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 .