[Every one who publishes any blasphemous document is guilty of the misdemeanor of publishing a blasphemous libel.

Every one who speaks blasphemous words is guilty of the misdemeanor of blasphemy.

1 ARTICLE 208.

DENYING TRUTH OF CHRISTIANITY, &c.

Every one commits a misdemeanor and upon conviction thereof is liable to the punishments hereinafter mentioned, who having been educated in, or at any time having made profession of, the Christian religion within this realm, by writing, printing, teaching, or advised

[cases on the subject in Folkard's Edition of Starkie on Libel, pp. 593-603. Most of the cases are old, and I do not think that, in fact, any one has been convicted of blasphemy in modern times for a mere decent expression of disbelief in Christianity. Mr. Starkie many years ago wrote, "A wilful intention to pervert, insult, and mislead others by means of contumelious abuse applied to sacred subjects, or by wilful misrepresentations and artful sophistry calculated to mislead the ignorant and unwary, is the criterion and test of guilt." This is the language of a man who means, but is reluctant to say plainly "You may deny Christianity to be true, but you must do it in a decent way, and with regard to the feelings of others." Lord Coleridge allows me to say that the left hand side of the page correctly states the law laid down in the last trial which took place for blasphemy, R. v. Pooley, tried at the Bodmin Summer Assizes, in 1857, before Coleridge, J. Lord Coleridge was counsel in that case. For the reasons given in the chapter on offences against religion in my History of the Criminal Law, Vol. II, p. 474, I am now unable to agree with the milder view of the law. See Draft Code, s. 141. In 1883, shortly after the publication of the last edition of this work, a man named Foote was tried for blasphemous libel before Lord Coleridge. He directed the jury according to the doctrine stated in the left hand column. His summing up was published by Stevens and Sons in 1883. I wrote an article on the subject maintaining my own view in the Fortnightly Review for March, 1884, and Mr. Aspland afterwards published an able pamphlet on the other side of the question. It did not convince me. It has been often suggested, and would, I think, be highly desirable, that the question should be settled by Parliament.] 1 S. D. Art. 163.

29 & 10 Wm. 3 c. 35. I have omitted Article 162 respecting heresies, such offences being cognizable by a competent ecclesiastical court and the ecclesiastical law of England not having any force in Canada; In re Lord Bishop of Natal 3 Moo. P. C. C. N. S. 115. I have, however, retained in the text Articles 208, 209, 210 and 211 as they are founded on statutes of a date sufficiently early to be in force in Canada, and as the offences are punishable on indictment before any court of competent criminal jurisdiction, though it is doubtful how far, if at all, the courts of Canada would hold such statutes to be applicable to, and in force in, Canada. See 2 Bishop Cr. Law s. 76 Note (5).

1

[speaking] denies any one of the persons in the Holy Trinity to be God, or asserts or maintains that there are more Gods than one, or [denies the Christian religion to be true, or the holy scriptures of the Old and New Testament to be of Divine authority.

For the first offence the offender must be adjudged incapable and disabled in law, to all intents and purposes whatsoever, to have or enjoy any office or employment, ecclesiastical, civil or military, or any part in them, or any profit or advantage appertaining to them, and if at the time of his conviction the person convicted enjoys or possesses any office, place, or employment, such office, place, or employment becomes void.

Upon a second conviction for all or any of the said crimes the offender is from thenceforth disabled to sue, prosecute, plead, or use any action or information in any court of law or equity, or to be guardian of any child, or executor or administrator of any person, or capable of any legacy or deed of gift, or to bear any office, civil or military, or benefice ecclesiastical, for ever within the realm, and must also suffer imprisonment for the space of three years from the time of such conviction.

Any person convicted of any of the aforesaid crimes for the first time shall be discharged from all penalties and disabilities incurred by such conviction, upon his acknowledgment or renunciation of such offence or erroneous opinions in the same court where he was convicted within four months after his conviction.

2 ARTICLE 209.

DEPRAVING THE LORD'S SUPPER.

3 Every one commits a misdemeanor who depraves,

19 & 10 Wm. 3 c. 35 contains the provision not included in the brackets. It was repealed by 53 Geo. 3 c. 160. Where the offence is committed by words spoken there can be no conviction unless an information is made before a justice within four days and the offender is prosecuted within three months.

2 S. D. Art. 164.

3 [1 Edw. 6. c. 1, s. 1, applied to the present Book of Common Prayer by 14 Car. 2, c. 4,]

[despises, or contemns the sacrament of the supper and table of the Lord, in contempt thereof by any contemptuous words, or by any words of depraving, despising, or reviling, or by advisedly in any other wise contemning, despising or reviling the said sacrament.

1 ARTICLE 210.

DEPRAVING THE BOOK OF COMMON PRAYER.

2 Every one commits a misdemeanor and is liable upon conviction thereof to the punishments hereinafter mentioned, who does any of the following things that is to say,

(a.) who, in any interlude, play, song, rhymes, or other open words, declares or speaks anything in derogation, depraving, or despising of the Book of Common Prayer, or of anything therein contained, or any part thereof; or

(b.) who by open fact, deed, or open threatenings, compels, causes, or otherwise procures or maintains any parson, vicar, or other minister, in any cathedral or parish church or chapel, or in any other place, to sing or say any common or open prayer, or to minister any sacrament otherwise or in any other manner or form than is mentioned in the said book; or

(c.) who by any of the said means unlawfully interrupts and lets any parson, vicar, or other minister in any cathedral or parish church, or chapel, in singing or say

[8. 20. I have retained these and the following provisions because, though they are practically obsolete, they relate to acts which might still be done. But I have not thought it worth while to encumber the book with the statutes of præmunire, which, with hardly an exception, are only historical monuments of bygone political and religious conflicts, imposing penalties on acts which it is barely conceivable that any one should do in the present state of society. The subject is treated fully in the 7th Report of the Criminal Law Commissioners, pp. 37-45. The offences are appealing to Rome from any of the Queen's Courts (24 Hen. 8, c. 12); asserting that Parliament has a legislative authority without the Crown (3 Car. 2, c. 1); and some others.]

1 S. D. Art. 165.

2 [1 Eliz. c. 2, s. 3, applied to the present Book of Common Prayer by 14 Car. 2, c. 4, 8. 20.]

[ing common or open prayer, or ministering the sacraments, or any of them, in the manner mentioned in the said book.

For the first offence the offender must be fined one hundred marks, and in default of payment within six weeks after his conviction must be imprisoned for six months.

For the second offence the offender must be fined four hundred marks, and in default of payment as aforesaid must be imprisoned for twelve months.

For the third offence the offender must forfeit to the Queen all his goods and chattels and be imprisoned for life.

2

1 ARTICLE 211.

CLERGYMEN REFUSING TO USE THE BOOK OF COMMON

PRAYER.

[Every one commits a misdemeanor, and is liable upon conviction thereof to the punishments hereinafter mentioned, who, being a parson, vicar, or other minister whatsoever, that ought or should sing or say common prayer according to the Book of Common Prayer,

(a.) refuses to use the said common prayer, or to minister the sacrament, in such cathedral or parish church, or other place, as he should use or minister the same;

(b.) uses, wilfully and obstinately standing in the same, any other rite, ceremony, order, or form of mass, openly or privily, or matins, evensong, administration of the sacrament, or other3 open prayer than is mentioned and set forth in the said book;

(c.) preaches, declares, or speaks anything in deroga

1 S. D. Art. 166.

2 [2 & 3 Edw. 6, c. 1; 14 Car. 2, c. 4, s. 20, and see 1 Eliz. c. 2, s, 2, which slightly varies the penalty on one point.

3 By "open prayer is meant that prayer which is for others to come unto or hear, either in common churches or private chapels, or oratories, commonly called the Service of the Church."]

[tion or depraving of the said book, or anything therein contained, or of any part thereof.

For the first offence the offender must forfeit to the Queen one year's profit of such of his benefices as Her Majesty appoints, and be imprisoned for six months, whether he has any benefice or not.

For the second offence the offender must be deprived ipso facto of all his spiritual promotions, and be imprisoned for a year, and if he has no promotion he must be imprisoned for life.

For the third offence the offender must be imprisoned for life.]

1 ARTICLE 212.

DISTURBING PUBLIC WORSHIP.

2 Every one is guilty of a misdemeanor and liable to imprisonment for any term less than two years who,

(a.) by threats or force, unlawfully obstructs or prevents, or endeavors to obstruct or prevent, any clergyman or other minister in or from celebrating divine service, or otherwise officiating in any church, chapel, meeting-house, school-house or other place used for divine worship, or in or from the performance of his duty in the lawful burial of the dead, in any church-yard or other burial place; or

(b.) strikes or offers any violence to, or upon any civil process, or under the pretence of executing any civil process, arrests any clergyman or other minister who is engaged in or, to the knowledge of the offender, is about to engage in, any of the rites or duties in this article mentioned, or who, to the knowledge of the offender, is going to perform the same, or returning from the performance thereof.

2 Every one is guilty of a misdemeanor and liable, on

1 S. D. Art. 167.

2 R. S. C. c. 156; 52 Geo. 3. c. 155, s. 12; 9 & 10 Vict. c. 59, s. 4; 23 & 24 Vict. c. 32, s. 2; 24 & 25 Vict. c. 100, s. 36. See Reid v. Inglis, 12 U. C. C. P. 191 as to 1 Will. & M. c. 18, s. 15,