Profane Language.

Manawatu Herald, 26 May 1894, Page 2

Profane Language.

The following is the fall text of the judgment given by Mr Brabant in the Marton S.M. Court on Tuesday. We print it because it is not only an able one and exhibits much painstaking, reaearch; but because it involves some difficult and delicate points of law ':— *• ;■ : .In this. . cage the. r defendant was charged, on the infpr-matipn. of stable Mpon, with a breach of section 24 of "The Police Offences ..Act, 1884," by making use of . profano language in the streets of Marton. The facts proved are that on Sunday, 15 th April, the Salvation Army were holding a service in the public, street at Marton. One of their body was preaching or speaking to the people assembled, and was dwelling on the love of God in sending his son, Jesus Christ, to save sinners, when the defendant, who had been standing on the other side of the street, came over aud said to the preacher, in a rude insulting way, " Jesus Christ was only a bastard, anyhow.' 1 He repeated this language several times. The defendgnt's counsel argued that though this might be "blasphemous language," yet it was not '*'* pi'dtane language," which, he saidj : nieant " profane swearing," and that- the language used, however insulting it might be, was not within the section. I took time to consider tny decision. I had not at the time, of course, any doubt that the language was in the highest degree blasphemous in. the general acceptation of the word ; nor, as I pointed out, had I any difficulty in deoiding that it' was language calculated to provoke a breach of the peace, and if the offence had been laid under section 8 of the Act I should have convicted at once. When . 1 defewe^ rWr decision I supposed that I' should' have no difficulty in finding ,an authoritative definition bn 4 What >s profane language, Ihave nop, however been able td do' so; There are cases in which; the la\v dffiMgiaa-r/^ ous libel is discussed..~And however .^ the law may have i ber n: altered! .is^T } was pointed out '..by. Mr jflpben,^ ']_ blasphemous libel is as [Offenc^i,;"* under the new Criminal. Code /Act", .*? In an old case of Rex; y> tv (Vent. 293), Lord Hale decided .thai ;w the use of the very words .used by the defendant were a crime against the laws, and punishable .in th^ ■ courts. In the case of Bex v. Ten* .-! terden (1 B & 0 25) the wbrds;3be|^^ the courts were hot bo gjtofex-fflwb words were, " impoßtei'j. nurcdaver' and fanatic." The -Lpr&Cbief Justice said that these words were a blasphemous libelr " And r it was laid down by Lord Coleridge Jri'reßß. . that the law is still thesanie IHaia ''**; down by Lord Hale. in/Jjfcex > Tuvjcjiv nr That was in "the! case. ;6f $egi(jiu j&aQ. Ramsay and Foote, (15, /C,C.Q,, ' 231.) Part of tho head note to t^^6 . j" case is " The lneffi denial- of t^^j ', truth of the Christian religion or' of* the Scriptures is not enough per te — to constitute a writing blasphemous, libel so as to render the writer :or publisher indictable. But indecent and offensive attacks. on.Cbristianity or the Scriptures .or sacred persons or objects, calculated to outrage the feelings of the general body 6( the community».do..Ofln^titu.tß the^ offence of blasphemy ti jknd^ tender ; writers ov publishers '■■■$pi\9 :^'o^ common law to criminal prbseoa-: tion;".. So in thepase of^ltftgtea^ Bi'adlaugh, a! ..MmilaiJv pro^ftS^ii^-1 also before Lord Chwf Justice -JGo|e^ ridge, it was laid down that "«|^rbJr -t Kcations discussing wjtbf^vayxty'aßd. decency, and in an argunisi|ijiitiye^ way,, questions., as , to . .GfiTis^ifinT: doctrine or-statements in the^bri&yir^ Scriptures^ and . even questioriibg their truth, are not. to- be deemed blasphemous, so as to be fit subjects for criminal prosecution, . but puK' lications which, in an indecent^and • malicious spirit, assail and asperiethe truth of Christianity or of the Scriptures in language calculated and intended to shock the feelings^ „. and outrage the belief of nfanlind> , are properly to be regarded as blasphemous libels." That- •£ -be* lieve to be the law as to blasphemous libel to this day in New Zealand, ; because, although the common' la vr .'. offences have been abolished, blasphemous libel is a statutory one >'; under the Criminal Coda Act of 1893. I have referred to thi3 law as laid down by Lord Coleridge,' because the words used in Regina v. Bvadlaugh seem to fit the present case bo well. The defendant seems to have in an indecent and malicious spirit assailed .and aspersed the truth of Christianity of of the ; Scriptures in language calculated and intended to shock the feelings and outrage the beliefs of mankind. And the law of

blasphemous libel may, I think, be instructive in this way to show what was most likely meant by profane language. I cannot find any judical interpretation of the words profane language. There is none in Stroud's r Judicial Dictionary. Whar ton's ' Law Lexicon defines profaneness as irreverence of what is sacred. I hav&alao consulted several English dictionaries. The largest in the Wanganui Library (Ogilvie's) gives ♦•blasphemous," adj., as meaning . M impiously irreverent or reproachful •^towards God ;" and " profane," ' 'adj., as meaning " irreverent as proceeding from a contempt of sacred things or implying it, as profane words or proiane swearing ;" and an example is given thus—" A man is profane when he takes the name * of God in vain." Then •' profaneness or profanity " is defined to be •• irreverence of sacred things, particularly the use of language whioh implies irreverence towards God— the taking of God's name in tain." According to this authority, the difference between "blasphemous" and " profane " is. scarcely appreciable. Further, the. definitions do not go to confirm Mr Cohen's contention that profane language is necessarily profane swearing. The words are " irraverant as proceeding from a contempt of sacred things, or implying it, as profane words or profane swearing." I decide that the language used by the defendant is* profane language within the meaning of section 24 of the Police Offences Act, and convict him accordingly ,-*-A dvocate.