It all started with a bundle of court documents.
As is often the case in our office, we had a substantial set of papers that needed posting to the court. They were far too thick for a standard envelope, so my assistant suggested using a postal or parcel bag instead.
I casually replied, “An envelope is just a type of bag.”
That prompted a slightly puzzled look.
There are only two of us in the office, so this wasn’t exactly a heated debate—just one of those wonderfully unexpected conversations that somehow developed into a surprisingly interesting legal question.
Was an envelope actually a bag?
It sounded like such a simple question.
Being naturally curious (and working in the legal world), I decided to see whether the answer could be found in legislation.
Looking for the Legal Definition
My first stop was the UK legislation website. Surely somewhere, buried amongst thousands of Acts and statutory instruments, Parliament must have defined the humble “bag”.
A search for the word “bag” returned 46 pages of results.
That wasn’t quite the straightforward answer I had been hoping for.
Curiosity got the better of me, so instead of looking only at modern legislation, I decided to see just how far back references to “bag” went.
The oldest reference I found appeared in Section II of the Triennial Act 1640, which mentions the “Clerks of the Petty Bag.”
At first, I thought I might have struck gold.
Unfortunately, the Petty Bag wasn’t a bag at all—at least, not in the sense I was looking for.
The Petty Bag was an office within the old Court of Chancery. Its unusual name is generally believed to derive from the medieval practice of storing certain official records and documents in a petty (or small) bag, distinguishing them from documents kept by the Hanaper Office, where records were stored in a large hamper. The officials who worked there became known as the Clerks of the Petty Bag, and among their many responsibilities were preparing writs and other documents connected with summoning Parliament.
So, after travelling nearly four centuries back through legislation in search of the legal meaning of a bag, the very first reference I found wasn’t really a bag at all.
Despite those 46 pages of legislative references, I discovered something rather surprising.
There is no general legal definition of the word “bag” in UK legislation.
The Definition That Doesn’t Exist
One of the first places lawyers often look for statutory definitions is the Interpretation Act 1978. It defines countless words and phrases used throughout legislation.
“Bag” isn’t one of them.
That means, unless a particular Act or statutory instrument provides its own definition, a court would ordinarily give the word its natural and ordinary meaning.
As lawyers know all too well, however, “ordinary meaning” is often where the interesting arguments begin.
When Parliament Does Define Bags
Although there is no universal legal definition, Parliament has occasionally defined particular types of bags where precision is required.
Environmental legislation is a good example. The regulations introducing charges for plastic carrier bags define what constitutes a single-use carrier bag, together with numerous exemptions for particular circumstances.
Interestingly, the legislation doesn’t define what a “bag” actually is.
Instead, it assumes everyone already knows and simply specifies the characteristics relevant for that particular law.
So… What Is a Bag?
Dictionary definitions tend to describe a bag as something like:
A flexible container made of paper, plastic, cloth, leather or similar material, used for carrying or storing items.
That seems straightforward enough.
Until you start thinking about it.
Shopping bags.
Bin bags.
Mail bags.
Evidence bags.
Money bags.
Body bags.
Sandbags.
Tea bags.
Vacuum cleaner bags.
Even airbags.
The more examples you think of, the broader the concept becomes.
Is an Envelope a Bag?
Returning to our original question, I think there is a surprisingly persuasive argument that it is.
An envelope is:
- a flexible container;
- designed to hold something;
- intended to protect its contents;
- sealed after being filled; and
- opened by the recipient.
Functionally, that sounds remarkably similar to many other forms of bag.
The fact that English has evolved a more specific word doesn’t necessarily prevent it from being a type of bag.
It’s rather like saying every square is a rectangle, but not every rectangle is a square.
Likewise, every envelope could arguably be regarded as a specialised paper bag, even though not every bag is an envelope.
Whether everyone agrees with that conclusion is another matter.
Why Lawyers Love Questions Like This
One of the things I enjoy most about the law is that it often turns apparently simple words into surprisingly complicated questions.
What is “reasonable”?
What counts as “damage”?
What is a “vehicle”?
What amounts to “occupation”?
And now, apparently…
What is a bag?
The answer often depends on context, the purpose of the legislation and, where available, judicial interpretation.
Sometimes, the most ordinary words generate the most interesting legal discussions.
The Verdict
Did I convince my assistant that an envelope is a bag?
I’m not entirely sure.
Did I find a legal definition?
No.
Did I discover that Parliament has been referring to “bags” for nearly four centuries?
Absolutely.
Perhaps that’s the real lesson.
Sometimes the law doesn’t provide an answer because it doesn’t need to. It simply relies on the ordinary meaning of everyday words.
As for me, I’ll continue to maintain that an envelope is simply a very well-behaved paper bag.
But what do you think?
Is an envelope a bag?
I’d genuinely be interested to hear your thoughts. Feel free to leave a comment below—whether you’re a lawyer, a linguist, or simply someone with a strong opinion about stationery!