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BLASPHEMY (through the Fr. from Gr. P...

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Originally appearing in Volume V04, Page 44 of the 1911 Encyclopedia Britannica.
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BLASPHEMY (through the Fr. from Gr. PXaa4o ta, profane See also:language, See also:slander, probably derived from See also:root of )3X  Cirri-au, to injure, and 0-See also:bun, speech), literally, See also:defamation or evil speaking, but more peculiarly restricted to an indignity offered to the Deity by words or See also:writing . By the See also:Mosaic See also:law See also:death by stoning was the See also:punishment for See also:blasphemy (Lev. See also:xxiv . 16) . The 71th Novel of Justinian assigned death as the See also:penalty, as did also the Capitularies . The See also:common law of See also:England treats blasphemy as an indictable offence . All blasphemies against See also:God, as denying His being, or See also:providence, all contumelious reproaches of Jesus See also:Christ, all profane scoffing at the See also:Holy Scriptures, or exposing any See also:part thereof to contempt or ridicule, are punishable by the temporal courts with See also:fine, imprisonment and also infamous See also:corporal punishment . An See also:act of See also:Edward VI . (2547; repealed 1553, and revived 1558) enacts that persons reviling the See also:sacrament of the See also:Lord's Supper, by contemptuous words or otherwise, shall suffer imprisonment . Persons denying the Trinity were deprived of the benefit of the Act of See also:Toleration by an act of 1688 . An act of 1697—1698, commonly called the Blasphemy Act, enacts that if any See also:person, educated in or having made profession of the See also:Christian See also:religion, should by writing, See also:preaching, teaching or advised speaking, deny any one of the Persons of the Holy Trinity to be God, or should assert or maintain that there are more gods than one, or should deny the Christian religion to be true, or the Holy Scriptures to be of divine authority, he should, upon the first offence, be rendered incapable of holding any See also:office or See also:place of See also:trust, and for the second incapable of bringing any See also:action, of being See also:guardian or executor, or of taking a See also:legacy or See also:deed of See also:gift, and should suffer three years' imprisonment without See also:bail . It has been held that a person offending under the See also:statute is also indictable at common law (Rex v . See also:Carlisle, 1819, where Mr See also:Justice Best remarks, " In the See also:age of toleration, when that statute passed, neither churchmen nor sectarians wished to protect in their infidelity those who disbelieved the Holy Scriptures ") .

An act of 1812—1813 excepts from these enactments " persons denying as therein mentioned respecting the Holy Trinity," but otherwise the common and the statute law on the subject remain as stated . In the See also:

case of Rex v . See also:Woolston (1728) the See also:court declared that they would not suffer it to be debated whether to write against See also:Christianity in See also:general was not an offence punishable in the temporal courts at common law, but they did not intend to include disputes between learned men on particular controverted points . The law against blasphemy has practically ceased to be put in active operation . In 1841 Edward See also:Moxon was found guilty of the publication of a blasphemous See also:libel (See also:Shelley's See also:Queen Mab), the See also:prosecution having been instituted by See also:Henry Hetherington, who had previously been condemned to four months' imprisonment for a similar offence, and wished to test the law under which he was punished . In the case of Cowan v . Milbourn (1867) the See also:defendant had broken his See also:contract to let a lecture-See also:room to the See also:plaintiff, on discovering that the intended lectures were to maintain that " the See also:character of Christ is defective, and his teaching misleading, and that the See also:Bible is no more inspired than any other See also:book," and the court of See also:exchequer held that the publication of such See also:doctrine was blasphemy, and the contract therefore illegal . On that occasion the court. reaffirmed the dictum of See also:Chief Justice See also:Hale, that Christianity is part of the See also:laws of England . The commissioners on criminal law (See also:sixth See also:report) remark that " although the law forbids all denial of the being and providence of God or the Christian religion, it is only when irreligion assumes the See also:form of an insult to God and See also:man that the interference of the criminal law has taken place." In England the last prominent prosecution for blasphemy was the case of R. v . See also:Ramsey er See also:Foote, 1883, 48 L.T . 739, when the editor, publisher and printer of the Freethinker were sentenced to imprisonment; but See also:police court proceedings were taken as See also:late as 1908 against an obscure See also:Hyde See also:Park orator who had become a public See also:nuisance . Profane cursing and See also:swearing is made punishable by the Profane Oaths Act 1745, which directs the offender to be brought before a justice of the See also:peace, and fined five shillings, two shillings or one See also:shilling, according as he is a See also:gentleman, below the See also:rank of gentleman, or a common labourer, soldier, &c .

By the law of See also:

Scotland, as it originally stood, the punishment of blasphemy was death, but by an act of 1825, amended in 1837, blasphemy was made punishable by fine or imprisonment or both . In See also:France, blasphemy (which included, also, speaking against the Holy Virgin and the See also:saints, denying one's faith, or speaking with impiety of holy things) was from very See also:early times punished with See also:great severity . The punishment was death in various forms, burning alive, See also:mutilation, See also:torture or corporal punishment . In the See also:United States the common law of England was largely followed, and in most of the states, also, statutes were enacted against the offence, but, as in England, the law is practicallynever put in force . In See also:Germany, the punishment for blasphemy is imprisonment varying from one See also:day to three years, according to the gravity of the offence . To constitute the offence, the blasphemy must be uttered in public, be offensive in character, and have wounded the religious susceptibilities of some other person . In See also:Austria, whoever commits blasphemy by speech or writing is liable to imprisonment for any See also:term from six months up to ten years, according to the seriousness of the offence .

End of Article: BLASPHEMY (through the Fr. from Gr. PXaa4o ta, profane language, slander, probably derived from root of )3X
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BLASIUS (or BLAisE), SAINT
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FRIEDRICH BLASS (1843—1907)

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