and postures, and in which said lastmentioned libel are also contained amongst other things divers wicked, false, feigned, lewd, impious, impure, gross, bawdy, and obscene matters, that is to say, in one part thereof, according to the tenor following, viz. [here state libellous words] and in another part of the said last mentioned libel, according to the tenor following [here state other libellous matter] to the high displeasure, &c. [conclusion as in second count from the asterisk. There was a fourth count for another liFifth count. bel.] And the jurors, &c. that the said defendant being such person as aforesaid, and most unlawfully, wickedly, and impiously devising, contriving, and intending as aforesaid, the sooner to accomplish, perfect, and bring to effect his said most unlawful and wicked purposes, afterwards, to wit, on, &c. with force and arms at, &c. a certain other wicked, nasty, filthy, bawdy, and obscene libel, entitled, "The Voluptuarian Museum," did unlawfully, wickedly, and impiously publish and did cause and procure to be published, in which said libel last abovementioned, are most unlawfully, wickedly, and impudently represented, described, and exhibited several lewd, gross, nasty, filthy, and obscene figures of men and women as well in the act of carnal copulation, as in other most lewd, indecent, and unseemly postures and attitudes, not fit or proper to be seen, named, or mentioned in any language or in any nation professing the Christian religion; to the high, &c. [Conclude as in second count from the asterisk.]

Sixth count.

bel and inde

[As in 3d count to the asterisk.] "Memoirs of a Woman of Pleasure," in which said last-mentioned libel are contained amongst other things, divers wicked, false, feigned, lewd, impious, impure, bawdy, and obscene prints, representing and exhibiting men and women, with their private parts in most indecent postures and attitudes, and representing and exhibiting men and women in the act of carnal copulation in various attitudes and postures. And in which said lastmentioned libel are contained amongst other things, divers wicked, false, feigned, lewd, impious, impure, gross, bawdy and obscene matters, that is to say in one part thereof, according to the tenor following, viz. [here state libellous matter, and conclude as in second count from the asterisk. Two other counts like 2nd and 5th on a different libel.]

For publishing That Elizabeth Powell, late of, &c. being a person of a wicked an obscene li and depraved mind and disposition, and most unlawfully, wickedly, cent prints. () and impiously devising, contriving, and intending to vitiate and corrupt the morals of all the subjects of our said present sover

(1) Defendant confessed the indictment which was settled by an

eminent crown lawyer.

eign lord the king; and to debauch, poison, and infect the minds of all the youth of this kingdom, and to bring them into a state of wickedness, lewdness, debauchery and impiety, on, &c. with force and arms, at, &c. did unlawfully, wickedly, and impiously publish and sell, and cause and procure to be published and sold, a certain wicked, nasty, filthy, bawdy, impious, and obscene libel, entitled, "The History of Don B***" in which said libel are contained amongst other things, divers wicked, false, feigned, lewd, impious, impure, gross, bawdy, and obscene matters, that is to say in one part thereof, according to the tenor following, viz. [here set out libel] And in another part thereof, (m) according to the tenor following, viz. [here state the other libellous part] to the high displeasure of Almighty God, to the scandal and reproach of the Christian religion, in contempt of our said lord the king, and his laws, and to the great offence of all civil governments, to the evil and pernicious example of all others in the like case offending and against the peace of our said lord the king, his crown and dignity. And the jurors aforesaid, upon their oath aforesaid, further pre- Second count. sent that the said Elizabeth Powell being such person as aforesaid, and most unlawfully, wickedly, and impiously contriving, and intending as aforesaid, the sooner to accomplish, perfect, and bring to effect her said most unlawful, wicked, and impious purposes, afterwards, to wit, on, &c. with force and arms, at, &c. aforesaid, a certain other wicked, nasty, filthy, bawdy, impious and obscene libel, did unlawfully, wickedly, and impiously publish and sell, and did cause and procure to be published and sold, in which said libel last above mentioned are contained amongst other things divers wicked, false, feigned, impious, impure, bawdy and obscene matters, wherein are represented the most gross and filthy scenes of lewdness and obscenity, and in terms and expressions not fit or proper to be named or mentioned in any language or in any court of justice, and most manifestly tending to scandalize and debase human nature, and to destroy and totally subvert all principles and notions of modesty, decency, and virtue, which are so proper and necessary to be kept up and preserved in all civil societies, by the publishing of which said last mentioned libel, she the said Elizabeth Powell hath most unlawfully, wickedly, and impiously attempted, and as much as in her lay, endeavoured to spoil and corrupt, the morals of all the subjects of our said lord the king, and to debauch, poison, and infect the minds of all the youth of the United kingdom, and to bring them into a state of wickedness and lewdness; to the high, &c. [Conclusion as first count.] And Third count.

(m) 1 Campb. 352. ante 42. n. i,

the jurors aforesaid, upon their oath aforesaid, further present, that the said E. P. being such person as aforesaid, and most unlawfully, wickedly, and impiously devising, contriving and intending as aforesaid, and the sooner to accomplish, perfect, and bring to effect her said most unlawful and wicked purposes, afterwards, that is to say, on, &c. aforesaid, with force and arms at, &c. aforesaid, did unlawfully, wickedly, and impiously publish and sell, and cause and procure to be published and sold, a certain other wicked, nasty, filthy, bawdy, impious and obscene libel, entitled "The History of Don B***," in which said last mentioned libel are contained amongst other things divers wicked, false, feigned, lewd, impious, impure, unnatural, bawdy, and obscene prints, representing and exhibiting men and women with their private parts, in most indecent postures and attitudes, and representing and exhibiting men and women in the act of carnal copulation, in various attitudes and postures, and also representing and exhibiting men in the act of committing the detestable Fourth count. crime of sodomy. [Conclusion as in first count.] And the jurors aforesaid, upon their oath aforesaid, further present, that the said Elizabeth Powell, being such person as aforesaid, and most unlawfully, wickedly, and impiously contriving, and intending as aforesaid, afterwards, to wit, on, &c. with force and arms at, &c. aforesaid, a certain other wicked, nasty, filthy, bawdy, impious, and obscene libel, did unlawfully, wickedly, and impiously sell and cause and procure to be sold, in which last mentioned libel are contained amongst other things, divers wicked, false, feigned, lewd, impious, impure, gross, bawdy, and obscene matters, in substance and to the effect following, that is to say, [here set out the libel.] To the great displeasure of Almighty God, &c.

1

For exposing

to sale an ob

That G. A. late of London, bookseller, being a scandalous and scene print. (») evil disposed person, and devising, contriving, and intending the morals as well of youth, as of divers other liege subjects of our said lord the king, to debauch and corrupt, and to raise and create in their minds inordinate and lustful desires, and the clergy of this kingdom to bring into great contempt, hatred, scandal, infamy, and disgrace, on, &c. in a certain open and public shop of him the said G. A. there situate, unlawfully, wickedly, maliciously, and scandalously did sell and utter to one I. A. a liege subject of our said lord the king, a certain lewd, wicked, scandalous, infamous, and obscene print on paper, intituled, The parson receiving tythes

(n) See form Cro. C. C. 8 Ed. 260. Cro. C. A. 484. This is an offence at common law, punish

able as a libel by information or indictment, 2 Stra. 789. 1 Barn. K. B. 29.

in kind," representing a man in the habit of a clergyman in an obscene, impudent, and indecent posture with a woman, and which said lewd, wicked, scandalous, infamous, and obscene print on paper, is contained in a certain printed pamphlet then and there uttered and sold by him the said G. A. to the said I. A., intituled, "The Covent Garden Magazine or Amorous Repository, calculated solely for the entertainment of the polite world for April 1773," to the manifest corruption and subversion of youth and other liege subjects of our said lord the king in their manners and conversation, to the great scandal, infamy, and disgrace of all the clergy of this kingdom, in contempt of our said lord the king and his laws, to the evil, &c. and against the peace, &c.

(0)

That John Turner late of, &c. being a person of a most wicked, The like in lewd, lascivious, depraved, and abandoned mind, and disposition, another form. and wholly lost to all sense of decency, chastity, morality, and religion; and being minded and intending as much as in him lay to corrupt the morals of his majesty's liege subjects, and to stir up and excite in their minds filthy, lewd, and unchaste desires, and inclinations, on, &c. and on divers other days and times between that day and the day of taking this inquisition, with force and arms at, &c. aforesaid, unlawfully, wickedly, deliberately, and advisedly did publish, expose, and shew to the sight and view of many of the liege subjects of our said lord the king, divers, to wit, six obscene, filthy, and indecent prints, representing men and women in attitudes, situations, and practices of great and scandalous obscepty, lewdness, and indecency, to the great scandal and subversion of religion and good order, to the great corruption of the morals and manners of his majesty's liege subjects, to the evil example, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said [defend- Second count. ant] being a person of such wicked, depraved, and abandoned mind, and disposition as aforesaid, and intending as aforesaid, afterwards, to wit, on, &c. [another day,] with force and arms at, &c. aforesaid, unlawfully, wickedly, deliberately, and advisedly did utter and publish divers, to wit, six other obscene, filthy, and indecent prints, representing men and women in attitudes, situations, and practices of great and scandalous obscenity, lewdness, and indecency, to the great scandal and subversion of religion and good order, to the great corruption, &c. to the evil example, &c. and against the peace, &c.

1806, and defendant was convict

(0) This indictment was preferred at Middlesex sessions, A. D. ed,

Against the That J. H. late of, &c. being a person of a wicked and depraved proprietor of the Metamor. mind and disposition, and not regarding the common duties of moraphic Gallery lity and decency, but contriving and wickedly intending as far as in for keeping a room for the him lay, to debauch and corrupt the morals as well of youth as of purpose of ex- divers other liege subjects of our said lord the king; and to raise and hibiting indecent prints. create in their minds inordinate and lustful desires, on, &c. &c. and from thence until the day of taking this inquisition, with force and arms at, &c. aforesaid, unlawfully, wickedly, and scandalously did keep and maintain a certain room in and parcel of a certain house there situate, for the purpose of exhibiting and exposing to the sight and view of any person or persons willing and desirous of seeing the same, and paying for their admission into the said room, divers lewd, wicked, scandalous, infamous, bawdy, and obscene prints; and in the said room, on the said, &c. and on divers other days and times between that day and the day of taking this inquisition, with force and arms at, &c. aforesaid, unlawfully, wickedly, and scandalously for lucre and gain did exhibit and expose the said prints, and cause the same to be exhibited and exposed to the sight and view of divers and very many liege subjects of our said lord the king in contempt of our said lord the king and his laws, in violation of common decency and morality, to the great corruption of youth and increase of lewdness, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Second count lord the king, his crown and dignity. And the jurors aforesaid, for exhibiting the prints ge- upon their oath aforesaid, do further present, that the said James Hitchcock, being a person of a wicked and depraved mind and disposition, and not regarding the common duties of morality and deceney, but contriving and wickedly intending as aforesaid, on the said, &c. and on divers other days, &c. with force and arms at &c. aforesaid, did unlawfully, wickedly, and scandalously exhibit and publish, and cause to be exhibited and published for lucre and gain, in a certain room in and parcel of a certain house there situate, to and in the view of divers and very many liege subjects of our said lord the king, divers wicked, scandalous, bawdy, and obscene prints, in contempt of our said lord the king and his laws, in violation of common decency, &c. &c. [as in the first.]

nerally.

For buggery That J. K. late of, &c. not having the fear of God before his with a boy, on 25 Hen. VIII. eyes nor regarding the order of nature, but being moved and c. 6. (P)

(p) This indictment observing the notes is similar to that in Co. Ent. 351. b. which was settled on great advice, 1 East. P. C. 480. see also other precedents Cro. C. C. 8 Ed. 6. West. 80. Cro. C. C. 7 Ed.

230. Cro. C. A. 17. This offence is felony without clergy by 25 Hen. VIII. c. 6. 5 Eliz. c. 17. 3 & 4 W. & M. c. 9. s. 2. As to the decisions see 1 East. P. C. 480. 437. Bac. Ab. Sodomy. Hawk.