Against the pro Gallery for 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 J. H. late of, &c. being a person of a wicked and deprav ed mind and disposition, and not regarding the common duties of prietor of the Meta- morality and decency, but contriving and wickedly intending, as morphic far as in him lay, to debauch and corrupt the morals as well of keeping a youth as of divers other liege subjects of our said lord the king; and to raise and create in their minds inordinate and lustful dethe purpose of ex- sires, on, &c. &c. and from thence until the day of taking this inhibiting indecent quisition, with force and arms at, &c. aforesaid, unlawfully, wick room for prints. edly, 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 Second said lord the king, his crown and dignity. And the jurors aforeexhibiting said, upon their oath aforesaid, do further present, that the said the prints James Hitchcock, being a person of a wicked and depraved mind generally. and disposition, and not regarding the common duties of morality count for 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, scandal ous, 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 his For bugeyes, nor regarding the order of nature, but being moved and gery with a boy, on *seduced by the instigation of the devil, on, &c. with force and 25 Hen. VIII. c. 6. arms at, &c. () in and upon one T. L. a youth (7) about the age (0) of seventeen years, then and their being, feloniously (r) did make [*49] 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 (s) 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. (u) That R. Wiseman, late of, &c. not having the fear of God be- For sodofore his eyes, nor regarding the order of nature, but being mov- my in ano of a girl, ed and seduced by diabolical instigation, on, &c. with force and on 25 Hen. VIII. c. 6. 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 (2) 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. 5 Eliz. c. 17. 3 and 4 W. and M. c. 9. s. 2. As to the decisions see 1 East. P. C. 480. 437. Bac. Ab. Sodomy. Hawk. b. 1. c. 4. 1 Hale, 669, 670. Com. Dig. Justices S. 4. c. 6. (p) In Co. Ent. 351. b. it is stated to have been committed "to wit, in VOL. II. the dwelling house of one (9) In Co. Ent. 351. b. "male (r) In Co. Ent. 351. b. the word feloniously is here omitted. (s) In Co. Ent. 351. " ab hominandum," meaning “inhuman," but now usually called abominable. (t) In Co. Ent. 351, "called buggery." This word is material, Fost. 424. 3 Inst. 59. 1 East. P. C. 480. (u) 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. D Indictment for VIII. c. 6. 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 againt 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. That D. P. late of, &c. not having the fear of God before his bestiality, eyes, nor regarding the order of nature, but being moved and on 25 Hen. seduced by the instigation of the devil, on, &c. with force and (x) arms at, &c. in a certain cowhouse there, with a certain black [50] cow then and there being, feloniously, wickedly, diabolically, 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, (y) 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. For an assault on a That A. B. late of, &c. not having the fear of God before his boy with cycs, but being moved and seduced by the instigation of the deyil, on, &c. with force and arms at, &c. aforesaid, in and upon one J. H. (a) in the peace of God and our said lord the king, then and an intent to commit (x) See forms Cro. C. A. 17. Cro. C. C. 8th ed. 86. and the notes to precedent, ante. 48, 9. (3) In Cro. C. A. 17. the words "with the said cow," are omitted. (z) 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. (a) 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. C. 8 Ed. 61. there being, did make an assault, (b) with an 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. [A count for a common assault may be added.] (c) fendant to buggery with him. That the said C. D. being a person of a most wicked, lewd, For soliciting a and abandoned mind and disposition, and wholly lost to all sense person to of decency, morality, and religion, and devising and intending as permit demuch as in him lay, to vitiate and corrupt the morals of the said commit A. B., and to stir up and excite in his mind filthy, lewd, and unchaste desires and inclinations, on the day and year aforesaid, at (d) the parish aforesaid, in the county aforesaid, did wickedly and unlawfully solicit and incite, and endeavour to persuade the said [*51] 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. 4 a man in an inde. [That A. B. late of the same city, yeoman, C. D. late of the [For exhi biting an same city, yeoman, E. F. late of the same city, yeoman, G. H. obscene late of the same city, yeoman, I. K. late of the same city, yeo- painting of man, and L. M. also of the same city, yeoman, being evil disposed persons, and devising, contriving, and intending the morals, cent pos ture.] as well of youth, as of divers other citizens of the Commonwealth, to debauch and corrupt, and to raise and create in their minds inordinate and lustful desires, on the first day of March, in the year one thousand eight hundred and fifteen, at the city of Phila (b) The precedents in Cro. C. C. 7 Ed. 167. Starkie, 387. here state "and him the said J. H. then and there did beat, wound, and illtreat, so that his life was greatly despair ed of," but these words are not in Cro. C. C. S Ed. 61, and seem bet ter omitted when they do not accord (c) Note to Cro. C. C. 7 Ed, 167. delphia, aforesaid, and within the jurisdiction of this court, in a certain house there situate, unlawfully, wickedly, and scandalously did exhibit and shew for money, to persons to the inquest aforesaid unknown, a certain lewd, wicked, scandalous, infamous, and obscene painting, representing a man in an obscene, impudent, and indecent posture with a woman, to the manifest corruption and subversion of youth, and of other citizens of this Commonwealth, to the evil example of all others in like case offending, and against the peace and dignity of the Commonwealth of Pennsylvania.] (1) [*52] *CHAPTER IV. INDICTMENTS, &c. FOR OFFENCES AGAINST LAW For a libel in French, [COMMENCEMENT of information as ante, 6, and then proceed as follows:] that before, and at the times of the printthen chief ing and publication of the scandalous, malicious, and defamatory on the consul of Bona parte, France, libels and libellous matters and things hereinafter next mentioned, there subsisted, and now subsists friendship and peace between tending to our sovereign lord the king and the French republic, and the subcreate dis- jects of our said lord the king, and the citizens of the said retween this public, and that before and at those times citizen Napoleon Bocountry and naparte was and is yet first consul of the said French republic, France.(a) and as such the chief magistrate of the same, to wit, at the parish cord be. of Saint Anne, within the liberty of Westminster, 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 Mid (1) [This indictment was found in the Mayor's court of the city of Philadelphia, and removed by certiorari to the Supreme court, where the defendants were convicted. A motion for arrest of judgment was made, and the verdict was affirmed.] (a) Information against Peltier, filed Mich. T. 43 Geo. III. The libel must be set forth in the foreign language, and then translated, 6 T. R. 162. but as to the translation, see 1 Saund. 242. a. note 2. |