[232-12] Gibbon, History of the Decline and Fall of the Roman Empire, ch. 27. What a parallel between this later Roman luxury and the literary taste represented for instance by Seneca!
Let any one who would embrace the three periods of luxury in one view, compare the funeral ceremonies of the Greek age of chivalry (Homer, Il.), with those in Thucyd. (II, 34, ff.), Demosth. (Lept., 499 seq.), and the interment of Alexander the Great and, of his friend Hephaestion (Diodor., XVII, 115, XVIII, 26 ff.) Sullas (Serv. ad Virgil, Æneid VI, 861. Plutarch, Sulla, 38), and that of the wife of the emperor Nero (Plin., H. N. XII, 41). Roscher, loc. cit. 66 ff.
LUXURY-POLICY.
Sumptuary laws (die Luxusgesetzgebung) have been aimed, at all times, principally at the outlay for clothing, for the table and for funerals.[233-1] In most nations the policy of luxury has its beginning in the transition from the first to the second period of luxury above described.[233-2] The extravagant feasts, which remain of the first period, seem vulgar to the new public opinion which is created. On the other hand, the conveniences of life, the universality, the refinement and variety of enjoyments characteristic of the second period are not acceptable to the austerity of old men, and are put down as effeminacy. In this period the bourgeoisie generally begin to rise in importance, and the feudal aristocracy to decay. The higher classes see the lower approximate to them in display, with jealous eyes. And, hence, dress is wont to be graded in strict accordance with the differences of class.[233-3] But these laws must be regarded as emanating from the tendency, which prevails in these times, of the state to act as the guardian of its wards, its subjects. The authority of the state waxes strong in such periods; and with the first consciousness of its power, it seeks to draw many things into its sphere, which it afterwards surrenders.
[233-1] Which of these three kinds of luxury specially preponderated has always depended on the peculiarities of national character. Thus, among the ancient Romans, it was the second; among the French, the first. In Germany the prohibitions relating to "toasts," or drinking one another's health have played a great part. Thus the well-known Cologne reformation of 1837. Compare Seb. Münster, Cosmogr., 326.
[233-2] In Greece, Lycurgus' legislation seems to have contained the first prohibition relating to luxury. No one should own a house or household article which had been made with a finer implement than an ax or a saw; and no Spartan cook should use any other spice than salt and vinegar. (Plut., De Sanitate, 12; Lycurg., 13. On Periander, see Ephorus, ed. Marx, fr. 106. Heracb., Pont. ed.; Köhler, fr. 5; Diog. Laert., I, 96 ff.) The luxury-prohibitions of Solon were aimed especially at the female passion for dress and the pomp of funerals. Those who had the surveillance of the sex watched also over the luxury of banquets. Athen., VI, 245; Demosth. in Macart., 1070. In Rome, there were laws regulating the pomp of and display at funerals, dating from the time of the Kings; but especially are such laws to be found in the twelve tables. Lex Oppia de Cultu Mulierum in the year 215 before Christ. A very interesting debate concerning the abolition of this law in Livy, XXXIV, 1 ff. About 189, prohibition of several foreign articles of luxury. Plin., H. N., XIII, 5, XIV, 16. Measures of Cato the censor. (Livy, XXXIX, 44.) First law relating to the table, L. Orchia, in the year 187; afterwards L. Fannia, 161, L. Didia, 143 before Christ. (Macrob., Sat. V, 13; Gellius, N. A., II, 24. Plin., H. N., X, 7.) After a long pause, sumptuary laws relating to food, funerals and games of chance, constitute an important part of Sulla's legislation.
[233-3] Latus clavus of the Roman senators; annulus of the knights. In the latter middle age, the knights were wont to be allowed to wear gold, and esquires only silver; the former, damask; the latter, satin or taffeta; but when the esquires also used damask, velvet was reserved for the knights alone. St. Palaye, Das Ritterwesen, by Klüber, IV, 107; II, 153 seq. But towards the end of the middle ages many sumptuary laws were enacted in cities by plebeian jealousy of the rich. The Venetian sumptuary laws were passed on account of the anxiety of the state that some rich men might shine above the rest of the oligarchs.
HISTORY OF SUMPTUARY LAWS.