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

"JUDGMENT.

"Sir William Scott.-The present question arises on a libel given by the Rector against a Parishioner, in a suit for tithes, in respect to the tithe of mills. The Court has intimated an opinion in a former suitf, that the tithe of corn mills was payable by the tenth toll dish, as the demand, in that case, rested originally on an agreement; and the Court pronounced for the sum demanded, though the agreement itself was not established; and no objection being made to the amount of the demand for tithe, and the whole subject having been now laboriously argued again, the Court does not hold itself bound by a judgment, formed, in great part, upon another consideration.

"The erection of mills, in many parts of Europe, was originally made by persons -possessed of feudal rights, as an act of charity; and those who were subject to feudal tenure, were permitted to grind at them gratuitously. It is on that footing that ancient mills are exempted from the pay ment of tithe: As there was no profit made, they could not be justly liable to tithe. Sometimes the tenant made to his lord the acknowledgment of a toll dish. The quantity might vary, as feudal services were very various in their nature and amount. When, however, mills began to be constructed for profit, there was a great struggle between the spiritual and temporal jurisdictions, whether mills were titheable at all or not? The statute of Articuli Cleri & settled that point, and ever since they have been held titheable. terwards discussions arose, whether this tithe was prædial or personal? I accede to the argument of the defendant's counsel, that they are not merely prædial in their nature. Tithes are considered prædial, by reason of the natural increase of vegetable substance in the earth, that is, in prædio. The plaintiff's counsel contend, that, in a corn mill, there is a change produced, which may be compared to a sort of renovation of the corn, by the action of the elements, producing a profit. The action of the elements, however, is not upon the corn, but ab externo: the elements infuse nothing into the corn; there is no renovation of the corn; no increase of its substance.

Af.

"The case of Newte and Chamberlayneh, in 1706, is the foundation of the modern law upon the subject. That case was first

f Vid. preceding case. 69 Edw. II. st. 1. c. i. h 7 Bro. P. C. 3.

Court held the same doctrine as the Ecclesiastical Courts, that a mill was titheable by the tenth toll-dish, as being a tenth of the miller's gross profits. That case went, however, to the House of Lords, where seven Judges gave their opinions against that decision, Mr. Justice Powell being absent, and the Barons of the Exchequer adhering to the opinion, they had already given. On the opinions of the seven Judges, the decision in the Court of Exchequer was reversed. That was the case of a horse malt-mill; but I cannot find any thing, in the reasoning of the parties themselves, as annexed to their cases, or in the reasoning of the Judges, which limits the principles of that case to such a mill only.

"In all mills, there must be animal force of some sort, either brute's force or man's force. Even where the elements are the principal cause of motion, still there must be animal force to put the machinery into such a state, as that the elements can act upon it. Subsequent to Chamberlayne and Newte, other cases occurred, in which some of the Judges considered the principles of that case to be confined to the particular sort of mill, as in Dodson and Oliver, in 1720, and Chapman and Barlow, 1724; and it is possible, that there may be some history belonging to those cases, which we are not acquainted with.

"The case of Carleton and Brightwell, which happened in 1728, has great weight with me. It was decided on the authority of Sir Joseph Jekyll, a most eminent person, and is a decision of the Court of Chancery. But the dictum of Lord Hardwicke,m" that fulling-mills can only pay a personal tithe, because it is only in the nature of a trade; but where there are corn mills, each is to pay a tenth dish,”— is embarrassing, if accurately reported. Lord Hardwicke was not only eminent as a general lawyer, but as a tithe lawyer. Very few unconsidered dicta, upon any subject, fell from that person, and he must have known the principle of decision in Chamberlayne and Newte. It certainly increases the perplexity of this matter very much. Thomas and Price, which was decided in the Court of Exchequer, in 1759, is in favour of tithing by the clear profit; and Wilson and Mason, in 1770, In the last case, there is much learning applied to the subject of mills. There has been a difference of opinion amongst the

1 Bunb. Rep. 73. k Bunb. Rep. 184.
1 2 Peere Will. 462.

m Talbot v. May, 1743. 3 Atkins, 17.
n 3 Gwill, 871.
• Ib. 974.

Judges, whether the tithe of a corn mill is prædial or persoual. In Gaches and Haynes, P and Hall and Machet, the arguments of counsel, ou both sides, admit it to be a personal tithe. In the latter case, the Chief Baron holds, it is prædial in respect to the person to whom payable, but personal as to the measure of payment, that is, by the clear profit.

"Now, under such authorities, what is it proper for the Court to do? It would be a great satisfaction to me to have the

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matter set at rest, by a direct decision of that Court upon the point. But I shall, on the authorities which have been referred to, consider the tithe as personal. The subjects of this kingdom cannot, conveniently, be liable to two methods of tithing, creating different measures of obligation. The decisions of the Court of Exchequer, and of this Court, should be uniform on the same matter. I shall, therefore, direct the libel to be reformed, in respect to demanding the tenth toll-dish as the tithe of the corn mill.

ECCLESIASTICAL PREFERMENTS.

RIGHT REV. GEORGE HENRY LAW, D.D.
LORD BISHOP of CHESTER, translated
to the SEE of BATH and WELLS.
REV. R. J. CARR, D.D. DEAN of HERE-
FORD, to the BISHOPRICK of CHICHES-

TER.

REV. C. J. BLOMFIELD, D.D. ARCHDEACON of COLCHESTER, to the BISHOPRICK of CHESTER.

Benson, C. M.A. Fellow of Magdalen

college, Cambridge, and late Hulsean Lecturer, to the rectory of St. Giles's, Middlesex.

Calvert, F. M.A. Fellow and Tutor of Jesus college, Cambridge, and Rector of Whatfield, Suffolk, to be Chaplain to the EARL of TANKERVILLE. Carey, W. S. M.A. Student of Christ church, Oxford, to the rectory of Peter Javy, Devon.

Carter, W. D. of Magdalen hall, Oxford, and Lecturer of St. Helen's, Abingdon, to be Minister of the Episcopal Chapel of St. John the Evangelist, Greenock.

Chester, W. M.A. Rector of Denton, to

the living of Walpole St. Peter, Norfolk. Patron, THE KING.

Cooke, T. M. A. Domestic Chaplain to
the Earl of Malmesbury, to the vicar-
age of Brigstock cum Stanton. Patron,
the BISHOP of PETERBOROUGH.
Donne, J. jun. M.A. of St. John's college,
Cambridge, to the vicarage of St.
Paul's, Bedford. Patron, LORD VIS-
COUNT CARTERET.

Downes, R. to the vicarage of Leaming-
ton Priors, Warwickshire.
Drury, C. M. A. senior Michel Fellow of
Queen's college, Oxford, to the second
portion of the rectory of Pontesbury,
Shropshire. Patrons, the PROVOST and
FELLOWS of that SOCIETY.
Faulkner, W. E, L. M.A. of Corpus

Christi college, Cambridge, and Rector of St. John's, Clerkenwell, to be one of the Domestic Chaplains to his Royal Highness the Duke of Sussex. Freeland, H. Rector of Hasketon, Suffolk, to the alternate morning and

evening Lectureship of St. Philip's Chapel, Middlesex.

Gilly, W. S. M.A. Rector of North Fambridge, Essex, and Chaplain to the Right Hon. the Earl of Home, to the alternate morning Preachership of the Philanthropic Society.

Halstead, J. M.A. to the rectory of Little Thurlow, Suffolk. Patron. the rev. R. C. BARNARD, of Withersfield. Hawkins, C. Rector of Kelston, near Bath, to a Prebendal stall in the cathedral church of York.

Jarratt, R. BA. of St. John's college, Cambridge, to the vicarage of Locking ton cum Hemington, Leicestershire. Lyall, W. R. M.Ă. to the Archdeaconry of Colchester.

Miller, T. E. to the perpetual curacies of Bockleton, Worcestershire, and Leysters, Herefordshire, on his own petition.

Pole, R. C. M.A. of St. Mary's hall, Ox

ford, to the rectory of Radbourn, Derbyshire. Patron, E. S. C. Pole, esq. Radcliff, A. to the rectory of Stodeley, Devon.

Roberts, R. M.A. Vicar of Haverhill, Suffolk, to the vicarage of Blyton, Cambridgeshire.

Seyer, S. M.A. to the rectory of Filton, Gloucestershire. Patroness, Mrs. MAN

LEY.

Seymour, T. M.A. of Emmanuel college, Cambridge, to the vicarage of Melbourne, Cambridgeshire,

Spooner, W. M.A. to the rectory of Acle, Norfolk. Patron, LORD CALTHORPE. Vansittart, W. to a Prebendal stall in

Carlisle cathedral. Patron, the King. Williams, D. A. to be Head Master of the Carmarthen Grammar School. Williams, J. Vicar of Lampeter, and Head Master of Lampeter School, to be Rector of the New Academy, in Edinburgh.

UNIVERSITY OF OXFORD,

Degrees conferred, April 28. DOCTOR IN CIVIL LAW. Rev. E. H. Dawkins, Fell. of All Souls'.

BACHELOR IN CIVIL LAW.-J. W. Buller, Fell. of All Souls'.

MASTERS OF ARTS.-W. Swete, esq. Oriel, (grand compounder); rev. F. Wilkinson, Magd.; J. Maynard, Exeter; rev. J. Holding, St. John's; rev. J. S. Wagstaffe, and rev. J. Cowherd, Lincoln; rev. T. V. Durell, and rev. C. Lacy, Christ Ch.

BACHELORS OF ARTS.-J. Wakefield, St. Edm.; and R. C. H. Tuckfield, Oriel. May 13.

BACHELORS IN DIVINITY. Rev. J. Thornton, and rev. T. Prince, Wadham; and rev. T. F. Short, Christ.

MASTERS OF ARTS.-Rev. J. G. Storie, Magd. (grand compounder;) rev. E. Frowd, Exeter, (grand compounder ;) rev. C. Nutt, Magd.; W. Graham, and W. L. Shuldham, Christ Ch.; rev. J. Law, Exeter; rev. J. Roberts, Jesus; rev. W. A. B. Cave, and rev. A. A. Daubeny, Brasenose; rev. C. D. Blyth, Fell. of St. John's.

BACHELORS OF ARTS.-W. R. Lawrenson, esq. Oriel, (grand compounder ;) G. Price, and J. Jones, St. Alban H.; R. Irvine, Madg.; R. L. Burton, E. Seymour, and J. O. Hill, Christ Ch. ; O. Leach, Jesus; R. Maude, T. W. Carr, and J. Daubeny, Brasenose; W. J. Agg, Pemb.; N. Best, Balliol, J. E. Armstrong, and F. Annesley, St. John's; and T. A. Strickand, Merton.

May 14.

DOCTORS IN DIVINITY.-Rev. J.Thornton, sometime Fell. of Wadham; and rev. T. Prince, Fell. of Wadham.

May 20.

MASTERS OF ARTS.-R. S. Berry, esq. Queen's, (grand compounder;) J. Yolland, Worcester; rev. G. Dewdney, Queen's; R. B. Phillips, Trin.; E. Churton, Christ Ch.; rev. J.Williams, Fell. of Jesus; J. Walmesley, University; F. P. Walesby, Fell. of Lincoln; and G. Hawkins, Corpus Christi.

BACHELORS OF ARTS.-S. Butler, C. Clifton, and R. Denny, Worcester; H. Cockerell, Trin.; M. Watkins, Jesus; H. G. Cooper, St. John's; H. Hodgson, Madg.; C. Fawcett, University; T. Twysden, Merton; J. Colborne, Wadham; and O. J. Cresswell, Corpus Christi. April 28.

In full convocation, the rev.. .. J. Calcott, M.A. Fell. of Lincoln college, and the rev. R. W. Huntley, M.A. Fell. of All Souls' college, were admitted Proctors for the ensuing year; and the rev. T. W. Lancaster, M.A. of Queen's college; the rev. G. Cracroft, M.A. Fell. of Lincoln college; the rev. W. S. Phillips, M.A. Fell. of Trinity college; and the rev. J. W. Hughes, M.A. of Trinity college, were admitted Pro-Proctors. April 30.

The following gentlemen were chosen Fellows of Lincoln college, viz. F. P.

Walesby, B.A. scholar of Wadham college, and the rev. H. Gibbs, B.A. of Lincoln college.

May 4.

The rev. G. Chandler, D.C.L. sometime Fellow of New college, was appointed Canon Bampton's Lecturer for the year 1825.

UNIVERSITY OF CAMBRIDGE. Degrees conferred, April 28. HONORARY MASTERS OF ARTS-Hon. C. Stopford, Trin.; E. Smith, esq. St. Peter's.

MASTERS OF ARTS.-Rev. A. Ollivant, Trin.; T. Tylecote, St. John's; and rev. S. Fennell, Queen's.

BACHELORS OF ARTS.-T. Hopkinson and F. S. Flood, Trin. (compounders); H. Lewin, H. Bateman, H. W. Bucke, F. Patterson, and R. C. Mellish, Trin.; R. H. Fielding, T. Holmes, P. J. Chabot, C. C. Wheat, C. T. Clarke, and J. M'Call, St. John's; H. West and S. Palmer, St. Peter's; F. H. Wollaston, Pemb.; J. Buck, J. Glencross, and H. Courtney, Queen's; E. H. Cozens, H.T. Walford, and J. C. Brooke, Cath.; H. C. Brice, H. Butterfield, and W. Spencer, Christ; W. C. Freeland, Sidney, and R. T. Adnutt and H. Woodington, Emmanuel.

May 5.

HONORARY MASTER OF ARTS. Speirs, Esq. Trin.

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MASTERS OF ARTS. Rev. G. A. F. Hart, and J. R. Barker, Christ coll. ; rev. W. B. Clarke, Jesus; and rev. J. N. Davidson, Queen's.

BACHELOR IN CIVIL LAW. Cleugh, Trin.

- Rev. J.

BACHELORS OF ARTS.-S. Hirst, and E. Pearson, Trin.; K. A. Lafargue, Sidney; H. C. L. Henry, Jesus; P. B. Jeckell, Queen's; and A. Pace, Clare. May 12.

Rev. J.

BACHELOR IN DIVINITY. Lonsdale, King's, (compounder.) MASTER OF ARTS.-Rev. H. Harding, Fell. of King's.

BACHELOR IN CIVIL LAW.-R. Coote, Trinity H.

BACHELOR IN PHYSIC.-T. Jeffery, Pemb.

BACHELORS OF ARTS.-G. B. Maturin, and H. Battiscombe, Fells. of King's; G. H. French, compounder; and D. Sykes, Trin.; J. Murray, Cath.; and W. F. Hamilton, St. Peter's. May 29.

BACHELOR IN DIVINITY. · - Rev. J. Brasse, Trin.

MASTER OF ARTS.-Rev. R. Lubbock, Pemb.

BACHELORS OF ARTS.-W. Thickens, Trin.; R. Codrington, (compounder), T. B. Dakins, and R. H. Feilden, St. John's; D. Laing, and H. T. Wilkinson, St. Peter's; H. Bagnell, Queen's ; J.

Pye, and A. H. Small, Emman.; and S. Lancaster, rector of Warnford, to Jane Bagnall, Downing. second daughter of T. L. O. Davies, Esq. of Alresford

April 26.

The rev. W. Hildyard, M.A. chaplain of Trinity college, was elected Fellow and Junior Tutor of Trinity Hall.

April 29.

The following gentlemen were elected scholars of Trinity—

Malkin, Morton, Wigram, Pratt, Beales, Praed, Riddell, Challis, Hodgson, Atkinson, Heald, Stratton, and Shaw; Silver, and Braine, from Westminster school.

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Married.-At Newbury, the rev. Henry Hart Milman, M.A. late fellow of Brasennose college, Oxford, professor of poetry, in that University, and rector of St. Mary's, Reading, to Arabella, youngest daughter of General Cockelt, of Sandleford.

CAMBRIDGESHIRE.

Died. The rev. C. Farish, B.D. fellow of Queen's college, Cambridge. DEVONSHIRË.

Married. At Topsham, Devon, the rev. M. Mundy, M.A. of Exeter college, Oxford, and curate of St. Andrew's, Piymouth, to Mary, second daughter of Jas. Patch, Esq.

Married. The rev. J. Hodgkin, of North Molton, to Charlotte, eldest daughter of the rev. W. M. Stowell, of South Molton.

ESSEX.

Died.-At Rivenhall Parsonage, Essex, aged 56, the rev. S. Western, rector of that parish, and of Hemingstone, Norfolk. The latter is in the gift of Sir Wm. Middleton, Bart.

GLOUCESTERSHIRE. Married. The rev. J. F. Biddy, to Mary Ann Morse, eldest daughter of the late rev. R. Foley, rector of Huntley.

Died.-At Gloucester, aged 85, the rev. Benjamin Hemming.

HAMPSHIRE.
Married.-At Alresford, the rev. R. H.

At Gosport, the rev. R. Bingham, to Miss Frances Campbell Barton, daughter of the late Jas. Barton, Esq. of Mountpleasant, in the island of Jamaica.

Died.-At Hursley, aged 60, the rev. J. Marsh, rector of North Baddersley, and above 30 years curate of Hursley.

The rev. F. T. Hamond, rector of Wydford.

HUNTINGDONSHIRE. Married.-At Buckden, the rev. F. Swan, jun. rector of Sansthorpe, Lincolnshire, and fellow of Magdalene college, Oxford, to Susan, youngest daughter of J.Linton, Esq. of Stirtloe house, Huntingdonshire. LANCASHIRE.

Married. The rev. W. Ford, to Miss Mary Ann Rymer, of Manchester.

The rev. J. Slade, M.A. of Emanuel college, Cambridge, vicar of Bolton, and prebendary of Chester, to Mary, third daughter of the late E. Bolling, Esq. of Bolton.

LEICESTERSHIRE.

Died. In the 78th year of his age, the rev. Thomas Slade, rector of Thurleston, Leicestershire, and vicar of Austrey, Warwickshire.

LINCOLNSHIRE.

Died.-At Heighington, aged 56, the rev. R. Hoyle, M.A. vicar of Marnham, Notts, and master of Heighington School. MIDDLESEX.

Married.--At Mary-le-bone New Church, (by the right rev. the Lord Bishop of Ely) the rev. W. White, M.A. vicar of Stadbrooke, Suffolk, to Elizabeth, youngest daughter of the late Mr. Serjeant Marshall, of Teddington.

At St. Margaret's Church, Westminster, the rev. A. T. Luttrell, rector of East Quantroxhead, Somersetshire, to Jane, youngest daughter of W. Leader, Esq. M.P. of Putney Hill, Surrey.

Died.-At Islington, in the 81st year of his age, the rev. G. Strahan, D.D. prebendary of Rochester, rector of Kingsdown, Kent, and upwards of 50 years vicar of Islington.

NORFOLK.

Died. The rev. W. Cooke, M.A. rector of Hemstead with Lessingham, Norfolk, and formerly fellow of King's college, Cambridge. B.A. 1770, M.Ă. 1773. In 1780 he was elected Regius Professor of Greek, and was succeeded by the learned Professor Porson in 1782. The rectory is in the patronage of the provost and fellows of that society.

NOTTINGHAMSHIRE.

Died. At the rectory house, West Retford, aged 33, the rev. E. Youle, B.A. vicar of Apesthorpe, Notts; and late of Catherine Hall, Cambridge.

The rev. H. Evans, of Nether Green.

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SOMERSETSHIRE. Died. The rev. Drax Durbin, rector of Walton, Somerset.

At Chew Magna, the rev. R. Phillips. At Bath, aged 89, the rev. John Pine Coffin, of Portledge, Devon, and of Ippington, Cambridgeshire.

At the vicarage, Weston, near Bath, aged 61, the rev. Thomas Wilkins, M.A. vicar of that parish, and late master of the grammar school, Bath.

STAFFORDSHIRE.

Married. At Weeford, the rev. J. Peel son of Sir Robert Peel, Bart. of Drayton Manor, to Augusta, youngest daughter of John Swinfen, Esq of Swinfen House.

Died.-At Lichfield, the rev. W. Madan, vicar of Polesworth, Warwickshire.

SUFFOLK.

Married.-The rev. sir T. Miller, bart. to Martha, eldest daughter of the rev. J. Holmes, of Bungay.

SURREY.

Married.--At Walton-upon-Thames,

the rev. R. A. T. Leger, of Starcross, near Exeter, to Charlotte, second daughter of sir John Frederick, bart. of Burwood Park.

SUSSEX.

Died.-At Chichester Palace, the right rev. J. Buckner, LL D. Lord Bishop of Chichester. The venerable prelate had been in a declining state of health for some months. He was in his 90th year. WARWICKSHIRE.

Married. The rev. E. Miller, vicar of Radway, to Charlotte, second daughter of the rev. C. S. Miller, of Harlow, Essex. YORKSHIRE.

Married. At Whitby, the rev. H. Taylor, of Catcliffe, near Rotherham, to Eliza, daughter of Mr. Gill, of Bond-street, Hull. ITALY.

Died.-At Leghorn, aged 78, the rev. T. Hall, who had been Chaplain to the British Factory at that place upwards of 45 years.

MONTHLY LIST OF PUBLICATIONS
The Difficulties of Infidelity. By the
Rev. G. S. Faber, B. D. Rector of Long
Newton. 8vo. 7s.

A Sermon occasioned by the Death of
the Right Hon. Thomas Villiers Hyde,
Earl of Clarendon, &c. preached in the
Parish Church of Watford, Herts, on
March 21st, 1824. By the Rev. J. H.
Brooke Mountain, A.M. Vicar of Hemel
Hempstead, Rector of Puttenham, Herts,
and Prebendary of Lincoln. 8vo. 1s. 6d.

Two Sermons on occasion of the Death of the Rev. T. Cotterill, A.M. Perpetual Curate of St. Paul's, Sheffield, preached in that Church on Sunday, January 11th, 1824. That in the Morning by the Rev. John Blackburn, A.M. Perpetual Curate of Attercliffe cuin Darnell; that in the Afternoon by the Rev. H. Price, Perpetual Curate of Christ's Church, Needwood. 8vo. 1s. 6d.

An Assize Sermon, preached at Horsham,
April 22nd, 1824. By the Rev. F. R.
Spragg, A.M. late Fellow of Queen's Col-
lege, Cambridge, and Vicar of Combe St.
Nicholas, Somersetshire; Chaplain to the
High Sheriff. 8vo. 1s. 6d.

A Sermon preached in the Parish Church of St. John, Clerkenwell, on Sunday, May 9, 1824. When a Collection was made in Behalf of the General Philanthropic Society, instituted in Clerkenwell, for the Relief of the Manufacturing and Labouring Poor. By John Jebb,D.D. F.R.S. Bishop of Limerick, Ardfert and Aghadoe. 8vo. 1s.

Cottage Sermons; or, Short Discourses addressed to Plain People. By the Rev. C. Davy, Curate of Hampstead Norris, 18mo. Vol. 4. 1s. 6d. sewed.

The Primitive Doctrine concerning the Person and Character of Jesus Christ,

St. Paul the Advocate of Christianity, Part I. 8vo. 10s.

LITERARY INTELLIGENCE.

WORKS IN THE PRESS.

A New Work, for the Use of Schools, is preparing for Publication, in a small Volume, entitled, a Short and Easy Guide to Latin Prosody; or, an Introduction to the Scanning and Making of Latin Verses: with Exercises in most of the Metres in common Use. By G. H. Holiday, Teacher of the Classics, &c.

An Editition of Livy's Second Punic War, is also printing, in a separate Form, for the Use of Schools.

A Volume of Sermons on Practical Subjects, delivered in the Parish Church

of St. Paul, Covent Garden. By the late Rev. James Richard Vernon, Assistant Preacher at St. Paul's, Covent Garden, and Evening Lecturer at St. Mary-le-Bow. In one Vol. 8vo.

The Rev. R.Twopeny, Casterton Parva, will shortly publish a Volume of Dissertations, on various Subjects. In 8vo.

Sermons on Practical Subjects. By the Rev. B. Cole of Warbleton, in Sussex, will soon appear, in an 8vo. Volume.

The Rev. T. Newcome, Rector of Shenley, Herts, is preparing for Publication, a Life of Archbishop Sharp. In 8vo.

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