Early Modern Notes

I think this opening speech by the prosecution lawyer deserves to be quoted at length. Besides, it’s Saturday and I’m feeling lazy. I reckon it’s about time you lot did some work.

JOHN OLIVIER was indicted, for that he, on the 9th of April last, unlawfully, wickedly and maliciously did cause to be written a certain defamatory libel, concerning one Grace Timmins.

(The ladies were desired to withdraw.)

The case was opened by Mr. Garrow, as follows:-

May it please your Lordship, Gentlemen of the Jury, you have collected from the officer, and from my learned friend who opened the indictment, that the defendant, who is now charged before you to enquire of his guilt, has it imputed to him, that he has written and published an infamous and obscene libel: the defendant stands near you, and, gentlemen, if you have been in the habit of attending Courts of Criminal Jurisdiction, you will find there are some circumstances in this, which do not belong to ordinary trials at this place; and therefore, we have been under the necessity, in order to preserve any, the least, attention to delicacy and decorum, to desire the female sex may retire; and we have been under the necessity of desiring that the offence may not be stated even among men in the terms of this libel; we have done this, because a more infamous, a more disgraceful collection of obscene words never met together in so small a compass: It may be asked, if this is the description of the libel, why is it brought forward into the view of the public, and why is the defendant brought here to answer for it? I reply, for this plain and obvious reason, because, if young men, like the defendant, are to be permitted to insult the retirement of the female sex, to write their poison to the wives and daughters of their neighbours, and to intrude themselves on the privacy of decent families, there is an end to all the decorum, and to all the morals of the publick; and therefore, however painful it may be to those who are obliged to stand forwards to produce such filth as this, it is indispensibly necessary, in order that any of us may have decorum, decency, and peace of society preserved inviolable, and that we may live in a state superior to that of beasts, it is necessary that cases like this should be brought before Courts of Justice; it will be my endeavour to do my part within the line prescribed by the decorum and the decency which belong to this place, in which I stand. Gentlemen, the situation of the parties is this: - The prosecutrix, Mrs. Timmins, is related, by the intercourses of marriage, with that young man at the bar, and it seems that some of the family have had unfortunate disputes leading to a divorce, whether the conduct of this Lady has given well or ill-founded offence, is not necessary to enquire; but he has taken the liberty of writing this which I have in my hand - you will be obliged to cast your eyes upon it - the Court must look at it - I know who I have to deal with on the other side - I know there is no man who has so high a regard, I say so high a regard for the better part of our species than my learned friend, Mr. Fielding; therefore, I take it for granted, we shall have no public exhibition of it, and that those who are waiting to hear it, will be disappointed; but, Gentlemen, the Court and you will judge what sort of composition it is […]These are times in which it is clearly necessary that this sort of offence should be marked by a punishment pronounced upon it; we have seen Royal Proclamations filed by the Attorney General, which have been unavailing to suppress the public sale, distribution and dispersion, of the most infamous and obscene libel; we have seen the windows of the metropolis crouded with the most infamous and diabolical prints; such as no man, of common decency, can look at without shuddering with horror, such as no modest woman can venture to put her eyes upon. When people have the hardiness to avail themselves of the appetite of the public; I have said more, I am sure, than is necessary, more, I am sure, to impress you with the importance of the subject, a great deal more than can be necessary to excite the Court to lend it their best attention and assistance. I hope this young man will be made an example to others, not to sport at once, with the relationship he owes to the other sex, and, with all the principles of decency, public morality, and decorum. …

(Discuss, with particular reference to one or more of the following: gender history; politeness and manners; political culture in the 1790s.)