Forest of Rossendale. 43 



granted for the whole of her hfe. So that he took the puture for 

 himself, and his under-foresters, as belonging to his ofSce, justly, 

 and as to him was lawful. 



For the Abbot it was argued, that one Roger de Lacy, former 

 Constable of Chester, was seised of the Forest, with its appur- 

 tenances, and of a certain piece of waste called Brendewode where 

 the puture was claimed, which was parcel of the same Forest ; and 

 that in the time of King John, the place of Brendewode was a 

 waste, having no manor-house nor any habitation. That this 

 Roger granted this piece of waste with other tenements, to God 

 and the Blessed Mary, and to the Abbot of Stanlaw, in Cheshire, 

 from which place, by the grant of the founders, and license of the 

 Bishop, on account of the inundation of the Sea, the Abbey was 

 transferred to Whalley ; in proof of which gift the original deed of 

 Roger de Lacy, and the charter of 2nd Edward III. confirming the 

 same, were recited. It was further urged, that the Abbot in the 

 time of King Henry III., first constructed and built a manor-house 

 in the waste of Brendewode, where the puture was claimed, and 

 that the Manor was held in free pure and perpetual alms freed 

 from all charge, excepting only prayers and orisons for the souls of 

 the founders and feoffers, and their ancestors and heirs. But, 

 moreover, it was contended, that even the original Grantor, Roger 

 de Lacy, could have had no such puture as was now claimed ; 

 because when the original grant was made the place was altogether 

 waste, neither was there built upon it a manor-house or any house 

 whatsoever, and where houses and inhabitants were wanting, it 

 follows that puture there could be none ; so that even the title of 

 Roger might be annulled by plea in Law. At intervals, from 

 courtesy, and of their free will, the Abbot and his predecessors 

 had fed the Foresters ; but this, it was urged, was no justification 

 of the claim for puture. 



It was therefore commanded to the Sheriff that he summon 

 twelve jurors, who by consent of the parties to the suit, being 

 elected and sworn, found upon their oath that in the time of King 

 John the place of Brendewode was waste, not built upon, nor 



