√3. PUBLIC peace." But our learned commentator on the defcripSEDITION. tion of crimes, who treats the fubject with greater precifion than any of his predeceffors, has more properly defcribed it as reaching all thofe practices, whether by deed, word, or "writing, or of whatsoever kind, which are fuited and in"tended to disturb the tranquillity of the ftate; for the " purpose of producing public trouble or commotion, and moving his majesty's subjects to the dislike, resistance, or "fubverfion, of the established government and laws, or "fettled frame and order of things." According to this definition, the actual existence of any tumult or violence is tumult, is it neceffary to fo far from being requifite to conftitute the crime of fedimake fedi- tion, that it makes it a crime of a different name and defcription. Thus if the multitude hath once broke out into open violence, this, according to circumftances, will either When fedi- amount to the crime of treafon, or to that of riot only, tion be- which will be noticed afterwards under the general term of mobbing. If the cause be public, or againft the government, it will belong to the former class; if private and local, it will belong to the latter. tion. comes treafon. UNDER the defcription already mentioned, must obviously be included offences of too great variety and shape to attempt to enumerate them. It is fufficient that the arm of law is able to reach the offence under whatever disguise it may choose to appear, wherever there is evidence of the fame depravity of principle, and reason to apprehend the like pernicious effect. Thus the attempting to raise discontent in the minds of his majesty's foldiers, and propofing to them difloyal and feditious toasts; the printing and publishing a pamphlet, which traduced the British government as a system of venality and oppreffion; the uttering fpeeches, circulating publications, a Book iv, tit. 4. b Hume, vol. ii, c. 27. c 8th Jan. 1793, Morton, Anderfon, and Craig. d 18th March 1793, Robertson and Berry, bookfellers. a and forming affociations for the purpose of accomplishing, on their own authority, an alteration of the government 2; the publishing a hand-bill, which defcribed the king and parliament as in league to enflave the country, and which excited them to combine and take unlawful measures in their own defence; being members of an affembly, which arrogated to itself the character of reprefentatives of inhabitants of Great Britain, and in that capacity took measures for debauching the affections of the people, and defying the legislature: all these have been found, in our own time, by the court of jufticiary, to conftitute the crime of fedi tion. $3. PUBLIC SEDITION, tifh law. SEDITION is mentioned in our oldest law book, Regiam Ma- Punishment by the Scot jeftatem, as a point of dittay, and the life and limb of the offender is put in the king's power. But, without travelling through the many fanguinary acts which difgrace our statute book, and which are now happily no longer in force, it is fufficient to obferve that the punishment is arbitrary, with the exception of life and limb. It may be punished in fuch manner, as the more or lefs aggravated circumstances of the cafe, or danger of the times, may require. In the cafe of Morton, Robertson, and Berry, &c. the court of jufticiary inflicted only a fhort imprisonment; while they punished Muir, Palmer, and others, with transportation to Botany-bay 4. THE proper tribunal for trying this offence is the fupreme criminal court; but there is no doubt it is competent also August 31. 1793, Thomas Muir. b Sept. 13, 1793, Thomas Fyfche Palmer. C © James II, 1447, c. 77; James IV, 1491, c. 34; queen Mary, 1563, c.83; James VI, 1584, c. 131; 1606, c. 17; Cha. 11, 1661, c. 4. d A late ftatute enabled the English judges to inflict this punishment of transportation upon fuch offences which before had been there punishable only by fine and imprisonment as misdemeanours. FUBLIC 13. before the sheriff, or other judge ordinary; and there is no SEDITION. doubt that it is competent also before the feffions of the peace, if the crime is unattended with circumstances of ag gravation fo as to require a fevere punishment. But the im portant jurifdiction of the juftices in this cafe is extra-fel. fional. The checking and preventing the growth of fedition, detecting and counteracting fuch machinations at the very first, and securing the delinquents for trial before the higher judicatures. -LEA9 ING MAK- SEDITION differs from leafing-making in this, that the lat ter seems to be a verbal injury directed against the king as a perfon; which may be committed, either by spreading reports tending to impeach his right to the crown, as calling him a papist, or baftard, or afperfing his moral character, or by the falle invention of fuch ftories as may tend to move jealousy or diflike between the king or any of his counsellors or fervants, or other eminent perfon, or by speaking contemptuously or reproachfully of the king; but all this is fuppofed to proceed out of perfonal diflike of the king; whereas fedition proceeds on a project of disturbing the ftate. At the fame time, no doubt, as leafing-making, by leffening the due reverence of the fovereign with his people, may agree with fedition in its tendency to produce farther mifchief and commotion of the ftate, it may often happen that the fame act may be libelled with propriety either as sedition or leasing-making. No part of our statute-book can more remind us of the oppreffions exercifed in former times, and of the security Sedition, by we presently enjoy, than the ancient enactments which made our ancient this offence capital. By the fecond parliament of our first James, anno 1424, cap. 43, it is ordained," that all leaf laws, capi tal. ❝ing-makers, who engender difcord betwixt the king and "his people, fhall, wherever they can be found, be chal"lenged by those who have authority, and forfeit their lives $ 3 PUBLIC " and goods to the king." And by the fixth parliament of James V, anno 1540, cap. 83, it is ftatuted, "that the "fame pains fhall continue to be inflicted upon leafing- MAKING. "makers as have been ordained by former parliaments. Statutes a"From this act, too, it appears that leafing-making was not gainst leaf"only speaking ill of the king to his fubjects, but speaking ing-makers "ill also of his fubjects, his lords, barons, and lieges,' to "the king." But these fanguinary statutes were corrected by the act of the fecond feffion of the first parliament of queen Anne, (1703, c. 4,) declaring leafing-making not to be a capital crime. " " Act of Q "OUR fovereign lady confidering, that by the acts of Anne, de parliament following, viz. the act James I, parl. 2, c. 43, claring leaf" intitled, leafing-makers tines life and goods; act, James not a capiing-making "V, parl. 6, c. 83, of leafing-makers; act, James VI, parl. tal crime. 8, c. 134, anent flanderers of the king, his progenitors, " and realm; act, James VI, parl. 10, c. 17, intitled, au"thors of flanderous papers and writs should be punished "to the death; act, James VI, parl. 14, c. 205, anent leafing-makers and authors of flanders; and act, James VI, parl. 20, c. 9, intitled, act against flanderous fpeeches and "libels; the crimes herein mentioned are made capital, and is punishable by death and confifcation; and that the faid "laws have been liable to stretches, and that in respect of "their generality, and the various conftructions which the "fame may admit, they may be, as to the forefaid capital punishment, of dangerous confequence, doth, therefore, "with advice and confent of the eftates of parliament, "abrogate and discharge, in all time coming, the forefaid "fanction and pain of death and confifcation, contained in "the faid acts; and statutes and ordains, that the punish- Act of Q "ment of the crimes therein mentioned fhall for hereafter Anne, declaring the only be arbitrary, according to the demerit of the tranf- punishment "greffion, that is, by fining, imprifonment, or banishment; making arof leafing " bitrary. §3. PUBLIC or if the party offender be poor, and not able to pay LEASING- "fine, then to be punished in his body (life and limb always "preferved.") MAKING. TUMULTUOUS PE NEXT may be noticed the offence of tumultuous petition. TITIONING ing, which was carried to an enormous height in the times preceding the grand rebellion. Wherefore, by ftatute 13 Car. II, ftat. 1, c. 5, it is enacted, that not more than twenty names fhall be figned to any petition to the king, or either house of parliament, for any alteration of matters established by law in church or ftate, unless the contents thereof be previously approved in the country by three justices, or the majority of the grand jury at the affizes or quarter-feffions; and in London, by the lord mayor, aldermen, and common council; and that no petition shall be delivered by a company of more than ten persons, on pain, in either cafe, of incurring a penalty not exceeding 100l. and three months imprisonment. SEDITIOUS AS THE right of affembling to confult concerning petitions SEMBLIES. to the king, though evidently implied by the declaration in the claim of rights, that it is the right of fubjects to petition the king, and that all imprisonments and profecutions on that account are contrary to law, has been more than once abridged by the legislature. Particularly by the 36 Geo. III, c. 8, (originally to endure only for three years, afterwards revived by act 41 Geo. III, c. 30, to continue for fix weeks after the then next feffion of parliament) it was enacted, that no meeting, exceeding the number of fifty perfons, shall be holden for the purpose of any petition or remonstrance to the king or either houfe of parliament, for the alteration of any matters established in church or state, or for the purpose of deliberating upon any grievance in the fame, unless notice of fuch a meeting be given in the names of feven householders in fome public newspaper a |