THE
CASE
.
THE
Mannor
of
Gillingham
is
ancient
D●measme
,
and
belongeth
to
the
Crown
of
England
,
and
hath
alwayes
heretofore
used
to
be
parcell
of
the
Queenes
Jointure
,
and
never
out
of
the
hands
of
the
King
,
Queen
,
of
Prince
for
the
time
being
,
untill
the
same
was
lately
granted
in
Fee-Farme
to
the
Right
Honourable
the
Earl
of
Elgin
parcell
,
of
which
Mannor
is
a
great
Wast
or
Common
,
called
the
Bayliffes
Walk
.
That
within
the
said
Mannor
and
Bayliff●s
Walk
,
lyeth
the
late
Forrest
of
Gillingham
,
compassed
almost
round
by
the
said
Mannor
and
Bayliff●s
Walk
,
within
which
Mannor
are
many
Freeholds
,
and
above
200.
Copies
of
Inheritance
at
Fine
,
and
heriot
certaine
,
the
which
Fines
and
heriots
,
Rents
and
Profet
,
of
Courts
,
have
been
paid
to
the
Queenes
use
,
and
ordered
by
the
Court
of
the
Mannor
.
That
there
is
likewise
another
Mannor
consisting
of
several
Copy
holders
of
Inheritance
,
called
the
Forrest
Mannor
,
at
fine
,
and
heriots
certaine
;
the
which
Fines
,
Herots
,
Rents
,
and
Profits
of
Courts
,
have
been
paid
to
the
Wardens
of
the
Forrest
his
use
,
and
ordered
by
the
Forrest
Court
of
that
Mannor
.
That
all
the
said
Tenants
of
both
the
said
Mannors
,
and
other
Inhabitants
,
have
time
out
of
mind
had
and
used
to
have
Common
of
Pasture
within
the
said
Forrest
,
for
their
Horse
Beasts
,
and
other
Beasts
,
levant
and
couchant
upon
their
respective
tenements
all
the
year
,
at
all
times
of
the
yeare
,
as
to
their
respective
tenements
belonging
,
and
Common
of
Pasture
within
the
said
Bayliffes
Walke
,
for
their
Horse
Beasts
,
or
other
Beast
and
sheepe
levant
and
couchant
upon
their
respective
tenements
,
all
the
yeare
,
at
all
times
of
the
yeare
,
as
to
their
respective
tenements
likewise
pertaining
.
That
the
said
Fine
,
certain
,
and
customes
,
haue
been
by
severall
Decrees
,
the
one
in
the
Ezchequer
,
the
other
in
Queen
Annes
Court
,
and
by
an
Act
of
Parliament
7.
Iacob
.
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
Iames
Fullerton
Knight
(
being
Commissioner
and
Patentee
,
for
about
40.
yeares
of
the
said
Forrest
,
at
a
small
Rent
)
and
to
others
,
whereof
the
said
Sir
Iames
Fullerton
was
of
the
Quorum
,
to
disafforrest
and
improve
the
said
Forrest
,
for
the
advancement
of
his
Majesties
Revenues
,
with
Articles
of
Instruction
annexed
,
for
compounding
with
the
Commoners
and
Officers
by
allotments
out
of
the
said
Forrest
,
in
satisfaction
of
their
Common
and
Offices
there
;
and
for
reliefe
of
the
poore
,
and
for
setting
out
convenient
high-wayes
through
the
said
Forrest
,
as
by
the
Records
thereof
in
his
Majesties
Court
of
Exchequer
;
amongst
other
things
may
at
large
appeare
.
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
thereof
,
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
divers
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
Articles
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
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.
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
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
poore
being
about
800.
Families
amount
not
unto
above
600.
Acres
or
thereabouts
,
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
improvement
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
reparations
;
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
being
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●fforestation
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
unconscionable
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
Tenants
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
tenants
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
,
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
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
relieved
,
and
have
had
restitution
of
his
goods
being
so
unjustly
taken
;
but
when
it
was
heard
,
and
the
depositions
of
witnesses
read
,
the
Earle
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
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
assured
unto
them
in
the
name
of
Customary
Lands
without
Rent
or
Fine
,
which
is
not
performed
.