10 February 2014

Apocrypha

As a scholar of sumptuary law I am just a tad underwhelmed by the current meme that
in 1770, British parliament banned lipstick, saying it had the power to seduce men into marriage, which was classed as witchcraft.
The meme appears to reflect the 1860 claim that
A law against obtaining husbands under false pretences, passed by the English Parliament in 1770, enacts -- "That all women, of whatever age rank, profession or degree, who shall after this act, impose upon, seduce, and betray into matrimony any of his Majesty's subjects, by virtue of scents, paints, cosmetic washes, artificial teeth, false hair, iron stays, bolstered hips, or high-heeled shoes, shall incur the penalty of the law now in force against witchcraft and like misdemeanors and the marriage, under such disbursement upon conviction of the offending parties, shall be null and void".
Irrespective of the existence of the Witchcraft Act of 1735 (9 Geo. II c. 5), there was no 'anti-lipstick' statute passed in 1770.

The 1735 statute reads thus -
An Act to repeal the statute made in the first year of the reign of King James the First, intitutled, An Act against conjuration, witchcraft, and dealing with evil and wicked spirits, except so much thereof as repeals an Act of the fifth year of the reign of Queen Elizabeth, Against conjurations, inchantments and witchcrafts, and to repeal, an Act passed in the parliament of Scotland in the ninth parliament of Queen Mary, intituled, Anentis witchcrafts, and for punishing such persons as pretend to exercise or use any kind of witchcraft, sorcery, inchantment, or conjuration. 
Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Statute made in the First Year of the Reign of King James the First, intituled, An Act against Conjuration, Witchcaft, and dealing with evil and wicked Spirits, shall, from the Twenty-fourth Day of June next, be repealed and utterly void, and of none effect (except so much thereof as repeals the Statute made in the Fifth Year of the Reign of Queen Elizabeth intituled, An Act against Conjurations, Inchantments, and Witchcrafts). 
Ⅱ. And be it further enacted by the Authority aforesaid, That from and after the said Twenty-fourth Day of June, the Act passed in the Parliament of Scotland, in the Ninth Parliament of Queen Mary, intituled, Anentis Witchcrafts, shall be, and is hereby repealed. 
Ⅲ. And be it further enacted, That from and after the said Twenty-fourth Day of June, no Prosecution, Suit, or Proceeding, shall be commenced or carried on against any Person or Persons for Witchcraft, Sorcery, Inchantment, or Conjuration, or for charging another with any such Offence, in any Court whatsoever in Great Britain. 
Ⅳ. And for the more effectual preventing and punishing of any Pretences to such Arts or Powers as are before mentioned, whereby ignorant Persons are frequently deluded and defrauded; be it further enacted by the Authority aforesaid, That if any Person shall, from and after the said Twenty-fourth Day of June, pretend to exercise or use any kind of Witchcraft, Sorcery, Inchantment, or Conjuration, or undertake to tell Fortunes, or pretend, from his or her Skill or Knowledge in any occult or crafty Science, to discover where or in what manner any Goods or Chattels, supposed to have been stolen or lost, may be found, every Person, so offending, being thereof lawfully convicted on Indictment or Information in that part of Great Britain called England, or on Indictment or Libel in that part of Great Britain called Scotland, shall, for every such Offence, suffer Imprisonment by the Space of one whole Year without Bail or Mainprize, and once in every Quarter of the said Year, in some Market Town of the proper County, upon the Market Day, there stand openly on the Pillory by the Space of One Hour, and also shall (if the Court by which such Judgement shall be given shall think fit) be obliged to give Sureties for his or her good Behaviour, in such Sum, and for such Time, as the said Court shall judge proper according to the Circumstances of the Offence, and in such case shall be further imprisoned until such Sureties be given.
The UK Fraudulent Mediums Act 1951 (14 & 15 Geo 6 c 33) read -
An Act to repeal the Witchcraft Act, 1735 and to make, in substitution for certain provisions of section four of the Vagrancy Act 1824, express provision for the punishment of persons who fraudulently purport to act as spiritualistic mediums or to exercise powers of telepathy, clairvoyance or other similar powers. 
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-  
1(1) Subject to the provisions of this section, any person who- Punishment of fraudulent mediums, & (a) with intent to deceive purports to act as a spiritualistic medium or to exercise any powers of telepathy, clairvoyance or other similar powers, or (b) in purporting to act as a spiritualistic medium or to exercise such powers as aforesaid, uses any fraudulent device, shall be guilty of an offence. 
(2) A person shall not be convicted of an offence under the foregoing subsection unless it is proved that he acted for reward; and for the purposes of this section a person shall be deemed to act for reward if any money is paid, or other valuable thing given, in respect of what he does, whether to him or to any other person. 
(3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding (the prescribed sum) or to imprisonment for a tern not exceeding four months or to both such fine and such imprisonment, or on conviction on indictment to a fine... or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment. 
(4) No proceedings for an offence under this section shall be, brought in England or Wales except by or with the consent of the Director of Public Prosecutions. 
(5) Nothing in subsection (1) of this section shall apply to anything done solely for the purpose of entertainment 
2 Repeals The following enactments are hereby repealed, that is to say-  .
(a) the Witchcraft Act 1735 (9 Geo. 2. c.5) , so far as still in force, and     
(b) section four of the Vagrancy Act 1824 (5 Geo. 4. c. 83) so far as it extends to persons purporting to act as spiritualistic mediums or to exercise any powers of telepathy, clairvoyance or other similar powers, or to persons who, in purporting so to act or to exercise such powers, use fraudulent devices.