The Strange laws of Old England
Nigel Cawthorne

Piatkus, £9.99

This is a compilation of curious and, since it includes habeas corpus, none too curious, statutes and legal decisions over the centuries.

Some of the entries such as ‘sexual strictures’ bring back memories of notable cases, including the entertaining feud between the eccentric Marchioness of Winchester – born Bapsybanoo Pavry – and Evelyn Fleming, mother of the author, Ian.


In 1951, the Marquess of Winchester, then aged 90, became engaged to Mrs Fleming but feared marriage would end her widow’s stipend. In 1952, he married ‘Bapsy’, but the wedding night was spent in separate hotels. In 1953, amid rumours of an action for non-consummation, he left for a winter in Nassau with Mrs F.


The trouble started when he was unable to return to take his seat at the Coronation and the Marchioness was refused entry to the Abbey because the wives had to be accompanied. For the next six years, the women exchanged litigation and insults.


The Marchioness sued Mrs Fleming in the Bahamas for enticement, which ended in a settlement under which they agreed not to interfere with each others’ lives. The Marquess then brought an unsuccessful nullity action in the Bahamas.


Saying this breached the agreement, the Marchioness sued, claiming enticement in that Evelyn Fleming had financed the nullity suit and was harbouring the Marquess. The suit was a gift for the press, including Mr Justice Devlin’s threat that if the Marchioness’ behaviour did not improve, he would imprison her for contempt.


Mr Justice Devlin ruled that if harbouring was actionable at all, it could not be brought by a wife. On the enticement, he found in the Marchioness’s favour. Much to her wrath, his decision was overturned in the Court of Appeal. Thereafter, the Marquess and Mrs Fleming lived happily in Monaco until his death in 1962. Bapsy spent the remainder of her days attempting to penetrate, mainly unsuccessfully, high society. She died in 1995.


Some of the entries in this book are a little woolly. The Bow Street Runners and Patrols were separate entities. Robert Peel founded the Metropolitan Police to take over rather than expand them. Magistrates did indeed rule there was no case to answer when a woman was accused of soliciting by sitting in a red dress in an open window, but the decision was overturned.


It is perhaps not a book to be cited in opinions, but it is good fun and a pleasant and undemanding bedtime read both for lawyer and layman.


James Morton is a former criminal defence solicitor and a freelance journalist