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of mills, in the occupation of the defendant, determined in the Excheqner ; and that by the tenth toll dish.

Court held the same doctrine as the Eccle“JUDGMENT. .

siastical Courts, that a mill was titheable • “ Sir William Scott.-- The present ques by the tenth toll-dish, as being a tenth of

tion arises on a libel given by the Rector the miller's gross profits. That case went, against a Parishioner, in a suit for tithes, however, to the House of Lords, where in respect to the tithe of mills. The Court seven Judges gave their opinions against has intimated an opinion in a former suilf, that decision, Mr. Justice Powell being abthat the tithe of corn mills was payable by sent, and the Barons of the Excheqner the tenth toll dish, as the demand, in that adhering to the opinion, they had already case, resteil originally ou an agreement; given. On the opinions of the seven and the Court pronouuced for the smn de Judges, the decision in the Court of Ex. manded, though the agreement itself was chequer was reversed. That was the case not established; and no objection being of a horse malt-mill; but I cannot fiud made to the amount of the demand for any thing, in the reasoning of the parties tithe, and the whole subject having been themselves, as annexed to their cases, or now laboriously argued again, the Court in the reasoping of the Judges, which limits does not hold itself bound by a judgment, the principles of that case to such a mill formed, in great part, upon another consi- only. deration,

"In all milis, there must be animal force “ The erection of mills, in many parts of some sort, either brute's force or man's of Europe, was originally made by persons force. Even where the elements are the possessed of feudal rights, as an act of cha: principal cause of motion, still there must rity; and those who were subject to feudal be animal force to put the machinery into tenure, were permitted to grind at them such a state, as that the elements can act gratuitously. It is on that footing that upou it. Subsequent to Chamberlayoe ancient wills are exempted from the pay- and Newte, other cases occurred, in which ment of tithe: As there was no profit some of the Judges coosidered the princimade, they could not be justly liable to ples of that case to be confined to the partithe. Soinetimes the tenant made to his ticular sort of mill, as in Dodson and Oli. lord the acknowledgnient of a toll dish. ver, in 1720, and Chapman and Barlow, The quantity might vary, as feudal services 1724; and it is possible, that there may be were very various in their nature and some history belonging to those cases, amount. When, however, mills began to which we are pot acquainted with. be constructed for profit, there was a great “The case of Carleton and Brightwell, struggle between the spiritual and tempo- which happened in 1728, has great weight ral jurisdictions, whether mills were tithe- with me. It was decided on the authority able at all or vot? The statute of Arti- of Sir Joseph Jekyll, a most eminent per culi Cleri 8 settled that point, and ever son, and is a decision of the Court of Chansince they have been held titheable. Af. cery. But the dictum of Lord Hardterwards discussions arose, whether this wicke,m « that fulling-mills can only pay a tithe was prædial or personal? I accede personal tithe, because it is only in the to the argument of the defendant's counsel, nature of a trade; but where there are that they are not merely prædial in their coro mills, each is to pay a tepth dish," nature. Tithes are considered prædial, by is embarrassing, if accurately reported. reason of the natural increase of vegetable Lord Hardwicke was not only eminent as substance in the earth, that is, in prædio, a general lawyer, but as a tithe lawyer, The plaintiff's counsel contend, that, in a very few unconsidered dicta, upon any corn mill, there is a change produced, subject, fell from that person, and he must which may be compared to a sort of reno. lave known the principle of decisiou in vation of the corn, by the action of the Chamberlayne and Newte. " It certainly elements, producing a profit. The action increases the perplexity of this matter very of the elements, however, is not upon the noch. Thomas and Price, which was corn, but ab externo : the elements infuse decided in the Court of Exchequer, in nothing into the corn; there is no renova- 1759, is in favour of tithing by the clear tion of the corn; no increase of its sub- profit; and Wilson and Mason, in 1770. stance.

In the last case, there is much learniog ap“ The case of Newte and Chamberlayneh, plied to the subject of mills. There has in 1706, is the foundation of the moderu been a difference of opinion amongst the law upon the subject. That case was first

i Bunb. Rep. 73. k Bunb. Rep. 184. Vid. preceding case.

1 2 Peere Will. 462. $ 9 Edw, II. st. 1.c. i,

m Talbot v. May, 1743. 3. Atkins, 17. 1 7 Bro. P. C. 3,

» s Gwill. 871,

Ib. 974,

Judges, whether the tithe of a corn mill matter set at rest, by a direct decision of is prædial or persoual. In Gaches and that Court upon the point. But I shall, Haynes, and Hall and Machet,9 the argu- on the authorities which have been referred ments of counsel, ou both sides, admit it to to, consider the tithe as personal. The be a personal tithe. In the latter case, the subjects of this kingdom canvot, conveChief Baron holds, it is prædial in respect piently, be liable to two methods of tithing, to the person to whom payable, but perso. creating different measures of obligation. nal as to the measure of payment, that is, The decisions of the Court of Exchequer, by the clear profit.

and of this Court, should be uniform on “Now, under such authorities, what is the same matter. I shall, therefore, direct it proper for the Court to do? It would the libel to be reformed, in respect to debe a great satisfaction to me to have the manding the tenth toll-dislı as the tithe of

the corn mill. P 3 Gwill. 1956. 9 3 Anstruther, p. 915.

ECCLESIASTICAL' PREFERMENTS. Right Rev. George HENRY Law, D.D. evening Lectureship of St. Philip's

LORD BISHOP of CHESTER, translated Chapel, Middlesex. to the SEE OF Barn and WELLS.

Gilly, w. s. M.A. Rector of North FamRev. R. J. CARR, D.D. DEAN of HERE- bridge, Essex, and Chaplain to the

FORD, to the BISHOPRICK of ChicheS. Right Hon. the Earl of Home, to the TER.

alternate morning Preachership of the Rev. C. J. BLOMFIELD, D.D. ARCHDEA Philanthropic Society. .

CON of COLCHESTER, to the Bishop- Halstead, J. M.A. to the rectory of Little • RICK of CHESTER.

Thurlon, Suffolk. Patron, the rev. Benson, c. M.A. Follow of Magdalen R. C. BARNARD, of Withersfield,

college, Cambridge, and late Hulsean Hawkins, C. Rector of Reiston, near Lecturer, to the rectory of St. Giles's, Bath, to a Prebendal stall in the catheMiddleser.

dral church of York. Calvert, F. M.A. Fellow and Tutor of Jarratt, R. B.A. of St. John's college, · Jesus college, Cambridge, and Rector Cambridge, to the vicarage of Lockinga

of Whatfield, Suffolk, to be Chaplain ton cum Hemington, Leicestershire. to the EARL of TANKERVILLE - Lyall, W. R. M.Å. to the Archdeaconry Carey, W. S.M.A. Student of Christ of Colchester.

church, Oxford, to the rectory of Peter Miller, T. E. to the perpetual curacies Javy, Devon.

of Bockleton, Worcestershire, and LpyCarter, W. D. of Magdalen hall, Oxford, sters, Herefordshire, on his own peti

and Lecturer of St. Helen's, Abingdon, tion. to be Minister of the Episcopal Cha- Pole, R. C. M.A. of St. Mary's hall, Oxpel of St. John the Evangelist, Green- ford, to the rectory of Radbourn, Derock.

byshire. Patron, É. S. C. Pole, esq. Chester, W. M.A. Rector of Denton, to Radcliff, A. to the rectory of Stodeley,

the living of Walpole St. Peter, Nor. Devon. folk. Patron, THE KING.

Roberts, R. M.A. Vicar of Haverhill, Cooke, T. M, A. Domestic Chaplain to Suffolk, to the vicarage of Blyton,

the Earl of Malmesbury, to the vicar Cambridgeshire. age of Brigstock cum Stanton. Patron, Seyer, S. M.A. to the rectory of Filton, the Bishop of PETERBOROUGH.

Gloucestershire. Patroness, Mrs. MaxDonne, J. jun. M.A. of St. John's college, LEY.

Cambridge, to the vicarage of St. Seymour, T. M.A. of Emmanuel college, Paul's, Bedford. Patron, LORD VIS- Cambridge, to the vicarage of Mel. COUNT CARTERET.

bourne, Cambridgeshire, Downes, R. to the vicarage of Leaming. Spooner, W. M.A. to the rectory of Acle, ton Priors, Warwickshire.

Norfolk. Patron, LORD CALTHORPE. Drury, C. M.A. senior Michel Fellow of Vansittart, W. to a Prebendal stall in

Queen's college, Oxford, to the second Carlisle cathedral. Patron, The King. portion of the rectory of Pontesbury, Williams, D. A. to be Head Master of Shropshire. Patrons, the Provost and the Carmarthen Grammar School. FELLOws of that SOCIETY,

Williams, J. Vicar of Lampeter, and Faulkner, W. E. L. M.A. of Corpus Head Master of Lampeter School, to

Christi college, Cambridge, and Rector be Rector of the New Academy, in of St. John's, Clerkenwell, to be one of Edinburgh.. the Domestic Chaplains to his Royal UNIVERSITY OF OXFORD, Highness the Duke of Sussex.

Degrees conferred, April 28. Freeland, H. Rector of Hasketon, Suf- DOCTOR IN CIVIL LAW.Rev. E. H.

folk, to the alternate morning and Dawkins, Fell. of All Souls'.

BACHELOR IN CIVIL LAW.-J. W. Bul- Walesby, B.A. scholar of Wadham col. ler, Fell. of All Souls'.

lege, and the rev. H. Gibbs, B.A. of LinMASTERS OF ARTS.-W. Swete, esq. coln college. Oriel, (grand compounder); rer. É. Wil.

May 4. kinson, Magd.; J. Maynard, Exeter; The rev. G. Chandler, D.C.L. somerev. J. Holding, St. John's; rev. J. S. time Fellow of New college, was appointWagstaffe, aud rev. J. Cowherd, Lin ed Canou Bampton's Lecturer for the coln ; rev. T. V. Durell, and rev. c. year 1825. Lacy, Christ Ch.

BACHELORS OF ARTS.-J. Wakefield, UNIVERSITY OF CAMBRIDGE. St. Edm.; and R. C. H. Tuckfield, Oriel. Degrees conferred, April 28. May 13.

HONORARY MASTERS OF ARTS -Hon. BACHELORS IN DIVINITY. - Rev. J. C. Stopford, Trin.; E. Smith, esq. St. Thornton, and rev. T. Prince, Wad.

Peter's. ham ; and rev. T. F. Short, Christ.

MASTERS OF ARTS.- Rev. A. Ollivant, MASTERS OF ART3.- Rev.J. G. Storie,

Trin.; T. Tylecote, St. John's; and rev. Magd. (grand compounder ;) rev. E. S. Fennell, Queen's. Frowd, Exeter, (grand compounder ;)

BACHELORS OF ARTS.-T. Hopkinson rev. C. Nutt, Magd.; W. Graham, and and F. S. Flood, Trin. (compounders); W. L. Shuldham, Christ Ch.; rev. J. Law,

H. Lewin, H. Bateman, H, W. Bucke, Exeter ; rev. J. Roberts, Jesus; rev.

F. Patterson, and R. C. Mellish, Trin.; W. A. B. Cave, and rev. A. A. Daubeny, R. H. Fielding, T. Holmes, P. J. Cha. Brasenose ; rev. C. D. Blyth, Fell. of St. bot, C. C. Wheat, c. T. Clarke, and J. John's.

M.Call, St. John's ;. H. West and S. BACHELORS OF ARTS.-W. R, Lawren Palmer, St. Peter's ; F. H. Wollaston, son, esq. Oriel, (grand compounder ;) Pemb.; J. Buck, J. Glencross, and H. G. Price, and J. Jones, St. Alban H.; Courtney, Queen's; E. H. Cozens, H.T. R. Irvine, Madg.; R. L. Burton, E. Walford, and J. C. Brooke, Cath., H.C. Seymour, and J. 0. Hill, Christ Ch. ; 0. Brice, H. Butterfield, and W. Spencer, Leach, Jesus; R. Maude, T. W. Carr, Christ; W. C. Freeland, Sidney, and and J. Daubeny, Brasenose ; W. J. Agg, R. T. Adnutt and H. Woodington, EnPemb.; N, Best, Balliol; J. E. Arm manuel. strong, and F. Annesley, St. John's; and

May 5. T. A. Strickand, Merton.


Speirs, Esq. Trin. DOCTORS IN DIVINITY.-Rev.J.Thorn MasterS OF ARTS. - Rev. G. A. F. ton, sometime Fell. of Wadham ; and Hart, and J. R. Barker, Christ coll. ; rev. T. Prince, Fell. of Wadham.

rev. W. B. Clarke, Jesus; and rev. J. N. May 20.

Davidson, Queen's. MASTERS OF ARTS.-R. S. Berry, esq. BACHELOR IN CIVIL Law. - Rev. J. Queen's, (grand compounder;) J. Yol. Cleugh, Trin. land, Worcester; rev. G. Dewdney, BACHELORS OF ARTS.-S. Hirst, and E. Queen's ; R. B. Phillips, Trin. ; E. Chur: Pearson, Trin.; K. A. Lafargue, Sidney ; ton, Christ Ch.; rev. J. Williams, Fell. of H. C. L. Henry, Jesus; P. B. Jeckell, Jesus ; J. Walmesley, University; F. P. Queen's; and A. Pace, Clare. Walesby, Fell. of Lincoln ; and G. Haw.

May 12. kins, Corpus Christi.

BACHELOR IN DIVINITY. - Rev. J. BACHELORS OF ARTS.-S. Butlor, C. Lonsdale, King's, (compounder.) Clifton, and R. Denny, Woreester; H. MASTER OF ARTS.- Rev. H. Harding, Cockerell, Trin.; M. Watkins, Jesus; Fell. of King's. H. G. Cooper, St. John's ; H. Hodgson, BACHELOR IN CIVIL LAW.-R. Coote, Madg.; C. Fawcett, University ; T. Trinity H. Twysden, Merton ; J. Colborne, Wado BACHELOR IN PHYSIC. - T. Jeffery, ham; and 0. J. Cresswell, Corpus Christi. Pemb. April 28.

BACHELORS OF ARTS.-G. B. Maturin, • In full convocation, the rev..J. Cal and H. Battiscombe, Fells. of King's; cott, M.A. Fell. of Lincoln college, and G., H. French, compounder; and D. the rev. R. W. Huntley, M.A. Fell, of Sykes, Trin. ; 'J. Murray, Cath.; and Au Souls' college, were admitted Proc. W. F. Hamilton, St. Peter's. tors for the ensuing year; and the rev.

May 29. T. W. Lancaster, M.A. of Queen's cola BACHELOR IN DIVINITY. – Rev. J. lege ; the rev. G. Cracroft, M.A. Fell. Brasse, Trin. of Lincoln college ; the rey. W. S. Phil. MASTER OF ARTS.-Rev. R. Lubbock, lips, M.A. Fell. of Trinity college ; and Pemb. the rev. J. W. Hughes, M.A. of Trinity BACHELORS OF ARTS.-W. Thickens. college, were admitted Pro-Proctors. Trin. ; R. Codrington, (compounder), April 30.

T. B. Dakins, and R. H. Feilden, st. The following gentlemen were chosen John's; D. Laing, and H.T. Wilkinson, Fellows of Lincoln college, viz. F. P. St. Peter's; H. Bagnell, Queen's; J.

Pye, and A. H. Small, Emman. ; and 8. Lancaster, rector of Warnford, to Jane Bagoall, Downing.

second daughter of T. L. 0. Davies, Esq. April 26.

of Alresford The rev. W. Hildyard, M.A. chaplain At Gosport, the rev. R. Bingham, to of Trinity college, was elected Fellow Miss Frances Campbell Barton, daughter and Junior Tutor of Trinity Hall

of the late Jas. Barton, Esq. of Mount. April 29,

pleasant, in the island of Jamaica. The following gentlemen were elected Died. -At Hursley, aged 60, tbe rey.J. scholars of Trinity

Marsh, rector of North Baddersley, and Malkin, Morton, Wigram, Pratt, above 30 years curate of Hursley. Beales, Praed, Riddell, Challis, Hodg The rev. F. T. Hamond, rector of son, Atkinson, Heald, Stratton, and Wydford. Shaw; Silver, and Braine, from West

HUNTINGDONSHIRE. minster school.

Married.--At Buckden, the rev. F. Swan, May 3.

jun. rector of Sansthorpe, Lincolnshire, The rev. John Banks Hollingworth, and fellow of Magdalene college, Oxford, D.D. late Fellow of St. Peter's college, to Susan, youngest daughter of J.Linton, was elected Norisian Professor of Divi Esq. of Stirtloe house, Huntingdonshire. nity, in the room of the very rev. Dr.

LANCASHIRE. Calvert, resigncd.

Married. The rev. W. Ford, to Miss May 7.,

Mary Ann Rymer, of Manchester. R. B. Buckle, Esq. B.A. of Sidney col The rev. J. Slade, M.A. of Emanuel lege, was elected Mathematical Lecturer college, Cambridge, vicar of Bolton, and of that society.

prebendary of Chester, to Mary, third May 8.

daughter of the late E. Bolling, Esq. of Mr. T. Worsley, B.A. of Trinity col Bolton. lege. was elected a Clerical Fellow of

LEICESTERSHIRE. , Downing college.

Died.-In the 78th year of his age, the May 15.

rev. Thomas Slade, rector of Thurleston, * Mr.C.S. Matthews, of Pembroke Hall, Leieestershire, and vicar of Austrey, Warwas elected Hebrew Scholar on the late wickshire. Mr. Tyrwhitt's foundation.


rev. R. Hoyle, M.A. vicar of Marnham, | Married.-At Newbury, the rev. Henry

Notts, and master of Heighington School. Hart Milman, M.A. late fellow of Brasen

MIDDLESEX. nose college, Oxford, professor of poetry,

Married.--At Mary-le-bone New Church, in that University, and rector of St.

(by the right rev. the Lord Bishop of Ely) Mary's, Reading, to Arabella, youngest

the rev. W. White, M.A. vicar of Staddaughter of General Cockelt, of Sandle.

brooke, Suffolk, to Elizabeth, youngest ford.

daughter of the late Mr. Serjeaot MarCAMBRIDGESHIRE.

shall, of Teddington. Died.--The rev. C. Farish, B.D. fellow

At St. Margarel's Church, Westminster, of Queen's college, Cambridge.

the rev. A. T. Luttrell, rector of East DEVONSHIRE.

Quantroxhead, Somersetshire, to Jane, Married.-At Topsham, Devon, the rey.

youngest daughter of W. Leader, Esq. M. Mundy, M.A. of Exeter college, 0.x

M.P. of Putney Hill, Surrey. ford, and curate of St. Andrew's, Piy

Died.-At Islington, in the 81st year of mouth, to Mary, second daughter of Jas.

bis age, the rev. G. Strahan, D.D. prePatch, Esq.

bendary of Rochester, rector of KingsMarried.-The rev. J. Hodgkin, of

down, Kent, and upwards of 50 years North Molton, to Cbarlotte, eldest daugh

vicar of Islington. ter of the rev. W. M. Stowell, of South


Died.-The rev. W. Cooke, M.A. recESSEX.

tor of Hemstead with Lessingham, Nor. Died. -At Rivenhall Parsonage, Essex,

folk, and formerly fellow of King's colaged 56, the rev. S. Western, rector of

lege, Cambridge. ' B.A. 1770, M.Ă. 1773. that parish, and of Hemingstone, Norfolk.

In 1780 he was elected Regius Professor The latter is in the gift of Sir Wm. Mid

of Greek, and was succeeded by the dleton, Bart.

learned Professor Porson in 1782. The GLOUCESTERSHIRE.

rectory is in the patronage of the provost Married. The rev. J. F. Biddy, to

and fellows of that society. Mary Ann Morse, cldest daughter of the

NOTTINGHAMSHIRE. late rev. R. Foley, rector of Huntley.

Died. At the rectory house, West Died. -At Gloucester, aged 85, the rev. Retford, aged 33, the rev. E. Youle, B.A. Benjamin Hemming.

vicar of Apesthorpe, Notts; and late of HAMPSHIRE.

Catherine Hall, Cambridge. ...Married.At Alresford, the rey. R. H. The rev. H. Evans, of Nether Green,



the rev. R. A. T. Leger, of Starcross, Died.--The rev. Drax Durbin, rector near Ereter, to Charlotte, second daughof Walton, Somerset.

ter of sir John Frederick, bart. of BurAt Chew Magna, the rev. R. Phillips. wood Park. Al Bath, aged 89, the rev. John Pino

SUSSEX. Coffin, of Portledge, Devon, and of Ip Died.--At Chichester Palace, the right pington, Cambridgeshire.

rev. J. Buckner, LL D. Lord Bishop of At the vicarage, Weston, near Bath, Chichester. The venerable prelate bad aged 61, the rev. Thomas Wilkins, M.A. been in a declining state of health for vicar os that parish, and late master of some months. He was in his 90th year. the grammar school, Bath.


Married. The rev. E. Miller, vicar of Married. At Weeford, the rev. J. Peel

Radway, to Charlotte, second daughter son of Sir Robert Peel, Bart. of Drayton of the rev. C.S. Miller, of Harlow, Esser. - Manor, to Augasta, youngest daugbter of John Swinfen, Esq of Swinfen House.

YORKSHIRE. Died.–At Lichfield, the rev. W. Madan,

Married.-At Whitby, the rev. H. Tay. vicar of Polesworth, Warwickshire.

lor, of Catcliffe, near Rotherham, to Eliza, SUFFOLK.

daughter of Mr. Gill, of Bond-street, Hull. Married. The rev. sir T. Miller,

ITALY. bart. to Martha, eldest daughter of the Died. At Leghorn, aged 78, the rey. T. rev. J. Holmes, of Bungay.

Hall, who had been Chaplain to the Bri. SURREY.

tish Factory at that place upwards of 45 Married.--At Walton-upon-Thames, years.

MONTHLY LIST OF PUBLICATIONS The Difficulties of Infidelity. By the An Assize Sermon, preached at Horsham, Rev. G. S, Faber, B. D. Rector of Long April 22nd, 1824. By the Rev. F. R. Newton, 8vo. 7s.

Spragg, A.M. late Fellow of Queen's Col. A Sermon occasioned by the Death of lege, Cambridge, and Vicar of Combe St. the Right Hon. Thoinas Villiers Hyde, Nicholas, Somersetshire; Claplain to the Earl of Clarendon, &c. preached in the High Sheriff. 8vo. Is. 6d. Parish Church of Watford, Herts, on À Sermon preached in the Parish March 21st, 1824, By the Rev. J. H. Church of St. John, Clerkenwell, on Sun. Brooke Mountain, A.M. Vicar of Hemel day, May 9, 1824. When a Collection Ilempstead, Rector of Puttenham, Herts, was made in Bebalf of the General Phi. and Prebendary of Lincolo. 8vo. Is. 6d. lanthropic Society, instituted iu Clerked

Two Sermons on occasion of the Death well, for the Relief of the Manufacturing of the Rev. T. Cotterill, A.M. Perpetual and Labouring Poor. By John Jebb,D.D. Curate of St. Paul's, Sheffield, preached F.R.S. Bishop of Limerick, Ardfert and in that Church on Sunday, January 11th, Agbadoe. 8vo. Is. 1824. That in the Morning by the Rev. Cottage Sermons; or, Short Discourses Jolin Blackburn, A.M. Perpetual Curate addressed to Plain People. By the Rev. of Attercliffe cuin Darnell; that in the C. Davy, Curate of Hampstead Norris, Afternoon by the Rev. H. Price, Per. 18mo. Vol. 4. 15. 60. sewed. petual Corate of Christ's Church, Need The Primitive Doctrine concerning the wood. 8vo. 1s. 60.

Person and Character of Jesus Christ. St. Paul the Advocate of Christianity, Part I. 8vo. 108.


of St. Paul, Covent Garden. By the late A New Work, for the Use of Schools, is Rev, James Richard Vernon, Assistant preparing for Publication, in a small Preacher at St. Paul's, Covent Garden, Volunie, entitled, a Short and Easy Guide and Evening Lecturer at St. Mary-le-Bow. to Latin Prosody; or, an Introduction to In one Vol. 8vo. the Scanning and Making of Latin Verses: The Rev. R.T'wopeny, Casterton Parva, with Exercises in most of the Metres in will shortly publish a Volume of Dissertacommon Use. By G. H. Holiday, 'Teacher tions, on various Subjects, In 8vo. of the Classics, &c.

Sermons on Practical Subjects. By An Editition of Livy's Second Punic the Rey. B. Cole of Warbleton, in Sussex, War, is also printing, in a separate Form, will soon appear, in an 8vo. Volume. for the Use of Schools.

The Rev. T. Newcome, Rector of A Volume of Sermons on Practical Shenley, Herts, is preparing for PublicaSobjects, delivered in the Parish Church tion, a Life of Archbishop Sharp. In 8vo.

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