Abridgment of Ecclesiastical Laws, Treatise · Chapter 32 · Part 19
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WAges of Servants of the Plough ſhall not pay any Tithe, as hath been Reſolved, Paſch. 14 Jac. B. inter Parſon Ellis and Drake; and Prohibition granted accordingly, although the Libel was but for the Tithe of a Third part of their Wages, leaving the reſt free; for it was ſaid, That by the ſame reaſon that the Cattel of the Plough are free of Tithe, the Wages of the Servants that follow the Plough are Tithe-free alſo.
Waſte Paſture Lands,2 H. 4. Rot. Par. nu. 99. if Tithes in kind be paid for Lambs, Calves, &c. feeding and couching thereon, Tithes ſhall not afterwards in the ſame year be paid for Agiſtments on the ſame Waſte Paſtures. Waſte Grounds, not certainly known in what Pariſh, and Cattel feeding thereon, the Tithe thereof belongs to the Parſon of the Pariſh wherein the Owner of the Cattel doth dwell.
Wax of Bees is Tithable by the Tenth weight thereof. Tithes ought to be paid in kind de jure of Wax and Honey of Bees in the Hive. Mich. 15 Car. B. R. inter Barefoot & Norton, Adjudged in a Prohibition upon a Demurrer, and a Conſultation granted.
Willowes, growing in the ſoil of a Mannor, felled, are not (as is ſaid) Tithable, though it be waſte to fell themaHob. 219.. No Tithes ſhall be paid of Willowes in a Countrey where they are uſed for TimberbHob. Rep. Caſe 288.. Sed Q. as to the former; for a Record of a Prohibition was ſhewed to the Court, where a Prohibition was awarded to the Spiritual Court for Tithes of Willowes upon a Surmize, That they are of uſe as Timber in the County of Southampton. And in that Caſe it was ſaid, If Willowes grow within the Site of a Houſe, it is Waſte to fell them; yet if they be felled, that Tithes ſhall be paid of themcP. 14 Jac. C. B. rot. 1918. G…ffly & Vindar's Caſe. Hob. 219..
Woad yields a Predial Tithe, and regularly to be computed inter Minutas Decimas; yet in ſome Caſes may be Great Tithes in places where it is much ſowed; as in Ʋdall and Tindall's Caſe dHutt. Rep. 77.. The Caſe was, That in Treſpaſs for taking of two Loads of Woad; the Jury found, That if they were Minutae Decimae, then the Jury found the Defendant guilty, if they were not Minutae Decimae, then for the Plaintiff: It was ſaid for the Plaintiff, That without more Circumſtances it ſhall not be intended Minutae Decimae; for it may be, That a great quantity of Woad may be ſown, and the greateſt part of the Commodity in the Pariſh may conſiſt in it, for Minutae Decimae are but of ſmall conſideration in a Pariſh, as Herbs in a Garden, and ſuch like: and therefore Woad ſown in a Field is not Minutae Decimae. It was Reſolved by the Court, That Woad growing in the nature of an Herb, the Tithe thereof ought to be accounted Minutae Decimae, and belong to the Vicar. And the Dean and Chapter of Norwich CaſefPaſch. 42 Eliz. was vouched to prove it, That the Tithe of 40 acres of Land ſowed with Saffron, did belong unto the Vicar, and not to the Parſon, becauſe they were Minutae Decimae. Hill. 1 Car. C. B. Sir Rich. Ʋdal and the Vicar of Altons Caſe. Cro. 3. par. 20. vid. Hutton 77. the ſame Caſe.
Wood is computed among the Predial Tithes, as alſo among the Great Tithes; yet it hath been Reſolved, That if a Vicar be only endowed with the Small Tithes, and hath by reaſon thereof alwaies had the Tithe-Wood, that in ſuch caſe it ſhall be accounted a Small Tithe; otherwiſe it is to be accounted among the Great TithesgRol. 1. 643. v. 2. Bulſtr. 27.. Wood, or a great Wood conſiſting for the moſt part of Underwoods, only ſome Great Trees here and there ſparſim therein, the whole Wood is Tithable, unleſs they be ſpecially exempted hAdjudg. Trin. 19 Jac. B. R.. But if the Wood for the moſt part conſiſt of Timber-Trees, only ſome ſmall parcel of Underwoods or Buſhes in the ſame, no Tithe ſhall be paid for ſuch Wood; the Timber-Trees do in that caſe priviledge the reſt of the Wood iAdjudg. Hill. 16 Jac. C. B Leonards Caſe. & 4 El. B. R. Foſter & Leonards C. Adjudg'd accordingly. Cro. 2. par. 199. acc.. Wood converted into Arable, ſhall not be diſcharged of Tithes, as Barren Land within the Statute of 7 E. 6. Trin. 12 Jac. B. R. Caſe Maſchal & Price. Roll. Rep. The Tenth acre of Wood in a Coppice is a good payment of the Tithe, ſpecially if ſuch be the Cuſtome of Tithing Wood in that Countrey; otherwiſe Wood in a Coppice or the like, cut and ſold, the Tithe thereof is to be anſwered not by the Buyer, but the Seller, as ſome conceive; which by others is oppoſed, who hold, That the Buyer, not the Seller of Woods ſelled to be ſold, ſhall anſwer the Tithe: the Reaſon is, becauſe Tithes do follow the Fruits; yet the Parſon for his Right, hath his Remedy againſt either: But Wood of Coppices or Trees that one cuts and ſpends in his own Houſe-keeping, though he ſpend much, is not TithablekBy Hobart Ch. Juſtice., unleſs the Parſon can alledge and prove a ſpecial Cuſtome to the contrarylM 4 Jac. B. R.; for generally Wood uſed for Fewel in Houſe-keeping is not Tithable mM. 15 Jac. C. B. White & Bickerſtaffs Caſe., ſed Qu. the Cuſtome, it being not ſo per Legem terrae nTr. 4 Car. C. B. Norton & Farmer. Caſe. Nor is there any Tithe to be paid for ſuch Wood as is cut for Hoppoles, where Tithe is paid of the Hopsodict. Bickerſt…ffs Caſe.. But where Wood is grubbed up, the Land that thereby is made fit for the Plough, ſhall pay Tithe preſently. And if the Tithes of Wood, after the Inheritance thereof ſold be ſubtracted, the Parſon may by the Canon Law implead either the Buyer or the Seller at his choice, though he can recover but of one; but now by the Statutep2 Ed. 6. 13. vid Rol. 1. 656. l. 1. the Seller only unto Treble dammages. If there be Parſon and Vicar in one Church, and the Vicar hath the Tithe of Woods, and the Parſon the Tithe of the Paſture, and Wood be felled for Fencing and encloſing the Paſture, the Vicar ſhall not have Tithe of the Wood qHill. 15 Jac. C. B. Hide & Ellis Caſe. Adjudged.. Woodlands converted into Arable or Tillage is not diſcharged of Tithes as Heath, Waſte, or other Barren Grounds, within the Statute of 7 Ed. 6. Trin. 12 Jac. B. R. Caſe Maſchall verſ. Price, in fin. Roll. Rep. A Prohibition in another Caſe was granted to ſtay a Suit for Tithe-Wood, upon a Surmize, That the Wood was ſpent in his Houſe for Firing, and ſhews, that the Cuſtome in the ſame Pariſh is, That the Owners of any Houſe and Land in the ſaid Pariſh, who pay Tithes to the Parſon, ought not to pay Tithe of Wood ſpent for Fewel in their Houſes: And Iſſue being upon this Cuſtome, it was found for the Defendant. It was moved in Arreſt of Judgment, That although it be found there is no ſuch Cuſtome, that yet he ought not to pay Tithe for Wood ſpent in his houſe, nor for Fencing-ſtuff for Hedges, but per Legem terrae ought to be diſcharged of them: But it was Reſolved by the Court, That it is not de jure per Legem terrae, that any be diſcharged of them; for it is uſual in Prohibitions, to alledge Cuſtomes, or by reaſon of other Lands whereof he pays Tithes, that he is diſcharged of that Tithe, but not to alledge, that per Legem terrae he is diſcharged: And in this Caſe, the Plaintiff in the Prohibition having alledged a Cuſtome, and it being found againſt him, it was Adjndged for the Defendant, that a Conſultation ſhould be awardedrTr. 4 Car. C. B. Cro. 1. par. 80. Norton & Fermor's Caſe.. By Cuſtome Tithes may be paid for Wood ſpent in a mans own Houſe. Mich. 14 Jac. B. Watley and Hanberry, Agreed. And albeit there are ſome Trees, of what age or bigneſs ſoever they be, are regularly to pay Tithes, as Willows, Haſels, Hollies, Maples, Birch, Alders, Thorns, &c.sHob. 288. & 219. Rol. 640. q. 6, 7, 8. Noy 30. Cro. Jac. 199.; yet if they are cut for Fencing of Grounds, or for Fewel to be ſpent in the Houſes of the Owner within the ſame Pariſh, no Tithes ſhall be paid thereof, unleſs it hath been otherwiſe by CuſtometCo. 2. Inſt. 652. Cro. El. 499, 609. & Cro. Car. 113. More 683. Rol. 1. 644. z. 1, 2, 3.. Alſo Wood cut for Burning of Bricks, to be uſed for repair of the Owners Buildings in the ſame Pariſh, pay no Tithes: otherwiſe, if uſed for Bricks to ſell, or for making Houſes not of neceſſary habitation, ſo as the Wood in its own nature be TithableuRol. 1. 645. z. 8, 9, 10.. Likewiſe Tithe ſhall not be paid of the Roots of ſuch Coppice-Wood, as paid Tithe at the cutting thereof, if ſuch Roots were ſoon after the cutting ſuch Wood, grubbed up to cleanſe the GroundwRol. 1. 637. e. 7.. If Woodlands be mixt with Woods partly Tithable, partly not Tithable; it hath been held, That if the Major part be not Tithable, it ſhall priviledge the reſt; but if the greater part be Tithable, then all that is Tithable ſhall pay TithesxTr. 19 Jac. B. R. Buckhu…ſt. verſ. Newman. Trin. 36 El. B. R. per Henden. Parſ. Law. Touching the manner of Tithing of Wood and Trees, and how the Tithes thereof are to be paid and delivered, the Reader for his better ſatisfaction may conſult the Authors in the Margent yCo. 11 par. 48, 49, 81. Plowd. 470. Brownl. 1. pa. 94. & 2. par. 150. Doct. & Stud. 69..
The Parſon of Henley brought an Action of Debt for 600 l. upon the Statute of E. 6. for not ſetting forth Tithes of Wood, and ſhews, that the Defendant had cut down 200 Loads of Wood, to the value of 200l. and ſaith, that the Tenth part of that did amount to 200 l, and ſo he brought his Action for 600 l. upon the Statute: And the Plaintiff was Non-ſuit for one fault in his Declaration;Paſch. 5 Jac. Man verſ. Somerton. Brownl. Rep. pa. 1. Actien… of Deb. for whereas he declares the price of the Wood to be 200 l. it was miſtaken, for it ſhould have been 2000 l. for he demanded more for the Tenth part than the Principal is, by his own ſhewing. If a man buy Wood Tithable, and burn it in his own Houſe, he ſhall not pay Tithes thereof, as hath been Reſolved. And no Tithes ſhall be paid for Wood cut and employed for the encloſures in the Husbandry.Tr. 14 Jac. B. Parſon Ellis and Drak…. T…. 38. El. B. R. Parſ. Ran & P…tteſon. & Tr. 10 Car. B. R. Brown & Nixon. per Cur. Alſo if a man cut Wood and burn it to make Brick for repairing of his Dwelling-houſe for himſelf and his Family within the Pariſh, no Tithes ſhall be paid for that Wood, in regard the Parſon hath benefit by the labour of the Family: otherwiſe it is, in caſe the Bricks were only to enlarge his houſe within the Pariſh, and more than needful for his Family, as for his pleaſure or delight. If a man ſell Wood to me, and I burn it in my houſe, the Vendor ſhall ſtand charged for the Tithes thereof, and not the Vendee, for no Tithes are due for Wood burnt in the Pariſhioners houſe, as hath been Reſolved. Paſch. 14 Jac. in B. Parſon Ellis & Drakes Caſe, and Prohibition granted accordingly: Although it was ſaid, That by the Civil (or rather Canon) Law, the Parſon hath his Election to Sue either of them; which is contrary to the Common Law.
In the Lord Clanrickard's Caſe againſt Dame Denton, the Plaintiff ſurmized to the Court,Mich. 17 Jac. B. R. Rol. Rep. par. 2. That all the Vill. of Kent, which is a Precinct containig above forty Pariſhes time out of mind, &c. have been diſcharged of the payment of Tithes of Wood under the age of 20 years, and the Defendant had ſued him in the Eccleſiaſtical Court, and hereupon had a Prohibition. And the Defendant Traverſed the Cuſtome, which a Jury was taken at the Bar to try; and for inducement of the Cuſtome, Lindwood was produced in Cap. de Decimis, where it is ſaid, That before that time Tithes were not paid for Wood, which is contrary to the Old and New Teſtament, and that Aſſertion is made by Stratford Archbiſhop of Canterbury, for that this was a Provincial Conſtitution, that at that time, viz. 17. E. 3. Tithes of Sylva caedua ſhall be paid; By which Conſtitution the Comminalty finding themſelves grieved, exhibited a Bill in Parliament the ſame year 17 E. 3. reciting the Ancient Uſage of not paying ſuch Tithes, and the laſt Conſtitution to the contrary, and prayed a Prohibition to the contrary: To which Bill anſwer was made in this manner, viz. Be it done in this caſe, as it hath been done before this time: And the next year another Petition was made in Parl. for the ſame cauſe; to which it was anſwered alſo, That where Tithes of Wood have not been uſed to be paid by Cuſtome, that a Prohibition ſhall be granted: And theſe Acts of Parliament the Plaintiffs Counſel produced out of the Parliament-Rolls. Crook Juſtice gave the Rule, viz. Quod de groſſis a…boribus Decimae non dabuntur, ſed de Sylva Caedua Decimae dabuntur. Vid. Dr. & Stu. 164. a. 169. b. Anſcombe ſaid, The Doctor and Student miſtook the maker of that Conſtitution of Stratford Archbiſhop.
In a Prohibition for Tithes of Wood it was ſuggeſted, That in the Pariſh there is a Cuſtome,Somerton and Cotton's Caſe. Cro. par. 1. that all the Parſons of the ſaid Church, time out of mind Habuerunt & gaviſi fuerunt ſuch Lands, parcel of the Manner of F. in recompence of all Tithe-Wood within the Pariſh: It was the Opinion of the Juſtices, that it was a good Preſcription; for it may be that at the beginning all the Land was parcel of the Mannor, and then the allowance of the Profits of this Land was alotted in diſcharge of the Tithes of all the Woods within the Pariſh.
In Prohibition to ſtay a Suit in the Eccleſiaſtical Court for Tithes-Wood it was ſhewed, that the Cuſtome of the Pariſh is, That the Owners of any Houſe and Land in the Pariſh, who pay Tithe to the Parſon,Norton and Fermor's Caſe Cro. par. 3. ought not to pay Tithe for Wood ſpent for Fuel in their Houſes: It being found for the Defendant, the Iſſue being upon the Cuſtome; It was ſaid, That notwithſtanding there were any ſuch Cuſtome, yet Tithe ought not to be paid for Wood ſpent for Fuel, nor for Fencing-ſtuff, but per Legem terrae he ought to be diſcharged thereof. Reſolved, It is not de jure per Legem terrae, that any one is diſcharged of them; for it is uſual in Pariſhioners to alledge a Cuſtome, but not to alledge that per Legem terrae he is diſcharged: And in this caſe the Plaintiff in the Prohibition having alledged a Cuſtome, and it being found againſt him, a Couſultation was awarded.
A Compoſition was betwixt an Abbot and a Parſon, that in recompence of the Tithes of all the Woods within the Mannor, whereof the Abbot Owner, That he ſhould have to him and his Succeſſor 20 Loads of Wood every year in 20 Acres of the ſaid Mannor to burn and ſpend in his Houſe: The Parſonage was Appropriate to the Abbey, and after the Abbey was diſſolved; the King granted the Parſonage to one, and the 20 Acres to another. It was Reſolved, That by the Unity the Eſtovers were not extinct; for it they be Tithes they are not extinct by this Unity of poſſeſſion, for that Tithes run with the Lands: and Tithes de jure Divino & Canonica Inſtitutione do appertain to the Clergy.
Wool of Sheep is Tithable proportionably to the time they are in the Pariſh; as thus, viz. The Parſon ſhall have Eight pound of Wool in Eighty, of Forty Sheep in the Pariſh a whole year: Four pound of Wool in Forty, if they were there but half the year: Two pound of Wool in Twenty, if they were there but Three months: and but the Tithe or Tenth of the Twelfth part of the Wool, if the lay and fed but One month in the Pariſh. The Wool of Sheep ſhorn and dying before Eaſter next following ſuch ſhearing, is not Tithable, unleſs the Parſon or Vicar can alledge a ſpecial Preſcription for it. Therefore Q. where by Preſcription ſuch Tithe is claimedaFitz. N. B. Conſultation 51. g.. It is ſaid alſo, That a Cuſtome to pay a Halfpeny for the Wool de ovibus venditis, after ſhearing and before Michaelmaſs, is good; and that the Sheep diſcharged ſhall be Weathers as well as EwesbMore. Caſe. 1283.. Alſo Wool-locks and Flocks of Wool, after the Wool made, are likewiſe Tithable, if there be more than ordinary left, otherwiſe not: And if a Preſcription be alledged to be diſcharged of Locks of Wool, it muſt be ſet forth of Wool caſually loſtcMore. ibid.. For Wool and Lamb, no Action lies upon the Statute for not ſetting out of Tithes, for they are no Predial Tithes: and no Action lies upon this Statute for Small Tithes. vid. Brownl. Rep. par. 1. Caſes in Law, &c. yet Wool and Lamb are ſaid to be Predial mixt Tithes. Mich. 8 Jac. B. By the Decree or Canon of the Provincial Conſtitutions the payment of the Tithe of Wool is regulated as the Tithe of Lambs, viz. That if the Pariſhioner hath under Seven Fleeces, he ſhall pay a Halſpeny for every Fleece; and if there be Seven Fleeces and under Ten, then the Parſon or Vicar is to allow a Halfpeny for every one that is wanting of Ten. Lindw. cap. Quoniam propter. And albeit by the ſaid Decree, Election is given to the Parſon to receive his Tithe in manner aforeſaid, or to let them run on till a Fleece in kind be due in the enſuing year; yet it ſeems by the Common Law Tithes muſt be paid annuallydP. 14 Eliz. Harpur's Rep.. Although Tithe cannot be denied of Locks and Pelts of Wool, where there is much in quantity; yet it hath been Reſolved, That where Tithe-Fleeces of Wool are paid, there ſhall be no Tithe paid of the Locks and Pelts of Wool eCro. El. 363. T.. Alſo where the Cuſtome is to ſhear the Necks of Sheep about Michaelmaſs, to prevent the tearing off of the ſame by Thorns by Bryers in the Winter, if this be done without fraud, and not to deceive the Parſon, then no Tithe ſhall be paid for the ſamefRol. 1. c. 45. z. …4, 15, 16. Bulſtr. l. 3. 242. Feſs & Parker's Caſe.. But for the Wool of Sheep dying of the Rot, or any other diſeaſe, or kill'd or ſold by the Owner, Tithe ſhall be paid ratably for the ſamegRol. 1. 646. z. 18.. And yet it hath been otherwiſe Reſolved, and that Tithe ſhall not be paid of the Pelts and Fells of Wool of Sheep which die of the Rot, without a Special Cuſtome for it: For where the Vicar of Kilmonſden in the County of Somerſet, Libelled in the Eccleſiaſtical Court for Tithe of the Wool of Sheep, which died of the Rot, a Prohibition was granted hTr. 3. Car. B. R. Aſhton & Wilters Caſe.. Nor ſhall Tithe be paid of the Wool of thoſe Sheep, which after they be ſhorn, do die before the Feaſt of Eaſter next following: The Reaſons are, (1) Becauſe they are but of ſmall or no value. (2) Becauſe the Owner of the Sheep hath paid Tithes for them the ſame year, and there ſhall not be a double Tithe paid for one and the ſame thing in one and the ſame year. (3) Becauſe Tithe ſhall be paid of the clear profit only; but if the Sheep do die before the Feaſt of Eaſter, all the profit of them is loſt, for which reaſon to demand Tithes for the ſame, were Afflictionem addere Afflicto i15 Car. B. R. adjudged. vid. M. 2. Car. B R. Poph. 197. Hugh. Abr. Diſmes, Sect. 5. §. 21.. Where a Prohibition was prayed, becauſe the Parſon Libelled in the Eccleſiaſtical Court for the Tenth part of a Bargain of Sheep, which had depaſtured in the Pariſh from Michaelmaſs to our Lady-day: the party Surmizing, That he would pay the Tenth part of the Wool of them, according to the Cuſtome of the Pariſh. The Court would not grant a Prohibition, for that by this way the Parſon might be defrauded of all, and the Sheep being now gone to another Pariſh, he cannot have any Wool at this time, becauſe it was not the time or ſeaſon of ſhearing. Note in that Caſe it was ſaid, That de Animalibus Inutilibus, the Parſon ſhall have the Third part of the Bargain for Depaſture, as Horſes, Oxen, &c. But de Animalibus Ʋtilibus, he ſhall have Tithe in ſpecie kMich. 2 Car. B R. Hob. 197.. Finally, to obtain a Prohibition a man alledged inter alia a Cuſtome, That they uſed to clip the Wool from the Necks of their Sheep for the preſervation of them, as aforeſaid, and at Shearing they uſed to pay the Tenth Fleece, in conſideration whereof they uſed to be diſcharged of the payment of Tithes of Neck-Wool: Iſſue being joyned upon this and other Preſcriptions then pleaded, and found againſt the Plaintiff. It was moved, That no Conſultation might be awarded, but it was Adjudged for the Defendant; for the Prohibition is grounded upon the Preſcription, and being found againſt it, that, &c. Wherefore being found for the Plaintiff, a Conſultation was granted. Trin. 18 Jac. B. R. Jouce & Parker's Caſe. Cro. 2. Par. 575. vid. Bulſtr. 3. par. 242, 243. the ſame Caſe. Hughe's Abridg. Diſmes, Sect. 5. §. 23.
An Action of Debt brought upon the Statute of E. 6. for not ſetting forth of Tithes,Trin. 8 Jac. Rot. 134. Pain verſ. Nichol. Brownl. Rep. par. 1. …ctions of Debt. and the Plaintiff declared as well for the Predial Tithes, for which he might well bring his Action, as for other Tithes, as of Wool and Lamb, for which no Action on that Statute would lie; and upon Trial the Jury found for all, as well for thoſe that would, as would not bear an Action; and after a Verdict this Exception was taken, and Judgment arreſted. If a man pay Tithe of Lamb at St. Marks-tide, and after at Midſomer he ſhear the reſt of the Lambs,Paſch. 16 Jac. … inter Ni…cls & Hooper, per Cur. viz. the Nine parts, he ought to pay the Tithe of Wool for them, although there be but Two months between the time of payment of the Tithes of the Lamb that were not ſhorn, paid with their Fleeces, and the ſhearing of the reſt, for it is a new increaſe; in this caſe Prohibition was therefore denied.Tr. 12 Jac. B. R. between Marskall and Price. Dubit. Mich. 14 Jac. B. R. between Joyſe and Parker. per Cur. But a man ſhall not pay any Tithe of Herbage of Sheep, for that he pays Tithe of the Wool, for otherwiſe he ſhould pay Tithes twice of the ſame Increaſe. If a man ſhear his Sheep only about the Neck to preſerve them from the Vermin, and not for the profit of the Wool, the Parſon ſhall have no Tithes thereof; but otherwiſe it is, if they are much ſhorn by Covin for the benefit of the Wool: the Law is the ſame, if they are ſhorn about the Necks without fraud but two Months before and two Months after Michaelmaſs to preſerve them and their Fleeces from the Brambles,Caſe ibid. no Tithes ſhall be paid thereof, for it appears that they were not ſhorn for the benefit of the Wool, it being done at that time before the Flecces are increaſed after their being ſhorn throughout.P. 14 Car. B. R. inter Dent & Salvin, per Cur. Likewiſe, if a Pariſhioner cut off the dirty Locks of his Sheep, for their better preſervation from the Vermin, before the Shearing-time, and that without fraud, no Tithes ſhall be paid thereof; and Prohibition granted in this caſe. But if a man kill ſheep, he ſhall yet pay Tithes of the Wool that comes of them,Ibid. but not for their Skins.
For a Prohibition for ſuing for Tithes of Locks of Wool, it was ſuggeſted, he had paid the Tenth Fleece of Wool in ſatisfaction of all Locks and Tithes due for Wool: J…ſ…p & Paynes Caſe. Cro. par. 1.The Court held, that in this caſe the ſubſtance of the Preſcription was good enough, becauſe Locks be not of the ſame value with the Fleece: But in regard of a fault in the Suggeſtion, that it was not (that they had uſually paid) which is iſſuable, a Conſultation was awarded.