Bizarre Laws & Curious Customs of the UK (Volume 3): Bizarre Laws & Curious Customs of the UK, #3

By Monty Lord

'Bizarre Laws and Curious Customs of the UK' is a fascinating book, well assembled and written by Monty Lord. Most of us have had occasion to come across some ancient ruling that is still in the statute book and find laughable. Many of these were never made law and take their place in the category of myth and legend. Monty Lord not only brings many new strange laws to our notice but also clarifies what is law and what is just custom, myth or legend. This is an enjoyable and fascinating book that can be read for a number of reasons. It is a useful reference book, an enjoyable bedside dip-in book or just a book to be enjoyed as any other.' - William Roache, OBE - Actor, 'Ken Barlow' in Coronation Street

 

In the UK, we have some bizarre laws that have littered the statute books of our sceptred isle throughout history. Not all of them have been repealed over the centuries. Some of them made perfect sense at the time they were introduced but seen through modern eyes, now appear archaic and draconian. Despite the great efforts of the Law Commission in England and Wales to review and recommend reforms for many of these outdated laws, there are centuries of law that must be painstakingly gone through.

 

As well as some bizarre laws, the UK also has its fair share of curious customs and time-honoured traditions that have been observed for centuries. On the surface, many appear to be nothing more than theatrical pomp and pageantry. However, they are all born from strong rationale.

 

The UK parliament seems to have had a particular penchant for passing laws related to fish and animals, indecency and passing sentences with some humiliating public punishments.

 

This book is a highly entertaining read for anyone who enjoys learning about the more bizarre applications of UK law throughout the centuries, along with some rather macabre consequences along the way.

 

Have you ever heard a bizarre law and thought, that can't possibly be true? Is it genuine? Was it ever in existence or just an urban myth that became so embellished over time? There are surprisingly, a great many laws still in existence on the statute books today, that would make your jaw drop. Whilst bizarre as these laws may now seem to us, it begs the question, are we in fact, unknowingly breaking these laws on a regular basis?

 

For example...

• Is it illegal to imagine the abolition of the monarchy?
• Is it illegal to refuse to assist a police constable?
• Did courts squash people into submission?
• Was cricket against the law?
• Was Dr. Frankenstein ever real?

 

...all these questions and more will be answered in this Volume 3 of a 3 volume series by Monty Lord.

 

Reading this book, you may be inclined to laugh heartily, let out a sorrowful cry or recoil in abject horror at some of the more gruesome sentences passed for breaking these weird laws.

 

With over 140 bizarre but nevertheless true, laws and customs, you can use this book to satisfy your curiosity about what our ancestors had to contend with over the years, or perhaps as a reference guide for trivia quizzes.

• Language: English
• Publisher: Young Legal Eagles
• Release date: May 10, 2023
• ISBN: 9781916605060

Book preview

Praise for Bizarre Laws

‘A wonderful romp around the roots of laws and customs, together with some surprising revelations of those rules still hanging onto the statute books … packed with wry observations around detailed research and tied with a ribbon of enjoyment.’

Kirsty Brimelow KC

Chair, Criminal Bar Association of England and Wales

Recorder and Deputy High Court Judge

Trustee, WWF (UK)

‘Lots of fun to be had here!’

Sir. Peter Wanless, CB – Chief Executive, NSPCC

‘Compelling and immensely readable.’

Nazir Afzal OBE

Former Chief Crown Prosecutor for NW England

‘Incredible writing … intuitive, relevant, topical, informative whilst being highly entertaining! This book is warm, funny, moving and relatable for every age!’

Tina Malone - English actress

Shameless, Brookside, Dinnerladies

Celeb Big Brother, Celeb MasterChef

‘An easy and amusing read, full of fascinating material.’

William Hunt, TD, FCA

Portcullis Pursuivant of Arms (1992-99)

Windsor Herald of Arms (1999-2017)

‘A dazzling kaleidoscope of UK laws and customs from the arcane and bizarre to the downright alarming … A gem of a collection from a rising star. Highly recommended.’

Barnaby Jameson KC – Barrister

Co-editor of Archbold Criminal Pleading and author

‘Littered with wonderful gems and arcane trivia from our legal history.’

Professor Jay Cullen

Head of School of Law, Criminology & Policing

Edge Hill University

‘A fun and highly readable trip through the absurdities of the law … Monty is a great tour guide to keep us smiling and laughing our way through this historical journey.’

Dr Pauline Whelan

Co-Director GM Digital Centre for Health Informatics

University of Manchester

‘It’s like Horrible Histories for grown-ups!’

Lady Guli Sheikh

‘A cornucopia of eccentric, fascinating laws and practices. This book is a must for anyone interested in legal history with a cracking sense of humour.’

Sasha Wass KC

Barrister (6KBW)

‘Fascinating, often hilarious historical insights into the

eccentricities of the British legal system are presented in this eloquently written volume that is sure to delight the reader.’

Sarah Magill

Barrister (Lincoln House)

‘Each page is an eye opener.’

Jonathan Holling

Solicitor (Manchester)

Crufts host and media broadcaster

‘Funny and informative in equal measure.

Highly recommended.’

Robert Cobourne

Course Leader Religious Studies, Humanities

Runshaw College, Leyland

‘Educative, Hilarious & Inspiring!’

Saeed Atcha MBE DL

Deputy Lieutenant of Greater Manchester

Charity CEO

‘A veritable cornucopia of bizarre laws ... everyone breathing should read it!’

Monty Jivraj

Senior Tax Litigation Specialist

‘Monty answers all those questions that every young person wants to ask of their history teacher but doesn’t, for fear of a lunchtime detention!’

Tony McCabe

Headteacher, St. Joseph’s RC High School

Horwich, Bolton

‘What a journey this book takes you on! I cannot believe how many of these laws come as a complete surprise … it is a real eye opener.’

Claire Parrott – Managing Partner

Tuckers Solicitors (Northwest and Yorkshire)

‘Bizarre, funny and sometimes scary!’

Hamza Taouzzale

The Right Worshipful the Lord Mayor of Westminster

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Copyright © 2023 by MONTGOMERY LORD

All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means—electronic, mechanical, photocopy, recording, scanning, or other — without permission in writing from the publisher, except by reviewers, who may quote brief passages in a review.

The right of Monty Lord to be identified as the Author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act, 1988.

A CIP catalogue record for this book is available from the British Library.

ISBN 978-1-916605-03-9 (paperback)

ISBN 978-1-916605-04-6 (hardback)

ISBN 978-1-916605-05-3 (audiobook)

ISBN 978-1-916605-06-0 (eBook)

ISBN 978-1-916605-07-7 (large print)

Cover Design: Rhianna Whiteside, Casey-Lee Herbert

& Studio 22 (Runshaw College, Lancashire)

Illustrations by: Priya Ajith

Published in England, United Kingdom, by Young Legal Eagles®

a trademark of Young Legal Eagles Ltd.

www.YoungLegalEagles.com

I dedicate this book to my parents and my friends, past, present and future, for the love and strength they give me.

I also dedicate this book to the many hard-working men and women in the legal system. So many names over the centuries, forgotten or excluded but nonetheless have had such an impact on the lives of so many through the creation, clever interpretation and commonsense reform and application of the laws of this land.

To Frankie, thank-you for sticking around and always supporting me, even when I do weird things like writing this book.

" The only stable state is the one in which all men are equal before the law ."

Aristotle

Contents

Foreword

Preface

Intro

1.Banned Games

2.Bizarre Behaviour

3.Bobbies

4.Curious Customs

5.Death & Execution

6.Foreigners

7.Gone But Not Forgotten

8.Justice

9.Money

10.Power to The People

11.Public Transport

12.Punishment & Torture

13.Roads, Pathways & Waterways

14.Royal Peculiarities

15.Sanctity of The Church

16.The Law of Comestibles

17.The Seat of Democracy

18.Unfairly Indecent

19.Wardrobe Malfunction

20.Witchcraft & Other Sorcery

21.Wonderful Wildlife

Acknowledgments

About Author

Foreword

Having been in and around the justice system for over 35 years, I didn’t think I could find a book that talks about justice and is so difficult to put down. This book is just that type of compelling read, once you start, it drags you in. It’s an insightful, witty, clever, comprehensive, and sometimes jaw-dropping examination of our justice system in the UK.

This book races you through how laws were first created and the shifting power bases between people, monarch, judges and elected representatives. In some respects, it reflects a dynamic which is still constant in today’s society. As someone who was a police officer for over 30 years, I was intrigued by how the law was enforced prior to policing and how the State and at times multiple States on this island, kept order.

It was also a challenging read to hear how guilt or innocence was previously decided. The laws which were created and the punishments inflicted upon people, were at times shocking. You can still see this challenge going on today in society, day by day and year by year, as society decides what it thinks is acceptable.

Monty cleverly takes you on this complex journey, skilfully and carefully using the witty and the challenging to aid understanding and enjoyment.

I must admit and I’m not ashamed to say, I am envious of the talent in one so young as Monty. I would recommend this read to anyone who is just interested in life, history, understanding our human journey from the UK context whilst being made to laugh, think, be challenged, and grow in understanding.

I really do hope that this book encourages people to want to understand the law and how they can be part of making good law, to gain greater insight into understanding our country. But as well as the serious stuff, I do hope you also have one or two laughs along the way.

Well done, Monty, I commend this book to anyone brave enough to pick it up, because it will be a challenge to put it down.

Keith Fraser

Chair of the Youth Justice Board for England and Wales

Commissioner on Race and Ethnic Disparities (2020-21)

Former Superintendent - West Midlands Police

Preface

It was a warm spring afternoon, and I found myself sitting on the train, travelling down to see the Prime Minister at No.10 Downing Street, London. A gentleman dressed in a sharp suit sat opposite me, occasionally popping his head out from behind the newspaper he was reading in front of his face. An article on the front page of his newspaper attracted my attention. It was about a seldom used ancient law. I pulled out my phone and began to do some research into the matter. It was this moment that sparked my further research. This continued on the journey home, exhausting my phone battery. Half a year later, I finally reconciled myself to the fact that my research for this book is now concluded. I say that as I look at several folders of unused material on my shelf, just prime for a follow-up.

I have always had an interest in the law. I started writing this book at the age of 16. Now 17 and with a burning passion for children’s rights and ensuring equal representation through law. This was the topic of my TEDx talk and both speeches at Amnesty International HQ and the United Nations in Geneva.

Have you ever heard a bizarre saying and wondered about its origins or even whether it is true? Things like whether a Welsh person can be shot in Chester or can a woman urinate in a police constable’s helmet? Within these pages, you will find the answers to those questions and some other curious customs we have developed over the centuries. This book series in three volumes, seeks to inspire, amuse, shock and educate. Yes, all at the same time.

During my endless hours spent researching for this book in the British Library reading rooms and other locations around the UK, I had to absorb a wealth of information. What started as a small research project expanded to fill an unfathomable amount of my hard drive. At times, researching our ancient laws felt like Alice falling down the rabbit hole. Probably the most challenging aspect of the research process was each time I encountered an ancient manuscript written in Norman French. I can tell you now that Google Translate isn’t much help!

Ultimately, I found it a very rewarding process, especially when I came across the occasional golden nugget … those laws that are so bizarre, even their very existence is questionable.

I wish you well. Enjoy reading, and please drop me a note to let me know how you found the book.

Monty Lord

Lancashire, England (2022)

www.MontyLord.com

Intro

A quick browse through the archives and ancient manuscripts produces some astonishing finds of laws passed to regulate activity and behaviour at the time, which now seem wholly absurd and anachronistic. In many cases, these laws still live on our statute books. Some are outlandishly bizarre, almost like they were created to amuse and entertain those, like us, who may read them centuries later. It is important to understand that all laws are passed with good reason … well, what perhaps seemed a good reason at the time.

So, how did some of these bizarre laws ever come into existence?

What we now call ‘The Law of The Land’ is split into two categories: common law and statute law. After the Norman Conquest of 1066, Common law evolved from local customs, which later became recognised and accepted by the visiting judges in the King’s Court (Curia Regis). It has been developed over the centuries by the decisions and precedents made in the High Courts. Many old common law offences have since been incorporated into various Acts of Parliament, becoming statute law. Interestingly, Parliament may pass statute laws, but it falls to the judges of the High Court to interpret the meaning of these laws in any way they wish.

An Act of Parliament (also called a Statute) is a law made by Parliament. An Act starts its life as a Bill. When approved by both Houses of Parliament (The House of Commons and The House of Lords), it must then be given Royal Assent by the Monarch, after which it becomes part of Statute Law.

Regularly, Acts of Parliament are passed to repeal old, irrelevant or outdated laws. Statute Law also delegates power to other authorities, such as ministers and local councils, to set local regulations under subordinate legislation, providing for their own penalties. These delegated ‘subordinate’ regulations come in the form of local bylaws, statutory instruments and codes. They all have a parent Act that provides the authority to make them. The Highway Code is an excellent example of this.

The law books can become filled with stagnant laws derived from the time’s social conditions and concerns. Over the years, these have become so outdated that they eventually lose relevance and verge on the absurd. These ancient laws can’t litter the law books for eternity, so, over time, new laws are passed, and old ones are repealed.

In 1965, a new independent body, The Law Commission, was set up to review many of the ancient laws in public consultation and to recommend to the government which laws needed to be repealed to tidy up the law books. They review all aspects of law for reform, including criminal, public, commercial, property, and family and trust law. It prunes the statute books of hundreds of outdated regulations and laws. This sounds like a lot, but when you consider that, on average, around 3,000 new pages are added to the law books each year, you get a sense of the enormity of their task. It must feel like painting the Forth Bridge or like the Greek ruler Sisyphus, condemned to roll a heavy boulder up a hill for all eternity.

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In this Volume III of the Bizarre Laws & Curious Customs of The UK book series, you will find 21 chapters, separated into the various aspects of our British life, each containing some fantastic examples of bizarre laws. Many more outlandish laws, claims, local myths and legends came to light whilst researching this book. They are too numerous to mention and perhaps material for a future book. To keep this book pure and factual, all content has been backed by documentary evidence, with a minimum of three trusted secondary sources. A book filled to the brim with myths, salacious, and other apocryphal statements would undoubtedly sell many more copies. On the very few occasions where something has been unable to be provenanced through multiple trusted sources, this has been indicated in the text with the necessary caveat.

What you’re going to find between the covers of this book will hopefully also give you an insight into a lot of the history of our sceptred isle. Laws are, after all, passed to deal with contemporary issues of the time. The insight it provides us is invaluable.

"At his best, man is the noblest of all animals;

separated from law and justice he is the worst."

(Aristotle)

One last thing …

Before you delve into the pages of this book, there is one more thing I would like to mention. As this book deals with the topic of law, it has been written within the terms of Section 6 of The Interpretation Act (1978), which seeks to avoid the constant use of the terms ‘he’ and ‘she’. Irrespective of what pronoun you use, the gender you were born, or how you presently identify, no offence is intended when the law refers to one specific gender. The law has historically been written using masculine pronouns. Unless expressly stated, masculine and feminine genders are interchangeable within the text. Please bear that in mind. Also, please realise that the nature of this book takes a tongue-in-cheek look at the absurdity of some of our ancient laws. In today’s society, many of these may appear bigoted, homophobic, racist, xenophobic and particularly harsh towards certain elements of society.

I would hope that most readers would take a commonsense approach and realise that it's illegal to hang, draw and quarter people, drive along a motorway with a person carrying a red flag walking in front of the car, or even convey a corpse in the back of a taxi. It goes without saying that none of the information contained within this book constitutes legal advice and is provided for general information purposes only. If you insist on using this book to test the law to its limits, I would first consult either a lawyer, a mental health practitioner, an exorcist ... or perhaps all three.

Chapter one

Banned Games

Over the years, we have been constrained as to which games and forms of entertainment we could actually partake in from one time to another. Football wasn’t allowed. Cricket was banned for centuries. Even Tiddlywinks was forbidden. If you wanted to enjoy a good game of cards with a friend, you could be in for an explosive night. While all those commonplace games that we now take for granted were banned, bizarrely, cockfighting was considered a perfectly respectable sport, even in schools.

In this chapter, we delve into why the past governments sought to make our ancestors so miserable, banning almost every popular form of entertainment but allowing some of the more hazardous pastimes.

"Panem et circenses."

Decimus Junius Juvenalis

(Bread & Circuses)

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Illegal to Possess a Pack of Playing Cards Within 1 Mile of an Explosives Store

I was once told that it was illegal to own a pack of playing cards if you lived within one mile of an explosives store, arsenal or munitions dump. Those terms ‘explosives store’ and ‘munitions dump’ are no longer in everyday use. I found several people discussing this matter. It all seems to have originated from one source, a book published in the early 2000s. The source alleged that it was an offence under the Metropolitan Streets Act of (1867) for any person who "lives within a mile of any arsenal or store for explosives, to possess a pack of playing cards." I have been through the Metropolitan Streets Act with a fine-tooth comb and can find no reference to distance from explosives and playing cards. So, this one, I’m afraid, is just another one of those myths.

It is true that if you plan to store explosives like fireworks or even vehicle airbag detonators, you do require an explosives licence. Back to the playing cards, though. It’s an interesting idea; while myth, nonetheless, it has a sound rationale. In the Victorian era and early twentieth century, playing cards used to be coated with a substance called nitrocellulose. Yes, the same highly flammable compound that forms a main ingredient of gunpowder. It’s a volatile substance and decomposes quickly, releasing nitric acid, which quickens the nitrocellulose’s decomposition. When wet, it forms an explosive mixture.

It is no wonder that a pack of playing cards would be used as an explosive weapon at some point. This is what happened in the curious case of William Kogut, an inmate on death row in San Quentin State Prison in the USA. He was sentenced to death for the murder of Mayme Guthrie. However, he denied the State his death sentence by committing suicide. On the morning of 20th October 1930, prison guards entered his cell and found him dead with a note near his body. The note read, "Do not blame my death on any one because I fixed everything myself. I never give up as long as I am living and have a chance, but this is the end." Kogut had chosen playing cards as the tool to bring about his demise.

He had secured several packs of playing cards, an item readily available in prison. What followed next would suggest that he must’ve had some prior knowledge of explosives preparation. He tore up several packs of playing cards, paying particular attention to the pieces with red ink. The dye in the red ink was heavily-laden with nitrocellulose. He stuffed the pieces of cardboard into a metal pipe and plugged one end with a broom handle. He poured water into the pipe to soak the pieces of card, which released the nitrocellulose. He then placed the pipe on a kerosene heater near his bed and placed his head next to the open end of the pipe. As the nitrocellulose was released, the heater’s warmth accelerated the reaction, effectively turning this into a makeshift pipe bomb. It soon exploded, killing Kogut instantly.

Cockfighting in Schools

Some popular games to play in the school break times include football, rounders, push-penny, tiddlywinks, hopscotch … and cockfighting!

‘Cocking’ as it used to be known, was once considered a perfectly respectable pastime in schools and wider society. The Romans originally introduced the sport and gradually, since mediaeval times, it became popular amongst all social classes in Britain. Cock pits were a common sight in most villages, and spectators regularly travelled from afar to attend a cockfight. A twelfth-century account of the City of London written by William Fitzstephen shows that it was customary for boys to take gamecocks to school to fight on Shrove Tuesdays. He noted how their classrooms would be transformed into cockpits.

In 1607, the earliest known book on the sport of cockfighting was written by George Wilson. This book entitled ‘The Commendation of Cocks and Cock Fighting’ became the rulebook for cockfighting in schools. In his diary on 21st December 1663, Samuel Pepys refers to his first attendance at a cockfight in London. He wrote, "I did go to Shoe Lane to see a cocke-fighting at a new pit there, a sport I was never at in my life; but, Lord! to see the strange variety of people, from Parliament-man (by name Wildes, that was Deputy Governor of the Tower when Robinson was Lord Mayor) to the poorest ‘prentices, bakers, brewers, butchers, draymen, and what not; and all these fellows one with another in swearing, cursing, and betting."

Occasionally, small silver bells were presented as prizes during school cockfights. Records also show that teachers supplemented their income with payments from the schoolboys for bringing in their cockerels. Spectators were also permitted to attend the school to watch the cockfights upon payment.

Pocklington School in East Riding, Yorkshire, still has a cockfighting bell dated from the seventeenth century, upon which the names of Thomas Ellison and Johanes Clarke are inscribed. John Clarke is known to have been a master at the school from 1660 to 1664. Thomas Ellison was there from 1664 to 1693.

In an extract from the 1900 book ‘Historic byways and highways of Old England’, the author William Andrews refers to another cockfighting bell in Cumbria. He wrote, "The bell was engraved ‘Wreay Chapple, 1655’. This date is remarkable. It was when England was under Cromwell, who, the previous year, 1654, had prohibited cock-fighting. It was a gift of Mr Graham, and the gift seemed to have been meant to show his contempt for the Roundhead Government. After cock-fighting had at last come to an end, a hunt for harriers on Shrove Tuesday was for many years an institution at Wreay……The old silver bell was used to ornament the Mayors wand of office. But in 1872 it was stolen by some thief, and Wreay lost the relic which had been connected for 217 years with its Shrovetide observances."

Cockfighting remained a common pastime until the late eighteenth century, with small pockets of activity still occurring into the early nineteenth century. By that time, people were becoming more concerned with animal welfare. The sport gradually became less popular after the passing of the Cruelty to Animals Act (1835). It wasn’t until the revised Prevention of Cruelty to Animals Act (1849) that cockfighting was banned in England and Wales. This Act was passed to protect the welfare of the birds and prevent the gathering of unruly spectators who enjoyed gambling and getting drunk at such events. In 1895, cockfighting was eventually banned in Scotland.

As always, there are those who like to bend the rules, so the government had to pass the Cockfighting Act in 1952, which also made it an offence to possess any instruments associated with fighting domestic fowl.

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Illegal to Play Cricket

Cricket is the national sport of England. It has captured the hearts and minds of many for centuries, whilst working its way through many aspects of our everyday life. We almost conduct the rules of everyday life according to the rules of cricket. Even the phrase "It’s not cricket" has found commonplace meaning as a reference to unsportsmanlike conduct. Quite how