King Henry VIII ushered in a significant shift by enacting the Buggery Act of 1533, marking the first instance of homosexual activity being criminalized under civil law. Previously, such conduct fell under the jurisdiction of ecclesiastical courts (churches). The Act condemned same-sex relations as 'the detestable and abominable vice of buggery', decreeing death sentences for the convicted. Even members of the clergy faced execution, a departure from their usual immunity regarding murder charges. This juxtaposition hints at both the severity attributed to buggery and Henry VIII's strategic use of civil law to curtail the Catholic Church's authority—a move underscored by the subsequent Act of Supremacy, which declared him the Supreme Head of the Church of England in 1534. Despite the monarch's intentions, the legacy of the Buggery Act endured, remaining in various forms until its repeal in England and Wales in 1967, underscoring the enduring impact of Henry VIII's reign on modern legal systems.
In July 1540, Walter Hungerford, the 1st Baron Hungerford and proprietor of the historic Farleigh Hungerford Castle, met a grim fate as the inaugural individual to face execution under the Buggery Act. Alongside allegations of buggery, Hungerford found himself accused of treason and witchcraft, charges undoubtedly orchestrated for political ends to discredit both him and Thomas Cromwell, Henry VIII’s principal minister. Their shared destiny culminated in execution on Tower Hill, London, signaling the ruthless political climate of the time.
On November 27, 1835, a crowd gathered outside Newgate Prison in the City of London to witness a significant event: the final execution of men for buggery in two years. James Pratt (1805–1835), also known as John Pratt, and John Smith (1795–1835), both London residents, faced this grim fate in November 1835, marking the end of an era. Their arrest in August of that year followed their conviction for engaging in sexual activity within the premises of another man, William Bonill.
As the noose tightened, Smith reportedly conveyed a poignant sentiment to a friend: "The grave will soon close over me, and my name will be entirely forgotten." Their deaths marked the culmination of an era, being the last two men executed in England for buggery. Although the Buggery Act had been repealed by the Offences against the Person Act 1828, buggery remained punishable by death until the enactment of the Offences Against the Person Act 1861, which substituted deportation or lengthy imprisonment for the death penalty. Finally, the decriminalization of homosexuality in Great Britain came with the Sexual Offences Act of 1967, marking a significant shift in societal attitudes and legal frameworks.
FORASMUCH as there is not yet sufficient and condign punishment appointed and limited by the due course of the laws of this realm, for the detestable and abominable vice of buggery committed with mankind or beast:
(2) it may therefore please the King’s highness, with the assent of his lords spiritual and temporal, and the commons of this present parliament assembled, That it may be enacted by authority of the same, that the same offence be from henceforth adjudged felony, and such order and form of process therein to be used against the offenders as in cases of felony at the common law;
(3) and that the offenders being hereof convict by verdict, confession, or outlawry, shall suffer such pains of death, and losses and penalties of their goods, chattels, debts, lands, tenements and hereditaments, as felons be accustomed to do, according to the order of the common laws of this realm;
(4) and that no person offending in any such offence, shall be admitted to his clergy;
(5) and that justices of peace shall have power and authority, within the limits of their commissions and jurisdiction, to hear and determine the said offense, as they do use to do in cases of other felonies.
(6) this act to endure till the last day of the next parliament.
When British settlers and religious missionaries immigrated to the United States, they brought with them many of Englands laws including the Buggery Act. Christian missionaries also brought with them the teachings of the church. For the first two years of U.S. history, "sodomy laws" prohibited not only anal sex, but all forms of sex other than sex for procreation.
These laws and religious beliefs shaped views of what became later known as homosexuality. These laws values were imposed on Native Americans and clashed with "Two Spirit" identities and tradition held by many native tribes. The impact of the Buggery Act and religious dogma around same sex sexual acts fueled homophobia and set the foundation for all that follows in this exhibit.