Profane Oaths Act 1745
Encyclopedia
The Profane Oaths Act 1745 (19 Geo. II, c.21) was an Act
of the Parliament of Great Britain
passed in 1746, in effect from 1 June 1746, and formally repealed in 1967. It established a system of fines payable for "profane cursing and swearing".
The preamble described the ubiquity of the "horrid, impious, and execrable vices of profane cursing and swearing" in the country, noting that this "may justly provoke the divine vengeance to increase the many calamities these nations now labour under", and that the existing laws designed to prevent this were ineffective. It is worth noting, however, that many of the provisions in this Act were essentially the same as those in the 1694 Act which it replaced.
All convictions were to take place within eight days of the offence, be recorded in a specified form, and archived in the county records.
for any person at or above the degree of a gentleman; 2s for any person below that degree; and 1s for a "day labourer" or any common soldier, sailor or seaman. A second offence was to be fined at double the rate, and a third or later offence at treble. Should an offender not pay the fine or give security, they were to be imprisoned in the house of correction for ten days of hard labour; if a soldier or seaman, they were to be set in the stocks for an hour (or for two hours, for multiple offences). The offender was liable for all costs - or for six additional days imprisonment if costs were not paid - and all fines were to be disposed of to the poor of the parish.
Any justice
or magistrate
who avoided carrying out their duties under the Act were to be fined £5, half going to the informant and half to the parish poor relief; any constable or peace officer doing the same was liable to a fine of 40s, divided the same way, and if unable to meet this was liable to a month's imprisonment.
The Act was to be read four times a year in all parish churches and public chapels, with the parson or curate liable to a fine of £5 if this duty was omitted.
.
.
Today swearing in public is often dealt with by the police and courts under section 5 of the Public Order Act 1986
. However a person is only guilty of this offence if it is committed "within the hearing or sight of a person likely to be caused harassment, alarm or distress
thereby."
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
passed in 1746, in effect from 1 June 1746, and formally repealed in 1967. It established a system of fines payable for "profane cursing and swearing".
The preamble described the ubiquity of the "horrid, impious, and execrable vices of profane cursing and swearing" in the country, noting that this "may justly provoke the divine vengeance to increase the many calamities these nations now labour under", and that the existing laws designed to prevent this were ineffective. It is worth noting, however, that many of the provisions in this Act were essentially the same as those in the 1694 Act which it replaced.
Overview
The Act established that any person who cursed profanely or swore, on the conviction by the oath of witnesses in front of a justice of the peace or by their own confession, was liable to be fined; if the crime took place in front of a justice of the peace (or a town's mayor, bailiff, etc.), then they could be convicted requiring no other evidence. Any constable or peace officer who observed anyone not known to them breaking the Act was empowered to arrest the person and bring them before the justice, where they were to be convicted on the officer's oath; if the person was known to them, they were to lay that information before the justices, who were to charge them to appear for conviction.All convictions were to take place within eight days of the offence, be recorded in a specified form, and archived in the county records.
Fines
The fines were established at 5sShilling
The shilling is a unit of currency used in some current and former British Commonwealth countries. The word shilling comes from scilling, an accounting term that dates back to Anglo-Saxon times where it was deemed to be the value of a cow in Kent or a sheep elsewhere. The word is thought to derive...
for any person at or above the degree of a gentleman; 2s for any person below that degree; and 1s for a "day labourer" or any common soldier, sailor or seaman. A second offence was to be fined at double the rate, and a third or later offence at treble. Should an offender not pay the fine or give security, they were to be imprisoned in the house of correction for ten days of hard labour; if a soldier or seaman, they were to be set in the stocks for an hour (or for two hours, for multiple offences). The offender was liable for all costs - or for six additional days imprisonment if costs were not paid - and all fines were to be disposed of to the poor of the parish.
Any justice
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
or magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
who avoided carrying out their duties under the Act were to be fined £5, half going to the informant and half to the parish poor relief; any constable or peace officer doing the same was liable to a fine of 40s, divided the same way, and if unable to meet this was liable to a month's imprisonment.
The Act was to be read four times a year in all parish churches and public chapels, with the parson or curate liable to a fine of £5 if this duty was omitted.
Repeal of earlier Acts
The Act repealed the existing legislation on the matter, the Profane Swearing Act 1623 and the Profane Swearing Act 1694Profane Swearing Act 1694
The Profane Swearing Act 1694 was an Act of the Parliament of England in effect from 24 June 1695 and repealed in 1746...
.
Repeal of 1745 Act
The 1745 Act was formally repealed by the Criminal Law Act 1967Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
.
Today swearing in public is often dealt with by the police and courts under section 5 of the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
. However a person is only guilty of this offence if it is committed "within the hearing or sight of a person likely to be caused harassment, alarm or distress
Harassment, Alarm or Distress
Harassment, alarm or distress is a statutory offence in England and Wales. It is also a term of art used in sections 4A and 5 of the Public Order Act 1986 .-The offence:...
thereby."