Second Count. (k) [*43] bauchery, and brutality, on, &c. with force and arms, at, &c. did unlawfully, wickedly, and impiously publish, and cause and procure to be published, a certain wicked, nasty, filthy, bawdy, and obscene libel, entitled, "The Frisky Songster," 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 state the words,] and in another part thereof, (i) according to the tenor following, viz. [here state the words.] To the high displeasure of Almighty God, to the scandal and reproach of the Christian religion, in contempt of our said present sovereign 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, &c. do further present that the said 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. aforesaid, a certain other wicked, nasty, filthy, bawdy, and obscene libel, entitled, "The Frisky Songster,' did unlawfully, wickedly, and impiously sell and publish, and did cause and procure to be sold and published, in which said. libel last abovementioned, 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 to deface all those fundamental 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 libel last abovementioned, he the said defendant hath most unlawfully, wickedly, and impiously attempted, and as much as in him lay endeavoured to spoil and corrupt the morals of all the subjects of our said present sovereign 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, and brutality to the high displeasure of Almighty God, to the scandal and reproach of the Christian religion; in contempt of our said present sovereign lord the king, and his laws, to the great offence of all civil governments, to the evil and per (i) This mode of stating a separate part is necessary, 1 Campb. 352, (E) Quere if this count be sustainable. -- [*44] nicious 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, do Third Count. further present, that the said being such person as aforesaid, most unlawfully, wickedly, and impiously devising, contriving, and intending as aforesaid, and the sooner to accomplish, perfect, and bring to effect his said most unlawful and wicked purposes, afterwards, that is to say, upon, &c. with force and arms, at, &c. did unlawfully, wickedly, and impiously sell and publish, and cause and procure to be sold and published, a certain other wicked, nasty, filthy, bawdy, and obscene libel, entitled "The Voluptuarian Museum," 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 men and women in the act of carnal copulation in various attitudes and* postures, and in which said last-mentioned 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 libel.] And the jurors, &c. that the said defendant being Fifth Count. 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.] [As in third count to the asterisk.] "Memoirs of a Wo- Sixth Count man 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 copu Crim. Law. For publishing an obscene libel and indecent prints. ( Second count. lation in various attitudes and postures. And in which said last-mentioned 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 second and fifth on a different libel.] That Elizabeth Powell, late of, &c. being a person of a wicked and depraved mind and disposition, and most unlawfully, wickedly, and impiously devising, contriving, and intending to vitiate and corrupt the morals of all the subjects of our said present sovereign* 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 present 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 (1) Defendant confessed the indictment which was settled by an eminent crown lawyer. (m) 1 Campb. 352. ante 42. n. i. 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. the jurors aforesaid, upon their oath aforesaid, further present, [*46] 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 pubམམས lished 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 crime of sodomy. [Conclusion as in first count.] And the jurors afore- Fourth said, upon their oath aforesaid, further present, that the said count. 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. That G. A. late of London, bookseller, being a scandalous Forexposing and evil disposed person, and devising, contriving, and in- to sale an ob tending the morals as well of youth, as of divers other liege (n) subjects of our said lord the king, to debauch and corrupt, and scene print. (n) See form Cro. C. C. 8 Ed. 260. Cro. C. A. 484. This is an offence at common law, punishable as a libel by information or indictment, 2 Stra, 789. [*47] The like in another form. (0) Second count. 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 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. That John Turner late of, &c. being a person of a most wicked, lewd, lascivious, depraved, and abandoned mind, and disposition, 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 obscenity, 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 [defendant] 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, (2) This indictment was preferred defendant was convicted. at Middlesex sessions, A. D. 1806, and |