Sumptuary Laws: Apparel Restrictions In Different Countries

Sumptuary laws, from the Latin sūmptuāriae lēgēs, are laws that aim to regulate consumption and curb expenditure on items such as apparel, food, furniture, and shoes. These laws have been enacted in various countries throughout history, including ancient Rome, Greece, China, Japan, the Ottoman Empire, and European nations during the Middle Ages and early modern period. The laws were often used to reinforce social hierarchies, distinguish social classes, and stabilize social structures, particularly by restricting the lower social classes from wearing luxurious clothing or accessories that were typically admired by the elites, such as silk fabrics, scented gloves, and feathers in hats. While the effectiveness of these laws is debated, they provide valuable historical insight into the types of garments, textiles, and accessories used and desired by different social groups.

Sumptuary laws in the Roman Empire

Sumptuary laws are laws that aim to regulate consumption and restrain luxury or extravagance, especially regarding spending on apparel, food, furniture, shoes, etc. They have been used by societies to maintain social hierarchies, reduce opportunities for political corruption, and regulate trade.

The Roman Empire had a system of sumptuary laws in place, with the earliest ones targeted at the dress of women. While male citizens wore the uniform toga, women's attire was a way for them to display their wealth and that of their families. The earliest sumptuary laws in Rome limited the amount of gold an independent woman could own to half an ounce and forbade them from wearing dresses trimmed in purple or riding in carriages within half a mile of any town. Men also faced restrictions, but most of the burden was placed on women.

In 215 B.C.E., after the battle of Cannae, the Lex Oppia, or Oppian Law, was passed to help the treasury fund increased military spending. Once Rome had financially recovered, the sanctions on men were repealed, and they were allowed to wear purple again and equip their horses with extravagant accoutrements. However, the restrictions on women remained, leading to protests in the streets of Rome in 195 B.C.E. The Lex Oppia was eventually repealed, and women gained more independence in their choice of attire.

Another notable Roman sumptuary law pertained to the use of Tyrian purple dye. Roman senators and senior magistrates were entitled to wear a Tyrian purple stripe on their togas and tunics. During the height of the Empire, the laws regarding the wearing of Tyrian purple were rigorously enforced, and infringement was punishable by death.

Roman sumptuary laws also applied to both the living and the dead. Rome's ancient laws, the laws of the Twelve Tables, forbade extravagant expenses at funerals, including the pouring of wine over the ashes at cremations and the use of smoothed timbers in funeral pyres.

In addition to dress and funeral expenses, most Roman sumptuary laws aimed to control spending on banquets and festivals. These laws tried to limit the number of guests at entertainments and forbade the consumption of certain foods.

Sumptuary laws in Medieval England

Sumptuary laws were passed in many countries throughout history, including England, France, Italy, Germany, China, Japan, the American colonies, and Scotland. The laws were designed to regulate consumption, particularly against extravagant expenditures on apparel, food, furniture, or shoes. They were also used to reinforce social hierarchies and morals through restrictions on clothing, food, and luxury expenditures, often depending on a person's social rank.

In Medieval England, Sumptuary Laws were imposed by monarchs to curb the expenditure of the people and to control behaviour, ensuring that the class structure was maintained. The laws applied to both food and clothing, with the first recorded English Sumptuary Laws of the Middle Ages being enacted in 1281 and 1309. The law from 1281 regulated the apparel of workmen who were supplied with clothing by their employers as part of their wages.

The next records of sumptuary legislation in England occurred during the reign of King Edward II (1284-1327), which was related to food expenditure. King Edward II issued a proclamation against the 'outrageous consumption of meats and fine dishes' by nobles. This was followed by further legislation during the reign of King Edward III (1312-1377), which regulated the dress of various classes of the English people, promoted English garments, and preserved class distinctions.

The English Sumptuary Laws of 1336, 1337, and 1363 are well-known examples of these regulations. The law of 1336 attempted to curb expenditure and preserve class distinction by restricting the length of shoes. The 1337 law promoted English garments and restricted the wearing of furs, while the 1363 law included regulations on the dress of women based on their father's or husband's position.

Violating these laws could result in harsh penalties, including fines, loss of property, title, or even death in extreme cases. The laws were not always successful, as people often found ways to circumvent them. Despite this, Sumptuary Laws played a significant role in shaping Medieval English society and fashion.

Sumptuary laws in the American colonies

Sumptuary laws were present and enforced in the American colonies. These laws were designed to regulate habits, particularly on moral or religious grounds, and distinguish the classes of people. Sumptuary laws existed in all of the colonies and included general colonial statutes, local regulations, applications of common law to local situations, and fixed customs of the people in different colonies.

In the Massachusetts Bay Colony, a 1634 prohibition deemed that only people with a personal fortune of at least £200 could wear lace, silver or gold thread or buttons, cutwork, embroidery, hatbands, belts, ruffles, capes, and other articles. However, this law was widely defied, and in 1651, a new regulation was issued. This law stated that "none shall wear any velvet, tufted taffeta, satin, or any gold or silver in their petticoats" unless they were "wives of barons, knights of the order, or councilors' ladies, and gentlewomen of the privy chamber and bed chamber, and the maids of honour."

In 1651, the Massachusetts Bay Colony also passed a sumptuary law regarding great boots, which were tall boots that could be worn above the knee for riding or folded down for general wear. These boots were fashionable among the privileged class, and the law was enacted to restrict their consumption by those who couldn't afford them. The law also indicated that leather was a scarce commodity in the colony.

Another example of a sumptuary law in the American colonies was the Blue Laws of Connecticut, originally compiled by the Loyalist and Anglican clergyman Samuel A. Peters. These laws were the best-known sumptuary laws and were accepted or denounced by people for many years. A detailed analysis of these laws by Walter F. Prince found that half of them existed in New Haven, and more than four-fifths existed in one or more of the New England colonies.

Different kinds of sumptuary laws predominated in different times and places. Some common laws prohibited wearing gold decorations, lace, hatbands, ruffles, silks, and similar materials when one's station in life did not warrant such expensive clothing. These laws were most common during the 17th century and were enforced in many colonies through fines.

The most widespread sumptuary laws governed religious life, with all colonies having laws against Sabbath breaking and most colonies mandating church attendance. Enforcement of these laws was probably stricter in New England due to the structure of government, which depended on cooperation between ecclesiastical and secular authorities.

Sumptuary laws in early modern Europe

Sumptuary laws were issued in early modern Europe to regulate dress and appearance. These laws were designed to limit spending and excess clothing at all social levels, but legislation was often particularly strict when it came to luxury clothing at lower social levels. Due to their low social and economic status, individuals and families at artisanal levels were forbidden from wearing the most expensive and prestigious garments, which were typically made from silk fabrics. Sumptuary laws were also used to limit spending on accessories that were admired by the elites, including scented gloves, feathers in hats, and slippers.

Sumptuary laws were often extremely detailed, providing an indispensable historical record of the types of garments, textiles, and accessories that were used, worn, circulated, and desired by men and women. They also shed light on how these garments were made, decorated, and accessorised.

Sumptuary law documentation consists of several different types of sources, including statutes, clothing marking, and reports and court cases. Statutes were drawn up by city officials appointed to control dress and defined the types, quality, and quantity of items that each social group was allowed to wear. Such statutes were issued at frequent intervals in Italian and Danish towns, with new reforms introduced 14 times in Florence between 1550 and 1650, and 8 times in Siena.

Clothing marking was another method used to enforce sumptuary laws. When new laws were published, legislators required individuals to bring newly prohibited garments for inspection within 30 days of the publication of the new law. A notary would then record the article in a special register of clothing, specifying the name of the owner, the garment, and the colour and quality of the fabric. Once the owner had paid a small fee, the dress was marked with a lead seal, allowing the owner to wear the dress for three more years or make alterations.

Italian societies also established systems to control the laws, such as the Sienese office of Quattro Censori, which encouraged the city's inhabitants to report all offences against sumptuary laws. Anyone above 20 years old could anonymously submit a secret denunciation, declaring the name of the offender, the item worn, its quality, how it was against the prohibitions, and the time and place it was worn. Similar systems were in place in Florence, where state officials caught offenders at taverns, marketplaces, piazze, and the entrance of the Duomo, removing forbidden jewellery and accessories from people's necks and arms.

Sumptuary laws in Feudal Japan

Sumptuary laws, derived from the Latin "sūmptuāriae lēgēs", are laws that aim to regulate consumption and curb luxury or extravagance. In feudal Japan, these laws were passed with a frequency and scope unseen in the Western world. During the Edo period (1603–1868), sumptuary laws were applied to all social classes, including the samurai, farmers, artisans, merchants, and townspeople.

Early History of Sumptuary Laws in Japan

Sumptuary laws have a long history in Japan, dating back to the 700s. In 721, horse ownership was regulated according to rank, with abstention and moderation being encouraged to maintain governance and royal authority. Around 999, the Grand Council of State issued sumptuary laws declaring, "Any luxurious clothes or extravagance is prohibited." This trend continued during the Kenmu Restoration, when Emperor Godaigo attempted to curb extravagant behaviour with an "interdiction of extravagant behaviour" decree.

Edo Period Sumptuary Laws

During the Edo period, the shogunate enacted strict sumptuary laws to maintain the superiority of the samurai class, as merchants were amassing larger fortunes and could afford more luxurious clothing. The laws regulated the types of clothing that could be worn by different social classes. For example, lower-ranking samurai were banned from wearing luxurious outfits and were restricted to clothing made of tsumugi (silk fabric) or silk. Farmers were also banned from using silk for their collars and obi (kimono sash), and their clothing was limited to hemp and cotton.

The most severe sumptuary laws were issued during the Tenpo Reforms. These laws restricted merchants and artisans from wearing certain types of clothing and were aimed at reinforcing the social hierarchy and maintaining the superiority of the samurai and farmers.

Impact and Enforcement

While the sumptuary laws were frequently issued, compliance was often an issue. People tended to follow the rules only for a short time after their enactment, and lawbreakers emerged in both cities and rural areas. Additionally, the bakufu (feudal government) sometimes had to tolerate exceptions, such as when lower-ranked individuals wore clothes granted by higher-ranked individuals as a reward for their service, following the Confucian teaching of loyalty.

The Edo-period sumptuary laws had an impact on two principal areas of social and political life: "Content and the Expression of Ideas" and "Appearance and Expenditures." They restricted the publication of certain content, such as current events, unorthodox theories, and erotica, and attempted to control the expression of ideas deemed threatening to public decorum or subversive to the ruling shogunate.

Comparison to Other Countries

The frequency and scope of sumptuary laws in feudal Japan were unique compared to the history of the Western world. However, sumptuary laws were also prevalent in other countries, including ancient Greece, ancient Rome, China, and various European countries during the Medieval and Renaissance periods. These laws were often used to reinforce social hierarchies, limit the market for expensive imported goods, and prevent commoners from imitating the appearance of aristocrats.

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