Sumptuary laws
   HOME

TheInfoList



OR:

Sumptuary laws (from
Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
''sūmptuāriae lēgēs'') are laws that try to regulate consumption. ''
Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West ...
'' defines them as "Laws made for the purpose of restraining luxury or extravagance, particularly against inordinate expenditures for apparel, food, furniture, etc." Historically, they were intended to regulate and reinforce social hierarchies and morals through restrictions on clothing, food, and luxury expenditures, often depending on a person's social rank. Societies have used sumptuary laws for a variety of purposes. They were used to try to regulate the balance of trade by limiting the market for expensive imported goods. They made it easy to identify
social rank A social class is a grouping of people into a set of hierarchical social categories, the most common being the upper, middle and lower classes. Membership in a social class can for example be dependent on education, wealth, occupation, inc ...
and privilege, and as such could be used for
social discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, reli ...
. They could also be used to prevent, or at least reduce opportunities for political bribery and corruption. The laws often prevented
commoner A commoner, also known as the ''common man'', ''commoners'', the ''common people'' or the ''masses'', was in earlier use an ordinary person in a community or nation who did not have any significant social status, especially a member of neither ...
s from imitating the appearance of aristocrats, and could be used to stigmatize disfavored groups. In Late
Medieval cities In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
, sumptuary laws were instituted as a way for the
nobility Nobility is a social class found in many societies that have an aristocracy. It is normally ranked immediately below royalty. Nobility has often been an estate of the realm with many exclusive functions and characteristics. The character ...
to limit the
conspicuous consumption In sociology and in economics, the term conspicuous consumption describes and explains the consumer practice of buying and using goods of a higher quality, price, or in greater quantity than practical. In 1899, the sociologist Thorstein Veblen c ...
of the prosperous
bourgeoisie The bourgeoisie ( , ) is a social class, equivalent to the middle or upper middle class. They are distinguished from, and traditionally contrasted with, the proletariat by their affluence, and their great cultural and financial capital. Th ...
. Bourgeois subjects appearing to be as wealthy as or wealthier than the ruling nobility could undermine the nobility's presentation of themselves as powerful, legitimate rulers. This could call into question their ability to control and defend their
fief A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form ...
, thus inspire traitors and rebels. Such laws continued to be used for these purposes well into the 17th century.


Classical world


Ancient Greece

The first written Greek law code (Locrian code), by Zaleucus in the seventh century BC, stipulated: It also banned the drinking of undiluted
wine Wine is an alcoholic drink typically made from Fermentation in winemaking, fermented grapes. Yeast in winemaking, Yeast consumes the sugar in the grapes and converts it to ethanol and carbon dioxide, releasing heat in the process. Different ...
except for medical purposes.


Ancient Rome

The ''Sumptuariae Leges'' of
ancient Rome In modern historiography, ancient Rome refers to Roman people, Roman civilisation from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD. It encompasses the Roman Kingdom ...
were various laws passed to prevent inordinate expense (Latin ''sūmptus'') in banquets and dress, such as the use of expensive
Tyrian purple Tyrian purple ( grc, πορφύρα ''porphúra''; la, purpura), also known as Phoenician red, Phoenician purple, royal purple, imperial purple, or imperial dye, is a reddish-purple natural dye. The name Tyrian refers to Tyre, Lebanon. It is ...
dye. Roman senators and senior magistrates were entitled to wear a Tyrian purple stripe on their toga and tunic. In the early years of the
Empire An empire is a "political unit" made up of several territories and peoples, "usually created by conquest, and divided between a dominant center and subordinate peripheries". The center of the empire (sometimes referred to as the metropole) ex ...
, men were forbidden to wear
silk Silk is a natural protein fiber, some forms of which can be woven into textiles. The protein fiber of silk is composed mainly of fibroin and is produced by certain insect larvae to form cocoons. The best-known silk is obtained from th ...
, which was deemed an effeminate and morally suspect material. During the height of the Empire, expenditure on silk imported from
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
was so high, Imperial advisers warned that Roman
silver Silver is a chemical element with the symbol Ag (from the Latin ', derived from the Proto-Indo-European ''h₂erǵ'': "shiny" or "white") and atomic number 47. A soft, white, lustrous transition metal, it exhibits the highest electrical ...
reserves were becoming exhausted. The
Roman censor The censor (at any time, there were two) was a magistrate in ancient Rome who was responsible for maintaining the census, supervising public morality, and overseeing certain aspects of the government's finances. The power of the censor was ab ...
s had a duty to put a check upon morals and extravagance in personal and political expenditure. The censors published details of offences in the ''nota censoria'', which listed the names of everyone found guilty of a luxurious mode of living; a great many instances of this kind are recorded. Towards the end of the
Roman Republic The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Ki ...
, laws were passed against political corruption of Roman magistrates, forbidding their attendance at banquets given by candidates or their agents. During the period of transition from Republic to Empire, such antisumptuary laws, which may have still existed were virtually ignored by most. In the period of profligate
luxury Luxury may refer to: *Luxury goods, an economic good or service for which demand increases more than proportionally as income rises *Luxury tax, tax on products not considered essential, such as expensive cars **Luxury tax (sports), surcharge put ...
that characterized the height of the Roman Empire, the laws regarding the wearing of Tyrian purple were rigorously enforced. Infringement of this prohibition was treasonous, so punishable by death.Codex Theodosianus 14.10.2–3, tr. C. Pharr, "The Theodosian Code", p. 415 Roman sumptuary laws applied to both the living and the dead. Rome's most ancient laws, the laws of the Twelve Tables, forbade extravagant expenses at funerals. This included the pouring of wine over the ashes at cremations (which seems nevertheless to have been an invariable practise), the use of smoothed timbers in funeral pyres, and "excessive" mourning.


East Asia


China

Sumptuary laws existed in China in one form or another from the
Qin dynasty The Qin dynasty ( ; zh, c=秦朝, p=Qín cháo, w=), or Ch'in dynasty in Wade–Giles romanization ( zh, c=, p=, w=Ch'in ch'ao), was the first dynasty of Imperial China. Named for its heartland in Qin state (modern Gansu and Shaanxi), ...
onwards (221 BC). The
Confucian Confucianism, also known as Ruism or Ru classicism, is a system of thought and behavior originating in ancient China. Variously described as tradition, a philosophy, a religion, a humanistic or rationalistic religion, a way of governing, or ...
virtue of restraint was embodied in the scholarly system central to China's bureaucracy and became encoded in its laws. Some laws concerned the size and decoration of graves and mausoleums. The founder of the
Ming dynasty The Ming dynasty (), officially the Great Ming, was an Dynasties in Chinese history, imperial dynasty of China, ruling from 1368 to 1644 following the collapse of the Mongol Empire, Mongol-led Yuan dynasty. The Ming dynasty was the last ort ...
, the
Hongwu Emperor The Hongwu Emperor (21 October 1328 – 24 June 1398), personal name Zhu Yuanzhang (), courtesy name Guorui (), was the founding emperor of the Ming dynasty of China, reigning from 1368 to 1398. As famine, plagues and peasant revolts i ...
, issued such regulations in the first year of his rule (1368) and tightened them in 1396, allowing only the highest nobility and officials of the top three ranks a memorial
stele A stele ( ),Anglicized plural steles ( ); Greek plural stelai ( ), from Greek language, Greek , ''stēlē''. The Greek plural is written , ''stēlai'', but this is only rarely encountered in English. or occasionally stela (plural ''stelas'' or ...
installed on top of a stone tortoise; the steles of lower-level mandarins were perched on rectangular pedestals, while commoners had to be satisfied with a simple gravestone. The location of graves and the number of attendant statues depended on rank. After around 1550, sumptuary law in China was reformed. It had long been ineffective. The consumption of luxuries had risen over the previous several centuries, and at the time of the European
Industrial revolution The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...
, Chinese consumption of luxuries such as tea, sugar, fine silk, tobacco, and eating utensils was on a par with core regions in Europe.


Japan under the shōguns

According to ''Britannica Online'', "In feudal Japan, sumptuary laws were passed with a frequency and minuteness of scope that had no parallel in the history of the Western world." During the Tokugawa period (1603–1868) in Japan, people of every class were subject to strict sumptuary laws, including regulation of the types of clothing that could be worn. In the second half of that period (the 18th and 19th centuries), the merchant class (''
chōnin was a social class that emerged in Japan during the early years of the Tokugawa period. In the social hierarchy, it was considered subordinate to the samurai warrior class. Social Class The ''chōnin'' emerged in ''joka-machi'' or castle ...
'') had grown far wealthier than the aristocratic
samurai were the hereditary military nobility and officer caste of medieval and early-modern Japan from the late 12th century until their abolition in 1876. They were the well-paid retainers of the '' daimyo'' (the great feudal landholders). They ...
, and these laws sought to maintain the superiority of the samurai class despite the merchants being able to afford far more luxurious clothing and other items. The
shogunate , officially , was the title of the military dictators of Japan during most of the period spanning from 1185 to 1868. Nominally appointed by the Emperor, shoguns were usually the de facto rulers of the country, though during part of the Kamakura ...
eventually gave in and allowed certain concessions, including allowing merchants of a certain prestige to wear a single sword at their belt; samurai were required to wear a matched pair when on official duty.


Islamic world

Islamic sumptuary laws are based upon teachings found in the
Quran The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , ...
and
Hadith Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approva ...
. Males are exhorted not to wear silk clothes, nor have jewelry made of gold. Likewise, wearing clothes or robes that drag on the ground, seen as a sign of vanity and excessive pride, are also forbidden. These rules do not apply to women, who are allowed all this, but also need to cover their bodies and hair. Prohibition of depictions of human and animal figures in general are similar to those of the Quranic prohibition on graven images. Hadiths do allow the depiction of animals on clothing items.


Medieval and Renaissance Europe

Sumptuary laws issued by secular authorities, aimed at keeping the main population dressed according to their "station", do not begin until the later 13th century. These laws were addressed to the entire social body, but the brunt of regulations was directed at women and the middle classes. Their curbing of display was ordinarily couched in religious and moralizing vocabulary, yet was affected by social and economic considerations aimed at preventing ruinous expenses among the wealthy classes and the drain of capital reserves to foreign suppliers.


Courtesans

Special forms of dress for
prostitute Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
s and
courtesan Courtesan, in modern usage, is a euphemism for a "kept" mistress or prostitute, particularly one with wealthy, powerful, or influential clients. The term historically referred to a courtier, a person who attended the court of a monarch or othe ...
s were introduced in the 13th century - in
Marseille Marseille ( , , ; also spelled in English as Marseilles; oc, Marselha ) is the prefecture of the French department of Bouches-du-Rhône and capital of the Provence-Alpes-Côte d'Azur region. Situated in the camargue region of southern Fra ...
, a striped cloak, in England a striped hood, and so on. Over time, these tended to be reduced to distinctive bands of fabric attached to the arm or shoulder, or tassels on the arm. Later restrictions specified various forms of finery that were forbidden, although there was also sometimes a recognition that finery represented working equipment (and capital) for a prostitute, and they could be exempted from laws applying to other non-noble women. By the 15th century, no compulsory clothing seems to have been imposed on prostitutes in
Florence Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilancio demografico ...
,
Venice Venice ( ; it, Venezia ; vec, Venesia or ) is a city in northeastern Italy and the capital of the Veneto Regions of Italy, region. It is built on a group of 118 small islands that are separated by canals and linked by over 400  ...
(the European capital of courtesans), or
Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. Si ...
.


England

As early as the 12th century, certain articles of clothing were prohibited to crusaders and pilgrims traveling to the Holy Land under the Saladin Tithe of 1188, but scant evidence exists in the historical record of legal regulations on dress in Britain until the reign of
Edward III Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring r ...
, during which prohibitions were enacted on the import of textiles from lands outside Ireland, England, Scotland, and Wales and the exportation of domestically produced
wool Wool is the textile fibre obtained from sheep and other mammals, especially goats, rabbits, and camelids. The term may also refer to inorganic materials, such as mineral wool and glass wool, that have properties similar to animal wool. ...
was likewise banned. The statute contained further restrictions on clothing based on social class; the earliest example of class-based restriction was that of fur, prohibited for anyone below the rank of lady or knight. The restriction on fur was expanded in subsequent decades in London to restrict prostitutes from wearing any furs, including ''budge'' (low-quality wool) or lambswool. In England, which in this respect was typical of Europe, from the reign of Edward III in the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
until well into the 17th century, sumptuary laws dictated what colour and type of clothing, furs, fabrics, and trims were allowed to persons of various ranks or incomes. In the case of clothing, this was intended, amongst other reasons, to reduce spending on foreign textiles and to ensure that people did not dress "above their station": The first major sumptuary act was passed in the April of 1463 during the reign of
Edward IV Edward IV (28 April 1442 – 9 April 1483) was King of England from 4 March 1461 to 3 October 1470, then again from 11 April 1471 until his death in 1483. He was a central figure in the Wars of the Roses, a series of civil wars in Englan ...
. Earlier statutes had sought to control the expense of household
liveries A livery is an identifying design, such as a uniform, ornament, symbol or insignia that designates ownership or affiliation, often found on an individual or vehicle. Livery will often have elements of the heraldry relating to the individual or ...
, but the April 1463 statute marked the first attempt at a comprehensive sumptuary legislation. Scholars have interpreted the act as part of a set of protectionist economic measures that included regulations of the
textile industry The textile industry is primarily concerned with the design, production and distribution of yarn, textile, cloth and clothing. The raw material may be Natural material, natural, or synthetic using products of the chemical industry. Industry p ...
and trade in cloths. This statute is the first known English legislation restricting the use of "royal purple" - a term which, during the Middle Ages, referred not only to the
Tyrian purple Tyrian purple ( grc, πορφύρα ''porphúra''; la, purpura), also known as Phoenician red, Phoenician purple, royal purple, imperial purple, or imperial dye, is a reddish-purple natural dye. The name Tyrian refers to Tyre, Lebanon. It is ...
of Antiquity, but also to crimson, dark reds and royal blue. The language of the act uses technical terminology to restrict certain features of garments that are decorative in function, intended to enhance the silhouette. A second "Act of Apparel" followed in January 1483 restricting
cloth-of-gold Cloth of gold or gold cloth (Latin: ''Tela aurea'') is a fabric woven with a gold-wrapped or spun weft—referred to as "a spirally spun gold strip". In most cases, the core yarn is silk, wrapped (''filé'') with a band or strip of high conten ...
,
sable The sable (''Martes zibellina'') is a species of marten, a small omnivorous mammal primarily inhabiting the forest environments of Russia, from the Ural Mountains throughout Siberia, and northern Mongolia. Its habitat also borders eastern Kaza ...
, ermine, velvet on velvet and satin
brocade Brocade is a class of richly decorative shuttle-woven fabrics, often made in colored silks and sometimes with gold and silver threads. The name, related to the same root as the word " broccoli", comes from Italian ''broccato'' meaning "emb ...
to knights and lords. Damask and satin were allowed for
yeoman Yeoman is a noun originally referring either to one who owns and cultivates land or to the middle ranks of servants in an English royal or noble household. The term was first documented in mid-14th-century England. The 14th century also witn ...
of the Crown and
esquire Esquire (, ; abbreviated Esq.) is usually a courtesy title. In the United Kingdom, ''esquire'' historically was a title of respect accorded to men of higher social rank, particularly members of the landed gentry above the rank of gentlema ...
s and other members of the gentry, only if they had a yearly income of £40. Bustian,
fustian Fustian is a variety of heavy cloth woven from cotton, chiefly prepared for menswear. It is also used figuratively to refer to pompous, inflated or pretentious writing or speech, from at least the time of Shakespeare. This literary use is b ...
, scarlet-dyed cloths and any leathers or animal hides other than lambskins were also restricted. A 1571 Act of Parliament to stimulate domestic wool consumption and general trade decreed that on Sundays and holidays, all males over six years of age, except for the nobility and persons of degree, were to wear woolen caps on pain of a fine of three farthings (¾ penny) per day. This law instituted the
flat cap A flat cap is a rounded cap with a small stiff brim in front, originating in Britain and Ireland. The hat is known in Ireland as a paddy cap; in Scotland as a bunnet; in Wales as a Dai cap; and in the United States as an English cap, Irish ca ...
as part of English wear. The 1571 act was repealed in 1597. An extremely long list of items, specifying colour, materials, and sometimes place of manufacture (imported goods being much more tightly restricted) followed for each sex, with equally specific exceptions by rank of nobility or position held. For the most part, these laws seem to have had little effect, though the
Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advise ...
made repeated amendments to the laws, and several monarchs (most notably the Tudors) continually called for stricter enforcement, especially at Court "to the intent there may be a difference of estates known by their apparel after the commendable custom in times past." The laws were justified by the reasoning that the price of certain goods increased to levels where "the treasure of the land is destroyed, to the great damage of the lords and the commonality" when "various people or various conditions wear various apparel not appropriate to their estate".
Adam Smith Adam Smith (baptized 1723 – 17 July 1790) was a Scottish economist and philosopher who was a pioneer in the thinking of political economy and key figure during the Scottish Enlightenment. Seen by some as "The Father of Economics"—— ...
was against the necessity or convenience of sumptuary laws, he wrote: "of It is the highest impertinence and presumption… in kings and ministers, to pretend to watch over the economy of private people, and to restrain their expense... They are themselves always, and without any exception, the greatest spendthrifts in the society. Let them look well after their own expense, and they may safely trust private people with theirs. If their own extravagance does not ruin the state, that of their subjects never will."


Italy

During the Medieval and
Renaissance The Renaissance ( , ) , from , with the same meanings. is a period in European history marking the transition from the Middle Ages to modernity and covering the 15th and 16th centuries, characterized by an effort to revive and surpass ide ...
eras in Italy, various towns passed sumptuary laws (''leggi suntuarie'') often in response to particular events or movements. For example,
San Bernardino da Siena Bernardino of Siena, OFM (8 September 138020 May 1444), also known as Bernardine, was an Italian priest A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between hu ...
, in his public sermons in Siena, thundered against the vanity of luxurious dress; this, however, was counterbalanced by the economic benefit Siena derived as a manufacturer of items, including clothes, of luxury. One source describes these types of laws as constantly published, and generally ignored. These laws, mostly aimed at female apparel, sometimes became a source of revenue for the state: the Florentine laws of 1415 restricted the luxury that could be worn by women, but exempted those willing to pay 50 florins a year. The laws were often quite specific. Low necklines were prohibited in
Genoa Genoa ( ; it, Genova ; lij, Zêna ). is the capital of the Italian region of Liguria and the sixth-largest city in Italy. In 2015, 594,733 people lived within the city's administrative limits. As of the 2011 Italian census, the Province of ...
,
Milan Milan ( , , Lombard: ; it, Milano ) is a city in northern Italy, capital of Lombardy, and the second-most populous city proper in Italy after Rome. The city proper has a population of about 1.4 million, while its metropolitan city ...
, and Rome in the early 16th century, and laws restricting
zibellini A zibellino, flea-fur or fur tippet is a women's fashion accessory popular in the later 15th and 16th centuries. A zibellino, from the Italian (language), Italian word for "sable", is the Fur, pelt of a sable or marten worn draped at the neck or ...
(
sable The sable (''Martes zibellina'') is a species of marten, a small omnivorous mammal primarily inhabiting the forest environments of Russia, from the Ural Mountains throughout Siberia, and northern Mongolia. Its habitat also borders eastern Kaza ...
furs carried as fashion accessories) with heads and feet of precious metals and jewels were issued in
Bologna Bologna (, , ; egl, label= Emilian, Bulåggna ; lat, Bononia) is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous city in Italy with about 400,000 inhabitants and 150 different na ...
in 1545 and Milan in 1565.


France

Montaigne Michel Eyquem, Sieur de Montaigne ( ; ; 28 February 1533 – 13 September 1592), also known as the Lord of Montaigne, was one of the most significant philosophers of the French Renaissance. He is known for popularizing the essay as a lit ...
's brief essay "On sumptuary laws" criticized 16th-century French laws, beginning: He also cites
Plato Plato ( ; grc-gre, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was a Greek philosopher born in Athens during the Classical period in Ancient Greece. He founded the Platonist school of thought and the Academy, the first institution ...
and Zaleucus.


Scotland

One of the earliest known Scottish sumptuary regulations was passed in 1429 during the reign of
James I of Scotland James I (late July 139421 February 1437) was King of Scots from 1406 until his assassination in 1437. The youngest of three sons, he was born in Dunfermline Abbey to King Robert III and Annabella Drummond. His older brother David, Duke of ...
. The text, written in
Old Scots Early Scots was the emerging literary language of the Northern Middle English speaking parts of Scotland in the period before 1450. The northern forms of Middle English descended from Northumbrian Old English. During this period, speakers refe ...
, preserves some medieval legal terminology related to textiles, limiting silk, some types of furs ( pine martens, beech martens) and other items to men of certain social ranks like knight, lord, burgess, and their families. As with the laws of
Henry V of England Henry V (16 September 1386 – 31 August 1422), also called Henry of Monmouth, was King of England and Lord of Ireland from 1413 until his death in 1422. Despite his relatively short reign, Henry's outstanding military successes in the ...
in 1420, silver plating was reserved for the
spur A spur is a metal tool designed to be worn in pairs on the heels of riding boots for the purpose of directing a horse or other animal to move forward or laterally while riding. It is usually used to refine the riding aids (commands) and to ba ...
s of knights and the apparel of barons or higher ranking persons.
Metalsmiths A metalsmith or simply smith is a craftsperson fashioning useful items (for example, tools, kitchenware, tableware, jewelry, armor and weapons) out of various metals. Smithing is one of the oldest metalworking occupations. Shaping metal with a ...
caught violating these laws would be punished by death and all their lands and goods forfeit. Embroidery and pearls were also restricted.
Yeomen Yeoman is a noun originally referring either to one who owns and cultivates land or to the middle ranks of servants in an English royal or noble household. The term was first documented in mid-14th-century England. The 14th century also witn ...
and commoners could not wear colored clothes longer than the knee. The poke sleeve that narrowed at the wrist were allowed for sentinel yeomen who lived in their lord's house and rode with the gentlemen. Commoners' wives could not wear long-tail hoods or side-necked hoods, poked sleeves, or caps made from rich textiles like
Lawn cloth Lawn cloth or lawn is a fine plain weave textile, made with fine combed cotton. Terms also used include batiste and nainsook. Originally the name applied to plain weave linen, and linen lawn is also called "handkerchief linen". The term ''lawn'' i ...
or Rheims (fine
linen Linen () is a textile made from the fibers of the flax plant. Linen is very strong, absorbent, and dries faster than cotton. Because of these properties, linen is comfortable to wear in hot weather and is valued for use in garments. It also ...
).


Early modern era

Sumptuary laws were repealed in the early 17th century, but new
protectionist Protectionism, sometimes referred to as trade protectionism, is the economic policy of restricting imports from other countries through methods such as tariffs on imported goods, import quotas, and a variety of other government regulations. ...
laws were passed prohibiting the purchase of foreign silks and laces. Prohibitions were tied to rank and income and continued to be widely ignored.


France

In 1629 and 1633,
Louis XIII of France Louis XIII (; sometimes called the Just; 27 September 1601 – 14 May 1643) was King of France from 1610 until his death in 1643 and King of Navarre (as Louis II) from 1610 to 1620, when the crown of Navarre was merged with the French crow ...
issued edicts regulating "Superfluity of Dress" that prohibited anyone but princes and the nobility from wearing gold embroidery or caps, shirts, collars, and cuffs embroidered with metallic threads or lace, and puffs, slashes, and bunches of ribbon were severely restricted. As with other such laws, these were widely disregarded and laxly enforced. A series of popular engravings by
Abraham Bosse Abraham Bosse ( – 14 February 1676) was a French artist, mainly as a printmaker in etching, but also in watercolour. In the
Massachusetts Bay Colony The Massachusetts Bay Colony (1630–1691), more formally the Colony of Massachusetts Bay, was an English settlement on the east coast of North America around the Massachusetts Bay, the northernmost of the several colonies later reorganized as th ...
, a 1634 prohibition deemed that only people with a personal fortune of at least two hundred pounds could wear
lace Lace is a delicate fabric made of yarn or thread in an open weblike pattern, made by machine or by hand. Generally, lace is divided into two main categories, needlelace and bobbin lace, although there are other types of lace, such as knitted o ...
, silver or gold thread or
button A button is a fastener that joins two pieces of fabric together by slipping through a loop or by sliding through a buttonhole. In modern clothing and fashion design, buttons are commonly made of plastic but also may be made of metal, wood, o ...
s,
cutwork Cutwork or cut work, also known as ''punto tagliato'' in Italian, is a needlework technique in which portions of a textile, typically cotton or linen, are cut away and the resulting "hole" is reinforced and filled with embroidery or needle lace. ...
,
embroidery Embroidery is the craft of decorating fabric or other materials using a needle to apply thread or yarn. Embroidery may also incorporate other materials such as pearls, beads, quills, and sequins. In modern days, embroidery is usually seen ...
, hatbands, belts, ruffles, capes, and other articles. After a few decades, the law was being widely defied. By 1651, flouting of the rules causes the leadership to issue a new strongly worded regulation to the populace again.


Modern era

While rarely do restrictions exist on the type or quality of clothing, beyond maintenance of public decency (covering parts of the body, depending upon the
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
, not exhibiting unacceptable wording or images), wearing certain types of clothing is restricted to specific occupations, specifically the
uniform A uniform is a variety of clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are most often worn by armed forces and paramilitary organizations such as police, emergency services, ...
s of organisations such as
police The police are a Law enforcement organization, constituted body of Law enforcement officer, persons empowered by a State (polity), state, with the aim to law enforcement, enforce the law, to ensure the safety, health and possessions of citize ...
and the
military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. In some jurisdictions, clothing or other visible signs of religious or political opinion (e.g. Nazi imagery in Germany) are forbidden in certain public places. Many American states in the 20th century prohibited the wearing of
KKK The Ku Klux Klan (), commonly shortened to the KKK or the Klan, is an American white supremacist, right-wing terrorist, and hate group whose primary targets are African Americans, Jews, Latinos, Asian Americans, Native Americans, and Cath ...
hoods, masks, masquerade, or drag; gay men in New York City seized on the exemption for
masquerade ball A masquerade ball (or ''bal masqué'') is an event in which many participants attend in costume wearing a mask. (Compare the word " masque"—a formal written and sung court pageant.) Less formal " costume parties" may be a descendant of this t ...
s in the 1920s to 1930s to go in drag.


Proscription or requirement of native dress

Sumptuary laws have also been used to control populations by prohibiting the wearing of native dress and hairstyles, along with the proscription of other cultural customs.
Sir John Perrot Sir John Perrot (7 November 1528 – 3 November 1592) served as lord deputy to Queen Elizabeth I of England during the Tudor conquest of Ireland. It was formerly speculated that he was an illegitimate son of Henry VIII, though the idea is reject ...
, the
Lord Deputy of Ireland The Lord Deputy was the representative of the monarch and head of the Irish executive under English rule, during the Lordship of Ireland and then the Kingdom of Ireland. He deputised prior to 1523 for the Viceroy of Ireland. The plural form is ' ...
under
Queen Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". Eli ...
, banned the wearing of traditional woollen mantles, "open smocks" with "great sleeves", and native headdresses, requiring the people to dress in "civil garments" in the English style. In a similar manner, the Dress Act of 1746, which formed part of the Act of Proscription issued under King George II following the
Jacobite rising of 1745 The Jacobite rising of 1745, also known as the Forty-five Rebellion or simply the '45 ( gd, Bliadhna Theàrlaich, , ), was an attempt by Charles Edward Stuart to regain the British throne for his father, James Francis Edward Stuart. It took ...
, made the wearing of
Highland dress Highland dress is the traditional, regional dress of the Highlands and Isles of Scotland. It is often characterised by tartan (''plaid'' in North America). Specific designs of shirt, jacket, bodice and headwear may also be worn along with cla ...
, including
tartan Tartan ( gd, breacan ) is a patterned cloth consisting of criss-crossed, horizontal and vertical bands in multiple colours. Tartans originated in woven wool, but now they are made in other materials. Tartan is particularly associated with Sc ...
and
kilt A kilt ( gd, fèileadh ; Irish: ''féileadh'') is a garment resembling a wrap-around knee-length skirt, made of twill woven worsted wool with heavy pleats at the sides and back and traditionally a tartan pattern. Originating in the Scottish ...
s, illegal in
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
(an exemption was made for
soldier A soldier is a person who is a member of an army. A soldier can be a Conscription, conscripted or volunteer Enlisted rank, enlisted person, a non-commissioned officer, or an Officer (armed forces), officer. Etymology The word ''soldier'' deri ...
s and
veteran A veteran () is a person who has significant experience (and is usually adept and esteemed) and expertise in a particular occupation or field. A military veteran is a person who is no longer serving in a military. A military veteran that h ...
s). The Act was eventually repealed in 1782, and during the
Regency A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
and
Victorian era In the history of the United Kingdom and the British Empire, the Victorian era was the period of Queen Victoria's reign, from 20 June 1837 until her death on 22 January 1901. The era followed the Georgian period and preceded the Edwa ...
s, Highland dress gained widespread popularity, in part thanks to the
visit of George IV to Scotland The visit of George IV to Scotland in 1822 was the first visit of a reigning monarch to Scotland in nearly two centuries, the last being by King Charles II for his Scottish coronation in 1651. Government ministers had pressed the King to bri ...
in 1822, which was organised by Scottish writer
Sir Walter Scott Sir Walter Scott, 1st Baronet (15 August 1771 – 21 September 1832), was a Scottish novelist, poet, playwright and historian. Many of his works remain classics of European and Scottish literature, notably the novels '' Ivanhoe'', '' Rob Roy ...
. In
Bhutan Bhutan (; dz, འབྲུག་ཡུལ་, Druk Yul ), officially the Kingdom of Bhutan,), is a landlocked country in South Asia. It is situated in the Eastern Himalayas, between China in the north and India in the south. A mountainou ...
, the wearing of traditional dress (which also has an ethnic connotation) in certain places, such as when visiting government offices, was made compulsory in 1989 under the ''
driglam namzha The Driglam Namzha () is the official code of etiquette and dress code of Bhutan. It governs how citizens should dress in public as well as how they should behave in formal settings. It also regulates a number of cultural assets such as art and arc ...
'' laws. Part of the traditional dress includes the
kabney A kabney ( Dzongkha: བཀབ་ནེ་; Wylie: ''bkab-ne'') is a silk scarf worn as a part of the gho, the traditional male attire in Bhutan.Gyurme Dorje. ''Footprint Bhutan''. Footprint, 004 . Section "National dress", p 261 It is raw silk, ...
, a long scarf whose coloring is regulated. Only the King of Bhutan and Chief Abbot may don the saffron scarf, with various other colors reserved for government and religious officers, and white available for common people.


Pejorative uses of the term "sumptuary law"

The term "sumptuary law" has been used as a
pejorative A pejorative or slur is a word or grammatical form expressing a negative or a disrespectful connotation, a low opinion, or a lack of respect toward someone or something. It is also used to express criticism, hostility, or disregard. Sometimes, a ...
term to describe any governmental control of consumption, whether based on moral, religious, health, or public safety concerns. American Judge
Thomas M. Cooley Thomas McIntyre Cooley (January 6, 1824 – September 12, 1898) was the 25th Justice and a Chief Justice of the Michigan Supreme Court, between 1864 and 1885. Born in Attica, New York, he was father to Charles Cooley, a distinguished American so ...
generally described their modern form as laws that "substitute the legislative judgment for that of the proprietor, regarding the manner in which he should use and employ his property." Policies to which the term has been critically applied include alcohol prohibition, drug prohibition,
smoking ban Smoking bans, or smoke-free laws, are public policies, including criminal laws and occupational safety and health regulations, that prohibit tobacco smoking in certain spaces. The spaces most commonly affected by smoking bans are indoor workpl ...
s, and restrictions on
dog fighting Dog fighting is a type of blood sport that turns game and fighting dogs against each other in a physical fight, generally to the death, for the purposes of gambling or entertainment to the spectators. In rural areas, fights are often staged i ...
.


Alcohol prohibition

As early as 1860,
Anthony Trollope Anthony Trollope (; 24 April 1815 – 6 December 1882) was an English novelist and civil servant of the Victorian era. Among his best-known works is a series of novels collectively known as the '' Chronicles of Barsetshire'', which revolves ar ...
, writing about his experiences in
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and nor ...
under the state's prohibition law, stated, "This law (prohibition), like all sumptuary laws, must fail." In 1918,
William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...
decried
prohibition in the United States In the United States from 1920 to 1933, a nationwide constitutional law prohibited the production, importation, transportation, and sale of alcoholic beverages. The alcohol industry was curtailed by a succession of state legislatures, an ...
as a bad sumptuary law, stating that one of his reasons for opposing prohibition was his belief that "sumptuary laws are matters for parochial adjustment." Taft later repeated this concern. The
Indiana Supreme Court The Indiana Supreme Court, established by Article 7 of the Indiana Constitution, is the highest judicial authority in the state of Indiana. Located in Indianapolis, the Court's chambers are in the north wing of the Indiana Statehouse. In Decem ...
also discussed alcohol prohibition as a sumptuary law in its 1855 decision ''Herman v. State''. During state conventions on the ratification of the 21st Amendment in 1933, numerous delegates throughout the United States decried prohibition as having been an improper sumptuary law that never should have been included in the
Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nati ...
. In 1971, a United States federal study stated that federal laws on alcohol include "sumptuary laws which are directed at the purchaser", including, "Sales are not permitted to minors or intoxicated persons. Credit is often prohibited on liquor sales, as well. Criminal penalties may be imposed for driving under the influence of alcohol, as well as for drunken behavior."Jane Lang McGrew, ''History of Alcohol Prohibition''
published for the National Commission on Marihuana and Drug Abuse, 1971.


Drug prohibition

When the U.S. state of
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
considered
cannabis ''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: '' Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternative ...
decriminalization Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal penalties in relation to them. This reform ...
in two initiatives, 229 and 248, the initiatives' language stated, "Cannabis prohibition is a sumptuary law of a nature repugnant to our Constitution's framers."


See also

* Statute Concerning Diet and Apparel 1363 *
Dancing ban Dancing bans are legal or religious prohibitions against dancing, which have been applied at various times in various jurisdictions around the world. This article deals with general bans on recreational and artistic dancing, as opposed to bans on e ...
* Fat tax * Frugality rules


References


Citations


Bibliography

* *


Further reading

*Brundage, James (1987). ''Sumptuary Laws and Prostitution in Late Medieval Italy''. Amsterdam: Elsevier. *Dubos, Paul (1888). ''Droit romain, le luxe et les lois somptuaires: économie politique de l'influence du luxe sur la répartition des richesses''. Paris: Université de France, Faculté de droit de Paris. (2014 reprint. Hachette: Paris. .) *Garlet, Tamara (2007). ''Le contrôle de l'apparence vestimentaire à Lausanne d'après les lois somptuaires bernoises et les registres du Consistoire de la Ville (1675–1706)''.
University of Lausanne The University of Lausanne (UNIL; french: links=no, Université de Lausanne) in Lausanne, Switzerland was founded in 1537 as a school of Protestant theology, before being made a university in 1890. The university is the second oldest in Switzer ...
. www.rero.ch *Hayward, Maria (2009). ''Rich Apparel: Clothing and the Law in Henry VIII's England''. Farnham: Ashgate. *Killerby, Catherine (2002). ''Sumptuary Law in Italy: 1200–1500''. New York: Oxford University Press. *Miles, Deri Pode (1987). ''Forbidden Pleasures: Sumptuary Laws and the Ideology of Decline in Ancient Rome''. University of London Press. *Panizza, Letizia (2000). ''Women in Italian Renaissance Society''. Oxford: European Humanities Research Centre. *Zanda, Emanuela (2011). ''Fighting Hydra-Like Luxury: Sumptuary Laws in the Roman Republic''. London: Bristol Classical Press. {{Authority control Class discrimination Clothing controversies History of clothing Legal history Roman law Social classes Prohibitionism