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<DATE>2014-08-20</DATE>
<RESPSTMT>
<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140626.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B28370">
<STC T="W">P3456a</STC>
<BIBNO T="umi">99829134</BIBNO>
<VID>207723</VID>
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<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="petition">
<PB REF="1">
<HEAD TYPE="sub">To the honorable the Commi&s;&s;ioners for COMPOVNDING:</HEAD>
<HEAD><HI>The humble Petition of</HI> Jo&s;iah Primatt, <HI>Citizen and Leather-&s;eller of</HI> London:</HEAD>
<OPENER>SHEWETH,</OPENER>
<P>THat the Collyerie of <HI>Harraton</HI> in the County of <HI>Durham,</HI> con&s;i&s;ting of four Seams of Coal, di&s;tingui&s;hed by the names of the half Yard, three quarter, five quarter, and nine quarter Coale, and that one moiety of the Five and Nine quarter Seames of Coal in the &s;aid Collyerie were wrought under your Petitioners title, one of them untill 1640. and the other until 1642. and from that time, both the &s;aid Seams of coals lay drowned and unwrought until 1647. at which time your Petitioners tenants (viz.) Mr. <HI>George Lilburn</HI> and Mr. <HI>George Gray</HI> the younger, as to one moiety, and the tenants of one <HI>Commondale,</HI> and one <HI>Metcalf</HI> as to an|other fourth part of the &s;aid Seams of coal, undertook to regain and work the &s;aid 5 and 9 quarter Seams of coals, and by the expence of near 2000 <HI>l.</HI> they did regain and work the &s;ame until <HI>May</HI> 1648. at which time the Mynes were fired, and above 50. per&s;ons lives lo&s;t thereby, and within two months after by a great flood, the &s;aid Mynes were drowned again, and by the end of that year were regained again by the va&s;t expence of your Petitioners &s;aid tenants, <HI>George Lilburn</HI> and <HI>Geo<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ge Gray,</HI> who enjoyed the &s;ame until <HI>September</HI> 1649. And within two months after were Seque&s;tred by Sir <HI>Arthur Ha&s;elrig,</HI> &amp;c. and by Souldiers violently taken from your Petitioners &s;aid tenants, meerly out of pretence that they were Seque&s;tred in 1644. as belongnig to one <HI>Thomas Wray</HI> of <HI>Beami&s;h</HI> in the &s;aid County, a Papi&s;t Delinquent.</P>
<P>That before that day of Seque&s;tration, your Petitioner went down into the County of <HI>Durham,</HI> and by his Councell de&s;ired the Com|mittee there, that the &s;aid Mr. <HI>Wray</HI> might &s;hew his title, and evidence to the &s;aid Mynes, or that any Order in 1644. for &s;eque&s;tring the &s;ame as belonging to the &s;aid Mr. <HI>Wray,</HI> might be produced; but upon the day of hearing before the Committee of <HI>Durham,</HI> no &s;uch Order could be produced, and it would not be permitted by Sir <HI>Arthur Ha&s;elrig</HI> that the &s;aid <HI>Wray</HI> &s;hould &s;hew any title thereunto, as is already depo&s;ed before your Honors, by divers witne&s;&s;es then pre&s;ent.</P>
<P>That your Petitioner thereupon appealed to your Honors, and after long attendance, comming to a hearing about the &s;eaven and twentieth of <HI>February</HI> la&s;t, the depo&s;ition of the &s;aid <HI>Wray</HI> in Chancery, not being allowed to be u&s;ed, although in <HI>October</HI> 1641, he po&s;i|tively &s;wore that he had no intere&s;t at all in the 5 and 9 quarter coal, but a fourth part; which Oath in any Court in <HI>England,</HI> ought not to be denied for good evidence again&s;t him&s;elf, and the depo&s;itions of other witne&s;&s;es being laid a&s;ide as parties, although they offered their Oaths that they had no Intere&s;t therein in Law or equity, and there was no writing purporting the &s;am<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">; Your Petitioner thereupon was nece&s;&s;itated to withdraw his Petition, and to pre&s;ent a new Petition according to your Order, &s;tating his title unto the 5 and 9 quar|ter Seams of coal, and his po&s;&s;e&s;&s;ion thereof, and to &s;end above two hundred miles for &s;everal witne&s;&s;es to prove the &s;ame; and your Committee of <HI>Durham,</HI> and Mr. <HI>Fowle,</HI> were ordered to take a &s;pecial care of the Commonwealths Intere&s;t therein, and Mr. <HI>Wray</HI> 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 concer|ning the &s;ame.</P>
<P>That your Petitioners witne&s;&s;es being examined, and according to your Order, publication had, and a report of the &s;tate of the ca&s;e being drawn by Mr. <HI>Reading,</HI> you were plea&s;ed to appoint a day for hearing the ca&s;e, and to order that Mr. <HI>Wray</HI> &s;hould be pre&s;ent at the &s;ame to produce his deeds, and evidences; and h<GAP DESC="illegible" RESP="MURP" EXTENT="1 span">t coming, a &s;eco<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> da<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> of <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">earing was appointed, and the &s;aid <HI>Wray</HI> ordered again to be there; and he not comming, it was pretended, that the rea&s;on was becau&s;e he had not a licence from the Councell of State to come to <HI>London,</HI> although your own Officers had for about 2 months been ordered to procure &s;uch a licence, whereupon your Petitioner un|dertook to procure &s;uch a licence, and in one afternoon did procure the &s;ame, and &s;ent it down by the Po&s;t.</P>
<P>That now the &s;aid <HI>Wray</HI> having been come to <HI>London</HI> above a week, your Petitioner expected his bearing, according to your &s;everal Or|ders, and that Mr. <HI>Wray</HI> &s;hould have brought his evidences into Court; but in &s;tead hereof on <HI>Friday</HI> la&s;t, he findes Mr. <HI>Wray</HI> Petitioning for three months longer time, but &s;tates no title at all, nor produceth any deed according to your &s;everal Orders in the &s;aid ca&s;e, not names any deed of any date, that he would have time to prove; and at la&s;t makes Oath that he hath material witne&s;&s;es to examin, but names not unto what, and being asked who they were, he &s;aid in open Court, he knew not; yet contrary to the Rules of all Courts of Ju&s;tice in <HI>England,</HI> that Affidavit of the &s;aid <HI>Wray</HI> was admitted by your Honors, as &s;ufficient to give him a longer time.</P>
<P>That your Petitioner humbly offers it to you, that by confe&s;&s;ion of all parties, you took the &s;aid 5, and 9 Quarter Seames of Coals out of your Petitioners po&s;&s;e&s;&s;ion in 1649. and that in near two years time &s;ince, no proof is offered on the behalf of the State, that the State was ever in po&s;se&s;&s;ion of the &s;aid Seames of Coal by Seque&s;tration, which ought to have been upon Record, if it had been &s;o, and that your Petitioner hath proved by many &s;ufficient Witne&s;ses, that the 5, and 9 Quarter Seames of Coale was never wrought from 1642, till 1647. when they were Wonn and Wrought by your Petitioner and his Tenants and others: Claiming from <HI>Metcalf</HI> and <HI>Comondale;</HI> and that in &s;uch Ca&s;es, by your own Rules, you doe take away no mans po&s;se&s;&s;ion, untill the States title thereunto appears: And if it be doubtfull, you &s;uffer the Po&s;se&s;sor to enjoy it upon Security.</P>
<P>He further offers, That in ca&s;e the &s;aid 9, and 5 Quarter Seams of Coal &s;hould by ill management be drowned, fired, or the Pits Wrought out, a va&s;t &s;umm of Money would not recover the &s;ame, and he knows not how he &s;hall be repaired.</P>
<P>He therefore humbly prays, <HI>That he may either be re&s;tored to his po&s;&s;e&s;&s;ion, upon proof hereof now before you, at lea&s;t upon Security, which you doe in Ordinary Ca&s;es, upon an Affidavit only; Or otherwi&s;e that his Ca&s;e may be heard forthwith, no Title ever yet being &s;et up again&s;t him.</HI></P>
<CLOSER>And your Petitioner &s;hall ever pray, &amp;c. <SIGNED>Jo&s;iah Primat.</SIGNED></CLOSER>
</DIV1>
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