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Sumptuary Laws

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SUMPTUARY LAWS (Lat. sumptuarius, relating to expenditure, from minipills, expendi ture, expense, from sumere, to take up, choose, apply, spend, from sub, under 4- mere, to take, buy). Laws to prevent extravagance in private expenditure, and indirectly to prevent immoral ity and crime. The purposes of sumptuary legis lation may be grouped under the following heads: (1) To prevent poverty and diminish the cost of supporting the poor; (2) to increase the possible revenue of the State by diminishing pri vate expenditure: (3) to prevent luxury when considered an evil; (4) to favor certain com mercial or political interests: (5) to enforce class distinctions: (6) to prevent the consump tion of commodities, as liquors and tobacco, which are considered dangerous to health and morals. Sumptuary laws were common in an cient legislation. By means of them Greece en deavored to inculedte simple habits of life among her people. Women, except prostitutes. were forbidden to wear expensive attire, as gold or embroidered apparel. The laws of Solon forbade costly banquets and funerals. At an early period in Roman history the censors, to whom was in trusted the superintendence of public and private morality, punished all persons guilty of luxuri one living; but as the love of luxury grew with the increase of wealth and foreign conquest, vari ous legislative enactments were passed with the object of restraining it. The Twelve Tables lim ited expenditures for funerals. Other early laws of Rome limited the expenditures of women, specified the number of guests who might be entertained at a single time, and fixed the amount which could be spent on entertainments. A later law made gnests, as well as those who entertained, liable for a violation of these regu lations.

Sumptuary laws found favor in England from the time of Edward III. down to the Reforma tion. In the reign of Edward III. one act pro hibited more than two courses at a meal or more than two kinds of food at a course. except in the principal festivals of the year, when three courses were allowed. Another act prescribed the kinds of clothing the various classes might wear, except the orders of the nobility above the knights. Similar legislation prevailed in Scot land, France, Spain, and Italy.

When the mercantilistic theories of govern ment emerged nations endeavtred to control con sumption by prohibiting the use of commodities produced abroad. It was held that the luxury of a people enriched other nations and impoverished their own. An English law prohibited the wear ing of silk in order to encourage the manufac ture of woolen goods in England. In France a law at one time prohibited the wearing of gold and silver embroidery. silks, and fine linens.

Aside from protectionism sumptuary legisla tion to-day comes under the head of the police regulations and is aimed to preserve the public health and morals. Under the United States Federal and State constitutions no restriction can he placed on the consumption of commodi ties o• traffic in them, save as the public health, protection. and safety require it. The chief re strictive legislation is directed against the traf fic in intoxicating drinks, and takes the form of high license requirements for the privilege of selling liquo•s, o• in the prohibition of the right to deal in liquors altogether.