1. GRIEVANCE.

THat 22. Jacob.Reg. a Map of the said Forrest was taken by one Mr. Ienkins and his men, who brought with him a perambulation there∣of, as he pretended, wherein was included all the Bayliffes Walk, and the Houses, Gardens, and Inclosures of about two hundred Tenants and Cottage.

2. That for doing that service, the said Mr. Jenkins required the then Bayliffe and Hayward of the said Mannor to attend his men, and to informe them of all the places named in the said Perambulation, and the houses and grounds of the Tenants: All which was pretended to be within the said Forrest; And the said Mr. Jenkins after the taking thereof, alleadged upon his oath, that he was assisted therein with di∣vers ancient witnesses, albeit the said Map was taken by his men only, and himself very seldome with them.

3. That 23. Aug. 22. Iacob. a Court of Survey was holden at Gillingham, at which Court a Jury was sworne to present, according to Ar∣ticles then delivered them, whereof one of them was for the bounds of the Forrest (none of the Jury then perfectly knowing the bounds between the said Forrest and the said Bailiffs walke, which had been used time out of mind, And having no evidence produced therefore, they did not distinguish the said bounds in their presentment, but did present only the aforesaid mapp, which the said Mr. Ienkins produced unto them upon his Oath according to the perambulation he brought with him; by which meanes the Bailiffes walke was taken to be Forrest.

4 That the Commissioners caused the Tenants one by one to be drawn into a little close private Chamber in an Inne in Gillingham, where the then Bailiffe kept the doore, and there compounded with some of them for their Commons in the said Forrest, promising, to allot to e∣very of them ratably after the rate of ten Acres of Forrest-ground for every 100. Acres of their several, and so after that proportion, and to every ancient Cottage and Acre, and in that manner got the subscriptions of 73. severall mens names, of which nineteene did subscribe for such as were not present, and some of them knew not of the said Commission, and some of them after disastented to the said subscription, & some of them so subscribing were the Commissioners themselves.

5. That the King by the Agreement was to inclose the out-bounds of his part round, which is not performed.

6. That the alotments hereupon made, were layd forth defective, and not pursuant, the said Commission and agreement and his Majesties directions, and layd inconveniently in respect of wayes to the prejudice of five Market Townes within 6. miles of the said Forrest. And that by His Majesties directions and the Commssioners appointment, the said Mr. Ienkins was to lay out the alotments and wayes by the appro∣bation of 12. of the Tenants and Commoners; but he caused his men to lay them out as he pleased, and being questioned for it by one of the Commssioners, and some of the 12. he answered, it is so and it must be, and it shall be so; for I will have it so.

7. That all the alotments for all the said Tenants and poore being about 800. Families amount not unto above 600. Acres or therea∣bouts, which are all taken out of the Bailiffes walkes, (except about 50. Acres) the remainder being about 2600. Acres, worth 1300 l. per Annum, (whereof about 200. Acres or more is taken out of the said Bailiffes walke) is now enjoyed by the E. of Elgin, and Mr. Kirke.

8. That thereupon at the instance of Sir James Fullerton (who was the Kings Commissioner in his own cause) the intended improve∣ment being for himselfe, an information was exhibited in the Exchequer Chamber (in the name of the Kings Majesty) by the then Atturney Gen. against some of the Tenants which had subscribed as aforesaid, and against some others that had refused, and upon pretence that t•e said Composition was made with the Major part of the Commoners, and that the Bailiffes walk was within, & parcell of the said F•rrest & answers made by such as were then questioned, divers orders were obtained there for the strengthning of the said Alotments, and a decree was had against them, and all other the Commoners though no parties; whereupon the said Sir Iames Fullerton and Mr. Kirke inclosed the residue for His Majesty as was pretended, but kept it for their own uses.

9. That the high-wayes by those inclosures are become impassable, and laid upon the generall Charge of the Parishioners for repara∣tions; whereas by Agreement the same were to be repaired by the Kings Farmer, and the Countrey to be discharged, and the way•s to go through the inclosed grounds of His Majesti•s part without restraint or limitation.

10. That divers high-wayes within the said late Forrest, by the said inclosures are diverted above halfe a mile about, and some wholly stopped up to the great annoyance of the Countrey, for that they have spoiled their horses and wares, and have been inforced to give their money to go through the inclosed grounds.

11. That the said Sir Iames Fullerton did assigne, devise, or leave the remainder of his Tearme in the said Forrest, to the said Earle as his Excecuter in trust for the Lady Bruce his relict, and for the said Earle, or one of them, and the said Earle hath since procured to him and his heyres, both the said Mannors, and Forrest, and Pa•ke likewise from His Majesty in fee farme for a small fine a•d rent, per annum; for the premises being about 140.l. 16.s. 8.d. whereof about 48 l. is the ancient rent of both manners, in respect of the true valew thereof be∣ing worth neere 2000.l. per annum in good times: And albeit the wood and Timber in the said late Forrest at the time of the dis•fforesta∣tion were worth 8000.l. at the least, which was to be sold for His Majesties best profit reserving a great part of it for mainta•ning hous•s, bridges, Fences, and high-wayes in the Forrest, Parke, and mannour, yet it being for the most part cut down and sold, and almost all the posts, pales, and railes of the Parke, Fences, being part of that Timber, are taken up and sold by Mr. Bronker; for which many hundreds of the best timber Trees in the Forrest and Parke were selled, out of which His Majesty hath had very little profit but great losse.

12. That the said Earle hath by Tko. Bronker Gentleman, and others his Agents and Instruments er deavoured of late to advance his purchase of the premises by requiring and taking more beryets of the Tenants there then by the Custome are due, to the great oppression, of the said Tenants your Petitioners, and hath preferred a Bill in the Exchequ•r, endeavouring to make good such unjust and unconsciona∣ble demands concerning them and other things, and hath likewise taken away the yearely fees belonging to the Reeue of the said Forrest and Forrest mannour, being yearely by Custome, to be one of the said Tenants of the said Forrest-mannour, amounting in valew to 3.l. per annum and upwards, and given no allowance for the same, His Majesties directions therein not being performed.

13. That the Court Rolls may be put from time to time into the common Chest, appointed for that purpose, where all the antient Court Rolls of the said mannour are, and have been ever by custome used to be put for neere 500. yeares past, as in an ind•fferent and safe hand be•ween the Lord and Tenants; but that there are the rolls of 13. yeares last past kept in Mr. Bronker, or the Deputy Stewards ha•ds, and not put into that Chest to the hazard of the Tenan•s Estates, and palpable breach of their Customes.

14. That of late a new constat of Alotments, upon the said disafforestation hath been made by the private direction of the said Thomas Bronker, and one Edward Coward Agents under the said Earle, with great alterations from the former, without the consent of the said Te∣nants or other legall authority to warrant the same; whereby the Tenants and poore are much wronged.

15. That Charles Wills, Morgan Cave, and Edm. Coward, did subscribe and accept of 110. Acres of the Forrest for 110 poore men, named in 2. severall notes delivered to the Commissioners, and to be assured to them and others, as feoffees in trust, to remaine to the use of the poore for ever, a great part whereof is altered and taken away.

16. That the said Charles Wills, Morgan Cave, and Edm. Coward, did subscribe and accept of 50. Acres of ground of the Forrest for 48. of the poorer sort of Tenants named in a note presented to the Commissioners, the which note was left in the hand of Edm. Coward, that he should take the hands of such as were named in the said note, and to returne the note to London to the Commissioners with speed, which was not performed; but many yeares after Coward of himselfe, without the consent of the others, put out about 20. of such as were named in the said note, and put in others in their places; but they were such as must sell, whereby he was rewarded of the buyer and seller, and the most of them do not know where their Acres do lye; for that it was inclosed in the poores and other Tenants grounds long before.

17. That after the ground was layd out for the poore and other Tenants Mr. Thomas Branker, Richard Perue, William Sheapheard, Peter Greene, Ben. Sanger, Io. Wilkins, and Mary Greene, did inclose about 40. Acres of the best of the ground of the poores, and poorer sort of Tenants to their own use: By meanes whereof the ground which is left for the poore, is halfe a mile in length, in nature of a Lane, and 30. wayes over it, and no allowance of ground for wayes, and is now by the said new constat set out in 9. severall places, by which meanes neere 200. tenants and poore receive much wrong.

18▪ That the said Earl hath now lately caused to be taken out an Inquisition and attachment against the Inhabitants of five townes, and Parishes neer the said Forrest, to satisfie him above 1000.l. for his pretended dammages, to the great disturbance and oppression of the Inhabitants neer the said Forrest.

19▪ That the said Earl doth of late take upon him to dispose in Court of the Copyhold Lands of Inheritance of the heires of such te∣nants as dye, their heires being underage, and let out the same at under values by way of Lease for many yeares together, with unreasonable and unjust allowances, to the manifest wrong and oppression of such Infants, which is a great incroachment on the liberty and property of the said tenants, and an attempt to draw the tenants heires, being minors, into a greater slavery and servitude, then a tenure in Capite, where∣as the Ordinance concerning the Court of Wards aymts (as the Petitioners humbly conceive) at the Liberty of the Subject, even in cases of Capite, or Knights service tenure.

20. That one Woolridg being Bayliffe of the Mannor of Gillingham, and employed in all the businesse concerning the disafforestation of the said Forrest, was upon a Ryot of a breach of the Inclosures of the said Forrest, accused in Star-chamber for an Abettor by some who were great enemies to him for his service done about the disafforestation, and was fined 200. l. which fine, with others the said Sir James Fullerton had granted to him from his Majesty, with power to discharge any that were fined, as he pleased; And being truly informed, he did freely forgive the said fine to the said Woolridg. But after his death, the said Earl caused the said Woolridg to be imprisoned for the same Fine, and the said Mr. Bronker hath unjustly levyed of the goods and estate of the said Woolridg, for the said Fine, above 260.l. besides it cost (the said) Wolridg 40.l. to bring it to a hearing.

21. That Wolridg brought a suit against the said Earle, and Bronker, and others in the Exchequer chamber, hoping to have beene relie∣ved, and have had restitution of his goods being so unjustly taken; but when it was heard, and the depositions of witnesses read, the Earle sit∣ting in Court, a Letter was delivered, and two or three lines read of it; whereupon Baron Trevor stood up; and did take the letter, and did look in it, and said, I will believe this Letter, before any of their Oathes (meaning the witnesses sworn in that Cause) and that he did see no cause in Equity, why any restitution should be made of the said Goods to the said Wolridg, and thereupon dismissed the Cause out of the said Court.

22 That it was agreed between the Commissioners and Tenants that subscribed, that the alotments of the Tenants should bee assu∣red unto them in the name of Customary Lands without Rent or Fine, which is not performed.