shall not be drawn, but shall be taken in such manner as in the said warrant shall be expressed, to the place of execution, and that such person shall not be there hanged by the neck, but that, instead thereof, the head shall be there severed from the body of such person whilst alive, and in such warrant may direct and order how and in what manner the body, head, and quarters of such person shall be disposed of; and it shall be lawful for the sheriff, or other person or persons to whom such warrant shall be addressed, and whom it shall concern, to carry the same into execution accordingly.

Erskine, IV. 4. 20.-Hume's Commentaries, I. 524, and 552.

SEDITION.

Sedition is so frequently the beginning of treason, and resembles the higher offence so much in its character and tendency, that the present title seems the fittest place for noticing the statutes on the subject.

Under sedition are comprehended all those practices, whether by deed, word, or writing, or of whatsoever kind, which are suited and intended to disturb the tranquillity of the state, for the purpose of producing public trouble or commotion, and moving his Majesty's subjects to the dislike, resistance, or subversion, of the established government and laws, or settled frame and order of things.

The statute 37. of Geo. III. cap. 123, was passed more effectually to prevent the establishment of seditious societies, or the administering of unlawful oaths or engagements towards any mutinous or seditious object.

By the statute 52. of Geo. III. cap. 104, it is made felony, and punishable with death without benefit of clergy, to administer any oath or engagement, purporting or intending to bind the person taking the same to commit any treason or murder, or any felony punishable by law with death. To take such oath or engagement, not being compelled thereto, subjects the person to transportation for life, or for such term of years as the court shall adjudge.

The statute 39. of Geo. III. cap. 79, " for the more "effectual suppression of societies established for se"ditious and treasonable purposes, and for better pre"venting treasonable and seditious practices," is directed against the Societies of United Englishmen, United Scotsmen, United Irishmen, United Britons, The London Corresponding Society, and all other corresponding societies, as being unlawful combinations against the government of the king, and the peace and security of his subjects. All societies are also declared unlawful, whereof the members take any of the oaths prohibited by the statute 37. of Geo. III, cap. 123, or any oath or test not authorised by law; or which have any members, committees, &c. not known to the society at large, or which act in separate branches, or wherein the names of all the members are not entered in regular books. The members of such societies are declared to be guilty of unlawful combination, are liable to be proceeded against summarily, before one justice of peace, and, if convicted by the oath of one witness, may be committed to gaol or correction-house for three months, or fined in twenty pounds, as the justice shall see cause.

Offenders may also be tried before the high court, or circuit courts of justiciary, by indictment, and, upon conviction, may be transported for seven years, or imprisoned for two. All lodges of freemasons are excepted from the act. It was revived by 41. of Geo. III. cap. 30; and explained and amended, so far as relates to printers and publishers, by 51. of Geo. III. cap. 65.

The statutes 57. of Geo. III. cap. 19, and 60. of Geo. III. cap. 6, "for more effectually preventing se"ditious meetings and assemblies," appear to be temporary enactments.

The statute 6. of Geo. IV. cap. 47, " for restricting "the punishment of leasing-making, sedition, and blasphemy, in Scotland," is in the following terms:

66

66

"I. Whereas it is expedient that the punishment of the "crimes of leasing-making, sedition and blasphemy, as "known in the law of Scotland, should be restricted; and "that these crimes should be punished in the same manner as such crimes would be punished if committed in “England;" Be it therefore enacted, &c. That if any person shall henceforth be convicted of any of the aforesaid crimes, such person shall be liable to be punished only by fine or imprisonment, or both, at the discretion of the court before which such person shall be tried.

II. And be it enacted, That if any person after being so convicted shall offend a second time, and be thereof lawfully convicted, such person may, on such second conviction, be adjudged, at the discretion of the court, either to suffer the punishment of fine or imprisonment, or both, or to be banished from the united kingdom, and all other parts of his Majesty's dominions, for such term of years as the court in which such conviction shall take place shall order.

III. And be it further enacted, That in case such person

so adjudged to be banished as aforesaid, shall not depart from the united kingdom within thirty days after the pronouncing of such sentence as aforesaid, for the purpose of going into such banishment as aforesaid, it shall and may be lawful to and for his Majesty to convey such person to such parts out of the dominions of his said Majesty, as his said Majesty, by the advice of of his privy council, may di

rect.

IV. And be it enacted, That if any offender, who shall be so sentenced to be banished in manner aforesaid, shall, after the end of forty days from the time such sentence has been pronounced, be at large within any part of the united kingdom, or any other part of his Majesty's dominions, without some lawful cause, before the expiration of the term for which such offender shall have been so adjudged to be banished as aforesaid, every such offender being so at large as aforesaid, being thereof lawfully convicted, shall be transported to such place as shall be appointed by his Majesty, for any term not exceeding fourteen years.

V. And be it enacted, That so much of an act passed in the thirty-ninth year of the reign of his Majesty King George the Third, intituled, An act to extend the bail to be given in cases of criminal information, as authorises the Court of Justiciary to extend the bail beyond the sums specified in that act, in all cases where any person shall in future be imprisoned on a charge of being guilty of the crime of sedition, shall be, and the same is hereby repealed.

Erskine, IV. 4. 29.-Hume's Commentaries, I. 544.

TURNPIKE. See HIGHWAYS.

USURY.

By this term is meant the taking or stipulating a higher rate of interest for money lent than is allowed by law. The statutory penalties are incurred by any bargain or device whereby more than legal interest is agreed to be paid, although no usurious profit should have been received when the transaction is challenged.

Formerly the rate of interest was fixed by one statute, and the description and punishment of usury, (which is just a violation of such statute,) by another. Both of these objects are now provided for by the same statute. The following acts regulated the rate of legal interest in former times:

By the act 1587, cap. 52, it was fixed at 10 per cent.

The penalties of usury formed the subject of several statutes, of which the following are the most important.

By the act 1594, cap. 222, the borrower was to be discharged of his debt, if he revealed the usury; if another person revealed it, the claim of debt was to accrue to the informer.

By the act 1597, cap. 247, the penalty was a confiscation of the sum and ordinary interest in all cases to the King, along with restitution of the usurious profits to the debtor, if he concurred in the prosecution.