The mince pie in history, myth and law

Scoffing mince pies has long been a British tradition at this time of year, but did you know that eating them at Christmas has been illegal for more than 350 years?

In 1657, towards the end of Oliver Cromwell’s rule as Lord Protector, his puritan council abolished Christmas. The festival was seen as pagan because it was not sanctioned in the bible.

It also offended the puritans by encouraging over-indulgence in rich food and alcoholic drink, and so they banned the consumption of anything that suggested gluttony, including mince pies and Christmas pudding.

After Cromwell’s death in 1658 and the restoration of the monarchy in 1660, the law was disregarded but — according to no less an authority than the Law Society — it has never been repealed. Mince pies, therefore, remain illegal as a Christmas treat to this day.

Lawful or not, mince pies have been around since medieval times and have been associated with Christmas since the 16th century or earlier. The original mince pie was a large oblong or oval pastry containing chopped meats and spices such as ginger. Dried fruit and other sweet ingredients were added to the filling for variety and also because they helped to preserve the meat without having to salt or smoke it.

Over the centuries mince pies have shrunk, their shape has changed, the proportion of fruit has increased and their meat has been supplanted by suet, which is hard animal fat usually obtained from beef or mutton. And in recent years in commercially prepared mincemeat and mince pies, suet has been replaced by solid vegetable fats, which are cheaper and also acceptable to vegetarians.

How did mince pies gain their seasonal status? One old wives’ tale says that it is because the original large oblong or oval pies tended to sink in the middle so that they resembled the manger of biblical lore.

Tradition also says that the pie filling should include cinnamon, cloves and nutmeg to represent the three gifts given to the infant Jesus by the magi and that each pie should be topped with a star-shaped trimming of pastry to represent the star that led the shepherds and magi to Bethlehem.

Whatever the truth of these legends, we all know that mince pies are the favourite food of Santa Claus. As excited children on Christmas Eve, many of us would have left out a mince pie and a tot of brandy for Santa, along with a carrot or two for his reindeer.  

Nowadays Santa may risk being pulled over for driving his sleigh under the influence of alcohol, but at least he no longer invites arrest for seasonal gluttony.