To the honourable the Commissioners for COMPOVNDING:  
The humble Petition of Josiah Primatt, Citizen and Leather-seller of London:  
SHEWETH,  
THat the Collyerie of Harraton in the County of Durham, consisting of four Seams of Coal, distinguished by the names of the half Yard, three quarter, five quarter, and nine quarter coal, and that one moiety of the Five and Nine quarter seams of Coal in the said Collyerie were wrought under your Petitioners title, one of them until 1640. and the other until 1642. and from that time, both the said Seams of coals lay drowned and unwrought until 1647. at which time your Petitioners tenants( viz.) Mr. George Lilburn and Mr. George Gray the younger, as to one moiety, and the tenants of one Commondale, and one Metcalf as to another fourth part of the said Seams of coal, undertook to regain and work the said 5 and 9 quarter Seams of coals, and by the expense of near 2000 l. they did regain and work the same until May 1648. at which time the Mynes were fired, and above 50. persons lives lost thereby, and within two months after by a great flood, the said Mynes were drowned again, and by the end of that year were regained again by the vast expense of your Petitioners said tenants, George Lilburn and Geo●ge Gray, who enjoyed the same until September 1649. And within two months after were sequestered by Sir Arthur Haselrig, &c. and by Souldiers violently taken from your Petitioners said tenants, merely out of pretence that they were sequestered in 1644. as belongnig to one Thomas Wray of Beamish in the said County, a Papist Delinquent.  
That before that day of Sequestration, your Petitioner went down into the County of Durham, and by his council desired the Committee there, that the said Mr. Wray might show his title, and evidence to the said Mynes, or that any Order in 1644. for sequestering the same as belonging to the said Mr. Wray, might be produced; but upon the day of hearing before the Committee of Durham, no such Order could be produced, and it would not be permitted by Sir Arthur Haselrig that the said Wray should show any title thereunto, as is already deposed before your Honors, by divers witnesses then present.  
That your Petitioner thereupon appealed to your Honors, and after long attendance, coming to a hearing about the seven and twentieth of February last, the deposition of the said Wray in Chancery, not being allowed to be used, although in October 1641, he positively swore that he had no interest at all in the 5 and 9 quarter coal, but a fourth part; which Oath in any Court in England, ought not to be denied for good evidence against himself, and the depositions of other witnesses being laid aside as parties, although they offered their Oaths that they had no Interest therein in Law or equity, and there was no writing purporting the sam●; Your Petitioner thereupon was necessitated to withdraw his Petition, and to present a new Petition according to your Order, stating his title unto the 5 and 9 quarter Seams of coal, and his possession thereof, and to sand above two hundred miles for several witnesses to prove the same; and your Committee of Durham, and Mr. Fowle, were ordered to take a special care of the Commonwealths Interest therein, and Mr. Wray was ordered to be at the hearing, and to have moneys allowed him for his charges, and to bring with him all his deeds and evidences concerning the same.  
That your Petitioners witnesses being examined, and according to your Order, publication had, and a report of the state of the case being drawn by Mr. Reading, you were pleased to appoint a day for hearing the case, and to order that Mr. Wray should be present at the same to produce his deeds, and evidences; and h 〈…〉 t coming, a seco●● da● of ●earing was appointed, and the said Wray ordered again to be there; and he not coming, it was pretended, that the reason was because he had not a licence from the council of State to come to London, although your own Officers had for about 2 months been ordered to procure such a licence, whereupon your Petitioner undertook to procure such a licence, and in one afternoon did procure the same, and sent it down by the Post.  
That now the said Wray having been come to London above a week, your Petitioner expected his bearing, according to your several Orders, and that Mr. Wray should have brought his evidences into Court; but in stead hereof on Friday last, he finds Mr. Wray Petitioning for three months longer time, but states no title at all, nor produceth any dead according to your several Orders in the said case, not names any dead of any date, that he would have time to prove; and at last makes Oath that he hath material witnesses to examine, but names not unto what, and being asked who they were, he said in open Court, he knew not; yet contrary to the Rules of all Courts of Justice in England, that Affidavit of the said Wray was admitted by your Honors, as sufficient to give him a longer time.  
That your Petitioner humbly offers it to you, that by confession of all parties, you took the said 5, and 9 Quarter seams of Coals out of your Petitioners possession in 1649. and that in near two years time since, no proof is offered on the behalf of the State, that the State was ever in possession of the said seams of Coal by Sequestration, which ought to have been upon Record, if it had been so, and that your Petitioner hath proved by many sufficient Witnesses, that the 5, and 9 Quarter seams of coal was never wrought from 1642, till 1647. when they were won and Wrought by your Petitioner and his Tenants and others: Claiming from Metcalf and Comondale; and that in such Cases, by your own Rules, you do take away no mans possession, until the States title thereunto appears: And if it be doubtful, you suffer the Possessor to enjoy it upon Security.  
He further offers, That in case the said 9, and 5 Quarter Seams of Coal should by ill management be drowned, fired, or the Pits Wrought out, a vast sum of Money would not recover the same, and he knows not how he shall be repaired.  
He therefore humbly preys, That he may either be restored to his possession, upon proof hereof now before you, at least upon Security, which you do in Ordinary Cases, upon an Affidavit only; Or otherwise that his Case may be heard forthwith, no Title ever yet being set up against him.  
And your Petitioner shall ever pray, &c. Josiah Primat.