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Odger's English Common Law

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Chapter II.<br />

SEDITIOK.<br />

Sedition is a crime closely akin to, but falling short of,<br />

high treason. It is sedition to attempt by word, deed or<br />

writing to bring the Sovereign, his ministers, officers or<br />

judges into hatred or contempt, to stir up discontent and dis-<br />

affection among his subjects, to attempt or to excite others<br />

to attempt to subvert the Constitution, or to disturb the peace<br />

and order of the realm, or, in the language of the Criminal<br />

Libel Act of 1820, 1 to compose, print or publish any words<br />

" tending to bring into hatred or contempt the person of His<br />

Majesty, his heirs or successors, or the Kegent, or the Government<br />

and Constitution of the United Kingdom as by law<br />

established, or either House of Parliament, or to excite His<br />

Majesty's subjects to attempt the alteration of any matter in<br />

Church or State as by law established, otherwise than by<br />

lawful means."<br />

To do any such act or to publish any such words by speech<br />

or writing is a high misdemeanour, for which either an<br />

information or an indictment will lie ; and the offender may<br />

be sentenced to a term of imprisonment of any length, 2 or to<br />

a fine of any amount, or both ;<br />

or in less serious cases he may<br />

be required to find sureties for his good behaviour. 3<br />

If two or<br />

more agree together to do any such act or to publish any<br />

such words, each is guilty of a seditious conspiracy. No<br />

act, however, will be seditious unless its evil consequences<br />

are felt over a considerable area or afford a bad example to a<br />

considerable number of persons. An isolated breach of the<br />

peace is not an act of sedition.<br />

1<br />

2<br />

60 Geo. III. & 1 Geo. IV. c. 8, e. 1.<br />

Such imprisonment, however, must be in the first division (40 & 41 Vict. o. 21,<br />

b. 40).<br />

3 Ex parte Seymour and Michael Davitt (1883), 12 L. B. Ir. 46 ; IB Cox, 212.

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