riding, or division of the county, or the stewartry, within and for which the meeting shall be holden, when such meeting shali be holden for any county, riding, division, or stewartry, or not being a freeman or member of the corporation, if the meeting be of any corporate body, or a householder of, or inhabitant usually residing, or freeholder or copyholder having such estate as aforesaid, in the city, borough, or town corporate, parish or township, (as the case may be,) within and for which any such meeting shall be holden, and not being such Member of the Commons House of Parliament, attending as aforesaid, such person being convicted thereof, shall be liable to be punished by fine and imprisonment, not exceeding twelve calendar months, at the discretion of the Court in which the conviction shall be had.

VI. All justices of the peace, sheriffs, and under-sheriffs, mayors, and other head officers aforesaid, are hereby respectively authorized and empowered, within their respective jurisdictions, where any meeting or assembly shall be holden, or be proposed to be holden, for the purpose or on the pretext of deliberating upon any public grievance, or upon any matter or thing relating to any trade, manufacture, business, or profession, or upon any matter in church or state, or of considering, proposing, or agreeing to any petition, com. plaint, remonstrance, declaration, resolution, or address, upon the subject thereof, to proceed to the place where such meeting or assembly shall be holden, or shall be proposed to be holden, and there to do or order or cause to be done all such acts, matters, and things, as the case may require, which they are hereby enabled to do, or to order to be done, or which they are otherwise by law enabled or entitled to do, or to order to be done; and it shall be lawful for all justices of the peace, sheriffs, under-sheriffs, mayors, and other head officers respectively as aforesaid, to require and take the assistance of any number of constables, or other officers of the peace, within the district or place wherein such meeting as herein-before mentioned shall be holden, or any other persons in their aid or assistance, when they shall deem such aid or assistance to be necessary and requisite.

VII. In case any meeting shall be holden in pursuance of any such notice as afore said, and such notice shall express or purport that any matter or thing by law established may be altered otherwise than by the authority of the King, Lords, and Commons, in Parliament assembled; or shall tend to incite or stir up the people to hatred or contempt of the person of his Majesty, his heirs or successors, or of the government and constitution of this realm, MONTHLY MAG, No. 336.

aa by law established; every such meeting shall be deemed and taken to be an unlawful assembly.

VIII. Persons attending meetings contrary to this Act, to be required by proclamation to depart.

IX. The order and form of the proclamation to be made as aforesaid, shall be as hereafter followeth, (that is to say,) the justice of the peace or other person, or one of the justices of peace, or one of the other persons authorized by this Act to make the said proclamation, shall, among the said persons assembled, or as near to them as he can safely come, with a loud voice, command or cause to be commanded silence to be, while proclamation is making; and after that shall openly, and with loud voice, make or cause to be made proclamation in these words, or to the like effect:

'Our Sovereign Lord the King chargeth and commandeth every person here assem bled, who is not a [Freeholder, heritor of ,freeman of

member of

or inhabitants usually residing, or freeholder in, or copyholder in naming the county, riding, division, stewartry, city, borough, town, body corporate, parish, or township, as the case may be,] or who is not entitled to attend this meeting, immediately to depart from this meeting to his lawful business.

'God save the King.'

X. Persons not entitled to attend meet. ings, and not departing upon proclamation, may be carried before a justice.

XI. It shall be lawful for any one or more justice or justices of the peace in and for any county, or for the sheriff or under-sheriff of any county, or for the mayor or other head officer, or any justice of the peace of any city or town corporate, within which any meeting shall be held, or persons shall assemble for the purpose of holding any meeting contrary to the provisions of this Act, or where any person or persons not entitled to attend any meeting or assembly as aforesaid, shall refuse or neglect to depart therefrom for the space of a quarter of an hour after such procla mation made as aforesaid, to make or cause to be made proclamation in the King's name, in the manner and form herein-after directed, to command all persons there assembled to disperse themselves, and peaceably to depart to their habitations, or to their lawful business; and if any such persons so assembled as aforesaid shall, to the number of twelve or more, notwithstanding such proclamation made, continue together by the space of half an hour after such proclamation made, that then and in every such case every person so continuing, being thereof legally conI

victed,

victed, shall be adjudged guilty of felony, and be liable to be transported for any term not exceeding seven years,

XII. Form of proclamation:

"Our Sovereign Lord the King chargeth and commandeth all persons here assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business.-God save the King.'

XIII. Justices at meetings on notice may order persons, propounding or maintaining propositions for altering anything by law established, except by authority of the King, Lords, and Commons, &c. to be taken into custody, &c. And if any persons, to the number of twelve or more, being required or commanded by such proclamation to disperse themselves, and peaceably to depart as last aforesaid, shall, to the number of twelve or more, notwithstanding such proclamation made, remain or continue together by the space of half an hour after such command or request made by proclamation, that then such continuing together, to the number of twelve or more, after such command or request made by proclamation, shall be adjudged felony, and the offenders therein shall be adjudged felons, and shall be liable to be transported for any term not exceeding seven years.

XIV. If any person or persons do or shall, with force and arms, wilfully and knowingly oppose, obstruct, or in any manner wilfully and knowingly let, hinder, or hurt any justice of the peace, or other person authorized as aforesaid, or any person acting in aid or assistance of any justice of the peace who shall attend or disperse any such meeting as aforesaid, or shall be going to attend or to disperse any such meeting, or any justice of the peace or peace officer, or any person or persons acting in aid or assistance of any justice of the peace or other officer who shall begin to proclaim, or be going or endeavouring to make any proclamation authorized or directed to be made under the provisions of this Act, whereby such proclamation shall not be made; and also if any persons so being assembled as aforesaid, to whom any such proclamation as aforesaid should or ought to have been made, if the same had not been hindered as aforesaid, shall, to the number of twelve or more, continue together, and not disperse themselves within half an hour after such let or hindrance so made, having knowledge of such let or hindrance so made; and also if any person so being at any such assembly as aforesaid shall, with force and arms, wilfully and knowingly oppose, obstruct, or in any manner wilfully and knowingly let, hinder, or hurt any justice of the peace or other magistrate, or any peace officer or other person acting in their aid or assistance, in the arresting, apprehending, or taking into custody, or detaining, in execution of

any of the provisions of this Act, any per son or persons, or endeavouring so to do, that then and in every such case every person so offending, being thereof legally convicted, shall be adjudged guilty of felony, and be liable to be transported for any term not exceeding seven years.

XV. Justices, &c. indemnified in case of killing or maiming.

XVI. Nothing herein-before contained shall extend, or be construed to extend, to any meeting or assembly which shall be wholly holden in any room or apartment of any house or building; anything hereinbefore contained to the contrary notwithstanding.

XVII. Act not to extend to meetings for returning members to Parliament.

XVIII. It shall not be lawful for any person to attend, proceed to, or be present at, any meeting whatsoever, which shall be holden for the purpose of or on the pretext of deliberating upon, or proceeding to deliberate upon any public grievance, or upon any matter or thing relating to any trade, manufacture, business, or profession, or upon any matter in church or state, or of considering, proposing, or agreeing to any petition, complaint, remonstrance, declaration, resolution, or address, on the subject thereof, armed with any gun, pistol, sword, dagger, pike, bludgeon, or other offensive weapon; and that every person who shall offend in the premises, shall, upon being convicted thereof, be fined and imprisoned for any term not exceeding two years, at the discretion of the Court before which such conviction shall be had.

XIX. Persons not to attend meetings with flags, banners, and other ensigns or emblems.

XX. Sheriffs depute, &c. in Scotland to have the same powers as magistrates in England.

XXI. Justices at Sessions may subdi. vide large parishes and townships for all the purposes of this Act.

XXII. Extra-parochial places to be deemed parishes for the purposes of this Act.

XXIII. Meetings may be held under this Act in certain parishes in Westminster, within one mile of Westminster Hallgate, notwithstanding Act of 57 Geo. iii. c. 19.

XXIV. Act not to legalize notices, meetings, &c. now contrary to law.

XXV. Nothing in this Act contained shall extend to prevent any prosecution by indictment or otherwise, for anything which may be an offence within the intent and meaning of this Act, and which might have been so prosecuted if this Act had not been made, unless the offender shall have been prosecuted for such offence under this Act, and convicted or acquitted of such offence.

XXVI. And whereas it is expedient that houses and places used for the purpose

of

of publicly delivering lectures, or of holding debates, should be regulated; be it therefore enacted, That every house, room, field, or other place, at or in which any person shall publicly read, or at or in which any lecture or discourse shall be publicly delivered, or any public debate shall be had, on any subject whatever, for the purpose of raising or collecting money, or any other valuable thing, from the persons admitted, or to which any person shall be admitted by payment of money, or by any ticket or token of any kind deliver. ed in consideration of money, or any other valuable thing, or in consequence of paying or giving, or having paid or given, or having agreed to pay or give, in any manner, any money or other valuable thing, or where any money or other valuable thing shall be received from any person admit. ted, either under pretence of paying for any refreshment or other thing, or under any other pretence, or for any other cause, or by means of any device or contrivance whatever, shall be deemed a disorderly house or place, unless the same shall have been previously licensed in manner hereinafter mentioned; and the person by whom such house, room, field, or place, shall be opened or used, for any of the purposes aforesaid, shall forfeit the sum of one hun. dred pounds for every day or time that such house, room, field, or place, shall be opened or used as aforesaid, to such person as will sue for the same, and be other wise punished as the law directs in cases of disorderly houses; and every person managing or conducting the proceedings, or acting as moderator, president, or chairman, at such house, room, field, or place, so opened or used as aforesaid, or therein debating, publicly reading, or delivering any discourse or lecture; and also every person who shall pay, give, collect, or receive, or agree to pay, give, or receive any money or thing, for or in respect of the admission of any person into any such house, room, field, or place, or shall deliver cat, distribute, or receive any such ticket or tickets, or token or tokens as aforesaid, knowing such house, room, field, or place, to be opened or used for any such purpose as aforesaid, shall for every such offence forfeit the sum of twenty pounds.

XXVII. Every person who shall at any time hereafter appear, act, or behave him or herself as master or mistress, or as the person having the command, government, or management of any such house, room, field, or place, as aforesaid, shall be deemed and taken to be a person by whom the same is opened or used as aforesaid, and shall be liable to be sued or prosecuted, and punished as such, notwithstanding he or she be not in fact the real owner or occupier thereof.

XXVIII. Magistrates may demand admission to unlicensed places; penalty for refusal, twenty pounds.

XXIX. Justices may license places for lectures, &c.

XXX. Justices may inspect licensed places; penalty for refusing admittance, twenty pounds.

XXXI. Lectures at the Universities, Inns of Court, Gresham College, &c. excepted.

XXXII. It shall be lawful for any two justices of the peace, acting for any county, stewartry, riding, division, city, town, or place, upon evidence on oath that any house, room, or place, so licensed and opened as aforesaid, is commonly used for the purpose of public reading or delivering lectures or discourses of a seditious, irreligions, or immoral tendency, to adjudge and declare the licence for opening the same to have been forfeited; and such licence shall thereupon cease and determine, and shall thenceforth be utterly void and of no effect.

XXXIII. All or any of the pecuniary fines, penalties, or forfeitures, exceeding the sum of twenty pounds, incurred under this Act in that part of Great Britain called England, or in Ireland, may be recovered by action of debt in any of his Majesty's Courts of Record at Westminster and Dublin respectively, and in Scotland in the Court of Session there. Provided always, that no person shall be prosecuted or sued for any pecuniary penalty imposed by this Act, unless such prosecution shall be commenced, or such action shall be brought, within three calendar months next after such penalty shall have been incurred.

XXXIV. All pecuniary penalties and forfeitures imposed by this Act, shall, when recovered, either by action in any court or in a summary way before any justice, be applied and disposed of in manner hereinafter mentioned, that is to say, one moiety thereof to the plaintiff in any such action, or to the informer before any justice, and the other moiety thereof to his Majesty, his heirs and successors.

XXXV. Describes the form of conviction.

XXXVI. Describes limitation ofactions. XXXVII. Limitation of actions, &c. in Scotland.

XXXVIII. Prosecutions to be commenced within six months after offences. XXXIX. Act may be altered or repealed this Session.

XL. This Act shall commence and have effect within the city of London, and within twenty miles thereof, from the day next after the day of passing this Act, and shall commence and have effect within all other parts of the kingdom, from the expiration of ten days next after the day of passing this Act; and shall be and continue in force for five years from the day of passing this Act, and until the end of the then next Session of Parliament. I 2

PROCEEDINGS

LITERARY SOCIETY OF

BOMBAY.

[The Editor of the Asiatic Journal has abridged the following interesting Account of the present compared with the ancient State of Babylon, by Captain Edward Frederick, of the Bombay Establishment; and it completes the other accounts which we have, at different times, submitted to our readers.]

BABYLON, the capital of Chaldæa, and one of the most ancient cities in the world, is said to have been founded by Belus, and embellished by Semiramis, the warlike queen of the East, and afterwards to have been particularly repaired, enlarged, and beautified by Nebuchadnezzar. It is described by

Herodotus as situated in an extensive

plain, forming a perfect square, which is bisected by the Euphrates running

from north to south; each side he states as being one hundred and twenty furlongs in length, and the whole compass four hundred and eighty furlongs, or above seventy-two miles. It was also, he informs us, surrounded by a wide and deep ditch full of water, and a wall two hundred royal cubits (or three hundred feet) in height, and fifty (or seventyfive feet) wide. The earth or clay dug out to form the ditch was made into bricks, and, after being baked in a furnace served to compose this enormous rampart; and, at every thirtieth course of bricks, a layer of heated bitumen and reeds was introduced. The side of the ditch was also lined or faced with the same materials; and at the top of the wall, opposite to each other, were erected small towers of one story in height; between which, adds Herodotus, a chariot and four horses could pass and turn. Along each bank of the river ran a wall, less high than the outer one, but of great strength, and which joined the outer walls where they formed an angle with the river. In the centre of the western division of the city was a large and well-fortified space: on this side also Diodorus states the pensile or hanging gardens to have been situated; and on the opposite bank stood the temple of Jupiter Belus, whose enormous gates of brass were still seen in the time of Herodotus: the square inclosure around the temple measured two furlongs each face, or a mile in circumference, and in the midst of this space rose an immense tower, on which was

placed another, and on the second a third, and so successively to the number of eight, each successive turret dim↑ nishing in size. On the outside were winding stairs, to ascend from one tower to another; in the middle of the ascent were seats, to allow such as mounted to rest themselves. In the highest tower was a chapel, which contained the bed of the mistress of the god; lower down,

another chapel, in which was a golden statue of Jupiter.

The Euphrates is said to have been made to wind greatly by artificial canals, a considerable distance above, at Arderica, but to have run straight through Babylon: its breadth was five stadia.

Babylonia is described as flat and low, the major part of the land producing prodigious crops of corn, millet, and sesamum; but wood or timber seems not to have been abundant, or even procurable of any size, as appears from the statement of the ancient writers, who agree that the palm-trees (of the date kind) were used for the construction of the platform of the bridge said

to have been thrown across the Eu

phrates by Nitocris.

Herodotus adds, that very little rain falls in this country, and that the lands are almost entirely fertilized, and the fruits of the earth nourished, by means of the river, and that its waters are raised and dispersed over the fields by hydraulic-engines. Neither the vine, fig, nor olive, thrive in this soil; but the palm is a common plant, producing bread, wine, and honey.

But, above all the curiosities of this country, the boats used in the river attracted the attention of Herodotus; he describes them as of a circular form, the outside made of skins, and the interior of willows and reeds, able to carry from one to many asses, besides merchandize. They were constructed in the upper parts of Armenia; and, being laden with articles of trade and asses, they floated down the stream to Babylon, where, on their arrival, the merchants disposed of their cargo, and also of the materials of which their boats were made, except the skins; these they put upon their asses, and returned northward by land, as the strength and ra pidity of the stream prevented them going back the same way they came.

The intelligent author having pre

mised these observations, relative to the position and ancient state of Babylon, for the better understanding of his subsequent remarks, proceeds to state the result of his own researches during a stay of six days at Hillah, examining the ruins. The distance of Hillah from Bagdad he computes at fifty-three miles, which he reached after fourteen hours and a half riding, with only one quarter of an hour intermission.

The whole country from Bagdad to Hillah is extremely flat and barren, and in most parts liable, from its lowness, to the inundations of the two rivers. Cultivation is entirely confined to the banks of the river, except a little above Hillah, where it may extend a couple of miles inland, but that only during the season the river swells; and those splendid accounts of the Babylonian lands yielding crops of grain two and three hundred fold, compared with the modern face of the country, afford a remarkable proof of the singular desolation to which it has been subjected; for so wretchedly provided are the present inhabitants of a village about twenty-four miles before you reach Hillah with that necessary article of life, water, that they have not at any period of the year a single blade of vegetation in the vicinity of their huts, and are obliged to bring from the distance of some miles the water which they use for drinking. These people are induced to remain in their present miserable habitation, from their being situated midway between two caravanserais; from which circumstance they gain their livelihood by selling corn, flour, dates, cattle, and asses, to the caravans that pass through their village; and supply themselves and others with the coarse garments worn by the common people, made of the wool and hair of their flocks, which graze on the banks of the rivers. But it is proper after this account, to add, that there are villages on the road, besides three caravanserais, at which travellers can be supplied with provisions and water; and that there cannot be a doubt that, if proper means were taken, the country could with ease be brought to a high state of cultivation, as the decayed banks of very large water-courses are seen in every direction, and particularly that leading from the Tigris to the Euphrates, which could, if kept in repair, disperse the waters of the two rivers over the lands of Babylonia, and admit the whole face of the country to be irrigated during the greatest part of the year.

As early the next morning after my arrival as circumstances would admit, I hired horses, for my own were entirely incapable of any present exertion from fatigue. I mounted, and spent eight hours of that day in riding to, and viewing, a mound of rubbish on the right bank to the south-west of Hillah, distant about seven miles. It had been seen, but not visited, by Niebuhr ; he calls it a watch-tower; no other traveller even mentions it. It is an immense mass, with a wall nine feet thick, rising out of the centre of it to the height of sixty feet; its top is very considerably higher than that of Agurkuf or Nimrod's tower, near Bagdad, and of much greater extent in the circle at the base. The materials used here are red and white furnacebaked and sun-burnt bricks, of the size mentioned by travellers as found throughout all Babylonish buildings, about one foot square, and from three to four inches thick. The wall before mentioned is of solid masonry, the bricks being furnace-baked, of a yellowish white colour, and cemented with a thin layer of coarse lime and sand, but no reeds or bitumen were to be found in any part of it. That the wall was quite solid there can be no doubt, as I saw through parts of it, by means of the holes which had not been filled up when the scaffolding had been taken away. Immediately about this, and only on the top of the mound, were many masses heaped upon each other, of six and eight feet diameter, of irregular forms, resembling huge fragments of misshapen rock, above and below; some of dark-blue colour, others a mixture of blue and yellow beautifully veined. They were extremely hard, and resisted iron in the same manner as any very hard stone would do. I examined these curious masses with much attention, and was at one time inclined to be of opinion, from appearances which struck me as resembling the very porous nature of the bricks, that they were consolidated pieces of fallen brick masonry. This idea, however, was soon dissipated, when I was unable to discover the regular layers of cement; as these masses were shapeless, and so huge, as to make me think they never could have possessed any regular form. I was at a loss what to attribute them to, or even to conjecture how they could have been procured; as there is not a particle of stoue in this country, nor did I see or hear of any building in the neighbourhood that could have admitted of my concluding that such immense fragments had ever

composed