Origin of sedition
The crime of sedition is purely an English creation . Prior to the 17th Century, the offence of seditious libel emerged as an offence in the Court of Star Chamber. In De Libellis Famouis, the defendant was prosecuted for defaming the deceased Archbishop of Canterbury.
The court held that the basis of criminal libel was that it incited breach of peace. The truth or falsity of the statements did not provide a defense. At the time of the decision, the monarchy was under threat from rising parliamentarians.
The advent of the printing press at that time created the need to control the expression of ideas that were critical of the Church and the State.
Thus, the offence of sedition came into being during a period when the divine right of rulers was not only accepted but believed to be necessary; when rulers who dispensed laws were largely above question and criticism; and when criticism of rulers was considered sinful as well as unlawful. The Star Chambers was abolished in 1641 and sedition then began to develop in the common law courts.
The crime of sedition is purely an English creation . Prior to the 17th Century, the offence of seditious libel emerged as an offence in the Court of Star Chamber. In De Libellis Famouis, the defendant was prosecuted for defaming the deceased Archbishop of Canterbury.
The court held that the basis of criminal libel was that it incited breach of peace. The truth or falsity of the statements did not provide a defense. At the time of the decision, the monarchy was under threat from rising parliamentarians.
The advent of the printing press at that time created the need to control the expression of ideas that were critical of the Church and the State.
Thus, the offence of sedition came into being during a period when the divine right of rulers was not only accepted but believed to be necessary; when rulers who dispensed laws were largely above question and criticism; and when criticism of rulers was considered sinful as well as unlawful. The Star Chambers was abolished in 1641 and sedition then began to develop in the common law courts.
