Sacrilege

Sacrilege is the violation or injurious treatment of a sacred object, site or person. This can take the form of irreverence to sacred persons, places, and things. When the sacrilegious offence is verbal, it is called blasphemy, and when physical, it is often called desecration. In a less proper sense, any transgression against what is seen as the virtue of religion would be a sacrilege, and so is coming near a sacred site without permission.

Most ancient religions have a concept analogous to sacrilege, often considered as a type of taboo. The basic idea is that realm of sacrum or haram stands above the world of profanum and its instantiations, see the Sacred–profane dichotomy.

Etymology

The term "sacrilege" originates from the Latin ''sacer'', meaning sacred, and ''legere'', meaning to steal. In Roman times, it referred to the plundering of temples and graves. By the time of Cicero, sacrilege had adopted a more expansive meaning, including verbal offences against religion and the undignified treatment of sacred objects.

Owing to the phonetic similarities between the words ''sacrilegious'' and ''religious'', and their spiritually-based uses in modern English, many people mistakenly assume that the two words are etymologically linked, or that one is an antonym of the other. Religious is derived from the Latin word ''religio'', meaning " reverence, religion", (from ''religare'', "to bind o the god; Tully derived it from ''re-'' gainand ''legere'' o read, whereas ''sacrilegious'' is derived ultimately from the Latin combining form ''sacr-'', meaning sacred, and the verb ''legere'', meaning "to steal", "to collect", or "to read". The Latin noun ''sacrilegus'' thus means "one who steals sacred things".¹

Christianity

With the advent of Christianity as the official religion of the Roman Empire, the Emperor Theodosius criminalized sacrilege in an even more expansive sense, including heresy, schism, and offenses against the emperor, such as tax evasion.

By the Middle Ages, the concept of sacrilege was again restricted to physical acts against sacred objects, and this forms the basis of all subsequent Catholic teachings on the subject. A major offence was to tamper with a consecrated host, otherwise known as the ''Body of Christ''.

Most modern nations have abandoned laws against sacrilege out of respect for freedom of expression, except in cases where there is an injury to persons or property. In the United States, the U.S. Supreme Court case ''Burstyn v. Wilson'' (1952) struck down a statute against sacrilege, ruling that the term could not be narrowly defined in a way that would safeguard against the establishment of one church over another and that such statutes infringed upon the free exercise of religion and freedom of expression.

Despite their decriminalisation, sacrilegious acts are still sometimes regarded with strong disapproval by the public, even by nominal or former members and non-adherents of the offended religion, especially when these acts are perceived as manifestations of hatred toward a particular sect or creed.

Catholic Church

According to Catholic theology sacrilege is classified as personal, local, or real.

Personal sacrilege is irreverence shown to a person consecrated by religious vows (monks, nuns, etc.) or by holy orders (deacons, priests, bishops). Ridiculing, mocking, or abusing members of the clergy is considered personal sacrilege, as often the animosity is directed not at the person themselves but at the Church or at God whom they represent. Whenever those in religious or clerical life violate the sixth Commandment and break their vow of chastity, it is considered a personal sacrilege on their part. Laying violent hands on a cleric used to incur an automatic excommunication according to the 1917 Code of Canon Law. Since 1983, only someone who physically attacks the pope is excommunicated.

Local sacrilege is the violation and desecration of sacred places and space. Robbing or vandalizing a church, chapel, oratory, convent, or monastery would be of this category. It could also be committing immoral and sinful acts inside a sacred building, such as murder or sexual acts. The 1917 Code considered the burial of a publicly excommunicated person in a Catholic cemetery or hallowed ground to be sacrilege. The current 1983 Code makes no mention of it.

Real sacrilege is the contemptuous irreverence shown for sacred things, especially the Seven Sacraments or anything used for divine worship (altars, vestments, chalices, tabernacles, et al.). This can happen first of all by the administration or reception of the sacraments in the state of mortal sin, as such as receiving Communion, as also by advertently doing any of those things invalidly. Using sacred vessels for secular use, such as a chalice to drink cocktails, or using common items like paper plates and Styrofoam cups for liturgical worship, are also examples of real sacrilege. The worst kind is desecration of the Blessed Sacrament, as it is the most important and most sacred item in Catholicism (far more than any relic or historical artifact whatsoever).

England and Wales

In Post-Reformation England, sacrilege was a criminal offence for centuries, though its statutory definition varied considerably. Most English dictionaries of the seventeenth and eighteenth centuries appealed to the primary sense of stealing objects from a church.

Criminal law was consolidated by Peel's Acts from 1828. Of these, 7 & 8 Geo 4 c 27 repealed the provisions of 1 Ed 6 c 12 in relation to sacrilege, while two created new laws around larceny: 7 & 8 Geo 4 c 29 for England and Wales, and 9 Geo 4 c 55 for Ireland. Section 10 of each was identical:

Both of those sections were replacedJames Edward Davis, The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100: Edited with Notes, Critical and Explanatory, Butterworths, 1861
p 58
/ref> by section 50 of the Larceny Act 1861, which was described by its marginal note as "breaking and entering a church or chapel and committing any felony" and which read:

This offence was not triable at quarter sessions

Section 50 of the Larceny Act 1861 was repealed by section 48(1) of, and the schedule to, the Larceny Act 1916. It was replaced by section 24 of the Larceny Act 1916 which provided:

The words "arrestable offence" were substituted for the word "felony", in subsections (1) and (2), b
section 10(1)
of, and paragraph 12(1) o
Schedule 2
to, the Criminal Law Act 1967.

Section 24 was replaced by sections 9 and 10 of the Theft Act 1968 (which create the offences of burglary and aggravated burglary.Griew, Edward. The Theft Acts 1968 and 1978. Sweet and Maxwell. Fifth Edition. 1986. Paragraph 4-01 at page 84.

As violence, self-harm and pride

Violence against God was the sign of arrogance which brought attributes of a divine nature down to the material world, while their existence belonged to gods and thus was inviolable.

See also

*Anti-Sacrilege Act
*Blasphemy
*Desecration
*Host desecration
*Sin

Notes

7. The Editors of Encyclopædia Britannica. (n.d.). Theodosian Code. Retrieved March 31, 2017, from https://www.britannica.com/topic/Theodosian-Code

External links

Sacrilege
Catholic Encyclopedia
*Webster's Dictionary of English Usage 1989
*Magda Teter, ''Sinners on Trial: Jews and Sacrilege after the Reformation'' (Harvard University Press, 2011), {{ISBN, 978-0-674-05297-0

Religion and law