tality, while they abide in the third [or celeftial] region, is out venerable parent, and the providence which governs all worlds." P. 418

Such is the religion of the Vedas; a knowledge of the philofophy and fciences contained in them mult be gleaned from what are called the BRAHMANA, or precepts inculcated throughout this voluminous work. But it muft here be obferved, that Mr. C. is not in poffeffion of the whole of the Vedas, nor has he perused their entire contents. Sufficient specimens are, however, here given to enable us to form an idea of the high advance of the Brahmins in the sciences, at a period when Greece had fcarcely emerged from barba rifm. In aftronomy, in particular, that advance is proved by their early formation of a zodiac, divided into twenty-seven afterims, of which the firft is Crittica, or the Pleiades: p. 470. In fact, their religion, in fome degree, compelled the Indians to become aftronomers, fince all their great feftivals are regulated by the motions of the heavenly bodies. Their aftronomical cycles are innumerable, from those of five years up to thofe of twelve thoufand; the Calendar was formed, and the exact places of the colures are ftated fourteen hundred years before Chrift. This intelligence is truly important, efpecially at a period, when the high antiquity of the Brahmin aftronomy has been repeatedly attempted to be undermined. Mr. Colebrook has given the original Sanfcrit ftanzas, recording this memorable fact; with a literal tranflation and annotations, which it would be unpardonable in us to withhold from our readers.

"When the fun and moon afcend the fky together, being in the conftellation over which the Vafus prefide; then does the cycle begin, and the [feafon] Mág'ha, and the [month] Tapas, and the bright [fortnight], and the northern path.

"The fun and moon turn towards the north at the beginning of Sravisht'há; but the fun turns towards the fouth in the middle of the conftellation over which the ferpent prefides; and this [his turn towards the fouth, and towards the north,] always [happens] in [the months of] Mágha Srávana.

In the northern progrefs, an increase of day, and decrease of night, take place, amounting to a praft'ha (or 32 palas) of water; in the fouthern, both are reverfed (i. e. the days decrease, and the nights increafe), and [the difference amounts] by the journey, to fix mubúrtas *.

"I cannot, as yet, reconcile the time here fated. Its explanation appears to depend on the sonftruction of the clepfydra,

Shravifh'thá is given, in all the dictionaries of the Sanferit language, as another name of D'hanifht'há; and is used for it, in more than one paffage of the Védas. This is the conftellation which is facred to the Vafus; as Aslèhá is, to the ferpents. The deities, prefiding over the twenty-feven conftellations, are enumerated in three other verfes of the Jyotish belonging to Yajuh, and in feveral places of the Védas. The Jyotish of the Rich differs in tranfpofing two of them; but the commentator corrects this as a faulty reading.

"In feveral paffages of the Jyotish, thefe names of deities are ufed for the conftellations over which they prefide; especially one which states the fituation of the moon, when the fun reaches the tropick, in years other than the firft of the cycle. Every where thefe terms are explained, as indicating the conftellations, which that enumeration allots to them *. Texts, contained in the Védas themfelves, confirm the correfpondence; and the connexion of Aswini and the Aswins is indeed decifive.

"Hence it is clear, that D'hanisht'hà and Asléhá are the conftellations meant; and that when this Hindu calendar was regulated, the folftitial points were reckoned to be at the beginning of the one and in the middle of the other: and fuch was the fituation of thofe cardinal points, in the fourteenth century before the Chriftian era. I formerly + had occafion to fhow, from another paffage of the Védas, that the correfpondence of feafons with months, as there ftated, and as alfo fuggefted in the passage now quoted from the Jyotish, agrees with fuch a fitua tion of the cardinal points." P. 471.

With respect to their philofophical notions, their fentiments regarding the cofmogony, are remarked by Mr. Colebrook, as bearing a diftant refemblance to thofe of Hefiod and the earliest Greek philofophers, and poets; and even the words mentioned in an account of Creation, at page 393, are very fimilar to the CHAOS and EROS of the former writer. There is fomething fo very fublime in other paffages relating to that grand event, that we can scarcely believe the author was ignorant of the Mofaic records: thus, where it is faid, "The Deity THOUGHT, I will create worlds;" and they burft into existence. "He THOUGHT again;" then were

which I do not well understand; as the rule for its conftru&tion is obfcure, and involves fome difficulties, which remain yet un folved."

"* I think it needless to quote the original of this enumera tion."

"Afiatic Researches, Vol. VII. p. 283."

Аа

BRIT. CRIT. VOL, XXXV. APRIL, 1810.

create

created guardians of the worlds, beatified fpirits, and good men. We are the more inclined to this opinion on account of the grofs and puerile conceptions that are blended with and follow this defcription: p. 409, &c. The Hindus, we are told, believe that the foul, or confcious life, enters the body through the fagittal future, takes up its abode in the human brain, and contemplates, through that fame opening, the divine perfections. Our limits will not permit us to enter more at large upon the fciences inculcated in the Vedas, of which, in fact, but a few glimmefings appear in this abftract of their contents. Mr. Colebrooke's general opinion of thefe books may be collected from his concluding paragraph, with which our ftrictures on this volume mu allo terminate.

"The preceding defcription may ferve to convey fome notion of the Védas. They are too voluminous for a complete tranflation of the whole and what they contain, would hardly reward the labour of the reader; much lefs, that of the tran flator. The ancient dialect, in which they are compofed, and efpecially that of the three first Védas, is extremely difficult and obfcure and, though curious, as the parent of a more polished and refined language (the claffical Sanferit), its difficulties muft long continue to prevent fuch an examination of the whole Védas, as would be requifite for extracting all that is remarkable and important in thofe voluminous works. But they well deserve to be occafionally confulted by the oriental fcholar."

:

ART. V. A Treatife of the Law of Tithes; compiled in Part from fome Notes of Richard Wooddefen, Efq. D. C. L. By Samuel Toller, Efq. of Lincoln's Inn, Barrister at Law. 8vo. 512 p. 10s. 6d. Butterworth. 1808.

WE

1

E feel great fatisfaction in contemplating a claffical and well-digefted Treatife on the Law of Tithes: one which may be cited as authority in all future difcuffions on the fubject. That the prefent work is fuch will readily be 'conceived, by thofe who know the perfons concerned in it, from the following ftatement of Mr. Toller.

"Dr. Wooddefon having collected a variety of notes, with a view to extend and to prepare them for a publication upon the fubject, was compelled by an ill ftate of health to re Linquith his purpofe, before it was much more than half accom

plished,

plished, and he did me the honour of communicating to me his papers, with a requeft that I would revife them, and complete the work. Encouraged by the confidence repofed in me by my learned friend, I ventured to comply with his application, and beg leave to fubmit to the public, the refult of our joint labours.";

P. v.

What is added, refpecting the imperfections of the execution, is rather calculated to fatisfy the modefty of the writer, than to excite in the reader any fufpicion of material defects. The Treatife contains ten chapters, the titles of which will give the readieft fynopfis of the plan, and con! tents of the book,

2. Of Tithes, to whom 3. Divifions of

"Chap. 1. Historical Introduction. due; and their legal nature and properties. tithes, and matters between Rector and Vicar. 4. Things tithable of common right, and the manner of tithing them respectively. 5. Things tithable by fpecial cuftom. 6. Things not tithable. 7. Exemptions general. 8. Exemptions partial. 9. Tithes in London. 10. Remedies for the recovery of tithes, or their value."

This work refers the legal right to tithes in England, though not their origin, to a decretal epiftle of Pope Innocent III, about the year 1200; that is, about 20 years after the general council of Leteran in 1180.

"To this decretal epiftle, addreffed to the Archbishop of Canterbury, and received here as law, by general confent, may in great meafure be referred the ftable and final eftablishment and fecurity of the parochial clergy's right to their tithes. They are reprefented, indeed, in feveral of our old law books, to be originally and fundamentally due jure divins. But it is foreign to the fcope and object of this treatife to confider the validity of that antiquated principle as the bafis of a legal right. In point of natural Justice, it is clear that the clergy have a claim to fome public provifion, and tithes are the fpecies of fuch provifion prefcribed by the municipal law; and thefe foundations are fuffici. ently folid on which to reft their title." P. 10.

A claim fixed by public law fix centuries ago, and prevailing long before by cuftom, is furely a foundation fufficiently firm for any legal right. But though the question of right to tithes is generally confidered as chiefly affecting the clergy, we believe that we are well warranted in fay ing, as we fpeak from the information of a very careful en quirer, that more than one half of the tithes accruing at this A ag

hour

hour in England are in the hands of lay impropriators; so extenfively would temporal as well as ecclefiaftical property be affected by any fudden change in that ancient law. The following exceptions to the general rules of tithing are worthy

of notice.

** It must not be inferred from the terms of the definition in the beginning of the fecond chapter, that tithes are the tenth part of the increase yearly arifing from the profits of lands,' &c. that this neceffity of annual renewal is ftrictly and univerfally true of all fpecies, even of predial tithes. To mixed and perfonal tithes, that part of the defcription does not at all apply. Indeed, if land hath once borne this annual burden, the principle is, that it ought not to be again charged in the courfe of the fame year. But lands fown with clover t, which has a more frequent increafe than once a year, ought, it feems to pay tithe as often as the product was renewed. So tithe has been decreed to be paid for a fecond crop of turnips, though it was infifted that they were sown for meliorating the foil against the next years crop. On the other hand, it was very early confidered as no objection against the tithable capacity of fylva cædua, or wood ufed to be cut, or lopped, that it was not renewed annually. In like manner, faffron is tithable |, though generally gathered but once in three years." P. 62.

Subjoined to this valuable work are two ufeful appendixes, the first being a catalogue of monafteries of the yearly value of two hundred pounds or upwards, diffolved by the ftatute of 31 Hen. Eighth, and by fuch means capable of being difcharged of tithes ; extracted from Tanner's Notitia Monaftica. The fecond, a lift of the parifhes in London fettled by the ftatute 22 and 23 Car. 2. ufually called the Fire A&t. But we do not observe any notice of the late augmentations granted to the minifters of those parishes, on account of the great depreciation in the value of money, fince

# (C 2 Vin. Lect. 97."

3 Burn, eccl. 1. 377, Gwill. 584. Witherington v. Harris."

"Gwill. 606. Hall v. "Gwill. 9. A. D. 1812 2. 7. R. 2. tated renewal, like the cafe of jaffron. v. Tryon, but as to the entry 7 R. 2. fee tioned, ibid 831. 2.”

Fitz."

Because it is an ordinary Gwill. 338. in Walton its authenticity quef

"Wood. Inft. 1. Engl. 172. ed. 1763.”