6. The crime of sedition consists in the raising commo tiohs or disturbances in the state. It is either verbal or real. Verbal sedition, or leasing-making, is inferred from the uttering of words tending to create discord between the king and his people. It was formerly punished by death and the forfeiture of goods, but now either by im prisonment, fine, or banishment, at the discretion of the judge. Real sedition is generally committed by convo eating together any considerable number of people without lawful authority, under the pretence of redressing some public grievance, to the disturbing of the public peace. "[hose who are convicted of this crime are punished by the confiscation of their goods ; and their lives are to be at the king's will. For preventing rebellious riots and tumults, it is enacted, 1 Geo. I. st. 2. r.. 5, that if any persons to the number of twelve shall assemble, and being required by a magistrate or constable to disperse, shall nevertheless con tinue together for an hour after such command, the per sons disobeying shall suffer death, and the confiscation of moveables.
7. Judges who, wilfully or through corruption, use their authority as a cover to injustice or oppression, 4re punished with the loss of honour, tame, and dignity, 1540, c. 104. Under this head may be classed thrft-bote, (from bate, compensation) which is the taking a consideration in money or goods front a thief to exempt him from punishment, or connive at his escape from justice. A sheriff or other judge, guilty of this crime, forfeits his life and goods, 1436, c. 137. And by a posterior statute, 1515, c. 2, even a pri-; vote person who takes theft-bote suffers as the principal thief. The buying of disputed claims, concerning which there is a pending process, by any judge or member, either of the session or of an inferior court, is punished by the loss of tne delinquent's office, and all the privileges thereto belonging. 1594, c. 216.
8. Deforcement is the opposition given, or resistance made, to messengers or other officers, while they are em ployed in executing the law, and is punishable with the confiscation of moveables. Deforcement of the officers of the customs, by persons to the number of eight or up wards, was punished by transportation to America, for a term of years not exceeding seven, 6 Geo. I. c. 21. 34. But now, by 19 Geo. II. c. 34, armed persons to the num ber of three or more, assisting in the illegal running, land ing, and exporting of prohibited or uncustomed goods, or any who shall resist, wound, or main any officer of the re venue in the execution of his office, shall suffer death, and the confiscation of moveables.
9. Breach of arrestment a crime of the same nature with deforcement, as it imports a contempt of the law and of the judges ; and it is subjected to the pains inflicted on deforcemcnt, by 1581, c. 118, viz. an arbitrary corporal
punishment, and the escheat of moveables, with a prefer ence to the creditor for his debt, and for such farther sum as shall be modified to him by the judge.-Under this head of crimes against good government and police, may be reek ()tied the forestalling of markets; that is, the buying of goods intended for a public market before they are carried there, which, for the third criminal act, infers the escheat of moveables, 1592, c. 148 ; slaying salmon in forbidden time, 1503, c. 27 ; offences against the acts for preserving the game ; destroy ing plough•graith in time of tillage, and slaying or houghing horses or cows in time of harvest, 1587, c. 82 ; and destroying or spoiling growing timber, 1698, c. 16.-1 Geo. I. st. 2, c. 48.
10. Crimes against particular persons may be directed, either against life, limb, liberty, chastity, goods, or reputa tion. Murder is the wilful taking away of a person's life without a necessary cause. The distinction which obtained in our ancient law between slaughter premeditated, or upon forethought felony. and that which was committed on a suddcnty, or chaud mella, indulging to the last the privilege of girth and sanctuary, st. Rob. II. c. 9 -1555, c. 31, was taken off by 1661, c. 22, (copied after 1649, c. 19.) which supposes homicide to be a capital crime, without any such distinction. Casual homicide, where the actor is in some degree blameable, and homicide in self-defence, where the just bounds of defence have been exceeded, are punished arbitrarily by this act ; but the slaughter of night thieves, house-breakers, assistants in masterful depredations, or bels denounced for capital crimes, may be committed a i impunity. The crime of demembration, or the cutting oft a member, is joined with that of murder, in 1491, c. 28 ; but in practice, its punishment has been restricted to the escheat of moveables. and an assythment or indemnifi cation to the party. Mutilation, or the disabling of a mem ber, is punished at the discretion of the judge.
11. Self-murder is as highly criminal as the killing our neighbour ; and for this reason, our law has, contrary to the rule crimina morte extinguuvtur, allowed a proof of the crime after the offender's death, that his single escheat might fall to the king or his donatory. To this end an ac tion must be brought, not before the justiciary, hut the ses sion, because it is only intended ad civilem effectum, for prov ing and declaring the sell-murder ; and the next of kin to the deceased must be made a party to it.