wood, but by custom, which may make that titheable which is not of itself so.-15 Car. B. R. Anon, 30. Prohibition to a libel for tithes of hasel, holly, willow, whitethorn, &c. being of twentyone years growth, where by custom they were used for timber to build and repair their ploughs; and a case was cited for holly, willow, and maple. It was also said, that in Cumberland beech was used for timber, for scarcity of other trees will alter the case.-15 Jac. C. B. Pinder v. Spencer. i. 289 31. Prohibition was granted to a libel for tithe of willows, in Hampshire, upon a surmise that they were used for timber in that country. -15 Jac. C. B. Gufly v. Pindar. i. 295 32. Prohibition was granted to a suit for tithes of cherry trees, and asp, and beech trees, in Buckinghamshire, for in that county they serve for timber; and asp trees serve for arrows, which are the defence of the realm.-17 Jac. B. R. Wright v. Powle. i. 305 33. Prohibition was granted to a libel for tithes of silva cædua in the Wylde of Kent, and issue being taken on the prescription, it was found for the plaintiff, as had been before the case with respect to the Wyldes of Sussex and Surrey.-17 Jac. B. R. Earl of Clanrickard v. Lady Denton. i. 306 34. The parties were at issue upon a custom de non decimando of wood within the Weald of Sussex, which is no venue that the court can notice.-17 Jac. C. B. Fawkner v. Andrews. i. 399 40. A custom to pay no tithes of loppings, or wood for fire or hedges, held good.-17 Car. C. B. Weeden v. Harden. i. 401 41. If timber trees that have been usually lopped, grow scattered in a wood, when the wood is cut these shall only privilege themselves and the other shall pay tithes, but then the libel ought to be special for such part of the wood only. It is not the party's application of the wood to a particular use as timber, that will privilege it, if the usage has been otherwise. 42. Wood, usually cut for fire-wood, shall pay tithes, although it be permitted to grow for twenty-five years, or more; and by WINDHAM, pollards of fifty years growth shall pay tithes when felled.-18 Car. 2. B. R. Cornwall v. Haws and Bishop of Hereford. i. 450 43. A custom that underwood cut and used for fencing of corn in general, whereof tithes are payable, and not sold or otherwise disposed of, should be discharged from payment of tithes, is void and unreasonable; secus if it were used for fencing the party's own corn.20 Car. 2. B. R. Croucher v. Collins. i. 469 44. A suggestion for prohibition to a suit for tithes of wood, alleging a custom that the parishioners should not pay tithes of wood 1.310 | spent in their houses, is not good, unless it be also stated that the parishioner held land, and that the wood was spent in his house of husbandry, or for hedging the corn of such land, by which the parson had uberiores decimas: it was ordered to be amended.-22 Car. 2. B. R. Tilden v. Walter. i. 481 35. Prohibition to a suit for tithes of old rotten trees cut for fuel.-22 Jac. B. R. Scott v. Eyre. i. 337 36. If trees be not lopped before twenty years growth, the bodies privilege the branches; but if oak or ash be lopped under twenty years growth, the loppings will be always titheable.4 Car. C. B. The Vicar of Wainsbourough's i. 362 case. 37. Where a custom was alleged by one, that the owners of a house and land in a parish who | paid tithes to the parson, should not pay tithes of fire-wood spent in their houses, and found against him; it was moved in arrest of judgment that no consultation should go, inasmuch| as such wood was discharged by the law of the land; but the court held that it was not discharged de jure per legem terra, but by special custom in respect of some consideration to the parson in another shape, as a hearth penny, or by reason of payment of tithes of other lands; but it was said by Crooke and Yelverton (according to Hetley) that there were many precedents of prohibition in such cases without customs alleged.-4 Car. C. B. Norton v. Harmer. i. 363 38. Wood for fuel is titheable.-7 Car. C. B. Rooket v. Gomershall. i. 375 39. No tithe is due of the roots of under 45. Wood used for fuel in a house of husbandry, may be exempt from tithes, although the house be not ancient, for the husbandry is the main, but if sold, tithe will be due.-22 Car. 2. B. R. Watson v. Smyth. i. 482 46. The court of exchequer held, that wood set out for tithes, ought to be stacked and faggoted.-24 Car. 2. Scacc. Brabourne v. Eyres. i. 497 47. Tithes decreed for coppice and hedge row wood and loppings of trees, when sold or not spent in the house.-27 Car. 2. Scacc. Turnor v. Weedon and others. i. 507 48. Stub oak and ash is titheable in the county of Essex, not being there accounted timber; but some trees of oak and ash, being seconds or standards, for which no tithe is due, being felled therewith, an account was ordered to be taken thereof.-32 Car. 2. Scacc. Turnor v. Smith. i. 526 49. Wood of timber trees cut into faggots and billets, shall pay tithe.-3 W. & M. Scacc. Buckle v. Vanacker. i. 570 50. An alleged custom of setting out tithewood by single sticks, or stick meal, held to be irregular and illegal, as being unequal and fraudulent. A custom to set it out in loads, &c. was alleged by the rector.-4 W. & M. Scacc. Lister v. Cane and Salmon. i. 572 51. Verdicts on two trials found that the Wild of Surry is exempt from tithes of wood.4 W. & M. Scacc. Salmon v. Denyer. i. 574 52. Beech found to be timber upon an issue directed to try the question.—6 W. 3. Scacc. Abbott v. Hicks. i. 584 53. Tithes decreed of broom made into bavins; of the lops and tops of old timber pollards, and of the hedge rows.-6 W. 3. Scacc. Biggs v. Martin. i. 585 54. Tithe of wood made into faggots and bavins is due in the parish of Walthamstow, except for oak pollards and standills, called black coates and white coates.-6 W. 3. Scacc. Northleigh v. Collard. i. 589 55. The lops and tops of timber trees are privileged by law from the payment of tithes as well as the bodies.-6 W. 3. Scacc. Layfield v. Couper. i. 591 56. Wood is not titheable of common right, being part of the freehold, but it is titheable by custom only, for though trees are renewing yearly, yet they yield no annual profit.-6 W. 3. B. R. Hicks v. Woodeson. i. 592 57. Alder poles are not timber, therefore titheable. Tithes are due of underwood made into faggots when not consumed in a house of husbandry in the parish.-6 W. 3. Scacc. Goodall v. Perkins. i. 606 58. Wood which is burnt in the house is only exempt from tithes so long as it is burnt in the parish in which it grows. 59. Where a man has wood in one parish, and arable land in another, if he make use of the wood in fencing the arable land, yet he shall pay tithes to the parson where the wood grows; but if it had been in the same parish, it would have been otherwise.-8 W. 3. C. B. Scoles v. Lowther. i. 621 60. No tithe is due for hop poles or for their bark sold. 61. For fuel spent in fire to dry the hops, tithes shall be paid; because the parson has no benefit by that, the tithes being paid before they are dried. 62. When the parson has tithe of corn, no tithe of wood used to fence it. No tithe of any thing whereby the tithes are increased. 63. Quare, whether tithes shall be paid of fuel consumed in the house.-9 W. 3. Scacc. Anon. 64. Tithes are to be paid of hop 10 W. 3. Scacc. Gee v. Pearch. i. 625 poles. i. 632 65. A custom in non decimando that tithes shall be paid in a parish for wood and furze burnt is good.-12 W. 3. Scacc. Dowdeswell v. Harker. i. 637 66. One may prescribe in non decimando for wood spent in an ancient messuage for husbandry, for formerly tithe was not paid for wood, but it is settled by statute to be paid only where it was usually paid; so that if there was a custom before, the statute does not take it away.-13 W. 3. B. R. Selby v. Bank. i. 640. 67. Germs of the roots of oak trees not cut till after twenty years old not titheable, but growing from a root the tree whereof was not twenty years old when cut, tithes shall be paid. -13 W. 3. B. R. Fox v. Thexton. i. 642 68. Tithe in kind is due for wood converted into charcoal.-13 W. 3. Scacc.-Coe v. Smith. i. 643 69. Timber trees above twenty years growth, logs made into billets and faggots and burnt in the house, and underwood and thorns used for repairing the fences, pay no tithes.-1 Ann. Scacc. Burrell v. Greenacres. i. 646 70. A prohibition was moved for on suggestion that the libel was for loppings cut from the stumps of timber trees above the growth of twenty years; but it was refused because it had not been pleaded below, and any special matter which deprives the spiritual court of jurisdiction must be pleaded there. If they had refused to admit the plea, prohibition would have been granted.-1 Ann. Dike v. Browne. i. 647 71. One may prescribe in a non decimando of wood; or it is a good plea, that it is for boughs, germs, &c. of timber trees of twenty years standing; and if that plea be denied below, prohibition lies, but if they receive it, they may try it.-Ann. B. R. Anon. i. 651 72. Setting out tithe-wood by loose heaps is good, but there may be a different custom in a parish, and in such case there shall be no allowance for the charge of binding, &c. Quære, whether ash poles used in husbandry be titheable.-3 Ann. Scacc. Gee v. Perch. i. 658 73. Tithe of wood is due by custom only.— 3 Ann. B. R. Anon. i. 666 74. A custom that wood burnt in husbandry houses, or spent in repairing the farm fences is discharged of tithes, is good.-4 Ann. Scacc. Waterman v. Jones. i. 671 75. Tithes of underwood and wood above twenty years growth cut and corded, and of the bark stripped from the same, and of saplings cut for poles under twenty years growth decreed; but not for wood of twenty years growth not corded, or of its bark. 76. A custom alleged by the vicar that owners of woods in his and other adjacent parishes used and ought to size, make up, and cord their 91. Tithe of silva cœdua due by the law of England as much as any other tithe.-2 & 3 Geo. 2. B. R. Bouton v. Hursler. ii. 8 wood into marketable ware, and then to set f tion, suggesting that the wood was timber of out the tithes thereof.-4 Ann. Scacc. Green- twenty years growth, the court held, that the way v. Earl of Kent. i. 677 jurisdiction arising to the spiritual court by 77. The woodlands, situated in Little Ley-matter in the libel, could not be taken away bourne, in the county of Kent, are within the but by other matter disclosed in the plea; and Weald, and tithe free.--9 Ann. Scacc. Spate- that the plea ought to have stated the trees to man v. Know. i. 697 be of twenty years growth; and refused a pro78. Wood cut to be used in mending hedges, hibition. and upon the land, is titheable.-9 Ann. Scacc. Smith v. Williams. iii. 1234 79. The part of Bourne Wood which lies in the parish of Reuking, in the county of Kent, is within the Weald of Kent, and tithe free by custom and usage.-11 Ann. Scacc. Brett v. Franklyn. i. 701 80. A custom that the parson should take the underwood growing upon one acre in lieu of the tithes of four woods, held good.-1 Geo. Scacc. Babbage v. Rookewood. i. 714 81. A custom that the rector of Aldham, in Suffolk, is to take all the wood growing on a piece of woodland, containing an acre and a half, in lieu of the tithes of wood felled on ancient wood grounds, in the said parish, is good.-1 Geo. Scacc. Spooner v. Head. i. 717 82. No tithes of hop-poles.-4 Geo. Scacc. Bate v. Spratling. i. 736 83. The court said that a parish could not prescribe in non decimando for tithe wood: but the reporter observes, that he did not find it certainly determined whether tithe were due of wood of common right.-6 Geo. Scacc. Jordan v. Colley. i. 754 84. Timber shall be presumed to be above twenty years growth, unless the contrary be proved.-9 Geo. Scacc. Lloyd v. Mackworth. i. 788 85. Assart means lands grubbed up and made fit for tillage.-9 Geo. Scacc. Evans v. Newell. i. 788 86. Tithe is due of furze, and of underwood, although cattle were depastured where it grew. -10 Geo. Scacc. Phillips v. Symes. i. 800 87. No tithes are due of oak, ask, and beech above twenty years growth, or beech wood proceeding from stools originally maiden trees above that age.-11 Geo. Scacc. Bibye v. Huxley. i. 805 88. Upon a bill for tithe wood, an issue was directed to try whether there was a custom in the hundred in non decimando for all wood cut therein, and the plaintiff refusing to try it, the issue was taken pro confesso, and the bill dismissed with costs.-11 Geo. Scacc. Rives v. Fitzherbert. i. 811 89. No tithe is due of loppings and toppings of wood above twenty years growth.-13 Geo. Scacc. Thompson v. Holt. i. 826 90. To a bill in the spiritual court for tithe of silva cædua, it was pleaded, that the wood was not titheable: on a motion for a prohibi 92. Underwood being felled for the purpose of being converted into hoops, mop-staves, &c. held, that the setting out of the tithe thereof in rows as the wood was felled was sufficient; and the rector's bill for an account, insisting that the wood ought to be made into faggots and stacks, and the tithe then set out, was dismissed with costs.-3 & 4 Geo. 3. Scacc. Bree v. Drew. ii. 23 93. Apples and other fruits are confessedly small tithes but the wood of apple-trees, and other fruit trees, if cut in a year when no tithe is paid of the fruit, is, as other wood for firing, a great tithe; but in the year when tithe is paid of the fruit, if then felled, no tithe shall be paid of the wood, the fruit being looked on as the principal.-12 Geo. 2. Scacc. Wallis v. Pain. ii. 67 94. Tithes are not payable for the lops and tops of ancient pollard trees. 95. The use to which wood is applied, is no criterion to determine whether it be liable to the tithe or not. 96. Beech trees may be timber by the custom of the country.-25 Geo. 2. Canc. Walton v. Tryon. ii. 123 97. Billets and faggots, made from the cuttings of trees above the growth of twenty years before they were made pollards, are not liable to the payment of tithes.-26 Geo. 2. Scacc. Modern v. Knight. ii. 129 98. Wood burned in the house is not exempt from tithe of common right, but may be so by custom.-10 Geo. 3. Scacc. Erskine v. Ruffle. ii. 235 99. Semble, that tithes are due for reeds and germins springing from stocks or roots of trees of any age, size, or growth. In this case the greater part of the trees was beech.-15 Geo. 3. Scacc. Walbank v. Hayward. iii. 1245 100. A custom for hedge rows, when less than a rod in width, to be exempt from tithes, held to be clearly bad.-38 Geo. 3. Scacc. Mantell v. Paine. iii. 1380 101. Semble, that tithes are payable for germins, cut from the stools of trees, though the trees are above the age of twenty years, and privileged as timber.-52 Geo. 3. Scacc. Lewis v. Snell. iii. 1388 102. Oak wood of more than twenty years I was be nding, not growing from acorns, but from the stools, which stools belonged originally to iritual es which had stood more than twenty years, re held not to be so clearly entitled by the tute 45 Edw. 3. c. 3. to exemption from ted the hes, as to make a verdict which subjected d refuse em to tithe a wrong verdict.-55 Geo. 3. R. Ford v. Racster. iii. 710 by the 103. Wood consumed for fuel by the farmer the-his house of husbandry is not exempt from sler. he, unless by special custom.-59 Geo. 3. or the onsist. Court. Lagden v. Flack. iii. 973 op-s 104. A custon in a part of a hundred exthe topting hedges and hedge rows, less than a assed in width, from tithes of wood and underCOUL ood, is bad. de in 105. No custom in non decimando can be set od except for wood, and for a known ancient 1.3. strict, not less than a county or a hundred.— & 2 Geo. 4. Canc. Page v. Wilson. iii. 1029 conds 106. Wood springing from the roots or stools le-tref trees is titheable, and neither its own age, ben or the age of the trees from the roots or stools dforf which it springs, will exempt it. bent 107. Tithe of wood is due of common right. the 108. There may be a prescription in non deoked imando for a district; or even for a hundred. the a 109. Where a prescription in non decimando s set up, the party must shew the specific ground pon which he claims to prescribe.-4 Geo. 4. Canc. Chichester v. Sheldon. iii. 1102 WOOL. 1. A custom to pay the tenth fleece of wool n satisfaction for all locks and tithes due for wool held good.-37 El. B. R. Jesop v. Payne. i. 110 2. A prescription to be discharged of locks of wool ought to be shewn of locks casually lost.-38 El. B. R. Anon. i. 113 3. A custom to pay tithe wool at Lammasday is good, though it is de jure due when it is clipped.-41 El. B. R. Greenv. Hun. i. 147 4. It was said, that if a man keep sheep in one parish until shearing time, and then sell them into another parish, the vendee shall pay the tithe wool to the parish in which they were depastured for the greater part of the time of the growing of the wool.-4 Jac. Scacc. Anon. i. 166 5. No action lies upon 2 Edw. 6. for not setting out tithes of lamb and wool for they are not prædial.-10 Jac. C. B. Anon. i. 203 6. A custom to pay the tenth part of wool without view of the parson is bad.-13 Jac. B. R. Wilson v. the Bishop of Carlisle. i. 250 7. It is a good modus decimandi that in consideration the parishioner has paid tithe wool of all his sheep which he has shorn as well of those he bought two days before the shearing, as of others he had kept through the whole year, he has used time, &c. to be discharged of tithe wool of sheep that he sold two days before the shearing, for by the spiritual law they should have tithes of him, and de residuo pro rata which he sold before shearing, and therefore in consideration that he here pays of those which he bought so small a time before the shearing for the whole year, which is not due by the spiritual law, it is therefore good.-14 Jac. 1 Ro. Abr. 648. 8. A custom to be discharged of tithe of neck wool, in consideration of the payment of the tenth fleece at shearing time is good; but a prohibition was granted upon suggestion, that they used, for this, to wind up the other fleeces at their own charge. 9. It was insisted that an abuse in the cutting of neck wool should be shewn on the other side, but denied by the court.-14 Jac. B. R. Fosse v. Parker. i. 260 10. If a man pay tithe lamb at Marktide, and at Midsummer he shears the residue of the lambs, viz. the nine parts,-he ought to pay tithe wool of them, though there be but two months between the time of the payment of the tithes of lambs which were not shorn paid with their fleeces and the shearing of the residue, for this is a new increase.-16 Jac. Nicholls v. Hooper. 1 Ro. Abr. 642. 11. Prohibition was granted for tithe of pelt wool of sheep fatted for the house, or which had died.-3 Car. B. R. Cicill v. Scott. i. 357 12. A prohibition was denied to a suit for tithe wool of rotten sheep; JONES said, if sheep be sold, the parson shall be allowed for tithe of them after shearing.—3 Car. B. R. Anon. i. 360 13. If a parishioner cut his dirty locks from his sheep for their better preservation from the vermin before the time of shearing, and does this without fraud, no tithes shall be paid of these.-14 Car. B. R. Dent v. Salvin. 1 Ro. Abr. 646 14. A prohibition was granted, where a consideration was surmised, viz. that he wound up the tenth fleece for the parson.-14 Car. B. R. Williams v. Wilcox. 1 Ro. Abr. 646. 15. If a man kill sheep, yet he shall pay tithe of the wool that comes off them, but not for the skins.-14 Car. B. R. Dent v. Salvin. 1 Ro. Abr. 646 16. A custom to set out for tithes of wool one fleece from six to sixteen, the parishioner to pack it, and the parson to take one unseen and untouched, is unreasonable.-24 Car. 2. B. R. Wall v. Bezier. i. 495 17. Wool is severable and every part of it titheable, and the parson may have the tenth |