Suspicious Salmon and Other Odd British Laws
Ireland and Britain have both set to work to revise or abolish outdated and seemingly absurd pieces of legislation. The Irish Times reported in 2016 that the Irish government had repealed more than 60,000 pieces of legislation through a program that began in 2003. The New York Times reports that Britain repealed over 200 in 2015. Some of the laws had medieval origins, including one that was dated to 1267. Andrew Lewis, a professor of comparative legal history at University College London, views the piecemeal style of legislation as potentially problematic:
“To have a legal situation where there is so much information that you cannot sit down and comprehend it, does seem to me a serious problem. I think it matters dreadfully that no one can get a handle on the whole of it”. A great deal of the legislation is either extremely outdated, or confusing. In fact, there are quite a few myths swirling about regarding nonexistent laws, or concerning the actual purpose of other laws. Britain’s Law Commission recognized the public confusion and curiosity and published a guide to some of the most commonly misunderstood laws, clearly stating which of the myths were actual laws, which of them weren’t, and which of them were only partly true.
The guide is formatted as a claim, followed by “yes”, “no”, or “not quite”. Some of the more interesting actual laws, from the guide, include:
“It is illegal for Parliament members to wear armor in the House…
It is illegal to beat or shake any carpet or rug in any street. However, beating or shaking a doormat is allowed before 8am. Yes. This is an offence under s 60 of the Metropolitan Police Act 1839. In other districts, it is an offence under s 28 of the Town Police Clauses Act 1847. Other offences covered by s 28 include: - keeping a pigsty in front of your house; - slaughtering cattle in the street; - erecting a washing line across the street; - singing profane or obscene songs or ballads in the street; and - wilfully and wantonly disturbing people by ringing their doorbells or knocking at their doors…
It is illegal to be drunk in charge of a horse. Yes. Under the Licensing Act 1872, it is an offence to be drunk in charge of a carriage, horse, cow or steam engine, or whilst in possession of a loaded firearm…
It is illegal to handle salmon in suspicious circumstances. Yes. This is an offence under the Salmon Act 1986”.
Some of the most interesting myths stem from actual laws, some of which have been repealed, but some of which have simply been misunderstood:
“It is illegal to harbour a Catholic priest. No. The two Acts which made this treasonous were the First Act of Supremacy 1534 and the Treason Act 1534 (under which Thomas More was executed). Both have now been repealed…
It is illegal not to carry out at least two hours of longbow practice a week. No. The Unlawful Games Act 1541 required every Englishman between the ages of 17 and 60 (with various exemptions) to keep a longbow and regularly practise archery. However, this Act was repealed by the Betting and Gaming Act 1960…
It is illegal to keep a lunatic without a licence. No. The Madhouses Act 1774 made it an offence to keep ‘more than one Lunatick’ without a licence for a madhouse. It has now been repealed…
It is illegal to eat mince pies on Christmas Day. No. The only Christmas Day on which eating mince pies was illegal was in 1644, as 25 December that year fell on a legally-mandated day of fasting. Subsequently, the Long Parliament of the Interregnum banned all celebrations of Christmas (An Ordinance for Abolishing of Festivals, 1647). However, mince pies themselves were never banned, although they were strongly disapproved of as a symbol of the immoral excesses of the festive season. Further legislation was proposed in 1656 to clamp down on illicit Christmas celebrations, but it was never enacted. Statutes of the Interregnum were held to be invalid following the Restoration…
It is legal to shoot a Welshman with a longbow on Sunday in the Cathedral Close in Hereford; or inside the city walls of Chester after midnight; or a Scotsman within the city walls of York, other than on a Sunday. No. It is illegal to shoot a Welsh or Scottish (or any other) person regardless of the day, location or choice of weaponry. The idea that it may once have been allowed in Chester appears to arise from a reputed City Ordinance of 1403, passed in response to the Glyndŵr Rising, and imposing a curfew on Welshmen in the city. However, it is not even clear that this Ordinance ever existed. Sources for the other cities are unclear; Hereford, like Chester, was frequently under attack from Wales during the medieval period. Unlawful killings are today covered by the criminal law; see also Art. 2 of the European Convention on Human Rights on the right to life…
A Freeman of the City of London may drive a flock of sheep across London Bridge. Not quite. The Freedom of the City of London was originally a grant of the right to trade in the capital. Freemen were exempt from paying the usual tolls when they drove their livestock across London Bridge to the markets. Today, the Freedom of the City is a purely symbolic honour, and the City of London Police do not permit sheep to be taken across the bridge (aside from the occasional publicity stunt. In 2008, for example, around 500 Freemen drove a flock of sheep across the bridge to raise money for charity.6 ) According to the clerk of the Chamberlain’s Court, most other purported rights of Freemen are also unavailable today: for example, being escorted home by the Watch if found drunk and disorderly. The only privileges that remain involve rights to access some educational and charitable funds”.
The many pieces of British and Irish legislation has lead to some bizarre laws and myths. At one point in time, these laws were probably very necessary and useful. This style of lawmaking provides a glimpse into the past, as well as the amount of change that time exacts.
