View source for The Encyclopedia Americana (1920)/Blasphemy

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'''BLASPHEMY''', is somewhat variously
defined. According to the most general definition,
it means the speaking irreverently of the
mysteries of religion; and formerly, in Roman
Catholic countries, it also included the speaking
contemptuously or disrespectfully of the
Holy Virgin or the saints. Public blasphemy
has been considered by the Catholic Church
as an unpardonable sin, and it was formerly
punished with death by the municipal laws.
The 77th novel of Justinian assigned this
punishment to it; and the capitularies inflicted
the same punishment upon such as, knowing
of an act of blasphemy, did not denounce the
offender. The former laws of France
punished this crime with fine, corporal punishment,
the gallows and death, according to the
degree and aggravation of the offense. The
records of the parliaments supply numerous
instances of condemnation for this crime and
many of punishment by death; others of
branding and mutilation. A man was for
this offense condemned to be hanged, and afterward
to have his tongue cut out and the
sentence was executed at Orleans as late as 1748.
But it is remarked by a writer in the French
&lsquo;Encyclopédie Moderne,&rsquo; that we should form
an erroneous opinion, from the present state
of society, of the effect of this offense and the
disorders it might introduce in former times;
for religion was once so intimately blended
with the government and laws, that to treat
the received articles of faith or religious
ceremonies with disrespect was in effect to attack
civil institutions.

By the common law of England, as stated
by Blackstone, blasphemy consists in denying
the being and providence of God, contumelious
reproaches of Jesus Christ, profane scoffing at
Holy Scripture, etc., and is punishable by fine
and imprisonment, or corporal punishment; the
offense is also statutory, the Statute 9 and
10 William III cap. xxxii, declaring that if
any one shall deny any of the persons of the
Trinity to be God, or assert that there are
more gods than one, or deny the truth of
Christianity or of the Scriptures, he shall be
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incapable of holding any office; and for a second
offense be disabled from suing any action, or
being an executor, and suffer three years'
imprisonment.

By the law of Scotland, as it stood under
acts of 1661 and 1695, the punishment of
blasphemy was death. Blasphemy consisted of
railing at or cursing God, or of obstinately persisting
in denying the existence of the Supreme
Being, or any of the persons of the Trinity.

The early legislation of the American
colonies followed that of the mother country, and
in some of them the crime of blasphemy was
punished with death; but the penalty was
mitigated before the establishment of independence
and imprisonment, whipping, setting on the
pillory, having the tongue bored with a red-hot
iron, etc., were substituted. Several penalties
against blasphemy are to be found in the laws
of some of the New England States, according
to which it is provided that, if any person shall
blaspheme, by denying, cursing or contumeliously
reproaching God, his creation, government
or final judging of the world, or by cursing
or reproaching Jesus Christ or the Holy
Ghost, or contumeliously reproaching the Word
of God, consisting of the commonly received
books of the Old and New Testament, he is
liable to imprisonment for a term not exceeding
five years. But in many States, the offense
of blasphemy, not being a subject of special
statutory provision, is only punishable either as
an offense at common law, or a violation of the
statute laws against profane swearing.

Such penal statutes against blasphemy as are
not subversive of the freedom of speech or
liberty of the press have, in the United States,
been declared constitutional. Consult &lsquo;American
and English Encyclopedia of Law,&rsquo; Vol. IV,
p. 582.