Forest of Rossendale. 55 



be constructed under a licence, and owned and held by any sub- 

 ject, and were not governed by the Laws of the Forests. 



Some exceptions there were to this rule, however ; and the 

 Forests of Lancaster, in which was included the Forest of Rossen- 

 dale, were of those exceptions ; for before they became the property 

 of the Crown they were under the Forest Laws, and bad all the 

 various officers and courts appertaining thereto. " By the 

 Records of the Duchy Court of Lancaster, it appears that the 

 Eari of Lancaster had a Forest in the Counties of Lancaster and 

 York in the reign of Edward IL and Edward III., and did execute 

 the Forest Laws there in as ample a manner as ever any king did 

 before him. And even at this day (about the end of the sixteenth 

 century) there are no Records extant which are of that validity 

 relating to Forests as those Laws are ; and therefore it is 

 necessary for him who will be learned in the Forest Laws, carefully 

 to read the Assizes of the Forests of Lancaster and Pickering, in 

 which he will find many precedents of Judgments and Resolu- 

 tions, and almost anything which may happen or relate to 

 Forests." (fi) 



In 7 Edward II., the Earl ol Lancaster makes complaint— 

 " That several malefactors and disturbers of the peace, by force 

 and arms have entered his free chases in PenhuU, Trouden, 

 Acrington, Rossindale, Hoddesden, Romesgrene, and Todinton, 

 and his parks in PenhuUand Todinton, in the county of Lancaster, 

 and his free chases of Boweland and Marchedan, &c., without 

 his leave ; and chased, taken, and carried away his wild animals, 

 besides perpetrating other great enormities therein." 



In Saxon times, though the game was strictly preserved, and 

 penalties inflicted for unlawful appropriation and for trespass ; yet 

 the laws were comparatively mild and merciful, not, except in 

 isolated cases, going beyond pecuniary fines or imprisonment, 

 and every proprietor had the right of hunting on his own estate. 

 But after the Conquest, a stern and merciless code was introduced, 



(b) Manwood, ed. 1717, p. 205. 



