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. the Meta purpose of That* J. H. late of, &c. being a person of a wicked and de[*48] praved mind and disposition, and not regarding the common Against the duties of morality and decency, but contriving and wickedly proprietor of intending as far as in him lay, to debauch and corrupt the mo-morphic Galrals as well of youth as of divers other liege subjects of our lery for said lord the king; and to raise and create in their minds inor- keeping a dinate and lustful desires, on, &c. &c. and from thence until room for the the day of taking this inquisition, with force and arms at, &c. exhibiting aforesaid, unlawfully, wickedly, and scandalously did keep indecent and maintain a certain room in and parcel of a certain house prints. 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 lord the king, his crown and dignity. And the jurors Second aforesaid, upon their oath aforesaid, do further present, that count for exhibiting the the said James Hitchcock, being a person of a wicked and de- prints genepraved mind and disposition, and not regarding the common rally. duties of morality and decency, 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.] That J. K. late of, &c. not having the fear of God before For buggery (p) This indictment observing the b. which was settled on great advice, notes is similar to that in Co. Ent. 351. 1 East, P. C. 480. see also other pre with a boy, on 25 Hen. VIII. c. 6. (p) his eyes nor regarding the order of nature, but being moved [*49] and seduced by the instigation of the devil, on, &c. with force and arms at, &c. (q) in and upon one T. L. a youth (r) about the age of seventeen years then and there being, feloniously (8) did make an assault, and then and there feloniously, wickedly, diabolically, and against the order of nature had a venereal affair with the said T. L., and then and there carnally knew the said T. L., and then and there feloniously, wickedly, and diabolically, and against the order of nature, with the said T. L. did commit and perpetrate that detestable and abominable (t) crime of buggery (u) (not to be named among Christians), to the great displeasure of Almighty God, to the great scandal of all human kind, against the form of the statute, &c. and against the peace, &c. That R. Wiseman, late of, &c. not having the fear of God before his eyes, nor regarding the order of nature, but being moved and seduced by diabolical instigation on, &c. with force and arms at, &c. in a certain room in the work-house then situate in the parish aforesaid, in and upon one J. M. Spinster, then a virgin of eleven years, in the peace of God and our said lord the king then and there being, did violently and feloniously make an assault, and then and there the said J. M. in the room aforesaid, did wickedly, diabolically, feloniously, and against the order of nature, carnally know and a venereal affair in the fundament of the said J. M. then and there had, and her the said J. M. then and there wickedly, diabolically, feloniously, and against the order of nature, in the said fundament of her the said J. M. then and there did carnally know, and that sodomitical, detestable, and abominable sin called buggery (not to be named among Christians) then and there with the said J. M. wickedly, diabolically, feloniously, and against the order of nature committed and perpetrated, to the great displeasure of Almighty God and disgrace of all human kind, against the peace, &c. and also against the form, &c. cedents Cro. C. C. 8 Ed. 6. West. 80. (g) In Co. Ent. 351. b. it is stated (r) In Co. Ent. 351. b. "male child." (s) In Co. Ent. 351. b. the word feloniously is here omitted. (t) In Co. Ent. 351. " ab hominandum," meaning " inhuman," but now usually called abominable. (u) In Co. Ent. 351. " called buggery." This word is material, Fost. 424. 3 Inst. 59. 1 East, P. C. 480. (x) See this form Cro. C. C. 7th ed. 230. An indictment lies for this offence on this statute, Fortes. R. 91. see notes to last precedent. for bestial That D. P. late of, &c. not having the fear of God before his Indictment eyes nor regarding the order of nature, but being moved and ity, on 25 seduced by the instigation of the devil on, &c. with force and Hen. VIII. c. arms at,* &c. in a certain cowhouse there, with a certain black 6. (y) cow then and there being, feloniously, wickedly, diabolically, [*50] and against the order of nature had a certain venereal and carnal intercourse, and then and there feloniously, wickedly, diabolically, and against the order of nature carnally knew the said cow, and then and there feloniously, wickedly, and diabolically, and against the order of nature with the said cow, (2) did commit and perpetrate that detestable and abominable crime of buggery, (not to be named among Christians) to the great displeasure of Almighty God, to the great scandal of all human kind, against the form of the statute, &c. and against the peace, &c. with an in That A. B. late of, &c. not having the fear of God before his For an aseyes, but being moved and seduced by the instigation of the sault on a boy devil, on, &c. with force and arms at, &c. aforesaid, in and tent to comupon one J. H. (b) in the peace of God and our said lord mit sodomy, the king then and there being, did make an assault (c) with an (a) intent, that most horrid, detestable, and sodomitical crime, (among Christians not to be named) called buggery, with the said J. H. against the order of nature, then and there feloniously, wickedly, and devilishly to commit and do, to the great displeasure of Almighty God, to the great damage of the said J. H., and against the peace of our said lord the king, his crown, and dignity. [Ã count for a common assault may be added.] (d) fendant to That the said C. D. being a person of a most wicked, lewd, For solicitand abandoned mind and disposition, and wholly lost to all ing a person sense of decency, morality, and religion, and devising and in- to permit detending as much as in him lay, to vitiate and corrupt the mo- commit bugrals of the said A. B., and to stir up and excite in his mind gery with filthy, lewd, and unchaste desires and inclinations on the day him. (e) and year aforesaid, at the parish aforesaid, in the county (y) See forms Cro. C. A. 17. Cro. C. C. 8th ed. 86. and the notes to precedent ante 48, 9. (z) In Cro. C. A. 17, the words "with the said cow," are omitted. (a) See forms Cro. C. C. 7 Ed. 167. 8 Ed. 61. if it be apprehended that the two acts to complete the capital offence cannot be proved (see 1 East, P. C. 437, 8, 9. 480) it may then be advisable to indict for the assault as above, and a count may be added like the next precedent. (b) The precedents in Cro. C. C. 7 Ed. 167. and Starkie, 387. here say an infant of the age of 10 years,' but this is unnecessary, and see Cro. (c) The precedents in Cro. C. C. (d) Note to Cro. C. C. 7 Ed. 167. (e) Framed on principle of case in 2 East, 5. two other counts were added for exposing private parts ante 41. [51] aforesaid, did wickedly and unlawfully solicit and* incite, and endeavour to persuade the said A. B. to permit and suffer him the said C. D. then and there feloniously and wickedly to commit and do that detestable and abominable crime (among Christians not to be named) called buggery, with the said A. B. against the order of nature, to the great displeasure of Almighty God, to the great damage of the said A. B. and against the peace, &c. CHAPTER IV. INDICTMENTS, &c. FOR OFFENCES AGAINST the then create dis [COMMENCEMENT* of information as ante 6, and then pro- [*52] ceed as follows:] that before, and at the times of the printing For a libel in and publication of the scandalous, malicious, and defamatory French on libels and libellous matters and things hereinafter next mention- chief consul ed, there subsisted, and now subsists friendship and peace be- of France tween our sovereign lord the king and the French republic, Bonaparte, and the subjects of our said lord the king and the citizens of tending to the said republic, and that before and at those times citizen Na- cord bepoleon Bonaparte was and is yet first consul of the said French tween this republic, and as such the chief magistrate of the same, to wit, country and France. (a) at the parish of Saint Anne, within the liberty of Westmin ster, in the county of Middlesex; and the said attorney general of our said lord the king further giveth the court here to understand and be informed that Jean Peltier, late of Westminster, in the county of Middlesex, gentleman, well knowing the premises aforesaid, but being a malicious and ill disposed person, and unlawfully and maliciously devising and intending to traduce, defame, and vilify the said Napoleon Bonaparte, and to bring him into great hatred and contempt, as well among the liege subjects of our said lord the king as among the citizens of the said republic, and to excite and provoke the citizens of the said republic, by force and* arms, to deprive the [*53] said Napoleon Bonaparte of his consular office and magistracy in the said republic, and to kill and destroy the said N. B.; and also unlawfully and maliciously devising as much as in him the said Jean Peltier lay, to interrupt, disturb, and destroy the (a) Information against Peltier, filed Mich. T. 43 Geo. III. The libel must be set forth in the foreign lanCrim. Law. guage, and then translated, 6 T. R. VOL. II. G |