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CHAP. V.: In what Cases sumptuary Laws are useful in a Monarchy. - Charles Louis de Secondat, Baron de Montesquieu, Complete Works, vol. 1 The Spirit of Laws [1748]

Edition used:

The Complete Works of M. de Montesquieu (London: T. Evans, 1777), 4 vols. Vol. 1.

Part of: Complete Works of Montesquieu, 4 vols.

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CHAP. V.

In what Cases sumptuary Laws are useful in a Monarchy.

WHETHER it was from a republican spirit, or from some other particular circumstance, sumptuary laws were made in Arragon, in the middle of the thirteenth century. James the First ordained, that neither the king, nor any of his subjects, should have above two sorts of dishes at a meal, and that each dish should be dressed only one way, except it were game of their own killing.

In our days sumptuary laws have been also enacted in Sweden; but with a different view from those of Arragon.

A government may make sumptuary laws with a view to absolute frugality. This is the spirit of sumptuary laws in republics; and the very nature of the thing shews that such was the design of those of Arragon.

Sumptuary laws may likewise be established with a design to promote a relative frugality. When a government, perceiving that foreign merchandizes, being at too high a price, will require such an exportation of home manufactures, as to deprive them of more advantages, by the loss of the latter, than they can receive from the possession of the former, they will forbid their being introduced: and this is the spirit of the laws which in our days have been passed in Sweden. Such are the sumptuary laws proper for monarchies.

In general, the poorer a state, the more it is ruined by its relative luxury, and consequently the more occasion it has for relative sumptuary laws. The richer a state, the more it thrives by its relative luxury; for which reason, it must take particular care not to make any relative sumptuary laws. This we shall better explain in the book on commerce* ; here we treat only of absolute luxury.

[]Constitution of James I. in the year 1234, article 6, in Marca Hispanica, p. 1429.

[]They have prohibited rich wines and other costly merchandizes.

[* ]See book 20. chap. 20.