among civilians, is used for a fractious commotion of the people, or an assembly of a number of citizens without lawful authority, tending to disturb the peace and order of society. This offence is of different kinds. Some seditions more immediately threaten the supreme power, and the subversion of the present constitution of the state; others tend only towards the redress of private grievances. Among the Romans, therefore, it was variously punished, according as its end and tendency threatened greater mischief. (See lib. i. Cod. de Seditiosis, and Mat. de Crimin. lib. ii. n. 5, De Lexia Majestate.) In the punishment, the authors and ring-leaders were justly distinguished from those who, with less wicked intention, joined and made part of the multitude.

The same distinction holds in the law of England and in that of Scotland. Some kinds of sedition in England amount to high treason, and come within the statute 25 Edward III. as levying war against the king. And several seditions are mentioned in the Scotch acts of parliament as treasonable (Bayne's Crim. Law of Scotland, p. 33, 34). The law of Scotland makes riotous and tumultuous assemblies a species of sedition. But the law there, as well as in England, is now chiefly regulated by the Riot Act, made 1 Geo. I.; only it is to be observed, that the proper officers in Scotland to make the proclamation thereby enacted are sheriffs, stewards, and bailies of regalities, or their deputies; magistrates of royal burghs, and all other inferior judges and magistrates; high and petty constables or other officers of the peace, in any county, stewartry, city, or town. In that part of the island, the punishment of the offence is anything short of death which the judges, in their discretion, may appoint.