282 



A DISCOURSE 



I. Beech, in countries where it abounds, is not tithable, because in such 

 places it is not accounted timber. I6th Jac. Co. B. Finder's Case. 



Cherry-trees, in Buckinghamshire, have been adjudged timber, and 

 tithe-free. Pasch. 17th Jac. B. R. 



If a tree be lopped under twenty years' growth, and afterwards be per- 

 mitted to grow past twenty years, and then be lopped again, no tithe is 

 due for it, though at the first cutting it were not so. 



If wood be cut for hedges, which is not tithable, and any be left of it 

 unemployed, no tithe shall be paid for it. 



If wood be cut for hop-poles, (where the parson or vicar has tithe 

 hops,) in this case he shall not have tithe of hop-poles. 



If a great wood consist chiefly of underwood tithable, and some great 

 trees of Beech, or the like, grow dispersedly amongst them, tithe is due, 

 unless the custom be otherwise, of all, both greater and lesser, together : 

 and in like manner, if a wood consist for the most part of timber-trees, 

 with some small scatterings of underwood amongst them, no tithe shall 

 be paid for the underwood or brushes. Frin. 19th Jac. B. R. Adjudged 

 l6th Jac. in C. B. Leonard's Case. 



No tithe is to be paid of common, of estovers, or the wood burnt in 

 one's house. — Now as to the manner of payment : 



To give the parson the tenth acre of wood in a coppice, or the tenth 

 cord, provided they are equal, is a good payment, and setting forth of 

 tithe, especially if the custom confirm it. 



The tithe of mast of Oak or Beech, if sold, must be answered by the 

 tenth penny ; if eaten by swine, the worth of it. And thus much we 

 thought fit to add concerning predial tithes. Who has a desire to be 

 farther informed, may consult Charta de Foresta, with JNIanwood's 

 Treatise of Forest Laws ; Cromate on my Lord Coke's Reports, 

 11, 48, 49, 81, Plow. 470. Brownlow's Rep. 1 part 94. 2 part 150. D. and 

 St. 169, &c. and that very useful, as well as compendious English 



