152 SYLVA BOOK in 



them ; and the tenth of the body sold, or kept : And 

 so of willows, sallows and all other trees not apt for 

 timber : Also of silva caedua^ as copp'ces, and under- 

 woods, pay the tenth whenever the proprietor receives 

 his nine parts. But if any of these we have named 

 un-exempted are cut only for mounds, fencing, or 

 plow-boot within the parish in which they grow, or 

 for the fuel of the owner, no tithes are due, though 

 the vicar have the tithe-wood, and the parson that of 

 the places so enclosed ; nor are under-woods grubb'd 

 up by the roots tithable. unless for this, and any of the 

 former cases there be prescription. But for timber- 

 trees, such as oak, ash, elm (which are accounted 

 timber in all places after the first twenty years) also 

 beech, horn-beam, maple, aspen, and even hasel (many 

 of which are in some countries reputed timber) they 

 are not to pay tithes, unless they are fell'd before the 

 said age of twenty years from their first planting. 



Some think, and pretend, that no tithe is due where 

 is no annual increase, as corn and other grain, hay, 

 and fruit of trees, and some animals ; and that there- 

 fore siha caedua^ (till it become timber) is exempted : 

 But a Parliament at Sarum did make it titheable, in 

 which are named, even willows, alder, beech, maple, 

 hasel, Gfc. 



In the Wild of Sussex, tithe-wood is not paid, as 

 for faggots ; but in the Downs they pay for both, as 

 I am told ; at which I wonder, there being so little 

 wood at all upon them, or likely to have ever been. 

 Note here, 



If the owner fell a fruit-tree (of which the parson 

 has had tithe that year) and convert the wood into 

 fuel, the tithe shall cease ; because he cannot receive 

 the tithe of one thing twice in one year. 



