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Earliest U.K. obscenity trials
In 1663, Sir Charles Sedley, an intimate of Charles II, and two friends got themselves drunk
and climbed to a
balcony of the tavern, whereupon they removed their clothes and (the reports differ) either
urinated on the crowd
below or emptied bottles of urine on to them. In any event the crowds did not enjoy the
proceedings and Sedley
found himself in court. The case is often referred to as the first reported obscenity case, since
it showed that
common-law courts would, even in the absence of a statute, penalise conduct which was
grossly offensive to the
public. But in 1708, in the case of Reg. v. Read, where the defendant had published "The
Fifteen Plagues of a
Maidenhead" (said in court to be "bawdy stuff") for gain, Mr. Justice Powell dismissed
the case saying there was
no law under which it could be tried. In 1727, however, when a man named Curle published a
pornographic
book, the Attorney-General submitted that the publication was an offence at common law
because "it tends to
corrupt the morals of the King's subjects and is thus against the peace of the King." The
submission was accepted
with reluctance: the conviction of Curle's "Venus in the Cloister or the Nun in her
Smock" became a precedent
for further prosecutions.