40 Unusual Laws in History

6. The Witchcraft Act of 1736 made it okay to be a witch, but illegal to pretend to be one

Witchcraft used to be illegal around the world. In England, witchcraft became a criminal (rather than ecclesiastical) offense after the Witchcraft Act of 1604. But when the furore over witches died down, a new age of enlightenment took over. Thus, the 1736 Witchcraft Act took a different stance. This repealed the preceding legislation that punished witchcraft with death. However, it had an interesting caveat. The Act made it illegal for anyone to ‘pretend to exercise or use any kind of witchcraft. In other words, being a witch was fine, but pretending to be one got you a year in prison!

5. A 1542 law passed in Scotland made it possible to punish a corpse for treason

With all the topsy-turvy events and power changes in 16^th century Scotland, someone was always out for revenge or restitution. It’s no surprise, therefore, that post-mortem punishment for treason got introduced in 1542. During the reigns of Mary, Queen of Scots, and her son James VI, corpses regularly appeared in court. Officials exhumed corpses and often embalmed them for the occasion. The only prohibition stated that prosecution had to take place within 5 years of the traitor’s death. A corpse on trial is one thing, but a skeleton charged with treason is just plain silly.

4. In 1233, it became illegal to refuse a knighthood in England

You’d think getting a knighthood would be a great honor, but you’d be surprised. Back in the medieval period, being made a knight cost loads of money. You had to buy loads of silly clothes and ceremonial suits of armor and give liberal amounts to the king. Oh, and risk your life in battle. In 1233, tight-fisted Roger of Dudley refused to attend his own knighting ceremony after realising how much it’d cost. Alas for Roger, the last laugh came at his expense, quite literally. Henry III immediately passed a law against refusing knighthoods, and confiscated the ungrateful swine’s lands.

3. George I passed a law making it illegal for a commoner’s pet to fornicate with a royal animal

During George I’s reign (1714-27), power shifted from monarch to parliament, with Britain’s first de facto Prime Minister, Robert Walpole. This didn’t stop George passing some silly laws, however. Most famously, he didn’t want common animals getting too familiar with his own. ‘The severest penalties will be suffered by any commoner who doth permit his animal to have carnal knowledge of a pet of the Royal house’, roared the legislation. The ‘severest penaltys’, by the way, potentially meant execution. It’s still illegal to let your pets copulate with royal animals, though the UK scrapped the death penalty long ago.

2. Batman wouldn’t have lasted long in 17^th century England

During Charles II’s reign, a group of vigilantes found themselves on the wrong side of the law. All apprentice boys, they tried to destroy a brothel in 1663. Unfortunately, they wound up standing trial for high treason, since ‘for men to go about to pull down brothels, with a captain and an ensign… who is safe?’ The Chief Justice convicted them. A few decades later, yet more crusaders against sin tried to burn down a brothel, and got convicted of treason. The judge acknowledged brothels ‘a nuisance’, but said destroying them took ‘the right out of the queen’s hand’.

1. In the middle ages, animals could be tried in courts for criminal offenses

Our final item may well be the stupidest of our weird laws. Across Europe in the middle ages, people sometimes tried animals in court. Small animals, such as mice and insects, got ecclesiastical trials for destroying grain or damaging churches. Such small-fry usually got excommunicated. Larger creatures like pigs and horses faced secular prosecution for injury or murder and usually got a death sentence. One man in France, whose pig killed a young child, got convicted of negligence, but the animal was hanged for murder. Though we treat animals better these days, we thankfully don’t treat them this much like humans!

Where did we find this stuff? Here are our sources:

My London News – The Remarkable Reason Why The Queen Owns All Of The Swans In England

National Geographic Channel – Wacky Texas Laws: Guess Which of These 4 Are Real

Library of Congress – Odd Laws of the United Kingdom

Slater Gordon Lawyers – 14 Of The Most Obscure Australian Laws You’ve Never Heard Of

USA Today – Weirdest Laws Passed In Every State

The Connexion France – Women Wearing Trousers Was Illegal In France Until 2013

AEON – Why The Trial By Ordeal Was Actually An Effective Test Of Guilt

JSTOR Daily – When Societies Put Animals on Trial

Medium – 10 Animals That Were Put on Trial

Bartlett, Robert. Trial by Fire and Water: The Medieval Judicial Ordeal. Oxford: Clarendon Press, 1986.

Bratskeir, Kate. “The Craziest Laws That Still Exist In The United States”. The Huffington Post, January 22, 2016.

Cawthorne, Nigel. The Strange Laws of Old England. London: Piatkus, 2004.

Davies, Lizzie. “French Woman Marries Dead Partner”. The Guardian, November 17, 2009.

Hutton, Ronald. The Witch: A History of Fear, from Ancient Times to the Present. New Haven and London: Yale University Press, 2017.

Karras, Ruth Mazo. Law and the Illicit in Medieval Europe. Philadelphia: University of Pennsylvania Press, 2008.

Lauter, Deborah. “Women in Paris Finally Allowed to Wear Trousers”. The Daily Telegraph, February 3, 2013.

Riello, Giorgio, ed. The Right to Dress: Sumptuary Laws in a Global Perspective, c. 1200-1800. Cambridge: Cambridge University Press, 2019.