Abridgment of Ecclesiastical Laws, Treatise · Chapter 32 · Part 12
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OAks beyond 20 years growth, that are become dry and rotten, and thereby not fit for Timber, ſhall pay no Tithe, becauſe they were once priviledged. And if Oaks beyond 20 years growth have been uſed to be Topt and Lopt within every 20 years, yet no Tithes ſhall be paid of theſe Tops and Branches cut within 20 years growth, becauſe their ſtock is diſcharged of Tithes. Trin. 38 Eliz. B. R. Ram & Patteſon. Mich. 3 Jac. B. Brook & Rogers. & Co. 11. Sampſon & Worthington, 48. B. Adjudg. It was alſo Reſolved in Wray and Clenche's Caſe, That ſmall Oaks under twenty years growth, apt for Timber in time to come, ſhall not pay Tithes. Mores Rep. Likewiſe Oaks Top'd within the age of 20 years, and after the Lop left to grow beyond 20 years, no Tithes ſhall be paid, for it is now become Timber. Mich. 10 Jac. B. per Coke. And Oaks decayed, that are not Timber, but converted to Firewood, ſhall notwithſtanding not pay Tithes. More. Caſe 716.
Oblations, Obventions, and Offerings, ſeem to be but one and the ſame thing, and are in a ſenſe ſomething of the nature of Tithes, being offered to God and his Church of things Real or Perſonal. Offerings are reckoned amongſt Perſonal Tithes, and ſuch as come by labour and induſtry, paid by Servants and others once a year to the Parſon or Vicar, according to the Cuſtome of the Place; or they are to be paid in the place where the party dwells at ſuch four Offering-days, as before the Statute of 2 & 3 Ed. 6. c. 13. within the ſpace of four years then laſt paſt had been uſed for the payment thereof, and in default thereof. Cro. 3. Abridg. Caſe 3159. In London Offerings are a Groat a Houſe. They are by the Law now in force to be paid as formerly they have been. Vid. Stat. 32 H. 8. 7. 27 H. 8. 20. 2 & 3. Ed. 6. 13. & Co. 11. 16. They properly belong to the Parſon or Vicar of that Church, where they are made. Of theſe ſome were free and voluntary, others by Cuſtome certain and obligatory. They were anciently due to the Parſon of the Pariſh, that officiated at the Mother-Church or Chappels that had Parochial Rights; but if they were paid to other Chappels that had not any Parochial Rights, the Chaplains thereof were accountable for the ſame to the Parſon of the Mother-Church. Lindw. c. de Oblation. & cap. quia quidam. Such Offerings as at this day are due to the Parſon or Vicar at Sacraments, Marriages, Burials, or Churching of Women are only ſuch as were confirmed by the Statute of 2 Ed. 6. 13. and payable by the Laws and Cuſtomes of this Realm before the making of the ſaid Statute, and are Recoverable only in the Eccleſiaſtical Court.
Orchard, the Soil whereof is ſowed with any Grain, the Parſon may claim the Tithe thereof, as well as of the Fruit of the Trees, becauſe they are of ſeveral kinds, and of diſtinct natures. Coke Magn. Chart. 652.