OF FOREST-TREES. i si
Intercourse of Air, the late dreadful Silvisragi Storms have cleansed Chap. VI*those Places by a Remedy worse than the 'Disease, sufficient to deterus from planting not only too near our Habitations , but from pridingourselves in our more stately Avenues , the late Boasts of our Seats,as by fad Experience my self and thousands more have found, thatthere is nothing stable in this World, which invisible Spirits cannotsubvert and demolish, when God permits them to do Mischief andconvince those who believe there are none, because they do not sec ,though they feel their Effects.
14. As to the Law of Tythes, I find Timber-trees pay none, butothers do, both for Body , Branches, Bark, Fruit, Root, and even ®P-the Suckers growing out of them; and the Tenth of the Body fold, ”
or kept: And so of Willows, Sallows, and all other Trees not apt \'or r v^ s spa-Timber : Also of Silva Cædua, as Coppices and Vnder-woods pay™ p.the Tenth whenever the Proprietor receives his nine Parts. But if anyof these we have named un-exempted, are cut only for Mounds, Fen-cing, or Plow-boot within the Parish in 'which they grow, or for theFuel of the Owner, no Tythes are due, though the Vicar have theTythe-wood, and the ‘Parson that of the Places so inclosed ; nor are T)n-der-woods grubbed up by the Roots tythable, unless for this and anyof the former Cafes there be Prescription. But for Timber-trees, suchas Oak, AJh, Elm (which are accounted Timber in all Places after thefirst twenty Tears') also Beech, Horn-beam, Maple, Aspen, and evertHasel (many of which are in some Countries reputed Timber) theyare not to pay Tythes, unless they are fell’d before the said Age oftwenty Tears from their first planting.
Some think, and pretend, that no Tythe is due where is no AnnualIncrease, as Corn and other Grain, Hay, and Fruit of Trees , andsome Animals ; and that therefore Silva Cadua (till it become Timber')is exempted: But a Parliament at Sarum did make it tythable, in whichare named even Willows, Alder, Beech, Maple, Hafel, &c.
In the Wild of Sujfex, Tythe-wood is not paid, as for Faggots ; butin the Downs they pay for both, as I am told ; at which 1 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 Par fin has had Tythethat Tear) and convert the Wood into Fuel, the Tythe shall cease *because he cannot receive the Tythe of one Thing twice in one Tear.
Beech, in Countries where it abounds, is not tythable ; because insuch Places’tis not accounted Timber. 16 J ac. Co. B.Pinder’s Cafe.
Cherry-trees in Buckinghamshire have been adjudged Timber, andTythe-sree. Pasch. 17 J ac. B. R.
If a Tree be lopped under twenty Tears Growth, and afterwardsbe permitted to grow past twenty Tears, and then be lopped again, noTythe is due for it, though at the first cutting it were not so.
If Wood be cut for Hedges, which is not tythable , and any be leftof it unemployed, no Tythe shall be paid for it.
If Wood be cut for Hop-poles (where the Parson or Vicar has Tythe -hops ) in this Cafe he shall not have Tythe of Hop-poles.
If a great Wood consist chiefly of Vnder-wood tythable, and somegreat Trees of Beech, or the like grow dispersedly amongst them,
Tythe is due, unless the Custom be otherwise, of all both great and lessertogether: And in like manner, if a Wood consist for the most Part of
Timber -