To the Right Honourable, the Knights, Citizens, and Burgesses of the Parliament of England, assembled in the House of COMMONS at WESTMINSTER.  

The humble Petition of the Tenants and Freeholders of the Manor of Gillingham in the County of Dorset.  
HUMBLY SHOWETH;  
THat at a Parliament held in February in the fourth year of his now Majesty's Reign, a Petition was then exhibited to the Grand Committee for Grievances, by the then Tenants of the said Manor of Gillingham aforesaid, subscribing their names to the particular Grievances then thereby complained of, arising upon the disafforestation of the late Forest of Gillingham on the behalf of themselves, and of 400. others, which never compounded or were questioned, who had right of Common within the same late Forest, containing a complaint against a commission then lately awarded out of his Majesty's Court of Exchequer, to Sir james Fullerton, and others, for the enclosing of the said late Forest, and a place there called the Bailiffs walk, & against the proceed of the said Commissioners, in executing of the said Commission; and likewise against a Decree made against the said Petitioners in the said Court of Exchequer, concerning the said Forest and Bailiffs walk. By which Commission and proceed thereupon, the said Petitioners, and many hundreds more of the Tenants and Inhabitants, and Commoners there, were much damnified and oppressed, as was alleged by the said Petition; And therefore the said Petitioners humbly prayed, that the said Commission and ptoceeding might be examined; which said Petition was read, and ordered to be retained, and a day appointed for hearing the said Cause. As by the said Petition remaining in this Honourable House, and by the subscriptions, and Copy of the Order of this Honourable House thereupon made ready to be produced, may more fully appear; but by reason of the sudden dissolution of the same Parliament, the cause was not heard; since which time, divers other wrongs and oppressions have been against the said Tenants by the Agents and Instruments of the R●ght Honourable the Earl of Elgin, the present Fee-Farmer of the said Manor and Forest; all which are comprehended in the Articles annexed.  
Humbly therefore pray, that you will be pleased to revive the Cause upon the first Petition, and to hear and relieve your Petitioners complaint, as well in those as in these other Grievances since happening, as the justice of the Cause shall require.  
And your Petitioners saall ever pray, etc.   

THE CASE.  
THE Manor of Gillingham is ancient D●measme, and belongeth to the Crown of England, and hath always heretofore used to be parcel of the Queen's Jointure, and never out of the hands of the King, Queen, of Prince for the time being, until the same was lately granted in Fee-farm to the Right Honourable the Earl of Elgin parcel, of which Manor is a great Wast or Common, called the Bailiffs Walk.  
That within the said Manor and Bailiffs Walk, lieth the late Forest of Gillingham, compassed almost round by the said Manor and Bailiffs Walk, within which Manor are many Freeholds, and above 200. Copies of Inheritance at Fine, and heriot certain, the which Fines and heriots, Rents and Profet, of Courts, have been paid to the Queen's use, and ordered by the Court of the Manor.  
That there is likewise another Manor consisting of several Copy holder's of Inheritance, called the Forest Manor, at fine, and heriots certain; the which Fines, Herots, Rents, and Profits of Courts, have been paid to the Wardens of the Forest his use, and ordered by the Forest Court of that Manor.  
That all the said Tenants of both the said Manors, and other Inhabitants, have time out of mind had and used to have Common of Pasture within the said Forest, for their Horse Beasts, and other Beasts, levant and couchant upon their respective tenements all the year, at all times of the year, as to their respective tenements belonging, and Common of Pasture within the said Bailiffs Walk, for their Horse Beasts, or other Beast and sheep levant and couchant upon their respective tenements, all the year, at all times of the year, as to their respective tenements likewise pertaining.  
That the said Fine, certain, and customs, have been by several Decrees, the one in the Ezchequer, the other in Queen Anne's Court, and by an Act of Parliament 7. jacob. Reg. confirmed, and the Charter exemplified, which cost the tenants above 800. pounds.  
That in Aug. 1. Car. Reg. a Commission issued forth of the Exchequer to Sir james Fullerton Knight (being Commissioner and Patentee, for about 40. years of the said Forest, at a small Rent) and to others, whereof the said Sir james Fullerton was of the Quorum, to disafforrest and improve the said Forest, for the advancement of his Majesty's Revenues, with Articles of Instruction annexed, for compounding with the Commoners and Officers by allotments out of the said Forest, in satisfaction of their Common and Offices there; and for relief of the poor, and for setting out convenient highways through the said Forest, as by the Records thereof in his Majesty's Court of Exchequer; amongst other things may at large appear.   

1. GRIEVANCE.  
THat 22. Jacob. Reg. a Map of the said Forest was taken by one Mr. jenkin's and his men, who brought with him a perambulation thereof, as he pretended, wherein was included all the Bailiffs Walk, and the Houses, Gardens, and Enclosures of about two hundred Tenants and Cottage.  
2. That for doing that service, the said Mr. Jenkins required the then Bailiff and Hayward of the said Manor to attend his men, and to inform 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 Forest; And the said Mr. Jenkins after the taking thereof, alleged upon his oath, that he was assisted therein with divers ancient witnesses, albeit the said Map was taken by his men only, and himself very seldom with them.  
3. That 23. Aug. 22. jacob. a Court of Survey was holden at Gillingham, at which Court a Jury was sworn to present, according to Articles then delivered them, whereof one of them was for the bounds of the Forest (none of the Jury then perfectly knowing the bounds between the said Forest and the said Bailiffs walk, 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 map, which the said Mr. jenkin's produced unto them upon his Oath according to the perambulation he brought with him; by which means the Bailiffs walk was taken to be Forest.  
4 That the Commissioners caused the Tenants one by one to be drawn into a little close private Chamber in an Inn in Gillingham, where the then Bailiff kept the door, and there compounded with some of them for their Commons in the said Forest, promising, to allot to every 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. several men's names, of which nineteen 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 enclose the out-bounds of his part round, which is not performed.  
6. That the alotments hereupon made, were laid forth defective, and not pursuant, the said Commission and agreement and his Majesty's directions, and laid inconveniently in respect of ways to the prejudice of five Market Towns within 6. miles of the said Forest. And that by His Majesty's directions and the Commssioners appointment, the said Mr. jenkin's was to lay out the alotments and ways by the approbation 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 poor being about 800. Families amount not unto above 600. Acres or thereabouts, which are all taken out of the Bailiffs walks, (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 Bailiffs walk) is now enjoyed by the E. of Elgin, and Mr. Kirke.  
8. That thereupon at the instance of Sir James Fullerton (who was the King's Commissioner in his own cause) the intended improvement being for himself, an information was exhibited in the Exchequer Chamber (in the name of the King's Majesty) by the then Attorney 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 Bailiffs walk was within, & parcel of the said F●rrest & answers made by such as were then questioned, divers orders were obtained there for the strengthening of the said Alotments, and a decree was had against them, and all other the Commoners though no parties; whereupon the said Sir james Fullerton and Mr. Kirke enclosed the residue for His Majesty as was pretended, but kept it for their own uses.  
9 That the highways by those enclosures are become impassable, and laid upon the general Charge of the Parishioners for reparations; whereas by Agreement the same were to be repaired by the King's Farmer, and the Country to be discharged, and the way●s to go through the enclosed grounds of His Majesty's part without restraint or limitation.  
10. That divers highways within the said late Forest, by the said enclosures are diverted above half a mile about, and some wholly stopped up to the great annoyance of the Country, for that they have spoiled their horses and wares, and have been enforced to give their money to go through the enclosed grounds.  
11. That the said Sir james Fullerton did assign, devise, or leave the remainder of his Term in the said Forest, to the said Earl as his Excecuter in trust for the Lady Bruce his relict, and for the said Earl, or one of them, and the said Earl hath since procured to him and his heirs, both the said Manors, and Forest, and Pa●ke likewise from His Majesty in fee farm for a small fine a●d rend, 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 value thereof being worth near 2000 l. per annum in good times: And albeit the wood and Timber in the said late Forest at the time of the disafforestation were worth 8000. l. at the least, which was to be sold for His Majesty's best profit reserving a great part of it for maintaining house's, bridges, Fences, and highways in the Forest, Parke, and manor, yet it being for the most part cut down and sold, and almost all the posts, pales, and rails of the Park, 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 Forest and Park were selled, out of which His Majesty hath had very little profit but great loss.  
12. That the said Earl hath by Tko. Bronker Gentleman, and others his Agents and Instruments ere deavoured of late to advance his purchase of the premises by requiring and taking more beryets of the Tenants there then by the Custom are due, to the great oppression, of the said Tenants your Petitioners, and hath preferred a Bill in the Exchequer, endeavouring to make good such unjust and unconscionable demands concerning them and other things, and hath likewise taken away the yearly fees belonging to the Reeve of the said Forest and Forrest manor, being yearly by Custom, to be one of the said Tenants of the said Forrest-mannour, amounting in value to 3. l. per annum and upwards, and given no allowance for the same, His Majesty's 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 ancient Court Rolls of the said manor are, and have been ever by custom used to be put for near 500 years past, as in an indifferent and safe hand between the Lord and Tenants; but that there are the rolls of 13. year's last passed kept in Mr. Bronker, or the Deputy Steward's ha●ds, and not put into that Chest to the hazard of the Tenant's Estates, and palpable breach of their Customs.  
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 Earl, with great alterations from the former, without the consent of the said Tenants or other legal authority to warrant the same; whereby the Tenants and poor are much wronged.  
15. That Charles Wills, Morgan Cave, and Edm. Coward, did subscribe and accept of 110. Acres of the Forest for 110 poor men, named in 2. several notes delivered to the Commissioners, and to be assured to them and others, as feoffees in trust, to remain to the use of the poor 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 Forest 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 return the note to London to the Commissioners with speed, which was not performed; but many years after Coward of himself, 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 lie; for that it was enclosed in the poors and other Tenants grounds long before.  
17. That after the ground was laid out for the poor and other Tenants Mr. Thomas Branker, Richard Perue, William Shepherd, Peter Greene, Ben. Sanger, Io. Wilkins, and Mary Greene, did enclose about 40. Acres of the best of the ground of the poors, and poorer sort of Tenants to their own use: By means whereof the ground which is left for the poor, is half a mile in length, in nature of a Lane, and 30. ways over it, and no allowance of ground for ways, and is now by the said new constat set out in 9 several places, by which means near 200. tenants and poor 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 towns, and Parishes near the said Forest, to satisfy him above 1000 l. for his pretended damages, to the great disturbance and oppression of the Inhabitants near the said Forest.  
19▪ That the said Earl doth of late take upon him to dispose in Court of the Copyhold Lands of Inheritance of the heirs of such tenants as die, their heirs being underage, and let out the same at under values by way of Lease for many years together, with unreasonable and unjust allowances, to the manifest wrong and oppression of such Infants, which is a great encroachment on the liberty and property of the said tenants, and an attempt to draw the tenants heirs, being minors, into a greater slavery and servitude, than a tenure in Capite, whereas 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 Knight's service tenure.  
20. That one Woolridg being Bailiff of the Manor of Gillingham, and employed in all the business concerning the disafforestation of the said Forest, was upon a Riot of a breach of the Enclosures of the said Forest, 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 levied 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 Earl, and Bronker, and others in the Exchequer chamber, hoping to have been relieved, and have had restitution of his goods being so unjustly taken; but when it was heard, and the depositions of witnesses read, the Earl sitting 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 Oaths (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 be assured unto them in the name of Customary Lands without Rent or Fine, which is not performed.