Buggery Act 1533
From The Art and Popular Culture Encyclopedia
"The Buggery Act 1533" is an English law that decrees a penalty of death for "the detestable and abominable Vice of Buggery committed with mankind or beast." --Sholem Stein |
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The Buggery Act of 1533 (25 Hen. VIII c. 6) was an English sodomy law which existed from 1534 to 1861. It was established during the reign of Henry VIII, and was the first civil legislation applicable against sodomy in the country, such offences having previously been dealt with by ecclesiastical courts. The law defined buggery as an unnatural sexual act against the will of God and man. This was later defined by the courts to include only anal penetration and bestiality.
R v Jacobs (1817) Russ & Ry 331 confirmed that buggery related only to intercourse per anum by a man with a man or woman, or intercourse per anum or per vaginam by either a man or a woman with an animal. Other forms of "unnatural intercourse" may amount to indecent assault or gross indecency, but do not constitute buggery (see generally: Smith & Hogan, Criminal Law (10th ed.) ISBN 0-406-94801-1)
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Notable convictions under the Act:
- Mervyn Tuchet, 2nd Earl of Castlehaven, 1631
- John Atherton, Bishop of Waterford, 1640
- Vere Street Coterie, 1810
- Percy Jocelyn, Bishop of Clogher, 1822