Dear soylent,
Thank you for your very intriguing question about a quite interesting
event. It appears, however, that the exact date of neither the trial nor the
conviction is certain. The citations you provided were very helpful in
distinguishing the most bona fide sources regarding this case. Neither the
Keble book (1 Keb 620 1663), nor the English Report (vol.83 Eng.Rep.1146),
which lists a replication of the official record of the case, provides an exact
date. I confirmed this with the UC Hastings Law Library reference librarian
who pulled the actual documents from their archives. This library can be
contacted at
http://www.uchastings.edu/library/
and their reference desk can be reached at (415) 565-4751. References of this
case are found in the Supreme Court Cases, Memoirs vs. Massachusetts 383US 413
(1966), and United States v. 12,200-Ft. Reels of Film, 413US 123 (1973). In
the former case, Justice Douglass writes the following excerpt:
Nor is there any basis in the legal history antedating the First Amendment for
the creation of an obscenity exception. Memoirs v. Massachusetts, 383 U.S. 413,
424 (DOUGLAS, J., concurring). The first reported case involving obscene
conduct was not until 1663. There, the defendant was fined for "shewing himself
naked in a balkony, and throwing down bottles (pist in) vi & armis among the
people in Convent Garden, contra pacem, and to the scandal of the Government."
Sir Charles Sydlyes Case, 83 Eng. Rep. 1146-1147 (K. B. 1663). Rather than
being a fountainhead for a body of law proscribing obscene literature, later
courts viewed this case simply as an instance of assault, criminal breach of
the peace, or indecent exposure. E. g., Bradlaugh v. Queen, L. R. 3 Q. B. 569,
634 (1878); Rex v. Curl, 93 Eng. Rep. 849, 851 (K. B. 1727) (Fortescue, J.,
dissenting).
FindLaw.com:
http://caselaw.lp.findlaw.com/scripts/getcase.plnavby=case&court=us&vol=383&page
=413.
In the latter case, United States v. 12,200-Ft. Reels of Film, 413US 123
(1973), the following excerpt is written in the footnotes:
The Sir Charles Sydlyes Case, 1 Keble 620 (K. B. 1663). . . made a public
appearance on a London balcony while nude, intoxicated, and talkative. He
delivered a lengthy speech to the assembled crowd, uttered profanity, and
hurled bottles containing what was later described as an "offensive liquor"
upon the crowd. The proximate source of the "offensive liquor" appears to have
been Sir Charles. Alpert, Judicial Censorship of Obscene Literature, 52 Harv.
L. Rev. 40-43 (1938).
FindLaw.com:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?
navby=case&court=us&vol=413&page=123.
Through my research I believe it is justified to conclude that the exact date
of the trial and verdict in The King vs. Sir Charles Sidley is not published,
nor precisely known.
Additional Websites that may interest you:
Findlaw.com U.S. Supreme Court obscenity cases.
http://www.findlaw.com/01topics/06constitutional/cases.html
Findlaw.com recent U.S. Supreme Court Cases.
http://www.findlaw.com/casecode/supreme.html
Galaxy.com a list of U.S. law libraries
http://www.galaxy.com/hytelnet/US000LAW.html
Search Terms Used:
Sidley
Sydlyes
The King vs. Sir Charles Sidley
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