| Act of Parliament | |
.svg) | |
| Long title | An Acte for the punishment of the vice of Buggerie. |
|---|---|
| Citation | 25 Hen. 8. c. 6 |
| Territorial extent | |
| Dates | |
| Royal assent | 30 March 1534 |
| Commencement | 15 January 1534[b] |
| Repealed |
|
| Other legislation | |
| Amended by | |
| Repealed by | |
| Relates to | Offences against the Person Act 1861 |
Status: Repealed | |
| Text of statute as originally enacted | |
TheBuggery Act 1533,[a] formallyAn Acte for the punishment of the vice of Buggerie (25 Hen. 8. c. 6), was anact of theParliament of England that was passed during the reign ofHenry VIII.
The act was the country's first civilsodomy law, such offences having previously been dealt with by theecclesiastical courts.
The termbuggery, not defined in the text of the legislation, was later interpreted by the courts to include onlyanal penetration andbestiality, regardless of the sex of the participants, but notoral penetration.[1] The act remained in force until it was repealed and replaced by theOffences Against the Person Act 1828 (9 Geo. 4. c. 31). Buggery remained acapital offence until 1861, though the last executions were in 1835.
The act was piloted throughParliament by Henry VIII's ministerThomas Cromwell (though it is unrecorded who actually wrote the bill), and punished "the detestable and abominable Vice of Buggery committed with Mankind or Beast". Prior to the 1550s, the term "Buggery" was not used in a homosexual sense, rather related to any sexual activity not related to procreation, regardless of sex or species involved in the sexual act, and also covered sexual crimes of a non-consensual nature. The law was not designed to police sexual activity, rather was simply taking a canon law and making it a civil law, a test case in removing church power. "Buggery" was not further defined in the law.[2] According to the act:
the offenders being hereof convict[ed] by verdict confession or outlawry, shall suffer such pains of death, and losses and penalties of their good chattels debts lands tenements and hereditaments, as felons be accustomed to do, according to the Order of the Common Laws of this Realm; and that no person offending in any such offence shall be admitted to his Clergy ...[3]
This meant that a convicted sodomite's possessions could be confiscated by the government, rather than going to their next of kin, and that even priests and monks could be executed for the offence—even though they could not be executed for murder.[3] In moving what had previously been an offence tried by ecclesiastical courts into the secular ones, Henry may have intended it as a simple expression of political power along with other contemporary acts such asSubmission of the Clergy Act 1533 (25 Hen. 8 c. 19) and one year before theAct of Supremacy 1534 (26 Hen. 8. c. 1).[4] However Henry later used the law to execute monks and nuns (thanks to information his spies had gathered) and take their monastery lands—the same tactics had been used 200 years before byPhilip IV of France against theKnights Templar.[5]
In July 1540,Walter Hungerford, 1st Baron Hungerford of Heytesbury, was charged withtreason for harbouring a known member of thePilgrimage of Grace movement. He was also accused of buggery, as he was suspected of raping his own daughter. Hungerford was beheaded atTower Hill,[6] on 28 July 1540, the same day as Thomas Cromwell.[6]
Nicholas Udall, a cleric,playwright, and Headmaster ofEton College, was the first to be charged with violation of the Act alone in 1541, for sexually abusing his pupils. In his case, the sentence was commuted toimprisonment and he was released in less than a year. He went on to become headmaster ofWestminster School.
The act was repealed in 1553 on accession of the staunchlyCatholicQueen Mary, who preferred such legal matters adjudicated inecclesiastical courts.[which?] However, it was re-enacted by QueenElizabeth I in 1562, by the Sodomy Act 1562 (5 Eliz. 1. c. 17), "An act for the punishment of the vice of buggery".[7] Although "homosexual prosecutions throughout the sixteenth century [were] sparse" and "fewer than a dozen prosecutions are recorded up through 1660 ... this may reflect inadequate research into the subject, and a scarcity of extant legal records."[8] In 1631Mervyn Tuchet, 2nd Earl of Castlehaven, wasbeheaded because of his rank. Numerous prosecutions that resulted in a sentence of hanging are recorded in the 18th and early 19th centuries.[9]
Even if the charge of sodomy was reduced for lack of evidence to a charge of attempted buggery, the penalty was severe: imprisonment and some time on thepillory. "The lesser punishment—to be stood in the pillory—was by no means a lenient one, for the victims often had to fear for their lives at the hands of an enraged multitude armed withbrickbats as well as filth and curses ... the victims in the pillory, male or female, found themselves at the centre of an orgy of brutality and mass hysteria, especially if the victim were amolly."[10][11]
Periodicals of the time sometimes casually named known sodomites, and at one point even suggested that sodomy was increasingly popular. This does not imply that sodomites necessarily lived in security.
InRex v Samuel Jacobs (1817), it was concluded thatfellatio between an adult man and an underage boy was not punishable under the act.[12] The courts had previously established, inRex v Richard Wiseman in 1716, that heterosexual sodomy was considered buggery under the meaning of the 1533 Act.[13]
In light ofR v Jacobs, fellatio thus remained lawful until the passage of theLabouchère Amendment in 1885, which added the charge ofgross indecency to the traditional term of sodomy.
The last two Englishmen who were hanged for sodomy were executed in 1835, whenJames Pratt and John Smith died in front of theNewgate Prison inLondon on 27 November.[14][15]
The act was continued until the end of the next parliament by section 1 of theContinuance of Laws Act 1536 (28 Hen. 8. c. 6).
The act was continued until the end of the next parliament by section 1 of theContinuance of Laws Act 1539 (31 Hen. 8. c. 7).
The act was made perpetual by thePerpetuation of Laws Act 1540 (32 Hen. 8. c. 3).
The whole act was repealed by section 1 of theOffences Against the Person Act 1828 (9 Geo. 4. c. 31) and by section 125 of theCriminal Law (India) Act 1828 (9 Geo. 4. c. 74). It was replaced by section 15 of the Offences Against the Person Act 1828, and section 63 of the Criminal Law (India) Act 1828, which provided that buggery would continue to be a capital offence. The new Act expressly specified that conviction of buggery no longer required proof of completion ("emission of seed") and that evidence of penetration was sufficient for conviction.[16]
Buggery remained acapital offence in England and Wales until the enactment of theOffences against the Person Act 1861 (24 & 25 Vict. c. 100).
The United Kingdom Parliament repealed buggery laws for England and Wales in 1967 (in so far as they related to consensual homosexual acts in private between people over the age of 21), ten years after theWolfenden report. Jurisdictions in many former colonies have retained such legislation, as in theAnglophone Caribbean. Heterosexual sodomy, i.e. anal sex, remained a criminal offence, regardless of consent, until theCriminal Justice and Public Order Act 1994 decriminalised it for adults. In 2001, the age of consent for male homosexual acts and for heterosexual anal sex was reduced from 18 to 16, which is also the age of consent for all other types of sexual intercourse.
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