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A DISCOURSE

, Beech, in countries where it abounds, is not tithable, because in suchplaces it is not accounted timber.. 16 th Jac. Co. B. Pinder’s Case.

Cherry-trees, in Buckinghamshire , have been adjudged timber, andtithe-free. Pasch. 17 th 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 isdue 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 itunemployed, no tithe shall be paid for it.

If wood be cut for Hop-poles, {where the Parson or Vicar has titheHops,) in this case he shall not have tithe of Hop-poles.

If a great wood consist chiefly .of underwood tithable, and some greattrees of Beech , or the like, grow dispersedly amongst them, tithe is due,unlefs the custom be otherwise, of all, both greater and lefser, 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 shallbe paid for the underwood or bushes. Frin. 19th Jac. B. R. Adjudged16th Jac. in C. B. Leonard’s Case.

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No tithe is to be paid of Common, of Estovers , or the Wood burnt intone’s house.-Now as to the manner of payment:

To give the parfon the tenth acre of wood in a coppice, or the tenthcord, provided they are equal, is a good payment, and setting forthof tithe, especially if the custom confirm it.

The tithe of mast of Oak or Beech , if sold, must be answered by thetenth penny; if eaten by swine, the worth of it. And thus much wethought fit to add concerning Predial tithes. Who has a desire to befarther informed, may consult Charta de Foresta, with Manwood’sTreatise 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

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