SECTION CCXXXIV.. History of Sumptuary Laws.

HISTORY OF SUMPTUARY LAWS.

As in Italy, Frederick II., in Aragon, Iago I., in 1234, in England, Edward III., by 37, Edward III., c. 8 ff., so in France Philip IV. was the first who busied himself seriously with sumptuary legislation;[234-1] that is the same king who had introduced in so many things the modern political life into France. (For instance, the ordinance of 1294, regulating apparel and the luxury of the table.) In the 14th century, we find sumptuary laws directed mainly against expense for furs, and in the 16th mainly against that for articles of gold and silver. From the descriptions left us in such laws of the prohibited luxuries, we may learn as much of the history of technology and of fashion, as we may of the history of classes from the gradation of the things permitted. The fines imposed for violations of these laws, under Philip IV. went for the most part to the territorial lord; and in the 16th and 17th centuries to the foundation of charitable institutions. The state, as a rule, took no share of them; doubtless to avoid the odium which might attach to this kind of revenue.

Beginning with the end of the 16th century, the sumptuary laws of France relating to the luxuries permitted to the several classes of the people disappear. The legislator ceases to be guided by moral considerations and begins to be influenced by reasons partaking of a commercial and police character; and here we may very clearly demonstrate the origin of the so-called mercantile or protective system. Thus, in the declaration of Louis XIV. dated December 12, 1644, we find a complaint, that not only does the importation of foreign articles of luxury threaten to rob France of all its gold and silver, but also that the home manufacture of gold cloth, etc., which at Lyons alone ate up 10,000 livres a week, had the same effect. Under Colbert, in 1672, it was specially provided for, in the prohibition of coarser silver ware, that all such ware should be brought to the mint.[234-2] In the edict of 1660, the king even says that he has in view especially the higher classes, officers, courtiers, etc., in whom it was his duty to be most deeply interested. To preserve the latter from impoverishment was the main object of the law.

Under Louis XV. all sumptuary laws were practically a dead letter.[234-3] Their enforcement is, indeed, exceedingly difficult, as it is always harder to superintend consumption than production. The latter is carried on in definite localities, not unfrequently even in the open air. The former is carried on in the secrecy of a thousand homes. Besides, sumptuary laws have very often the effect to make the forbidden fruit all the sweeter. Where they are based on a difference of class, not only the passion for pleasure, but the vanity of the lower classes is an incentive to their violation.[234-4] Spite of the severity of the penalties attached to the violation of these laws, of redoubled measures of control, which are dreadful burdens on the intercourse between man and man,[234-5] the French government has been compelled to admit, after almost every internal commotion, and almost every external war, that its sumptuary laws fell into disuse.