Both these Suggestions are meerely vntrue , as by the Reasons following may appeare .

1. FIrst this is an ancient customary Duty , and hath time out of mind beene payed in the high Peake and all other places where Lead Oare hath beene gotten in that County to the seuerall Ministers and Proprietors in right of their Churches , as may appeare by Deeds without Date , ancient Acc●unts and Leases , in the seuerall Reignes of E. 2. E. 3. R. 2. H. 6. E. 4. H. 7. H. 8. E. 6. and since by depositions of witnesses vntill this time .

2. The Ministers and Proprietors of the said Customary Tythe , or Duty of Lead Oare in that Country haue paid and doe pay to his Maiesty first Fruits and other Duties accordingly , for this Customary Duty of Tythe Oare , in particular , as by their seuerall compositions in the first Fruites Office shall appeare .

3. The King hath alwayes had and hath an ancient Officer ouer the Myne , called a Barre-Maister , whose Office amongst other things is to see this ●uty paid , as appeares by Record in the Dutchy .

4. Of late time some Minors being encouraged by men of great power , for their owne particular interest haue denyed to pay this ancient Duty .

5. Vpon which denyall a Bill was exhibited into the Exchequer Chamber for a Proprietor of this Duty , and a Decree thereupon obtained vpon 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 Deane and Chapter 〈◊〉 Lichfield , where the Possession of this Duty was established likewise by Iniunction of that Court against the Minors .

6. The Minors vpon the same pretence which they now alledge in this Bill in Parliament obtained Order at the Counsell Table to retaine the said Cause there , and to stay all further proceedings at Law : And their Lordships after seuerall Hearings at the Councell Table , referred this Cause to a Tryall at the Common-pleas Barre , which accordingly was had , and after full and long Euidence giuen of both Parties , the Verdict passed against the Minors in Easter Terme , 1620.

7 The Minors not yet satisfied obtained of their Lordships to haue a second Tryall at the same Barre of the Court of Common Pleas , which also was had , and after full and long euidence againe giuen of both Parties , another Verdict passed against the Minors for the Proprietor of the said customary Duty , in Michaelmas Terme , 1620.

8. His Maiesty then being petitioned in this Cause , referred the consideration of it to the Right Reuerend Father in God , the Lord Arch-bishop of Canterbury , and Right Honourable the Lord President of the Councell , who after full Examination of all former proceedings had in this Cause in Iuly 1621. certified his Maiestie that they thought fit that the said Tythe or customary Tenth of Lead Oare should bee established according to the said ●wo Trials at Law , and the said Decree had in the Exchequer .

9. His Maiesty againe referring the whole Busines concerning the Tyth or customary Tenth of Lead Oare vnto the Councel Table : their Lordships vpon due consideration taken of all former proceedings in the Cause , did by their Order of the 5. of October 1621. cleerely dismisse and discharge the whole Cause concerning the said Tythe 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 Tythe or Tenth had receiued losse by being stayed at the Board vpon pretence from the Minors of some poynt 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 haue all the speed and expedition that the Law in Iustice might afford them , as by the said Order may appeare .

10. Since which dismission two seuerall Bills were exhibited into the Chancery touching the right of the said Tythe or Tenth of Lead Ore ; wherevpon after examination of Witnesses and Publication of the Depositions , and other due proceedings , two seuerall Decrees were made in the said Court against the Minors , the one in Michaelmas Terme , 1622. and the other in Michaelmas Terme last past .

11. During the Dependancie and continuance of all which Suites and contentions , the Minors in the Parishes where , and when great men meddled not , did all the time of these Suits , and still doe constantly pay the said Tythe or Tenth of Lead Ore .

12. The Lords of the Soyle and their Farmours haue two seuerall Duties from the Minors , the Cope which in some places is foure pence , and in others sixe pence for euery Load , and the Lot which is euery thirteenth Dish , for which the Lords are to allow the Minors Wood for their Groues , or holes where they get their Oare , as by the custome of the Mine appeares , which allowance the Lords of the Soyle of late haue refused to make the Minors , in recompence of which losse they are ready to further the Sute against the Ministers and Propriators of the Tythe or Tenth .

By all these proceedings it appeares that in poynt of Law the Title is cleered against the Minors in Law , by the two Verdicts : in poynt of equity it is likewise cleere against them , by the seuerall Decrees in Courts of equity , one in the Exchequer Chamber and two in the Chancery , and for matter of State , it is also cleered by the Order and proceedings of the Councell Table . Therefore this being the Inheritance of the said Ministers and Proprietors ; and hauing in a manner passed all the Courts of Iustice at Westminster and the Councell Board , they hope this Honourable House will not disinherite them .

All the Premises the Ministers and Proprietors of the said Tythe or Tenth of Lead Oare doe auerre to be true vpon their House , and are ready prepared to proue the same by the seuerall Records and proofes by them alleadged .