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 Coale , and that one moiety of the Five and Nine quarter Seames of Coal in the said Collyerie were wrought under your Petitioners title , one of them untill 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 expence 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 expence of your Petitioners said tenants , George Lilburn and Geo●ge Gray , who enjoyed the same until September 1649. And within two months after were Sequestred by Sir Arthur Haselrig , &c. and by Souldiers violently taken from your Petitioners said tenants , meerly out of pretence that they were Sequestred 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 Councell desired the Committee there , that the said Mr. Wray might shew his title , and evidence to the said Mynes , or that any Order in 1644. for sequestring 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 shew 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 , comming to a hearing about the seaven 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 send 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 comming , it was pretended , that the reason was because he had not a licence from the Councell 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 findes Mr. Wray Petitioning for three months longer time , but states no title at all , nor produceth any deed according to your several Orders in the said case , not names any deed of any date , that he would have time to prove ; and at last makes Oath that he hath material witnesses to examin , 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 Seames 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 Seames 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 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 Metcalf and Comondale ; and that in such Cases , by your own Rules , you doe take away no mans possession , untill the States title thereunto appears : And if it be doubtfull , 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 summ of Money would not recover the same , and he knows not how he shall be repaired .

He therefore humbly prays , That he may either be restored to his possession , upon proof hereof now before you , at least upon Security , which you doe 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 .