Press-gang stories, more or less authentic, are numerous. Here are

samples which serve to show that the searchers did not nicely

discriminate between those who were and were not legally subject to

impressment. A well-dressed man was seized. He protested that he was

a gentleman of position. "The very boy we want," gleefully replied

his captors; "for we've such a set of topping blackguards aboard

the tender, that we wanted a gentleman to teach 'em manners." Sham

press-gangs for the black-mailing of honest citizens were common. In

one case a couple had given all their money to go free, when the real

gang coming up made booty of both parties, and had them aboard in no

time. The quarrymen at Denny Bowl, sixty strong, were heard to brag

in their cups what _they_ would do did the press-gang dare to molest

_them_, whereupon "three merry girls" got into breeches, put cockades

in their hats, took sword and pistol, and advanced, when the quarrymen

ran like hares. And to conclude, there is the legend of the gang that

raided "The Cock and Rummer" in Bow Street. They seized the cook. The

customers, fearing for their dinner, or themselves, rushed to the

rescue. Long the strife hung dubious, when the constable (he ought to

have been a Bow Street runner) stalked in. The gang, with a fine sense

of humour, let the cook go, seized _him_, and away at a great rate,

though not fast enough to get clear.

SUMPTUARY LAWS

"Act of Parliament" is a term apt to mislead. To-day it is enforced

by so powerful a machinery that practice conforms to precept; but in

mediæval England much law was dead letter. Statutes were often mere

admonitions; they expressed but an ideal, a pious intention. This was

specially true of the Sumptuary Laws, whereby the dress and food of

the king's subjects were nicely regulated. If you turn over a book of

costumes you find that man's attire has varied more than woman's. The

sorts and conditions of men were marked by rigid lines. This fact was

shown forth in their dress, and that again re-acted on their modes of

thought and habits of life. "Men's apparel," says Edmund Spenser, "is

commonly marked according to their condition, and their conditions

are often-times governed by their garment, for the person that is

gowned is by his gown put in mind of gravity, and also restrained from

lightness by the very unaptness of his Tweed." Of old time man's dress

was rich and varied, but how to catch its vanished effect? In Courts

of Justice there is still the splendid, if occasional, bravery of the

judge. See the same man in private, gaze on divinity disrobed, and the

disenchantment measures for you what is lost in the splendid garb of

other days. In mediæval Europe the Church first condemned a too ornate

appearance. Thus, under our early Norman Kings, long hair was much in

vogue. In 1104 Bishop Serlo, preaching before Henry I. and his Court

in Normandy, attacked this fashion roundly, compared his hearers to

"filthy goats," and moved them by his eloquence to tears of contrition.

He saw and seized that softer hour. Descending from the pulpit he then

and there clipped the polls of them that heard him till he must fain

sheath his shears for lack of argument. This rape of the locks was

followed by a royal edict against long hair. Alas! for this story.

Rochester Cathedral still bears the effigies of Henry and Maud his

queen; each is adorned even as Absalom, and Time, whilst it has mauled

their faces in cruel fashion, has with quaint irony preserved intact

those stone tresses.

Two centuries pass ere the Sumptuary Laws proper begin. The 10 Edward

III. c. 3 (1336) ordered that no man was to have more than two courses

at dinner, nor more than two kinds of meat, with potage in each course;

but on eighteen holidays in the year the lieges might stuff at will.

Next Parliament common folk were forbidden to wear furs; but the 37

Edward III. was the great session for such work, made needful (it was

thought) by the sudden increase of luxury from the plunder of the

French wars. Some half-dozen Acts prescribed to each rank, from peers

to ploughmen, its wear; nay, the very price of the stuff was fixed;

whilst all wives were to garb themselves according to their husbands'

means--a pious wish, repeated a century afterwards, in an Act of the

Scots James II. The veils of the baser sort were not to cost more than

12d. apiece: embroidery or silk was forbidden to servants, and these

were to eat of flesh or fish but once a day. Cloth merchants were to

make stuff enough, and shopkeepers to have stock enough, to supply

the anticipated demand. Such apparel as infringed the statute was

forfeit to the king. The knight's dress will serve for sample of what

was required. It was to be cloth of silver, with girdles reasonably

embellished with silver, and woollen cloth of the value of six marks

the piece. Under Richard II. monstrous sleeves were much affected. A

monkish scribe inveighs bitterly against these "pokys, like bag-pipes."

Some hung down to the knees; yea, even to the feet. Servants were as

bad as their masters! When potage is brought to table, "the sleeves

go into them and get the first taste." Nay, they are "devil's

receptacles," since anything stolen is safely lodged therein. And so a

statute of the time prohibited any man below a banneret from wearing

large hanging sleeves, open or closed.

The fashion changed to _dagges_, a term explained by the 8th of Henry

IV., which forbade "gown or garment cut or slashed into pieces in the

form of letters, rose-leaves, and posies of various kinds, or any

such devices." The fantastic peaked shoes of the fifteenth century,

sometimes only held up by a chain from the girdle, were fair mark for

the lawgiver, and under Edward IV. no less person than a lord was

allowed peaks exceeding two inches. An Act in the same reign banned

the costly head-gear of women. Henry VIII. saw to men's garb as well

as their beliefs. His first Parliament forbade costly apparel, and

there is preserved in the Record Office a letter from Wolsey enclosing

to the King, at his request, the Act of Apparel, with an abstract,

for examination and correction. Exemptions were not unknown: thus,

in 1517, Henry Conway of Bermondsey obtained license to wear "camlet,

velvet, and sarcenet, satin and damask, of green, black, or russet

colour in his clothing." Under Queen Mary common folk who wore silk on

"hat, bonnet, girdle, scabbard, hose, shoes, or spur-leathers," were

grievously amerced. Under Elizabeth the regulations were numberless:

thus there is an act for "uttering of caps, and for true making of

hats and caps." No one was to engage in this business unless he had

been "a prentice or covenant servant" by the space of seven years. No

one under the degree of knight was to wear a cap of velvet. But these

were not pure sumptuary regulations: they were for protection of home

industries. A statute of the previous reign had declared that no man

was to buy more than twelve hats or caps, be it out of this realm;

and a previous Act of Elizabeth had strangely provided that if anyone

sold foreign apparel on credit for longer than eight days to persons

not having £3000 a year he should be without legal remedy against his

debtor.

On the 15th June 1574, an elaborate proclamation complained of

"the wasting and undoying of a great number of young gentlemen"

who were "allured by the vayne shewe of those thyngs." A schedule

was appended in which the costumes prescribed for all sorts and

conditions of men were set forth. In the Star Chamber on June 12th,

1600, my Lord Keeper gravely admonished the judges to look to all

sorts of abuses--"Solicitors and pettifoggers," "Gentlemen that leave

hospitality and housekeeping and hide in cities and borough towns,"

"Masterless men that live by their sword and their wit, meddlers in

princes' matters and libellers," and last, but not least, "to the

vanity and excess of woman's apparel." All was in vain, if we are to

believe the fierce invective of Stubb's _Anatomie of Abuses_. "There

is now," he groans, "such a confused mingle-mangle of apparel, and

such preposterous excess thereof as every one is permitted to flaunt

it out in whatever apparel he listeth himself, or can get by any

kind of means." It was horrible to hear that shirts were sold at £10

a piece, and "it is a small matter now to bestow twenty nobles, ten

pound, twenty pound, forty pound, yea, a hundred pound, of one pair

of breeches (God be merciful to us!)" After this aught else were

anti-climax, and so for the women he can only say they were worse than

the men. A new order of things came in with the next reign, for the act

Jac. I. c. 25, sec. 45, repealed at one stroke all statutes against

apparel. In Scotland they kept up the game some time longer, but one

need not pursue the subject there, though a curious statute of the

Scots James II. (1457) must have a word. It provided that "na woman cum

to Kirk nor mercat with her face mussled that she may nocht be kenn'd

under the pain of escheit of the curchie" (forfeiture of the hood). In

Ireland there was a law (says Spenser) which "forbiddeth any to weare

theyre beardes on the upper lip and none under the chinn:" another

"which putteth away saffron shirtes and smockes," and so forth; but

these were of English importation.

In the North American colonies sumptuary legislation has a history of

its own. In Massachusetts an edict of September 1639, declaims against

the "much waste of the good creatures (not the tipplers, but the

tipple) by the vain drinking of healths," which practice is straightway

forbidden. Excess or bravery of apparel is condemned, and no one is

to wear a dress "with any lace on it, silver, gold silk, or thread

under the penalty of forfeiture." Again, it is provided that children

or servants are not to have ornamental apparel. Here is an individual

case. Robert Coles, in March 1634, for drunkenness is disfranchised

and condemned for a whole year to "wear about his neck, and so to hang

upon his outward garment a D made of red cloth and set upon white"--a

very unromantic scarlet letter! These things, too, passed away, but

in the Maine Liquor Law of 1851, one traces the revival of the old

idea. In England the thing lived not again. Under the Commonwealth

public opinion enforced a "sober garb." Charles II. had some idea of

a national costume, but he was too wise or too careless to attempt

legislation. In 1747 the wearing of the Highland dress was forbidden,

but that was policy, just as centuries before the Jews had a special

garb ordained for them. Also a number of laws were passed to promote

home manufactures: so under Charles I. and Charles II. the entry of

foreign bone-lace was prohibited, though the second monarch granted

licence for importing same to John Eaton for the use of the royal

family. It would also serve, he coolly remarked, for patterns. There is

one other curious example. Too much foreign linen was used, and so the

30th of Charles II. c. 3 ordered the dead (save the plague-stricken)

to be buried in woollen shrouds. The relatives must file an affidavit

with the clergyman as to this, and £5 was the fine for _him_ if he

neglected his part. Did the vision of that unseemly shroud really

disturb poor Nance Oldfield's last moments, as Pope would have us

believe?

"Odious! in woollen! 'twould a saint provoke!"

Were the last words that poor Narcissa spoke.

"No: let a charming chintz and Brussels lace

Wrap my cold limbs and shade my lifeless face!"

"Narcissa" had her wish: the "Brussels lace" of her head-dress, her

"Holland shift," a "pair of new kid gloves on her cold hands," were the

talk of the town; so they tricked her out for Westminster Abbey.

Almost up to Waterloo the Act lingered on the Statute Book, till some

ingenious rascal brought an action against various clergymen for the £5

penalty, for that they had not certified to churchwardens the cases of

non-compliance. And so, in 1814, the 54th George III. c. 108 swept away

the strange provision.

PRINTED BY TURNBULL AND SPEARS, EDINBURGH

TRANSCRIBER'S NOTES:

Text in italics is surrounded with underscores: _italics_.

Obvious typographical errors have been corrected.

Inconsistencies in spelling, punctuation, and hyphenation have been

standardized.

The Law's Lumber Room · 第 5 / 5 段