The British legal system is one of the oldest legal systems globally, with some archaic laws reflecting how bizarre the legal system was. The United Kingdom comprises four legal systems, each deriving from a particular geographical area: English Law, Scots Law, Northern Ireland Law and due to the Government of Wales Act 2006 by Parliament, Welsh Law.
From the mid-12th century, the Crown began to play a more significant role in administering justice in England. Medieval justice came with a handful of flaws and inconsistencies. It can be hard to decipher fact from fiction within the online world, but some archaic laws have more truth than others.
Medieval laws often attract attention given their radical and bizarre rules; however, historians argue we will never really know if specific laws exist where there is no written evidence. For example, in 1535, King Henry VIII introduced a tax known as a beard tax. If you could not afford this tax, you would have to shave it off, which caused beards to become a symbol of status and money.
Little evidence survives today to question the reliability of this archaic law, but beard grooming remains a priority linked to appearance and status. In addition, a common trait of the medieval era was the creation of laws to create income for the monarch, including taxes on windows, salt, and candles.
A myth that has grown in popularity in the Northwest suggests Welshmen are prohibited from entering Chester before the sun rises and must leave before the sun goes down. Unfortunately, this has led to the myth emerging that it is technically okay to shoot a Welshman after midnight if it is within Chester’s walls.
Popular bus tours around Chester even repeat this archaic law when referring to the medieval tensions on the Anglo-Welsh border. This myth is so popular amongst visitors to the Northwest of England that the Law commission in 2017 had to confirm ‘It is illegal to shoot a Welsh or Scottish person regardless of the day, location or choice of weapon.’ This myth is argued to be based on a reputed city ordinance of 1403, passed in response to the Glyndwr Rising. As a result, a curfew was imposed on Welshmen in the city; however, today, we have no existence to prove the ordinance even existed.
There are more myths than truths regarding the modern understanding of medieval law, and we can be sure of a few things. First, English heritage acknowledges at least two medieval laws that were never repealed so technically still exist today.
For instance, entering the Houses of Parliament with weapons or armour remains illegal. Enacted in 1313, this law resulted from the upset caused by Edward II; armed rebellion had made Parliament a dangerous place for the king. This law seems quite reasonable compared to a later law in 1322 that placed a ban on catching royal fish.
Second, whales and sturgeons were valuable in the Middle Ages, predictably similar to the increase in taxations monarchs also felt less than generous about fishing for these animals. The 1322 law is still in force, which means that any whales or sturgeon caught or washed up on the shore should technically be offered to the Queen. In 2004 a Welsh fisherman diligently complied with the law by providing a sturgeon he had caught to the Queen. However, the offer was declined.
On average, 33 new acts are passed every year, and each one leads to new laws. Michel Foucault said, ‘Justice must always question itself’. The medieval period was a time of significant change, such as the introduction of trial by jury, which led to the justice system that we know today.
References
Alan Klehr, ‘Owain Glyndwr’s Legendary Fight for Wales’, British Heritage, (2021) < https://britishheritage.com/history/owain-glyndwrs-fight-wales> [Accessed: November 2021]
Eves, W, ‘7 Obscure Medieval Laws’, English Heritage, (2021) < https://www.english-heritage.org.uk/visit/inspire-me/obscure-medieval-laws/> [Accessed: November 2021]
R.R. Davies, ‘The Twilight of Welsh Law, 1284-15’, History, 51(1966) 143-164
References
Wise, L, ‘No, you can’t shoot a Welsh person with a longbow in Chester’, CheshireLive, (2019) < https://www.cheshire-live.co.uk/whats-on/no-you-cant-you-shoot-16302109> [Accessed: November 2021]
‘5 Weird UK laws over the years’ Oxbridge, (2021) < https://oxbridgehomelearning.uk/blog/you-wont-believe-these-weird-uk-laws/> [Accessed: November 2021]
‘Law and Justice in Wales: Some Issues for the Next Assembly A Report to the Minister for Public Services by the Justice Stakeholder Group’, (2016) <https://gov.wales/sites/default/files/publications/2018-11/law-and-justice-in-wales.pdf> [Accessed: November 2021]
‘Police inquiry over sturgeon sale’, BBC News, (2004) <http://news.bbc.co.uk/1/hi/wales/3773171.stm> [Accessed: November 2021]
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