BLASPHEMY. In Criminal Law. To attribute to God that which is contrary to his nature and does not belong to him, and to deny what does. A false reflection uttered with a' malicious design of reviling God. Emlyn's Pref. to vol. 8, St. Tr.; 20 Pick. Mass. 244.
In general, blasphemy may be described as con sisting in speaking evil of the Deity with an im pious purpose to derogate from the divine majesty, and to alienate the minds of others from the love and reverenee of God. It is purposely using words concerning God calculated and designed to impiir and destroy the reverence, respect, and confidence due to him as the intelligent creator, governor and judge of the world. It embraces the idea Of de traction, when used towards the Supreme Being; as "calumny" usually carries the same idea when Applied to an individual. It is a wilful and mali cious attempt to lessen men's reverence of God by denying his existence, or his attributes 03 an intel ligent creator, governor, end judge of men. and to prevent their having confidence in him as such. 20 Pick. Mass. 211, 212, per Shaw, C. J.
2. The offence of publishing ablasphemous libel, and the crime of blasphemy, are in many. respects technically distinct, and may be differently charged: yet the same act may, and often does, constitute both. The latter consists in blaspheming the holy name of God, by denying, cursing, or contumeliously reproaching God, his creation, government, or final judging of the world ; and this may he done by language orally uttered, which would not be a libel. But it is not the less blasphemy if the same thing be done by language written, printed, and published ; al though when done in this form it also con stitutes the offence of libel. 20 Pick. Mass. 213, per Shaw, C. J. ; Heard, Lib. tic Sland. 336.
3. In most of the United States, statutes have been enacted against this offence ; but these statutes are not understood in all cases to have abrogated the common law; the rule being that where the statute does not vary the class and character of an offence, but only authorizes a particular mode of proceeding and of punishment, the sanction is cumula tive and the common law is not taken away.
And it has been decided that neither these statutes nor common-law doctrine is re pugnant to the constitutions of those states in which the question has arisen. Heard, Lib. & Sland. 343; 20 Pick. Mass. 206; 11 Serg. & R. Penn. 394; 8 Johns. N. Y. 290; 4 Sundt N. Y. 156; 2 Harr. Del. 553; 2 How. 127.
4. In England, all blasphemies against God, the Christian religion, the Holy Scriptures, and malicious revilings of the established church, are punishable by indictment. 1 East, Pl. Cr. 3; 1 Russell, Crimes, 217 ; 5 Jur. 529. See 7 Cox, Cr. Cas. 79; 1 Barnew. & C. 26; 2 Lew. Cr. Cas. 237.
5. In France, before the 25th of Septem ber, 1791, it was a blasphemy, also, to speak against the holy virgin and the saints, to deny one's faith, to speak with impiety of holy things, and to swear by things sacred. Merlin, Repert. The law relating to blasphemy in that country was totally repealed by the code of 25th of September, 1791; and its present penal code, art. 262, enacts that any person who, by words or gestures, shall commit any outrage upon objects of public worship, in the places designed or actually employed for the performance of its rites, or shall assault or insult the ministers of such worship in the exercise of their functions, shall be fined from sixteen to five hundred francs, and be im prisoned for a period not less than fifteen days nor more than six months.
6. The civil law forbade the crime of blas phemy ; such, for example, as to swear by the hair or the head of God; and it punished its violation with death. Si enim contra homines factse blasphemim impunitce non relinquuntur, multo magis qui ipsum Deum blasphemaut, digni aunt supplicia sustinere (For if slander against men is not left unpunished, much more do those deserve punishment who blas pheme God). Nov. 77. 1. 1.
7. In Spain it is blasphemy not only to speak against God and his government, but to utter injuries against the Virgin Mary and the saints. Senen Vilanova y Manes, Ma teria Criminal, forense, Observ. 11, cap. a, a. 1. See CHRISTIANITY.