefit of those Decrees as general and extensive to the whole County of Derby where Lead-Oar is got and digged as the Issues Verdicts and Evidences given at the Common-Pleas-Bar were on which those Decrees were Founded The Parsons and Vicars in the Mineral Parishes of Derbyshire pay First-fruits and Yearly Tenths to the King expresly for their Tyth of Lead-Oar as appears in all or most of their Endowments upon Record in the First-fruits Office And they are Rated as high in publick Taxes as when their Predecessors received this Duty Lastly A Bill was once offered in Parliament against Tyth-Oar but was rejected upon Reasons given by the Ministers and Proprietors of Tyth wherein they made appear their Right from many antient Deeds Accounts Leases and other Records in the Reigns of Ed. II. Ed. III. Ric. II. Hen. VI. Ed. IV. Hen. VII Hen. VIII Ed. VI. And the present Suitors for this Bill can show divers Accounts Leases and Compositions and Receipts of this Tyth by their Predecesors Appendix The Petitioners Right to his Tyth appearing by this Case and Decree to be so plain and evident that it seems Recoverable at Law It may be asked why we trouble the Parliament with it To which we Humbly Answer I. BEcause notwithstanding the clearness of our Title in Law yet the Litigiousness of our Opponents hath kept us out of Possession for above Twenty Five Years by which means we cannot now have those general Issues upon which this Tyth was formerly Established as may be seen in the Decree nor yet those Living Witnesses and Evidence Viva Voce which our Predecessors had upon their particular and local Issues II. Because by witholding so considerable a part of our Maintenance we are totally disabled to follow so many tedious and chargeable Suits at Law as by the sad experience of some of our Predecessors we certainly know the opponents of this Tyth will put us upon It not being to be supposed that a Clergy-man whose Benefice is but 50 60 or 70 Pounds per Annum should expend 600 or 800 Pounds as some of our Predecessors who had great temporal Estates besides their Benefices have done in vindicating this Right of his Church in which he has yet no Estate of Inheritance nor perhaps much probability of seeing the Suit ended during his Life III. Our Right and Title as appears by the Decree having been fully tryed and cleared in all the Courts of Law and Equity upon general Issues for the whole County and those directed by special Order of the Privy-Counsel on purpose to avoid multiplicity of Suits We humbly conceive it need not be sent back again to the Law upon Local and particular Issues which are only a late Invention and Design of some Persons Cunning in the Law to defeat the intent of those former general Issues and the Verdicts given upon 'em and to multiply as many Suits as there are Parishes Places or Proprietors who claim this Tyth IV. If we were able to follow so many several Suits at Law and should prevail in 'em all yet would not this secure us or our Successors in the quiet possession of this Tyth without an Establishment of the general Right for the whole County of Darby because the multitude of our Opponents are on all occasions ready to renew their Suits to seize the Tyth to themselves for Maintenance of Suit against the Parson and upon the Death Change or Poverty of any Incumbent to deny former Decrees and take advantage of the Clemency of our Predecessors in not always exacting a constant Tenth thereby to destroy or avoid our Right upon strict Local and particular Issues at Common Law V. The Opponents of this Duty having formerly followed this Cause through all the Courts of Law and Equity and before the Privy-Councel and being Cast and Condemn'd in all did themselves bring this Matter into the Parliament where the general Right to this Tyth being acknowledged on all sides to be one and the same in all Parishes within the County of Darby was upon solemn Examination and Debate so far approved in Parliament as to reject and cast out a Bill brought against this Tyth which gives us hopes that as the Honourable House did once receive and debate the Reasons of a Bill brought against us so they will not now reject the Consideration of a Bill brought for the quiet Establishment of Us in the possession of that Right which has been by them so far approved But especially the poor Clergy-Petitioners who only of almost all others are now denied and kept out of this Tyth do therefore humbly apply themselves for Relief to the two most Honourable Houses of Parliament as the Common Patrons of their injured and despoiled Churches which for the Reasons aforesaid cannot Relieve themselves by any other way The CASE Relating to the BILL for Preventing Vexations Suits and Ascertaining 〈◊〉 certain Customary TY●H in the County of DERBY