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SEDITION (Lat. se or sed, apart, and ...

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Originally appearing in Volume V24, Page 579 of the 1911 Encyclopedia Britannica.
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SEDITION (See also:Lat. se or sed, apart, and ire, to go, a going apart, dissension)  , in See also:law, an See also:attempt to disturb the tranquillity of the See also:state . In See also:Roman law See also:sedition was considered as majestas or See also:treason . In See also:English law it is a very elastic See also:term, including offences ranging from See also:libel to treason (q.v.) . It is rarely used except in its adjectival See also:form, e.g. seditious libel, seditious See also:meeting or seditious See also:conspiracy . " As to sedition itself," says Mr See also:Justice See also:Stephen, " I do not think that any such offence is known to English law " (His' . Crim . Law, vol. ii. See also:chap. See also:xxiv.).' The See also:principal enactments now in force dealing with seditious offences were all passed during the last twenty-five years of the reign of See also:George III . They are the Unlawful Oaths See also:Act 1797, prohibiting the administering or taking of unlawful oaths (see See also:OATH) or the belonging to an unlawful confederacy; the Unlawful Drilling Act 1819–1820 prohibited unlawful drilling and military exercises; and the acts for the suppression of corresponding See also:societies, the Unlawful Societies Act 1799 and the Seditious Meetings Act 1817 . No proceedings can be instituted under these last two acts without the authority of the law See also:officers of the See also:crown (Corresponding Societies, &c., Act, 1846) . Under the See also:head of statutes aimed at seditious offences may also be classed statutes of See also:Richard II . (1378, 1388) against scandalum _magnatum or See also:slander of See also:great men, such as peers, See also:judges or great officers of state, whereby discord may arise within the See also:realm, and a See also:statute of See also:Charles II . (1661) against tumultuous petitioning (see See also:PETITION) .

There has been no See also:

prosecution for many years for seditious words as distinguished from seditious libel, but such words have been admitted as See also:evidence in proceedings for seditious conspiracy (q.v.), as in the prosecution of O'Connell in 1844 and of C . S . See also:Parnell and others in 188o (see Reg. v . Parnell, See also:Cox's Criminal Cases, vol. xiv . 508) . By the See also:Prison Act 1877, any prisoner under See also:sentence for sedition or seditious libel is to be treated as a misdemeanant of the first See also:division . ' The word " sedition " occurs, however, in the Prison Act 1877, s . 40 . See also:Scotland.—" All acts by which the minds of the See also:people may be incited to defeat the See also:government or See also:control legislation by violent or unconstitutional means are seditious " (See also:Macdonald, Criminal Law, 229) . Sedition is punishable by See also:fine or imprisonment or both (See also:Punishment of Leasing-making, &c., 1825) . A very large number of acts of the Scottish See also:parliament dealt with sedition, beginning as See also:early as 1184 with the See also:assize of See also:William the See also:Lion, c . 29 .

Leasing-making is to be distinguished from sedition, as it attacked only the See also:

sovereign individually, not the government . See also:United States.—In the acts of See also:Congress the word " sedition " appears to occur only in the See also:army and See also:navy articles . A soldier joining any sedition or who, being See also:present at any sedition, does not use his utmost endeavour to suppress the same, is punishable with See also:death or such other punishment as a See also:court-See also:martial shall See also:direct (U.S . Rev . Stats . § 1342, arts . 22, 23) . A sailor uttering seditious words is punishable at the discretion of a court-martial . In 1798 an act of Congress called the Sedition Act was passed, which expired by effluxion of See also:time in 1801 . Its constitutionality was violently assailed at the time and it "was beyond all question condemned by public sentiment " as " susceptible of being used for purposes of oppression and terrorism." (See See also:Story on the constitution of the United States, §§ 1293-1294.) Several prosecutions under the act will be found in See also:Wharton's State Trials . Sedition is also dealt with by the state See also:laws mostly in a very liberal spirit . Thus the See also:Louisiana See also:Code, § 394, enacted that " there is no such offence known to our law as See also:defamation of the government or either of its branches, either under the name of libel, slander, seditious See also:writing or other appellation." By § III, to constitute the offence of sedition " there must be not only a See also:design to dismember the state, or to subvert or See also:change its constitution, but an attempt must be made to do it by force .

It has been held that publications which tend to degrade and vilify the constitution, to promote insurrection and circulate discontent through its members, to asperse its justice and anywise impair the exercise of its functions are seditious and are visited with the See also:

peculiar rigour of the law (1805, Respub. v . Dennie, .,g . Yeates (Penna), 267) . The See also:defendant was indicted " as a factitious and seditious See also:person of a wicked mind and unquiet and turbulent disposition and conversation, seditiously, maliciously and wilfully Intending as much as in him See also:lay to bring into contempt and hatred the See also:independence of the United States, the constitution of this See also:commonwealth and of the United States, to excite popular discontent and dissatisfaction against the See also:scheme of polity instituted and upon trial in the said United States and in the said See also:common-See also:wealth, to molest, disturb and destroy the See also:peace and public tranquillity of the said United States . . . to condemn the principles of revolution and revile, depreciate and scandalize the characters of the revolutionary patriots and statesmen, to endanger, subvert and totally destroy the republican constitutions and See also:free governments of the United States . . . to involve (it) . . . in See also:civil See also:war, desolation and anarchy and to procure by See also:art and force a See also:radical change and alteration in the principles and forms of the said constitutions and governments without the free will and concurrence of the people of the United States, and to fulfil, perfect and bring to effect his wicked, seditious and detestable intentions aforesaid he the said See also:Joseph Dennie on the 23rd of See also:April 1803 at the See also:city of See also:Philadelphia falsely, maliciously, factiously and seditiously did make, compose, write and publish the following libel, to wit, ' a See also:democracy is scarcely tolerable at any See also:period of See also:national See also:history . Its omens are always sinister and its See also:powers are unpropitious; it was weak and wicked at See also:Athens, it was See also:bad in See also:Sparta and worse in See also:Rome .... It was tried in See also:England and rejected with the utmost loathing and abhorrence . It is on its trial here and its issue will be civil war, desolation and anarchy .... No honest See also:man but proclaims its See also:fraud, and no brave man but draws his See also:sword against its force,' &c., &c." The defendant was found not guilty . . See also:Continent of See also:Europe.—The -See also:continental codes as a See also:rule are little more definite than English law in their treatment of sedition .

In See also:

Germany a distinction is See also:drawn between Auflauf, the remaining together of a See also:mob after the authorities have thrice bid it disperse, and Aufruhr or Aufstand, an organized resistance to the authorities; but no See also:definition is given of the terms . The Hungarian penal code defines Aufstand to be an armed See also:assembly which has the intention of attacking a class of citizens, a See also:nationality or a religious See also:body . The See also:French penal code recognizes a difference between sedition and See also:reunion seditieuse . If carried out with sufficient See also:numbers and sufficient force sedition becomes See also:rebellion . See also:Section too exempts from the penalties of sedition those who have merely been present at a seditious meeting without taking any active See also:part therein, and have dispersed at the first warning of the military or civil authorities .

End of Article: SEDITION (Lat. se or sed, apart, and ire, to go, a going apart, dissension)
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SIR CHARLES SEDLEY (c. 1639-1701)

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