Anti-Sacrilege Act
Encyclopedia
The Anti-Sacrilege Act was a French
law against blasphemy
and sacrilege
passed in January 1825 under King Charles X
. The law was never applied (except for a minor point) and was later revoked at the beginning of the July monarchy
under King Louis-Philippe.
's government, headed by the Ultra-royalist
Jean-Baptiste, Comte de Villèle
, introduced a first draft of the law into Parliament. The elections of December 1823, conducted under restricted census suffrage, had produced a heavy ultraroyalist majority in the Chamber of Deputies
, which was therefore dubbed Chambre retrouvée
(in reference to the ultra-royalist Chambre introuvable
elected after the Restoration
). Despite this majority, the bill failed as it was not accepted by the Chamber of Peers
.
After the accession of Charles X
in September of the same year, Villèle's government decided to seize the opportunity and reintroduced the bill, giving an increase in the stealing of sacred vessels (chalice
s and ciboria) as the reason.
The Villèle government initially envisaged graduating sentences. Concerning profanations, the sentences were to change according to various cases. If the profanation had been done on vessels containing holy objects, the crime was supposed to be punished by perpetual forced labour. If the profanation had been done on vessels containing consecrated hosts, the punishment was death. If it was on the hosts themselves, the death sentence was the same as that given to parricides: cutting off the right hand followed by decapitation
(a sentence in force during the Ancien Régime and repealed during the Revolution
, but reestablished in 1810). Following the debates, this last punishment was later replaced by an "honorable amend" made by the criminal before dying.
, the minister in charge of the law project, described the law as a "necessary expiation after so many years of indifference or impiety." He was followed by the Comte de Breteuil, who declared: "In order to make our laws respected, let us first make religion be respected." The counterrevolutionary
essayist Louis, Vicomte de Bonald
adamantly defended capital punishment before the Assembly.
opposition formed by the Doctrinaires
, including the Baron de Barante
, the Comte de Languinais, Pierre Paul Royer-Collard
and Benjamin Constant
, argued that the law created an interpenetration between human justice and God's judgment, and that the state was supposed do no more than protect freedom of religion. Royer-Collard argued, "Just like religion which is not of this world, human law is not of the invisible world; both worlds, which touch each others, should never be confused: the tomb is their limit." He declared the law "anti-constitutional" and as "violating freedom of thought
", imposing one specific religion over other ones. Benjamin Constant, a Protestant, argued that his religion itself prohibited him from voting for the law, as the real presence of the Christ in the host could be considered as such only by Catholics. Either the person said to be guilty believes in the dogma
and is therefore "insane", argued Constant, or he doesn't, in which case sacrilege cannot be said to be constituted therefore be punished only as a "heckler" (perturbateur).
Some reactionary
politicians argued in the same manner: the Comte de Lanjuinais
argued that the word of deicide
was in itself a blasphemy, and that the law could not "constitute itself judge of the offenses against God." Thus Justice Minister Peyronnet finally decided to limit the law to sacrileges "voluntarily and publicly" committed, as not to interfere with inner conscience and confession
. Peyronnet even made an analogy with "indecent assaults" (attentats à la pudeur): one shocks public morality only by committing such acts in public, not in private. The same goes, argued Peyronnet, in concerns with sacrilege. Peyronnet's argumentation was seen by the press as adventurous and ill-founded. Hugues Felicité Robert de Lamennais attacked Villèle's government in a pamphlet
, asking how a sacrilege can be a crime committed against religion but not against God.
s, without whom the death penalty would not have been adopted by the Chambre des pairs. The Anti-Sacrilege Act specified that for the sacrilege to be constituted, the act must take place "voluntarily, publicly and by hatred or contempt for religion."
, in the first months of King Louis-Philippe's reign.
Historian Jean-Noël Jeanneney
, former president of the Bibliothèque nationale de France
(2002–2007), deemed the law "anachronistic" and highlighted the Ultra-Royalists' position of Enlightenment
ideas by referring to the idea of non-intervention of the state in religious matters presented by the "Sacrilege" article in Diderot's and d'Alembert's Encyclopédie
..
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
law against blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
and sacrilege
Sacrilege
Sacrilege is the violation or injurious treatment of a sacred object. In a less proper sense, any transgression against the virtue of religion would be a sacrilege. It can come in the form of irreverence to sacred persons, places, and things...
passed in January 1825 under King Charles X
Charles X of France
Charles X was known for most of his life as the Comte d'Artois before he reigned as King of France and of Navarre from 16 September 1824 until 2 August 1830. A younger brother to Kings Louis XVI and Louis XVIII, he supported the latter in exile and eventually succeeded him...
. The law was never applied (except for a minor point) and was later revoked at the beginning of the July monarchy
July Monarchy
The July Monarchy , officially the Kingdom of France , was a period of liberal constitutional monarchy in France under King Louis-Philippe starting with the July Revolution of 1830 and ending with the Revolution of 1848...
under King Louis-Philippe.
The draft bill
In April 1824, King Louis XVIIILouis XVIII of France
Louis XVIII , known as "the Unavoidable", was King of France and of Navarre from 1814 to 1824, omitting the Hundred Days in 1815...
's government, headed by the Ultra-royalist
Ultra-royalist
Ultra-Royalists or simply Ultras were a reactionary faction which sat in the French parliament from 1815 to 1830 under the Bourbon Restoration...
Jean-Baptiste, Comte de Villèle
Jean-Baptiste Guillaume Joseph, comte de Villèle
Jean-Baptiste Guillaume Joseph Marie Anne Séraphin, comte de Villèle , was a French statesman. Several time Prime minister, he was a leader of the Ultra-royalist faction during the Bourbon Restoration.- Youth :...
, introduced a first draft of the law into Parliament. The elections of December 1823, conducted under restricted census suffrage, had produced a heavy ultraroyalist majority in the Chamber of Deputies
Chamber of Deputies
Chamber of deputies is the name given to a legislative body such as the lower house of a bicameral legislature, or can refer to a unicameral legislature.-Description:...
, which was therefore dubbed Chambre retrouvée
Chambre introuvable
La Chambre introuvable was the first Chamber of Deputies elected after the Second Bourbon Restoration in 1815. It was dominated by Ultra-royalists who completely refused to accept the results of the French Revolution...
(in reference to the ultra-royalist Chambre introuvable
Chambre introuvable
La Chambre introuvable was the first Chamber of Deputies elected after the Second Bourbon Restoration in 1815. It was dominated by Ultra-royalists who completely refused to accept the results of the French Revolution...
elected after the Restoration
Bourbon Restoration
The Bourbon Restoration is the name given to the period following the successive events of the French Revolution , the end of the First Republic , and then the forcible end of the First French Empire under Napoleon – when a coalition of European powers restored by arms the monarchy to the...
). Despite this majority, the bill failed as it was not accepted by the Chamber of Peers
Peerage of France
The Peerage of France was a distinction within the French nobility which appeared in the Middle Ages. It was abolished in 1789 during the French Revolution, but it reappeared in 1814 at the time of the Bourbon Restoration which followed the fall of the First French Empire...
.
After the accession of Charles X
Charles X of France
Charles X was known for most of his life as the Comte d'Artois before he reigned as King of France and of Navarre from 16 September 1824 until 2 August 1830. A younger brother to Kings Louis XVI and Louis XVIII, he supported the latter in exile and eventually succeeded him...
in September of the same year, Villèle's government decided to seize the opportunity and reintroduced the bill, giving an increase in the stealing of sacred vessels (chalice
Chalice (cup)
A chalice is a goblet or footed cup intended to hold a drink. In general religious terms, it is intended for drinking during a ceremony.-Christian:...
s and ciboria) as the reason.
The Villèle government initially envisaged graduating sentences. Concerning profanations, the sentences were to change according to various cases. If the profanation had been done on vessels containing holy objects, the crime was supposed to be punished by perpetual forced labour. If the profanation had been done on vessels containing consecrated hosts, the punishment was death. If it was on the hosts themselves, the death sentence was the same as that given to parricides: cutting off the right hand followed by decapitation
Decapitation
Decapitation is the separation of the head from the body. Beheading typically refers to the act of intentional decapitation, e.g., as a means of murder or execution; it may be accomplished, for example, with an axe, sword, knife, wire, or by other more sophisticated means such as a guillotine...
(a sentence in force during the Ancien Régime and repealed during the Revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
, but reestablished in 1810). Following the debates, this last punishment was later replaced by an "honorable amend" made by the criminal before dying.
The government's argument
The Comte de PeyronnetPierre-Denis, Comte de Peyronnet
Pierre-Denis, comte de Peyronnet was the President of the Bordeaux Court in France in 1815, Minister of Justice from 1821 to 1828 and four times Minister of Interior. Opposed to Napoleon's Empire, he rallied himself to the Bourbons during the Restoration...
, the minister in charge of the law project, described the law as a "necessary expiation after so many years of indifference or impiety." He was followed by the Comte de Breteuil, who declared: "In order to make our laws respected, let us first make religion be respected." The counterrevolutionary
Counterrevolutionary
A counter-revolutionary is anyone who opposes a revolution, particularly those who act after a revolution to try to overturn or reverse it, in full or in part...
essayist Louis, Vicomte de Bonald
Louis Gabriel Ambroise de Bonald
Louis Gabriel Ambroise, Vicomte de Bonald , was a French counter-revolutionary philosopher and politician.-Life:...
adamantly defended capital punishment before the Assembly.
The opponents' arguments
Some members of the liberalLiberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
opposition formed by the Doctrinaires
Doctrinaires
Doctrinaires was the name given during the Bourbon Restoration to the little group of French Royalists who hoped to reconcile the Monarchy with the Revolution, and power with liberty...
, including the Baron de Barante
Amable Guillaume Prosper Brugière, baron de Barante
Amable Guillaume Prosper Brugière, baron de Barante was a French statesman and historian.Barante was born at Riom, Puy-de-Dôme, the son of an advocate. At the age of sixteen he entered the École Polytechnique at Paris, and at twenty obtained his first appointment in the civil service...
, the Comte de Languinais, Pierre Paul Royer-Collard
Pierre Paul Royer-Collard
Pierre Paul Royer-Collard , was a French statesman and philosopher, leader of the Doctrinaires group during the Bourbon Restoration .-Biography:...
and Benjamin Constant
Benjamin Constant
Henri-Benjamin Constant de Rebecque was a Swiss-born French nobleman, thinker, writer and politician.-Biography:...
, argued that the law created an interpenetration between human justice and God's judgment, and that the state was supposed do no more than protect freedom of religion. Royer-Collard argued, "Just like religion which is not of this world, human law is not of the invisible world; both worlds, which touch each others, should never be confused: the tomb is their limit." He declared the law "anti-constitutional" and as "violating freedom of thought
Freedom of thought
Freedom of thought is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints....
", imposing one specific religion over other ones. Benjamin Constant, a Protestant, argued that his religion itself prohibited him from voting for the law, as the real presence of the Christ in the host could be considered as such only by Catholics. Either the person said to be guilty believes in the dogma
Dogma
Dogma is the established belief or doctrine held by a religion, or a particular group or organization. It is authoritative and not to be disputed, doubted, or diverged from, by the practitioners or believers...
and is therefore "insane", argued Constant, or he doesn't, in which case sacrilege cannot be said to be constituted therefore be punished only as a "heckler" (perturbateur).
Some reactionary
Reactionary
The term reactionary refers to viewpoints that seek to return to a previous state in a society. The term is meant to describe one end of a political spectrum whose opposite pole is "radical". While it has not been generally considered a term of praise it has been adopted as a self-description by...
politicians argued in the same manner: the Comte de Lanjuinais
Jean Denis, comte Lanjuinais
Jean Denis, comte Lanjuinais was a French politician, lawyer, jurist, journalist, and historian.-Early career:...
argued that the word of deicide
Deicide
Deicide is the killing of a god. The term deicide was coined in the 17th century from medieval Latin *deicidium, from de-us "god" and -cidium "cutting, killing")...
was in itself a blasphemy, and that the law could not "constitute itself judge of the offenses against God." Thus Justice Minister Peyronnet finally decided to limit the law to sacrileges "voluntarily and publicly" committed, as not to interfere with inner conscience and confession
Confession
This article is for the religious practice of confessing one's sins.Confession is the acknowledgment of sin or wrongs...
. Peyronnet even made an analogy with "indecent assaults" (attentats à la pudeur): one shocks public morality only by committing such acts in public, not in private. The same goes, argued Peyronnet, in concerns with sacrilege. Peyronnet's argumentation was seen by the press as adventurous and ill-founded. Hugues Felicité Robert de Lamennais attacked Villèle's government in a pamphlet
Pamphlet
A pamphlet is an unbound booklet . It may consist of a single sheet of paper that is printed on both sides and folded in half, in thirds, or in fourths , or it may consist of a few pages that are folded in half and saddle stapled at the crease to make a simple book...
, asking how a sacrilege can be a crime committed against religion but not against God.
Vote
Following long and passionate debates, the project was adopted by the Peers' Chamber by 127 voices against 96, then by the deputies by 210 voices against 95. The text benefited from the support of the thirteen peers who were also prelatePrelate
A prelate is a high-ranking member of the clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin prælatus, the past participle of præferre, which means "carry before", "be set above or over" or "prefer"; hence, a prelate is one set over others.-Related...
s, without whom the death penalty would not have been adopted by the Chambre des pairs. The Anti-Sacrilege Act specified that for the sacrilege to be constituted, the act must take place "voluntarily, publicly and by hatred or contempt for religion."
Impact and evaluation
The law was never applied (except for a minor point) and was revoked after the 1830 July RevolutionJuly Revolution
The French Revolution of 1830, also known as the July Revolution or in French, saw the overthrow of King Charles X of France, the French Bourbon monarch, and the ascent of his cousin Louis-Philippe, Duke of Orléans, who himself, after 18 precarious years on the throne, would in turn be overthrown...
, in the first months of King Louis-Philippe's reign.
Historian Jean-Noël Jeanneney
Jean-Noël Jeanneney
Jean-Noël Jeanneney is a French historian and politician, born on 2 April 1942 in Grenoble. He is the son of Jean-Marcel Jeanneney and the grandson of Jules Jeanneney, both important figures in French politics.-Education:...
, former president of the Bibliothèque nationale de France
Bibliothèque nationale de France
The is the National Library of France, located in Paris. It is intended to be the repository of all that is published in France. The current president of the library is Bruno Racine.-History:...
(2002–2007), deemed the law "anachronistic" and highlighted the Ultra-Royalists' position of Enlightenment
Age of Enlightenment
The Age of Enlightenment was an elite cultural movement of intellectuals in 18th century Europe that sought to mobilize the power of reason in order to reform society and advance knowledge. It promoted intellectual interchange and opposed intolerance and abuses in church and state...
ideas by referring to the idea of non-intervention of the state in religious matters presented by the "Sacrilege" article in Diderot's and d'Alembert's Encyclopédie
Encyclopédie
Encyclopédie, ou dictionnaire raisonné des sciences, des arts et des métiers was a general encyclopedia published in France between 1751 and 1772, with later supplements, revised editions, and translations. It was edited by Denis Diderot and Jean le Rond d'Alembert...
..
See also
- Bourbon RestorationBourbon RestorationThe Bourbon Restoration is the name given to the period following the successive events of the French Revolution , the end of the First Republic , and then the forcible end of the First French Empire under Napoleon – when a coalition of European powers restored by arms the monarchy to the...
- Dechristianisation of France during the French RevolutionDechristianisation of France during the French RevolutionThe dechristianisation of France during the French Revolution is a conventional description of the results of a number of separate policies, conducted by various governments of France between the start of the French Revolution in 1789 and the Concordat of 1801, forming the basis of the later and...
- France in the nineteenth centuryFrance in the nineteenth centuryThe History of France from 1789 to 1914 extends from the French Revolution to World War I and includes:*French Revolution *French First Republic *First French Empire under Napoleon...
- Roman Catholicism in FranceRoman Catholicism in FranceThe Roman Catholic Church of France, sometimes called the "eldest daughter of the Church" owing to its early and unbroken communion with the bishop of Rome, is part of the worldwide Catholic Church...