Act of Parliament | |
Long title | An Act for the more effectual suppressing of Blasphemy and Profaneness. [3] |
---|---|
Citation | 9 Will. 3. c. 35 (Ruffhead: 9 & 10 Will. 3. c. 32) |
Territorial extent | England and Wales |
Dates | |
Royal assent | 5 July 1698 |
Repealed | 21 July 1967 [4] |
Other legislation | |
Amended by | |
Repealed by | The Criminal Law Act 1967, section 13(2) and Part I of Schedule 4 |
Status: Repealed | |
Text of statute as originally enacted |
The Blasphemy Act 1697 (9 Will. 3. c. 35) was an Act of the Parliament of England. It made it an offence for any person, educated in or having made profession of the Christian religion, by writing, preaching, teaching or advised speaking, to deny the Holy Trinity, to claim there is more than one god, to deny the truth of Christianity and to deny the Bible as divine authority.
The first offence resulted in being rendered incapable of holding any office or place of trust. The second offence resulted in being rendered incapable of bringing any action, of being guardian or executor, or of taking a legacy or deed of gift, and three years imprisonment without bail.
The Act was directed against apostates at the beginning of the deist movement in England, particularly after the 1696 publication of John Toland's book Christianity not Mysterious .
It was rarely applied: the legislation allowed only four days after the offence for a formal complaint to be lodged and the trial itself was required to be held within three months. [5] As a result, existing common law process continued to be the first line against heterodoxy in England and Wales.
The Trinitarian provision was amended by the Doctrine of the Trinity Act 1813 to remove the penalties from Unitarians.
The Law Commission said that they were not aware of any prosecutions that had taken place under this Act. [6]
On 24 May 1966, the Law Commission said that the offence created by this statute was obsolete and recommended that the whole Act be repealed. [7] Their recommendation was implemented by section 13(2) of, and Part I of Schedule 4 to, the Criminal Law Act 1967. [8]
For the effect of this Act on the common law offences, see Blasphemy law in the United Kingdom - Relationship between the common law and statutory offences.
Laws prohibiting blasphemy and blasphemous libel in the United Kingdom date back to the medieval times as common law and in some special cases as enacted legislation. The common law offences of blasphemy and blasphemous libel were formally abolished in England and Wales in 2008 and Scotland in 2024. Equivalent laws remain in Northern Ireland.
Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It is a form of criminal libel that consists of the publication of material which exposes the Christian religion to scurrility, vilification, ridicule, and contempt, with material that must have the tendency to shock and outrage the feelings of Christians.
The Treason Act 1351 is an Act of the Parliament of England wherethrough, according to William Blackstone, common law treason offences were enumerated and no new offences were, by statute, created. It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to Ireland in 1495 and to Scotland in 1708. The Act was passed at Westminster in the Hilary term of 1351, in the 25th year of the reign of Edward III and was entitled "A Declaration which Offences shall be adjudged Treason". It was passed to clarify precisely what was treason, as the definition under common law had been expanded rapidly by the courts until its scope was controversially wide. The Act was last used to prosecute William Joyce in 1945 for collaborating with Germany in World War II.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
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The Interpretation Act 1978 is an act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and documents", Acts of the Scottish Parliament and instruments made thereunder, and Measures and Acts of the National Assembly for Wales and instruments made thereunder. The Act makes provision in relation to: the construction of certain words and phrases, words of enactment, amendment or repeal of Acts in the Session they were passed, judicial notice, commencement, statutory powers and duties, the effect of repeals, and duplicated offences.
Blasphemy is not a criminal offence under Australian federal law, but the de jure situation varies at state and territory level; it is currently not enforced in any Australian jurisdiction. The offences of blasphemy and blasphemous libel in English common law were carried over to the Australian colonies and "received" into state law following Federation in 1901. The common-law offences have been abolished totally in Queensland and Western Australia, when those jurisdictions adopted criminal codes that superseded the common law. In South Australia, Victoria, and the Northern Territory the situation is ambiguous, as the local criminal codes do not mention blasphemy but also did not specifically abolish the common-law offences. In New South Wales and Tasmania, the criminal codes do include an offence of blasphemy or blasphemous libel, but the relevant sections are not enforced and generally regarded as obsolete.
The Interpretation Act 1889 was an act of the Parliament of the United Kingdom that consolidated enactments relating to statutory construction and provided definitions to shorten the language used in acts of Parliament.
In Ireland, "publication or utterance of blasphemous matter", defamatory of any religion, was a criminal offence until 17 January 2020. It was a requirement of the 1937 Constitution until removed after a 2018 referendum. The common law offence of blasphemous libel, applicable only to Christianity and last prosecuted in 1855, was believed to fulfil the constitutional requirement until a 1999 ruling that it was incompatible with the constitution's guarantee of religious equality. The Defamation Act 2009 included a provision intended to fill the lacuna while being "virtually impossible" to enforce, and no prosecution was made under it. The 2009 statute increased controversy, with proponents of freedom of speech and freedom of religion arguing for amending the constitution. After the 2018 constitutional amendment, a separate bill to repeal the 2009 provision and residual references to blasphemy was enacted in 2019 by the Oireachtas (parliament) and came into force in 2020. The Prohibition of Incitement to Hatred Act 1989, which includes religion among the characteristics protected from incitement to hatred, remains in force.
The publishing of any "blasphemous libel" was a crime in New Zealand under Section 123 of the Crimes Act 1961 which allowed for imprisonment for up to one year. However, Section 123 protected all publications and opinions on any religious subject expressed in good faith and decent language against prosecution and specified that prosecution may proceed only with the leave of the attorney-general.
The Punishment of Offences Act 1837 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It abolished the death penalty for a number of statutory offences and replaced it with transportation for life.
The Criminal Law Act 1826 is an act of the Parliament of the United Kingdom that consolidated a large number of acts relating to criminal procedure.
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