John Joseph Stockdale
Encyclopedia
John Joseph Stockdale was an English
publisher and editor
with something of a reputation as a pornographer
. He sought to blackmail
a number of public figures over the memoirs of society courtesan
Harriette Wilson
, drawing the notorious retort from the Duke of Wellington
, Publish and be damned! He also famously sued the parliamentary reporter Hansard
over an allegation that he had published an indecent book and became involved in an important constitution
al clash between parliament and the courts that ultimately brought about a change in the law.
and Mary neé Ridgway, John Joseph was brother to Mary Stockdale
. He was educated privately at a boarding school in Bedfordshire
and in 1793 started to work for his father, being admitted to the freedom of the Worshipful Company of Stationers and Newspaper Makers
on 3 August 1802, and afterwards taking up the livery. In 1805 he married Sophia, a niece of Philip Box a successful banker, and he established his own business in Pall Mall
in 1806, possibly with financial help from Box. He compiled and edited many books, including:
Stockdale also sold copies of Original Poetry by Victor and Cazire
by Percy Bysshe Shelley and his sister Elizabeth in 1810. In 1811, Stockdale, under the pseudonym of Thomas Little published an edition of John Roberton
's treatise on the pathology
of the reproductive system
On Diseases of the Generative System. Roberton was a radical
and something of an outsider to the medical profession, and the book's explicit anatomical plates, together with Stockdale's louche reputation, meant that the book attracted some distaste and notoriety. Stockdale had in fact interpolated some additional sensational illustrations. In 1824, again as Thomas Little, Stockdale published The Beauty, Marriage Ceremonies and Intercourse of the Sexes in All Nations; to which is added The New Art of Love (Grounded on Kalogynomia), an augmented edition of Roberton's 1821 book Kalogynomia, or the Laws of Female Beauty, a work that Roberton had himself published under the pseudonym T. Bell.
and Henry Brougham, 1st Baron Brougham and Vaux
, offering them the opportunity to be excluded from the work in exchange for a cash payment. Wellington famously responded with, Publish and be damned.
Stockdale died at Bushey
and his wife Sophia seems to have made a further attempt to blackmail Brougham after Stockdale's death.
discovered a copy of On Diseases of the Generative System, well thumbed by the inmates of Newgate Prison
. Official parliamentary reporter Hansard
, by order of the House of Commons
, printed and published the Report of the Inspectors of Prisons stating that an indecent
book published by a Mr. Stockdale was circulating. Stockdale sued for defamation but Hansard’s defence, that the statement was true, succeeded. However, parliament ordered a reprint and Stockdale sued again but this time Hansard was ordered by the House to plead that he had acted under order of the Commons and was protected by parliamentary privilege
.
The court of Queen's Bench, led by Lord Denman
, unanimously found that Hansard was not protected by privilege and awarded damages
to Stockdale, HM Treasury
defraying Hansard's costs. However, when the Middlesex
sheriffs
attempted to enforce the court order
, Hansard fell back upon parliament for protection. Accordingly the sheriffs and other persons who sought to carry out the orders issued by the law court against the Hansards were imprisoned
by order of the House of Commons. These protracted and vexatious proceedings were brought to a close only by the passing in Parliamentary Papers Act 1840
by which it was enacted that proceedings, criminal
or civil
, against persons for the publication of papers printed by order of either house of parliament shall be stayed
upon the production of a certificate to that effect. Stockdale was thus finally defeated, and the printer was indemnified.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
publisher and editor
Editor in chief
An editor-in-chief is a publication's primary editor, having final responsibility for the operations and policies. Additionally, the editor-in-chief is held accountable for delegating tasks to staff members as well as keeping up with the time it takes them to complete their task...
with something of a reputation as a pornographer
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
. He sought to blackmail
Blackmail
In common usage, blackmail is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats...
a number of public figures over the memoirs of society courtesan
Courtesan
A courtesan was originally a female courtier, which means a person who attends the court of a monarch or other powerful person.In feudal society, the court was the centre of government as well as the residence of the monarch, and social and political life were often completely mixed together...
Harriette Wilson
Harriette Wilson
Harriette Wilson was a celebrated British Regency courtesan, whose clients included the Prince of Wales, the Lord Chancellor and four future Prime Ministers.- Life :...
, drawing the notorious retort from the Duke of Wellington
Arthur Wellesley, 1st Duke of Wellington
Field Marshal Arthur Wellesley, 1st Duke of Wellington, KG, GCB, GCH, PC, FRS , was an Irish-born British soldier and statesman, and one of the leading military and political figures of the 19th century...
, Publish and be damned! He also famously sued the parliamentary reporter Hansard
Hansard
Hansard is the name of the printed transcripts of parliamentary debates in the Westminster system of government. It is named after Thomas Curson Hansard, an early printer and publisher of these transcripts.-Origins:...
over an allegation that he had published an indecent book and became involved in an important constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
al clash between parliament and the courts that ultimately brought about a change in the law.
Publisher
The son of John StockdaleJohn Stockdale
John Stockdale was an English publisher whose London shop became a salon for the political classes and who had to face two actions for defamation...
and Mary neé Ridgway, John Joseph was brother to Mary Stockdale
Mary Stockdale
Mary Ridgway Stockdale was an English writer on the themes of Christian spirituality. She was the daughter of John Stockdale and sister of John Joseph Stockdale....
. He was educated privately at a boarding school in Bedfordshire
Bedfordshire
Bedfordshire is a ceremonial county of historic origin in England that forms part of the East of England region.It borders Cambridgeshire to the north-east, Northamptonshire to the north, Buckinghamshire to the west and Hertfordshire to the south-east....
and in 1793 started to work for his father, being admitted to the freedom of the Worshipful Company of Stationers and Newspaper Makers
Worshipful Company of Stationers and Newspaper Makers
The Worshipful Company of Stationers and Newspaper Makers is one of the Livery Companies of the City of London. The Stationers' Company was founded in 1403; it received a Royal Charter in 1557...
on 3 August 1802, and afterwards taking up the livery. In 1805 he married Sophia, a niece of Philip Box a successful banker, and he established his own business in Pall Mall
Pall Mall, London
Pall Mall is a street in the City of Westminster, London, and parallel to The Mall, from St. James's Street across Waterloo Place to the Haymarket; while Pall Mall East continues into Trafalgar Square. The street is a major thoroughfare in the St James's area of London, and a section of the...
in 1806, possibly with financial help from Box. He compiled and edited many books, including:
- Richard WellesleyRichard Wellesley, 1st Marquess WellesleyRichard Colley Wesley, later Wellesley, 1st Marquess Wellesley, KG, PC, PC , styled Viscount Wellesley from birth until 1781, was an Anglo-Irish politician and colonial administrator....
's Events and Transactions in India (1805); - Eaton Stannard BarrettEaton Stannard BarrettEaton Stannard Barrett was an Irish poet and author.-Career:Born in County Cork, Barrett studied law at Middle Temple, London. He is best known for his satirical poems about British political figures. The lines on the headstone of Thomas Moore’s daughter, usually ascribed to Joseph Atkinson, are...
's All the Talents: A Satirical Poem (1806); - Don Pedro Cevallos's Usurpation of the Crown of Spain (1808) and Sketches Civil and Military of the Island of Java (1811); and
- Percy Bysshe ShelleyPercy Bysshe ShelleyPercy Bysshe Shelley was one of the major English Romantic poets and is critically regarded as among the finest lyric poets in the English language. Shelley was famous for his association with John Keats and Lord Byron...
's second novel St. IrvyneSt. IrvyneSt. Irvyne; or, The Rosicrucian, A Romance is a Gothic horror novel written by Percy Bysshe Shelley in 1810 and published by John Joseph Stockdale in 1811 in London anonymously as "by a Gentleman of the University of Oxford". The main character is Wolfstein, a solitary wanderer, who encounters...
; or, The Rosicrucian, A Romance (1810; reprinted in 1822).
Original Poetry by Victor and Cazire
Original Poetry by Victor and Cazire was a poetry collection published anonymously by Percy Bysshe Shelley in September, 1810 by C. and W. Phillips in Worthing and sold by publisher John Joseph Stockdale. The work was Shelley's first published volume of poetry. Shelley wrote the poems in...
by Percy Bysshe Shelley and his sister Elizabeth in 1810. In 1811, Stockdale, under the pseudonym of Thomas Little published an edition of John Roberton
John Roberton (1776)
John Roberton was a Scottish physician and social reformer. A radical and fringe figure in the medical profession, he is best remembered for advocating the founding of a medical police to promote health and social welfare and for authoring a book that became the centre of a notorious legal...
's treatise on the pathology
Pathology
Pathology is the precise study and diagnosis of disease. The word pathology is from Ancient Greek , pathos, "feeling, suffering"; and , -logia, "the study of". Pathologization, to pathologize, refers to the process of defining a condition or behavior as pathological, e.g. pathological gambling....
of the reproductive system
Reproductive system
The reproductive system or genital system is a system of organs within an organism which work together for the purpose of reproduction. Many non-living substances such as fluids, hormones, and pheromones are also important accessories to the reproductive system. Unlike most organ systems, the sexes...
On Diseases of the Generative System. Roberton was a radical
Radicalism (historical)
The term Radical was used during the late 18th century for proponents of the Radical Movement. It later became a general pejorative term for those favoring or seeking political reforms which include dramatic changes to the social order...
and something of an outsider to the medical profession, and the book's explicit anatomical plates, together with Stockdale's louche reputation, meant that the book attracted some distaste and notoriety. Stockdale had in fact interpolated some additional sensational illustrations. In 1824, again as Thomas Little, Stockdale published The Beauty, Marriage Ceremonies and Intercourse of the Sexes in All Nations; to which is added The New Art of Love (Grounded on Kalogynomia), an augmented edition of Roberton's 1821 book Kalogynomia, or the Laws of Female Beauty, a work that Roberton had himself published under the pseudonym T. Bell.
Blackmailer
Stockdale was the publisher of the notorious Memoirs of Harriette Wilson (1826) which attracted a crowd ten deep outside his shop. Before publication, Stockdale and Wilson wrote to all those lovers and clients named in the book, including Arthur Wellesley, 1st Duke of WellingtonArthur Wellesley, 1st Duke of Wellington
Field Marshal Arthur Wellesley, 1st Duke of Wellington, KG, GCB, GCH, PC, FRS , was an Irish-born British soldier and statesman, and one of the leading military and political figures of the 19th century...
and Henry Brougham, 1st Baron Brougham and Vaux
Henry Brougham, 1st Baron Brougham and Vaux
Henry Peter Brougham, 1st Baron Brougham and Vaux was a British statesman who became Lord Chancellor of Great Britain.As a young lawyer in Scotland Brougham helped to found the Edinburgh Review in 1802 and contributed many articles to it. He went to London, and was called to the English bar in...
, offering them the opportunity to be excluded from the work in exchange for a cash payment. Wellington famously responded with, Publish and be damned.
Stockdale died at Bushey
Bushey
Bushey is a town in the Hertsmere borough of Hertfordshire in the East of England. Bushey Heath is situated to the south east of Bushey on the boundary with the London Borough of Harrow.-History:...
and his wife Sophia seems to have made a further attempt to blackmail Brougham after Stockdale's death.
Stockdale v. Hansard
In 1839, HM Prisons InspectorsHer Majesty's Chief Inspector of Prisons
Her Majesty's Chief Inspector of Prisons is the head of HM Inspectorate of Prisons and the senior inspector of prisons, young offender institutions and immigration service detention and removal centres in England and Wales...
discovered a copy of On Diseases of the Generative System, well thumbed by the inmates of Newgate Prison
Newgate Prison
Newgate Prison was a prison in London, at the corner of Newgate Street and Old Bailey just inside the City of London. It was originally located at the site of a gate in the Roman London Wall. The gate/prison was rebuilt in the 12th century, and demolished in 1777...
. Official parliamentary reporter Hansard
Hansard
Hansard is the name of the printed transcripts of parliamentary debates in the Westminster system of government. It is named after Thomas Curson Hansard, an early printer and publisher of these transcripts.-Origins:...
, by order of the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, printed and published the Report of the Inspectors of Prisons stating that an indecent
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
book published by a Mr. Stockdale was circulating. Stockdale sued for defamation but Hansard’s defence, that the statement was true, succeeded. However, parliament ordered a reprint and Stockdale sued again but this time Hansard was ordered by the House to plead that he had acted under order of the Commons and was protected by parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
.
The court of Queen's Bench, led by Lord Denman
Thomas Denman, 1st Baron Denman
Thomas Denman, 1st Baron Denman PC KC was a British lawyer, judge and politician. He served as Lord Chief Justice between 1832 and 1850.-Background and education:Denman was born in London, the son of Dr Thomas Denman...
, unanimously found that Hansard was not protected by privilege and awarded damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
to Stockdale, HM Treasury
HM Treasury
HM Treasury, in full Her Majesty's Treasury, informally The Treasury, is the United Kingdom government department responsible for developing and executing the British government's public finance policy and economic policy...
defraying Hansard's costs. However, when the Middlesex
Middlesex
Middlesex is one of the historic counties of England and the second smallest by area. The low-lying county contained the wealthy and politically independent City of London on its southern boundary and was dominated by it from a very early time...
sheriffs
High court enforcement officers
High Court Enforcement Officers are authorised by the Lord Chancellor to execute High Court writs. They can seize and sell goods to cover the amount of a debt owed. They can also enforce and supervise the possession of property and the return of goods. They replaced Sheriff's Officers in April 2004...
attempted to enforce the court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
, Hansard fell back upon parliament for protection. Accordingly the sheriffs and other persons who sought to carry out the orders issued by the law court against the Hansards were imprisoned
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
by order of the House of Commons. These protracted and vexatious proceedings were brought to a close only by the passing in Parliamentary Papers Act 1840
Parliamentary Papers Act 1840
The Parliamentary Papers Act 1840 is an Act of the Parliament of the United Kingdom. The Act was passed in response to the case of Stockdale v...
by which it was enacted that proceedings, criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
or civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, against persons for the publication of papers printed by order of either house of parliament shall be stayed
Stay of proceedings
A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial. The court can subsequently lift the stay and resume proceedings. However, a stay is sometimes used as a device to postpone proceedings indefinitely.-United Kingdom:In United...
upon the production of a certificate to that effect. Stockdale was thus finally defeated, and the printer was indemnified.