In Edward III’s reign the people were ordered to dress according to their station, and those who were not of high rank were forbidden to use expensive furs and ornaments. These orders were so neglected that Henry IV revised and strengthened them. Slashed sleeves at the time of Edward IV were prohibited to yeomen and any one below their rank. Legislation was also introduced to lessen the preposterous length to which the toes of shoes had grown, for it was enacted that not even the gentlemen should have them of a greater length than two inches.
The Recorder of Chester shows the following order made by Henry VIII: “To distinguish the head-dresses of married women from unmarried, no married woman to wear white or other coloured caps; and no woman to wear any hat, unless she rides or goes abroad into the country (except sick or aged persons), on pain of 3s. 4d.”
Another law amounted to a tax on persons who dressed elegantly, for those who would not keep a horse and armour ready for the wars were fined heavily if they or their wives wore fine clothes or ornaments. It is probable, too, that Henry VIII’s officers took care to collect the fines.
Mary brought in a law against the use of silk, and a little later on the great ruffs claimed attention, for in 1562 it was ordered that no more than a yard and a half of kersey should be used in making a ruff. James I repealed all the sumptuary laws, though we have seen that he and his successors occupied themselves somewhat with the dress of the clergy.
In Scotland, after the rising of 1745, an Act was passed forbidding the wearing of tartan as part of Highland dress, under the penalty of six months’ imprisonment for the first offence and transportation beyond the seas for seven years for the second. No Highlander could receive the benefit of the Act of Indemnity without first taking the following oath: “I, A.B., do swear, and as I shall answer to God at the great day of judgement, I have not, nor shall have, in my possession any gun, sword, pistol, or arm whatsoever, and never use tartan, plaid, or any part of the Highland garb; and if I do so, may I be cursed in my undertakings, family, and property,—may I never see my wife and children, father, mother, or relations,—may I be killed in battle as a coward, and lie without Christian burial, in a strange land, far from the graves of my forefathers and kindred; may all this come across me if I break my oath.” This severe and harsh Act caused great discontent, and was repealed in 1772.
As showing the hindrances caused to trade by some of the peculiar regulations, we find that in 1565 the Recorder of London describes an interview which he had with civic tailors, who were puzzled as to whether they should “line a slop hose, not cut in panes, with a lining of cotton stitched to the slop over and besydes the linen lining straight to the leg.” The Recorder, on considering the words of the proclamation which had caused the trouble, gave it as his opinion that they could not; but the tailors, though they went away satisfied, came back to say that their customers had gone to other tailors outside the City, who made their clothes for them in the way that was first suggested. It was this contretemps which caused the Recorder to write to a higher legal authority.
Nowadays clothes and the law have little to do with one another, though occasionally ladies’ dresses about which there is a dispute are seriously tried on in court, the legal luminaries meanwhile making a studied pretence of ignorance with regard to the garments. Though there are no statutes to curb modern fashions, yet we are reminded of the rules that have had to be made in certain theatres on account of the overwhelming size of the matinée hat.
Although the law does not seem to have been able to change the fashions to a very great extent, they have sometimes been killed suddenly. In the days of public executions, criminals sometimes elected to wear fashionable garments, and in consequence the demand for them ceased. Sometimes, again, those who were interested in the suppression of the fashion persuaded the doomed man or woman to wear a particular dress, and a judge has been known to compass the same end by ordering the hangman who officiated to deck himself in the objectionable garment.
The wearing of nightgowns in the street by ladies was stopped owing to a woman being executed in her bedgown. The use of yellow starch had its death-blow when the hangman appeared in orange collar and cuffs. Black satin dresses went out of fashion because Mrs. Manning was hung when wearing one. Now, however, as there are no public executions, there is not this opportunity of getting rid of obnoxious styles, and society ought to look about for another means to repress them.