COSTS

costs, a term used in english law to denote the expenses incurred (1) in employing a lawyer in his professional capacity for purposes other than litigation; (2) in instituting and carrying on litigation whether with or without the aid of a lawyer. _solicitor and client._--the retainer of a solicitor implies a contract to pay to him his proper charges and disbursements with respect to the work done by him as a solicitor. in cases of conveyancing his remuneration is now for the most part regulated by scales _ad valorem_ on the value of the property dealt with (solicitors' remuneration order 1882), and clients are free to make written agreements for the conduct of any class of non-litigious business, fixing the costs by a percentage on the value of the amount involved. so far as litigious business is concerned, the arrangement known as "no cure no pay" is objected to by the courts and the profession as leading to speculative actions, and stipulations as to a share of the proceeds of a successful action are champertous and illegal. an english solicitor's bill drawn in the old form is a voluminous itemized narrative of every act done by him in the cause or matter with a charge set against each entry and often against each letter written. before the solicitor can recover from his client the amount of his charges, he must deliver a signed bill of costs and wait a month before suing. the high court has a threefold jurisdiction to deal with solicitors' costs:--(1) by virtue of its jurisdiction over them as its officers; (2) statutory, under the solicitors act 1843 and other legislation; (3) ordinary, to ascertain the reasonableness of charges made the subject of a claim. the client can, as a matter of course, get an order for taxation within a month of the delivery of the solicitor's bill, and either client or solicitor can get such an order as of course within twelve months of delivery. after expiry of that time the court may order taxation if the special circumstances call for it, and even so late as twelve months after actual payment. costs as between solicitor and client are taxed in the same office as litigious costs, and objections to the decisions of the taxing officer, if properly made, can be taken for review to a judge of the high court and to the court of appeal. _litigious costs._--the expenses of litigation fall in the first instance on the person who undertakes the proceedings or retains and employs the lawyer. it is in accordance with the ordinary ideas of justice that the expenses of the successful party to litigation should be defrayed by the unsuccessful party, a notion expressed in the phrase that "costs follow the event." but there are many special circumstances which interfere to modify the application of this rule. the action, though successful, may be in its nature frivolous or vexatious, or it may have been brought in a higher court where a lower court would have been competent to deal with it. on the other hand the defendant, although he has escaped a judgment against him, may by his conduct have rendered the action necessary or otherwise justifiable. in such cases the rule that costs should follow the event would be felt to work an injustice, and exceptions to its operation have therefore been devised. in the law of england the provisions as to litigious costs, though now simpler than of old, are still elaborate and complicated, and the costs themselves are on a higher scale than is known in most other countries. except as regards appeals to the house of lords and suits in equity, the right to recover costs from the opposite party in litigation has always depended on statute law or on rules made under statutory authority, "costs are the creature of statute." the house of lords has declared its competence to grant costs on appeals independently of statute. in the judicial committee of the privy council the power to award, in its discretion, costs on appeals from the colonies or other matters referred to it, is given by § 15 of the judicial committee act 1833; and the costs are taxed by the registrar of the council. courts of equity have always claimed a discretion independently of statute to give or refuse costs, but as a general rule the maxim of the civil law, _victus victori in expensis condemnatus est_, was followed. the successful party was recognized to have a prima facie claim to costs, but the court might, on sufficient cause shown, not only deprive him of his costs, but even in some rare cases order him to pay the costs of his unsuccessful opponent. there was a class of cases in which the court generally gave costs to parties sustaining a certain character, whatever might be the result of the suit (e.g. trustees, executors and mortgagees). in the courts of common law, costs were not given either to plaintiff or defendant, although the damages given to a successful plaintiff might suffice to cover not only the loss sustained by the wrong done, but also the expense he had been put to in taking proceedings. the defendant in a baseless or vexatious action could not even recover his costs thus indirectly, and the indirect costs given to a plaintiff under the name of damages were often inadequate and uncertain. costs were first given under the statute of gloucester (1277, 6 edward i. c. 1), which enacted that "the demandant shall recover damages in an assize of novel disseisin and in writs of mort d'ancestor, cosinage, aiel and beziel, and further that the demandant may recover against the tenant the costs of his writ purchased together with the damages above said. and this act shall hold in all cases when the party is to recover damages." the words "costs of his writ" were extended to mean all the legal costs in the suit. the statute gave costs, wherever damages were recovered, and no matter what the amount of the damages may be. costs were first given to a defendant by the statute of marlbridge (1267) in a case relating to wardship in chivalry (52 henry iii. c. 6); but costs were not given generally to successful defendants until 1531 (23 henry viii. c. 15), when it was enacted that "if in the actions therein mentioned the plaintiff after appearance of the defendant be non-suited, or any verdict happen to pass by lawful trial against the plaintiff, the defendant shall have judgment to recover his costs against the plaintiff, to be assessed and taxed at the discretion of the court, and shall have such process and execution for the recovery and paying his costs against the plaintiff, as the plaintiff should or might have had against the defendant, in case the judgment had been given for the plaintiff." in 1606 by 4 james i. c. 3, this "good and profitable law" was extended to other actions not originally specified, although within the mischief of the act, so that in any action wherein the plaintiff might have costs if judgment were given for him, the defendant if successful should have costs against the plaintiff. the policy of these enactments is expressed to be the discouragement of frivolous and unjust suits. this policy was carried out by other and later acts. the limitations act 1623, § 6, ordered that if the plaintiff in an action of slander recovered less than 40s. damages, the plaintiff should be allowed no more as costs than he got as damages. by 43 elizabeth c. 6 it was enacted that in any personal action not being for any title or interest in land, nor concerning the freehold or inheritance of lands nor for battery, where the damages did not amount to 40s. no more costs than damages could be allowed. by 3 & 4 vict. c. 24 (lord denman's act 1840), where the plaintiff in an action of tort recovered less than 40s., he was not allowed costs unless the judge certified that the action was really brought to try a right besides the right to recover damages, or that the injury was wilful or malicious. all these enactments have been superseded by the judicature acts, but in the case of slander on women the provisions of the act of 1623 were re-enacted in the slander of women act 1891. _supreme court._--the general rule now in force in the supreme court of judicature is as follows:--"subject to the provisions of the judicature acts and the rules of the court made thereunder, and to the express provision of any statute whether passed before or after the 14th of august 1890, the costs of and incident to all proceedings in the supreme court, including the administration of estates and trusts, shall be in the discretion of the court or judge, and the court or judge shall have full power to determine by whom and to what extent such costs are to be paid. provided (1) that nothing herein contained shall deprive an executor, administrator, trustee or mortgagee who has not unreasonably carried on or resisted any proceedings of any right to costs out of a particular estate or fund to which he would be entitled under the rules hitherto (i.e. before 1883) acted upon in the chancery division as successor of the court of chancery; (2) that where an action, cause, matter or issue is tried with a jury, the costs shall follow the event unless the judge who tried the case or the court shall for good cause otherwise order." (r.s.c., o. 65, r. 1.) the rule above stated applies to civil proceedings on the crown side of the king's bench division, including mandamus, prohibition _quo warranto_, and certiorari (_r._ v. _woodhouse_, 1906, 2 k.b. 502, 540); and to proceedings on the revenue side of that division (o. 68, r. 1); but it does not apply to criminal proceedings in the high court, which are regulated by the crown office rules of 1906, or by statutes dealing with particular breaches of the law, and as to procedure in taxing costs by o. 65, r. 27, of the rules of the supreme court. the rule is also subject to specific provision empowering the courts to limit the costs to be adjudged against the unsuccessful party in proceedings in the high court, which could and should have been instituted in a county court, e.g. actions of contract under £100, or actions of tort in which less than £10 is recovered (county courts act 1888, §§ 65, 66, 116; county courts act 1903, § 3). for instance, in actions falling within the public authorities protection act 1893 against public bodies or officials, the defendant, if successful, is entitled to recover costs as between solicitor and client unless a special order to the contrary is made by the court; and under some statutes still unrepealed, double or treble costs are to be allowed. besides the rules above stated, there is also a provision, adopted from the practice of courts of equity, that if tender was made before action of a sum sufficient to satisfy the plaintiff's just demand and is followed by payment into court in the action of the sum tendered, the court will make the plaintiff pay the costs of action as having been unnecessarily brought. costs of interlocutory proceedings in the course of a litigation are sometimes said to be "costs in the cause," that is, they abide the result of the principal issue. a party succeeding in interlocutory proceedings, and paying the costs therein made "costs in the cause," would recover the amount of such costs if he had a judgment for costs on the result of the whole trial, but not otherwise. but it is usual now not to tax the costs of interlocutory proceedings till after final judgment. _taxation._--when an order to pay the costs of litigation is made the costs are taxed in the central office of the high court, unless the court when making the order fixes the amount to be paid (r.s.c., o. 65, r. 23). recent changes in the organization for taxing have tended to create a uniformity of system and method which had long been needed. the taxation is effected, under an elaborate set of regulations, by reference to the prescribed scales, and on what is known as the lower scale, unless the court has specially ordered taxation on the higher scale (r.s.c., o. 65, rr. 8, 9, appendix n). in the taxation of litigious costs two methods are still adopted, known as "between party and party" and "between solicitor and client." unless a special order is made the first of the two methods is adopted. until very recently "party and party" costs were found to be a very imperfect indemnity to the successful litigant; because many items which his solicitor would be entitled to charge against him for the purposes of the litigation were not recoverable from his unsuccessful opponent. the high court can now, in exercise of the equitable jurisdiction derived from the court of chancery, make orders on the losing party to pay the costs of the winner as between solicitor and client. these orders are not often made except in the chancery division. but even where party and party costs only are ordered to be paid under the present practice (dating from 1902), the taxing office allows against the unsuccessful party all costs, charges and expenses necessary or proper for the attainment of justice or defending the rights of the successful party, but not costs incurred through over-caution, negligence, or by paying special fees to counsel or special fees to witnesses or other persons, or by any other unusual expenses (r.s.c., o. 65, rr. 27, 29). this practice tends to give an approximate indemnity, while preventing oppression of the losing party by making him pay for lavish expenditure by his opponent. the taxation is subject to review by a judge on formal objections carried on, and an appeal lies to the court of appeal. _county courts._--the costs of all proceedings in county courts follow the event, unless the judge in his discretion otherwise orders. the amount allowed is regulated by scales included in the county court rules, and is ascertained by the registrar of the court subject to any special direction by the judge, and to review by him. the costs are allowed as between party and party, but the registrar on the application of solicitor or party, and subject to the like review, taxes costs as between solicitor and client. nothing is allowed which is not sanctioned by the scales, unless it is proved that the client has agreed in writing to pay (county courts act 1888, § 118). _costs in criminal cases._--in criminal cases the right to recover the expenses of prosecution or defence from public funds or the opposite party depends wholly on statute. according to the common law rule the crown neither pays nor receives costs, but the rule is in some cases altered by statute (_thomas_ v. _pritchard_, 1903, 1 k.b. 209). courts of summary jurisdiction may order costs to be paid by the unsuccessful to the successful party (summary jurisdiction act 1848, § 18). on prosecutions for treason or felony the court may order the accused person, if convicted, to pay the costs of his prosecution (forfeiture act 1870); and the like power exists as to persons convicted of offences indictable under the criminal law amendment act 1885 (see § 18), and as to persons convicted on indictment of assault, corrupt practices at elections, offences against the merchandise marks acts, or of defamatory libel, if they have unsuccessfully pleaded jurisdiction. provision is also made for the payment out of the local rate of the district of the costs of prosecuting all felonies (except treason felony) and a number of misdemeanours. a list of these offences will be found in archbold, _criminal pleading_, 23rd ed., 246. the legislation on this subject authorizes the payment of the expenses of witnesses and of the prosecutor, both at a preliminary inquiry before justices and at the trial, and in the case of summary conviction for any of the indictable offences in question. it has been extended so as to include the expenses of witnesses for the defence in any indictable case if they have given evidence at the preliminary inquiry, and the costs of the defence of poor prisoners in every indictable case in which the committing justices or the court of trial certify for legal aid (poor prisoners' defence act 1903). the costs are taxed by the proper officer of the court of assize or the clerk of the peace in accordance with scales issued by the home office in 1903 and 1904. these scales do not fix the fees to be allowed to counsel or solicitor for the prosecution. the costs, when taxed, are paid by the treasurer of the county or borough on whom the order for payment is made. where a prosecution or indictment fails, the prosecutor cannot as a rule be made to pay the costs of the defence: except in cases within the vexatious indictments act 1859 and its amendments (i.e. where he has, after a refusal by justices to commit for trial, insisted on continuing the prosecution); or where a defamatory libel is successfully justified, or where prosecutions in respect of merchandise marks or corrupt practices at elections have failed. (w. f. c.) costume (through the fr. _costume_, from ital. _costume_, late lat. _costuma_, a contracted form of lat. _consuetudinem_, acc. of _consuetudo_, custom, habit, manner, &c.), dress or clothing, especially the distinctive clothing worn at different periods by different peoples or different classes of people. the word appears in english in the 18th century, and was first applied to the correct representation, in literature and art, of the manners, dress, furniture and general surroundings of the scene represented. by the early part of the 19th century it became restricted to the fashion or style of personal apparel, including the head-dresses, jewelry and the like. the subject of clothing is far wider than appears at first sight. to the average man there is a distinction between clothing and ornament, the first being regarded as that covering which satisfies the claims of modesty, the second as those appendages which satisfy the aesthetic sense. this distinction, however, does not exist for science, and indeed the first definition involves a fallacy of which it will be as well to dispose forthwith. modesty is not innate in man, and its conventional nature is easily seen from a consideration of the different ideas held by different races on this subject. with mahommedan peoples it is sufficient for a woman to cover her face; the chinese women would think it extremely indecent to show their artificially compressed feet, and it is even improper to mention them to a woman; in sumatra and celebes the wild tribes consider the exposure of the knee immodest; in central asia the finger-tips, and in samoa the navel are similarly regarded. in tahiti and tonga clothing might be discarded without offence, provided the individual were tattooed; and among the caribs a woman might leave the hut without her girdle but not unpainted. similarly, in alaska, women felt great shame when seen without the plugs they carried in their lips. europeans are considered indelicate in many ways by other races, and a remark of peschel[1] is to the point: "were a pious mussulman of ferghana to be present at our balls and see the bare shoulders of our wives and daughters, and the semi-embraces of our round dances, he would silently wonder at the long-suffering of allah who had not long ago poured fire and brimstone on this sinful and shameless generation." another point of interest lies in the difference of outlook with which nudity is regarded by the english and japanese. among the latter it has been common for the sexes to take baths together without clothing, while in england mixed bathing, even in full costume, is even now by no means universal. yet in england the representation of the nude in art meets with no reproach, though considered improper by the japanese. even more striking is the fact that in civilized countries what is permitted at certain times is forbidden at others; a woman will expose far more of her person at night, in the ballroom or theatre, than would be considered seemly by day in the street; and a bathing costume which would be thought modest on the beach would meet with reprobation in a town. modesty therefore is highly conventional, and to discover its origin the most primitive tribes must be observed. among these, in africa, south america, australia and so forth, where clothing is at a minimum, the men are always more elaborately ornamented than the women. at the same time it is noticeable that no cases of spinsterhood are found; celibacy, rare as it is, is confined to the male sex. it is reasonable, therefore, to conclude that ornament is a stimulus to sexual selection, and this conclusion is enforced by the fact that among many comparatively nude peoples clothing is assumed at certain dances which have as their confessed object the excitation of the passions of the opposite sex. many forms of clothing, moreover, seem to call attention to those parts of the body of which, under the conditions of western civilization at the present day, it aims at the concealment; certain articles of dress worn by the new hebrideans, the zulu-xosa tribes, certain tribes of brazil and others, are cases in point. clothing, moreover--and this is true also of the present day--almost always tends to accentuate rather than to conceal the difference between the sexes. looking at the question then from the point of view of sexual selection it would seem that a stage in the progress of human society is marked by the discovery that concealment affords a greater stimulus than revelation; that the fact is true is obvious,--even to modern eyes a figure partially clad appears far more indecent than a nude. that the stimulus is real is seen in the fact that among nude races flagrant immorality is far less common than among the more clothed; the contrast between the polynesians and melanesians, living as neighbours under similar conditions, is striking evidence on this point. later, when the novelty of clothing has spent its force, the stimulus is supplied by nudity complete or partial. one more point must be considered: there is the evidence of competent observers to show that members of a tribe accustomed to nudity, when made to assume clothing for the first time, exhibit as much confusion as would a european compelled to strip in public. this fact, considered together with what has been said above, compels the conclusion that modesty is a feeling merely of acute self-consciousness due to appearing unusual, and is the result of clothing rather than the cause. in the words of westermarck: "the facts appear to prove that the feeling of shame, far from being the cause of man's covering his body, is, on the contrary, a result of this custom; and that the covering, if not used as a protection from the climate, owes its origin, at least in a great many cases, to the desire of men and women to make themselves mutually attractive." primitive adornment in its earliest stages may be divided into three classes; first the moulding of the body itself to certain local standards of beauty. in this category may be placed head-deformation, which reached its extreme development among the indians of north-west america and the ancient peruvians; foot-constriction as practised by the chinese; tooth-chipping among many african tribes; and waist-compression common in europe at the present day. many forms of deformation, it may be remarked in passing, emphasize some natural physical characteristic of the people who practise them. secondly, the application of extraneous matter to the body, as painting and tattooing, and the raising of ornamental scars often by the introduction of foreign matter into flesh-wounds (this practice belongs partly to the first category also). thirdly, the suspension of foreign bodies from, or their attachment to, convenient portions of the body. this category, by far the largest, includes ear-, nose- and lip-ornaments, head-dresses, necklets, armlets, wristlets, leglets, anklets, finger-and toe-rings and girdles. the last are important, as it is from the waist-ornaments chiefly that what is commonly considered clothing at the present day has been developed. setting aside for the moment the less important, historically, of these, nearly all of which exist in western civilization of the present day, it will be as well to consider that form of dress which is marked by the greatest evolution. it is generally supposed that man originated in tropical or subtropical latitudes, and spread gradually towards the poles. naturally, as the temperature became lower, a new function was gradually acquired by his clothing, that of protecting the body of the wearer. climate then is one of the forces which play an important part in the evolution of dress; at the same time care must be taken not to attribute too much influence to it. it must be remembered that the arabs, who inhabit an extremely hot country, are very fully clothed, while the fuegians at the extremity of cape horn, exposed to all the rigours of an antarctic climate, have, as sole protection, a skin attached to the body by cords, so that it can be shifted to either side according to the direction of the wind. dr. c. h. stratz divides clothing climatically into two classes: tropical, which is based on the girdle (or, when the attachment is fastened round the neck, the cloak), and the arctic, based on the trouser. this classification is ingenious and convenient as far as it goes, but it seems probable that the trouser, which also has the waist as its point of attachment, may itself be a further development of the girdle. certainly, however, in historical times the division holds good, and it is worthy of remark that one of the points about the northern barbarians which struck the ancient greeks and romans most forcibly was the fact that they wore trousers. amongst the most northerly races the latter garb is worn by both sexes alike; farther south by the men, the women retaining the tropical form; farther south still the latter reigns supreme. no distinct latitude can be assigned as a boundary between the two forms, from the simple fact that where migration in comparatively recent times has taken place a natural conservatism has prevented the more familiar garb from being discarded; at the same time the two forms can often be seen within the limits of the same country; as, for instance, in china, where the women of shanghai commonly wear trousers, those of hong-kong skirts. the retention by women in europe of the tropical garb can be explained by the fact that her sphere has been mainly confined to the house, and her life has been less active than that of man; consequently the adoption of the arctic dress has been in her case less necessary. but it is noticeable that where women engage in occupations of a more than usually strenuous nature, they frequently don male costume while at their work; as, for instance, women who work in mines (belgium) and who tend cattle (switzerland, tirol). the retention of the tropical pattern by the highlanders is due directly to environment, since the kilt is better suited than trousers for walking over wet heather. another factor besides climate which has exerted a powerful influence on dress--more perhaps on what is commonly regarded as "jewelry" as distinct from "clothing"--is superstition. doubtless many of the smaller objects with which primitive man adorned himself, especially trophies from the animal world, were supposed to exert some beneficial or protective influence on the wearer, or to produce in him the distinguishing characteristics attributed to the object, or to the whole of which the object was a part. such objects might be imitated in other materials and by successive copying lose their identity, or their first meaning might be otherwise forgotten, and they would ultimately exercise a purely decorative function. though this factor may be responsible for much, or even the greater part, of primitive "jewelry," yet it does not seem likely that it is the cause of all forms of ornament; much must be attributed to the desire to satisfy an innate aesthetic sense, which is seen in children and of which some glimmerings appear among the lower animals also. see ed. westermarck, _the history of human marriage_ (london, 1901); racinet, _le costume historique_ (paris, 1888); c. h. stratz, _frauenkleidung_ (stuttgart). (t. a. j.) i. ancient costume i. _ancient oriental._--although the numerous discoveries of monuments, sculptures, wall-paintings, seals, gems, &c., combine with the evidence from inscriptions and from biblical and classical writers to furnish a considerable accumulation of material, the methodical study of costume (in its widest sense) in the ancient oriental world (western asia and egypt) has several difficulties of its own. it is often difficult to obtain quite accurate or even adequate reproductions of scenes and subjects, and, when this is done, it is obviously necessary to refrain from treating the work of the old artists and sculptors as equivalent to photographic representations. art tended to become schematic, artists were bound by certain limitations and conventions (egypt under amenophis iv. is a notable exception), and their work was apt to be stilted. in egypt, too, the spirit of caricature occasionally shows itself. but when every allowance is made for the imperfections or the cunning of the workman, one need only examine any collection of antiquities to see that there was a distinct appreciation of foreign physical types (not so much for personal portraiture), costumes, toilet, armour and decoration, often markedly different from native forms, and that a single scene (e.g. war, tribute-bearers, captives) will represent varieties of dress which are consistently observed in other scenes or which can be substantiated from native sources.[2] important evidence can thus be obtained on ethnological relations, foreign influences and the like. speaking generally, it has been found that the east as opposed to the west has undergone relatively little alteration in the principal constituents of dress among the bulk of the population, and, although it is often difficult to interpret or explain some of the details as represented (one may contrast, for example, worn sculptures or seals with the vivid egyptian paintings), comparison with later descriptions and even with modern usage is frequently suggestive. the vocabulary of old oriental costume is surprisingly large, and some perplexity is caused by the independent evolution both of the technical terms (where they are intelligible) and of the articles of dress themselves. in reality there were numerous minor variations in the cut and colour of ancient dress even as there are in the present day in or around palestine. these differences have depended upon climate, occupation, occasion (e.g. marriage, worship, feasts), and especially upon individual status and taste. rank has accounted for much, and ceremonial dress--the apparel of the gods, their representatives and their ministers--opens out several interesting lines of inquiry. the result of intercourse, whether with other orientals, or (in later times) with greeks and romans, naturally left its mark, and there have been ages of increasing luxury followed by periods of reaction, with a general levelling and nationalization on religious grounds (judaism, islam). all in all the study of oriental costume down to the days of hellenism proves to be something more than that of mere apparel, and any close survey of the evidence speedily raises questions which concern old oriental history and thought. [illustration: fig. 1.--egyptian loin-cloth.] [illustration: fig. 2.--asiatics visiting egypt (beni-hasan tombs).] body-covering. the simplest of all coverings is the loin-cloth characteristic of warm climates, and a necessary protection where there are trying extremes of temperature. clothing did not originate in ideas of decency (gen. ii. 25, iii. 7). children ran and still run about naked, the industrious workman upon the egyptian monuments is often nude, and the worshipper would even appear before his deity in a state of absolute innocence.[3] the hebrews held that the leaves of the fig-tree (the largest available tree in palestine) served primitive man and that the deity gave them skins for a covering--evidently after he had slain the animals (gen. iii. 21). with this one may compare the phoenician myth (now in a late source) which ascribed the novelty of the use of skins to the hero us[=o]os (cf. the biblical esau, q.v.). the loin-or waist-cloth prevailed under a very great variety of minor differentiated forms. in egypt it was the plain short linen cloth wrapped around the loins and tied in front (see fig. 1). it was the usual garb of scribes, servants and peasants, and in the earlier dynasties was worn even by men of rank. sometimes, however, it was of matting or was seated with leather, or it would take the form of a narrow fringed girdle resembling that of many african tribes. the semites who visited egypt wore a larger and coloured cloth, ornamented with parallel stripes of patterns similar to those found upon some early specimens of palestinian pottery. the border was fringed or was ornamented with bunches of tassels. but a close-fitting skirt or tunic was more usual, and the semites on the famous beni-hasan tombs (about the 20th or 19th century b.c.) wear richly decorated cloth (pattern similar to the above), while the leader is arrayed in a magnificent wrapper in blue, red and white, with fringed edges, and a neck-ribbon to keep it in position (see fig. 2).[4] in harmony with prevailing custom the women's dress is rather longer than that of the men, but both sexes have the arms free and the right shoulder is exposed. returning to egypt we find that the loin-cloth developed downwards into a skirt falling below the knees. among the upper classes it was unusually broad and was made to stand out in front in triangular form. in the middle kingdom an outer fine light skirt was worn over the loin-cloth; ordinary people, however, used thicker material. egyptian women had a tight foldless tunic which exposed the breasts; it was generally kept up by means of braces over the shoulders. this plain diaphanous garment, without distinction of colour (white, red or yellow), and with perhaps only an embroidered hem at the top, was worn by the whole nation, princess and peasant, from the ivth to the xviiith dynasties (erman, _life in ancient egypt_, p. 212). variation, such as it was, consisted of a sleeveless dress covering the shoulders, the neck being cut in the shape of a v. female servants and peasants when engaged at work, however, had a short skirt which left the legs free and the upper part of the body bare; a like simplicity was probably customary among female servants or captives throughout (cf. isa. xlvii. 2). even at the present day the wardrobe of the sinaitic bedouin is much more complicated than that of their female folk. [illustration: from hilprecht's _explorations in bible lands_, by permission of a. j. holman & co. and t. & t. clark. fig. 3.--old babylonian costume.] the earliest dress of babylonia also covered only the lower half of the body. as worn by gods and men it was a long and rather loose kind of skirt suspended from a girdle. it is sometimes smooth; but sometimes it is a shaggy skin (or woollen) skirt with horizontal rows of vertically furrowed stuff. it allowed a certain freedom to the legs, but often it is not clear whether it was joined down the middle. an instructive development shows the upper part of the skirt hanging over the girdle so that an elementary mantle would be obtained by drawing the loose end up over the shoulders (meyer, p. 93, cf. pp. 55, 76). the characteristic skirt is sometimes supplemented by a coarse cloth, perhaps a fleece, thrown over the shoulders; and in later times it is seen fastened outside a tunic by means of a girdle (see fig. 3). [illustration: fig. 4.--naram-sin on the stele of victory.] the favourite attitude, one leg planted firmly before the other, shows the right leg fully exposed. a tunic or skirt is found as early as the time of naram-sin, son of the great sargon; it reaches to his knees and appears to be held up by ornamental shoulder-bands (meyer, pp. 11, 115; fig. 4). egyptian monuments depict semites with long bordered tunics reaching from neck to ankle; they have sleeves, which are sometimes curiously decorated, and are tied at the neck with tasselled cords; sometimes there is a peculiar design at the neck resembling a cross (muller, _asien und europa_, pp. 298 seq.). the hittite warriors upon north syrian sculptures (zenj[=i]rli, perhaps 11th to 9th centuries) have a short-sleeved tunic which ends above the knees, and this type of garment recurs over a large area with numerous small variations (with or without girdle, slits at the neck, or bordering). an interesting example of the long plain variety is afforded by the prisoners of lachish before sennacherib (701 b.c.); the circumstances and a comparison of the details would point to its being essentially a simple dress indicative of mourning and humiliation. it may be compared in its general form with the woollen _jubba_ of arabia, which reached to the knees and was sewn down the front (except at the top and bottom). a modern bedouin equivalent has long sleeves; it is common to both sexes, the chief difference lying in the colour--white for men, dyed with indigo for women. [illustration: fig. 5.--asiatic envoys in egypt.] another very characteristic garment suggests an original loin-cloth considerably longer than the elementary article which was noticed above. the arab _iz[=a]r_, though now a large outer wrapper, was once a loin-cloth (like the hebrew _[)e]z[=o]r_), which, however, was long enough to be trodden upon. at the present day male and female pilgrims at mecca wear such a cloth (the _ihr[=a]m_); it covers the knees and one end of it may be cast over the shoulder. in egyptian tombs have been found linen bands no less than 30 ft. in length and 3 ft. in width. the distinctive feature is the spiral arrangement of the garment, the body being wrapped to a greater or less extent with a bandage of varying length in more or less parallel stripes. in old babylonia both the arms and the whole of the right shoulder were originally uncovered, and one end of the garment was allowed to hang loose over the left arm. it is frequently found upon deities, kings and magnates, and appears to have been composed of some thick furrowed or fluted material, sometimes of bright and variegated design. not seldom it is difficult to distinguish between the true spiral garment and a dress with parallel horizontal stripes, and one could sometimes suppose that the flounced dress with volants, well known in the aegean area, had its parallel in babylonia.[5] egypt furnishes admirable painted and sculptured representations of the forms taken by the semitic spiral dress in the xviiith and xixth dynasties; the highly-coloured and gay apparel of palestine and syria standing in the strongest contrast to the plain, simple and often scanty garments of the egyptians (fig. 5). while the common semite wore a short skirt, often with tassels and sometimes with an upper tunic, the more important had an elaborate scarf (extending from waist to knee) wound over the long tunic, or a longer and close-fitting variety coloured blue and red and generally adorned with rich embroidery. a significant feature is the kind of cape which covers the shoulders, it would not and no doubt was not intended to leave play for the arms; it was the dress of the leisured classes, and a typical scene depicts the chiefs of lebanon thus arrayed submissively felling cedars for seti i. (about 1300 b.c.). [illustration: fig. 6.--an egyptian officer.] not until the xviiith and xixth dynasties does a change come over egyptian costume. the asiatic conquests made egypt politically supreme, the centre of life and intercourse, and the tendency arose to pay some attention to outward appearance. from the highest to the lowest--with the important exception of the priests--the new age of luxury wiped out the earlier simplicity. the upper part of the body was covered with a tunic fastened over the girdle. often the left arm had a short sleeve while the right was bare, but flowing sleeves came into use and various pleated skirts became customary. garments were multiplied, and the cape and long mantle, which had previously been uncommon, were now usual. fashions changed in quick succession; upper classes were successively copied by those beneath them and were forced to ensure their dignity by assuming new styles. whether for ordinary or for special occasions a great variety of costume prevailed, and several types can be distinguished among both sexes (erman, pp. 207 seq., 213 sqq.; see fig. 6). the fashionable material was linen, and although, according to herodotus (ii. 81), a woollen mantle was worn over the fringed linen skirt, wool was forbidden to the priests in the temple. the preference for fine white linen, quite in keeping with the exaggerated egyptian ideas of cleanliness, brought the art of spinning and weaving to a singularly high level; in embroidery, as in tapestry, however, it is probable that western asia more than held its own (see figs. 7 and 8). [illustration: drawn from a photo by giraudon. fig. 7. sargon and his commander-in-chief.] quite distinct from the spiral is the old babylonian cloak, which was thrown over the left shoulder, passed under the right armpit, and hung down, leaving sufficient freedom for the legs. it is often decorated with a fringed border from top to bottom. in time this mantle covered both shoulders and assumed sleeves, and in one form or another it is frequently represented. so jehu's tribute-bearers wear short sleeves, trimmed border, and the general effect could even suggest an assyrian dress (see fig 9). not unlike this is the style on the bilingual hittite boss of tarkudimme, where the skirt ends in a point nearly to the ground and one leg stands out bare to the front--the very favourite attitude. long fringed robes were worn by hittites of both sexes, and the women represented at mar'ash and zenj[=i]li wear it hung over the characteristic hittite cylindrical head-dress (fig. 10). on the other hand, the unhappy females of lachish have a long plain mantle which covers the head and forehead (fig. 11), and the same principle recurs in modern usage, where the tunic will be supplemented by a veil or shawl which (generally bound to the head by a band) frames the face and falls back to the waist. a large mantle could thus serve as a veil, and rebekah covered her face with her square or oblong wrapper on meeting isaac (gen. xxiv. 65). veiling was ceremonial (1 cor. xi. 5), and customary on meeting a future bridegroom or at marriage (see gen. xxix. 23-25). nevertheless veils were not usually worn out of doors, the countrywoman of to-day is not veiled, and it is uncertain whether there is any early parallel for the yashmak, the narrow strip which covers the face below the eyes and hangs down to the feet. [illustration: fig. 8.--assyrian officers.] [illustration: fig. 9.--israelite tribute-bearers introduced by two assyrian officers.] [illustration: from _der alte orient_, by permission of j. c. hinrichs'sche buchhandlung. fig. 10.--hittite women.] [illustration: fig. 11.--prisoners of lachish.] before passing to the special covering for the feet and head some further reference to the old testament usage may be made. among the hebrews the outer garment, as distinct from the inner loin wrapper ([)e]z[=o]r) or tunic, evidently took many forms. the tunic (_kutt[=o]neth_, cf. [greek: chiton], _tunica_), like its greek counterpart, was apparently of two kinds, for, although essentially a simple and probably sleeveless garment, there was a special variety worn by royal maidens and men of distinction, explicitly described as a tunic of palms or soles (_pass[=i]m_), that is, one presumably reaching to the hands and feet (gen. xxxvii. 3; 2 sam. xiii. 18 sq.).[6] the _kutt[=o]neth_ could be removed at night (cant. v. 3). for the outer garments the most distinctive term is the _simlah_. this was worn by both sexes, though obviously there was some difference as regards length, &c. (deut. xxii. 5). ruth put one on before going out of doors, and its folds could be used for carrying small loads (ruth iii. 9; ex. xii. 34). the law forbade the creditor to retain it over-night as a pledge (ex. xxii. 26 sq.), and consequently we may assume that it was a large outer wrapper which could be dispensed with out of doors by men, or indoors by women. the _simlah_ of the warrior (isa. ix. 5) can be illustrated from the assyrian sculptures (ency. bib., art. "siege"); according to herodotus (vii. 69) the arabs under xerxes wore a long cloak fastened by a girdle. the outer girdle (heb. _hag[=o]rah_; the arabic equivalent term is a kilt from thigh to knee) varied, as the monuments show, in richness and design, and could be used as a sword-belt or pocket much in the same way as the modern native uses the long cloth twined twice or thrice around his body. the more ornate variety, called _ab[=n][=e]t_, was worn by prominent officials (isa. xxii. 21) and by the high priest. the modern oriental open waistcoat finds its fellow in the jacket or bolero from ancient crete, and seems to have been distinctively aegean. the same may also be true of breeches. the pantaloons worn by modern females, with short tunic and waistcoat, are not found among the bedouin (e.g. of sinai), trousers being considered undignified even for men. but a baggy kind of knickerbockers is represented in old aegean scenes, and it is noteworthy that the arab _mi'zar_ (drawers such as were worn by wrestlers or sailors) takes its name from the _iz[=a]r_ or loin-cloth (_ency. bib._ 1734). such a cloth may once have passed between the legs, being kept in position by the waistband (examples in perrot and chipiez, _greece_, ii. 198 sq., 456). on the other hand, among the africans of punt the waistcloth passes from each knee to the opposite thigh, and two sashes hang down to conceal the parts where they intersect (muller, 108). the people of keft (aegeans) wore a similar arrangement which is a step in the direction of the proper drawers. the latter are found exceptionally upon semitic bedouin with an upper covering of bands wound round the body (muller, 140). however, the woven decorated drawers in cyprus do not appear to be of semitic origin (j. l. myres, _classical review_, x. 355), and it is not until later that they were prescribed to the israelite priests (ezek. xliv. 18). but the garment as explained by josephus (_ant._ iii. 7. 1) was properly a loin-cloth (cf. the examples from punt), and the reason given for its use (ex. xxviii. 42) points to a later date than the law which enforced the same regard for decency by forbidding the priests to ascend altars with steps (ib. xx. 26). as trousers were distinctively persian--though the persians had the reputation for borrowing median and foreign dress (herod. i. 71, vii. 61)--they were no doubt familiar in palestine in the post-exilic age, and in the roman period the _braccae_ and _feminalia_ were certainly known. on supposed references to breeches in dan. iii. 21, see _journ. of philology_, xxvi. 307-313. [illustration: fig. 12. assyrian warriors with captured idols.] footgear. special protection for the feet was chiefly necessary in rocky districts or upon long journeys. in early egypt men of rank would be followed by a servant carrying a pair of sandals in case of need; but in the new kingdom they were in common use, although a typical difference is observed when princes appear unshod in the presence of the pharaoh, who wears sandals himself. the simplest kind was a pad or sole of leather or papyrus bound to the foot by two straps, one passing over the instep, the other between the toes.[7] a third was sometimes fastened behind the heel, and the front is often turned up to protect the toe (egypt and elsewhere). the semites of the xiith dynasty wore on their journeys sandals of black leather, those of the women and children being more serviceable, and, in the case of women, parti-coloured. practically the same simple sandal came into use everywhere when required. but the warrior had something stouter, and the hittites wore a turned-up shoe bound round the legs with thongs. among the latter is also found a piece of protecting leather reaching halfway up the shin, and similar developments with tight-fitting bandages, buskins or laced garters were worn in assyria and asia minor (see fig. 12). such coverings find their analogies among the peasants of modern cilicia and cappadocia. stockings, it may be added, do not appear, and are quite exceptional at the present day. [illustration: from palestine exploration fund _quarterly statement_, oct, 1907. fig. 13.--sacrificial scene on a seal from gezer.] [illustration: fig. 14.--hittite weather-god.] headgear. the treatment of the hair, moustache and beard is extremely interesting in the study of oriental archaeology (see muller, meyer, opp. citt.). a special covering for the head was not indispensable. the semites often bound their bushy locks with a fillet, which varies from a single band (so often, e.g. palestinian captives, 10th century) to a fourfold one, from a plain band to highly decorated diadems. the ethiopians of tirhakah's army (7th cent.) stuck a single feather in the front of their fillet, and a feathered ornament recurs from the old babylonian goddess with two large feathers on her head to the feathered crown common from assur-bani-pal's arabians to ararat, and is familiar from the later distinctive persian head-dress.[8] but the ordinary semitic head covering was a cloth which sometimes appears with two ends tied in front, the third falling behind. or it falls over the nape of the neck and is kept in position with a band; or again as a cloth cap has lappets to protect the ears. sometimes it has a more bulky appearance. in general, the use of a square or rectangular cloth (whether folded diagonally or not) corresponds to the modern _keffiyeh_ woven with long fringes which are plaited into cords knitted at the ends or worked into little balls sewn over with coloured silks and golden threads.[9] the _keffiyeh_ covering cheek, neck and throat, is worn over a small skull-cap and will be accompanied with the relatively modern fez (_tarb[=u]sh_) and a woollen cloth. probably the oldest head-dress is the circular close-fitting cap (plain or braided), which, according to meyer, is of sumerian (non-semitic) origin. but it has a long history. palestinian captives in the assyrian age wear it with a plain close-fitting tunic, and it appears upon the god hadad in north syria (cf. also the gezer seal, fig. 13). with some deities (e.g. the moon-god sin) it has a kind of straight brim which gives it a certain resemblance to a low-crowned "bowler." very characteristic is the conical cap which, like the persian hat (gr. _kurbasia_), resembled a cock's comb. it is worn by gods and men, and with the latter sometimes has ear-flaps (at lachish, with other varieties, ball, 190) or is surmounted by a feather or crest. it was probably made of plaited leather or felt. veritable helmets of metal, such as herodotus ascribes to assyrians and chalybians (vii. 63, 76), and metal armour, though known farther west, scarcely appear in old oriental costume, and the passage which attributes bronze helmets and coats of mail to the philistine goliath and the israelite saul cannot be held (on other grounds) to be necessarily reliable for the middle or close of the 11th century (1 sam. xvii). a loftier head-covering was sometimes spherical at the top and narrowed in the middle; with a brim or border turned up back and front it is worn by hittite warriors of zenj[=i]rli and by their god of storm and war (fig. 14). elongated and more pointed it is the archaic crown of the pharaohs (symbolical of upper egypt), is worn by a hittite god of the 14th century, and finds parallels upon old cultus images from asia minor, crete and cyprus. later, herodotus describes it as distinctively scythian (vii. 64). finally the cylindrical hat of hittite kings and queens reappears with lappets in phoenicia (perrot and chipiez, _phoen._ ii. 77); without the brim it resembles the crown ofthe babylonian merodach-nadin-akhi, with a feathered top it distinguishes adad (god of storm, &c.) at babylonia. narrower at the top and surmounted by a spike it distinguishes the assyrian kings. costume of the gods. when the deities were regarded as anthropomorphic they naturally wore clothing which, on the whole, was less subject to change of fashion and was apt to be symbolical of their attributes. the old babylonian hero gilgamesh and the egyptian bes (perhaps of foreign extraction) are nude, and so in general are the figurines of the ishtar-astarte type. numerous bronze images of a kneeling god at telloh give him only a loin-cloth, and often the deity, like the monarch, has only a skirt. in course of time various plaids or mantles are assumed, and in babylonia the goddesses were the first to have both shoulders covered. distinctive features are found in the head-dress, e.g. crowns (cf. the ammonite god, 2 sam. xii. 30) or horns (a single pair or an arrangement of four pairs), and in babylonia symbolical emblems are attached to the shoulders (e.g. the rays of the sun-god, stalks, running water). long garments ornamented with symbolical designs (stars, &c.) are worn by marduk and adad. the custom of clothing images is well known in the ancient world, and at the restoration of an egyptian temple care was taken to anoint the divine limbs and to prepare the royal linen for the god. the ceremonial clothing of the god on the occasion of festal processions, undertaken in egypt by the "master of secret things," may be compared with the well-known babylonian representations of such promenades. the babylonian temples received garments as payment in kind, and the egyptian lists in the papyrus harris (rameses iii.) enumerate an enormous number of skirts, tunics and mantles, dyed and undyed, for the various deities. a priest, "master of the wardrobe," is named as early as the vith dynasty, and later texts refer to the weavers and laundry servants of the temple. it is probable that 2 kings xxiii. 7 originally referred to the women who wove garments for the goddess in the temple at jerusalem. royal costume. in egypt the king was regarded as the incarnation of the deity, his son and earthly likeness. the underlying conception shows itself under differing though not unrelated forms over western asia, and in their light the question of religious and ceremonial dress is of great interest. throughout egyptian history the official costume was conventionalized, and the latest kings and even the roman emperors are arrayed like their predecessors of the ivth dynasty. the crook which figures among royal and divine insignia may go back to the boomerang-like object which was a prominent weapon in antiquity (muller, 123 sq.). it appears in old babylonia as a curved stick, and, like the club, is a distinctive symbol of god and king. it resembles the sceptre curved at the end, which was carried by old hittite gods. the pharaoh's characteristic crown (or crowns) symbolized his royal domains, the sacred uraeus marked his divine ancestry, and he sometimes appeared in the costume of the gods with their fillets adorned with double feathers and horns. in babylonia naram-sin in the guise of a god wears the pointed helmet and two great horns distinctive of the deities.[10] this relationship between the gods and their human representatives is variously expressed. khammurabi and the sun-god shamash, on the former's famous code of laws, have the same features and almost the same frizzled beard, and, according to meyer, the king in claiming supremacy over sumer and akkad wears the costume of the lands.[11] ordinary folk could not claim these honours, and in egypt, where shaving was practically universal, artificial beards were worn upon solemn occasions as a peculiar duty. but the appendage of the official was shorter than that of the king, and the gods had a distinctive shape for themselves; if it appears upon the dead it is because they in their death had become identified with the god osiris (erman, 59, 225 sq.). young egyptian princes and youthful kings had a long plaited lock (or later a lappet) on the side of their head in imitation of the youthful horus, and the peculiar tonsure adopted by the later arabs of sinai was inspired by the desire to copy their god orotal-dionysus.[12] thus we perceive that ancient costume and toilet involves the relations between the gods and men, and also, what is extremely important, the political conditions among the latter. when the king symbolizes both the god and the extent of his kingdom, ceremonies which could appear commonplace often acquire a new significance, any discussion of which belongs to the intricacies of the history of religion and pre-monarchical society. it must suffice, therefore, to record the pharaoh's simple girdle (with or without a tunic) from which hangs the lion's tail, or the tail-like band suspended from the extremity of his head-dress (above), or the panther or leopard skin worn over the shoulders by the high priest at memphis, subsequently a ceremonial dress of men of rank. that the pharaoh's skirt, sometimes decorated with a pleated golden material, should become an honorific garment, the right of wearing which was proudly recorded among the bearer's titles, is quite intelligible, but many difficulties arise when one attempts to identify the individuals represented, or to trace the evolution of ideas.[13] ceremonial costume. the well-known conservatism of religious practice manifests itself in ceremonial festivals (where there is a tendency for the original religious meaning to be obscured) and among the priests, and it is interesting to observe that despite the great changes in egyptian costume in the new kingdom the priests still kept to the simple linen skirt of earlier days (erman, 206). religious dress (whether of priests or worshippers) was regulated by certain fundamental ideas concerning access to the deity and its consequences. that it was proper to wear special garments (or at least to rearrange one's weekday clothes) on the jewish sabbath was recognized in the talmud, and mahommedans, after discussing at length the most suitable raiment for prayer, favoured the use of a single simple garment (bukh[=a]ri, viii.). it was a deep-seated belief that those who took part in religious functions were liable to communicate this "holiness" to others (compare the complex ideas associated with the polynesian taboo). hence priests would remove their ceremonial dress before leaving the sanctuary "that they sanctify not the people with their garments" (ezek. xliv. 19; cf. xlii. 14), and every precaution was taken on religious occasions to ensure purity by special ablutions and by cleansing the clothes.[14] in the old ritual at mecca, the man who wore his own garments must leave them in the sanctuary, as they had become "taboo"; hence the sacred circumambulation of the ka'ba was performed naked (prohibited by mahomet), or in clothes provided for the occasion. the old archaic waist-cloth was used, and at the present day both male and female pilgrims enter bare-footed and clad in the scanty _ihr[=a]m_ (c. m. doughty, _arabia deserta_, ii. 479, 481, 537). in several old babylonian representations the priests or worshippers appear before the deity in a state of nature.[15] it is known that laymen were required to wear special garments, and the priests (who wore dark-red or purple) were sometimes called upon to change their garments in the course of a ceremony. thus the temples required clothing not merely for the gods but also for the attendants (so at samaria, 2 kings x. 22). in the late usage at harran the worshipper, after purifying his garments and his heart, was advised to put on the clothing of the particular god he addressed (de goeje, _oriental congress_, leiden, 1883, pp. 341 sqq.). the reason is obvious, and the principle could be variously expressed. but we are not told whether the prophetess who wore bands on her arm and drew a mantle over her head (so read in ezek. xiii. 17-23) actually used the clothing peculiar to some deity, nor is it quite clear what is meant when a babylonian ritual text refers to the magical use of the linen garment of eridu (seat of the cult of ea). the bishop gregentius denounced as heathenish the rites in which the arabs wore masks (w. r. smith, 438), and one is tempted to compare the use of masks elsewhere in animal worship. next, one may observe upon old babylonian seals, eagle-headed deities with short feathered skirts attended by human beings similarly arrayed (ball, 151) or figures draped in a fish skin (menant, _rev. de l'hist. des relig._ xi. 295-301) or a worshipper arrayed somewhat like a cock (meyer, 63; cf. lucian's _de dea syria_, § 48; for "bees," &c., as titles of sacred attendants, see j. g. frazer, _pausanias_, iv. 223, v. 621). although there is much that is obscure in this line of research, it is a natural assumption that, in those ritual functions where the gods were supposed to participate, the role was taken by men, and the general idea of assimilating oneself to the god (and the reverse process) manifests itself in too many ways to be ignored (cf. w. r. smith, 293, 437 sq., 474; c. j. ball, _ency. bib._, art. "cuttings"). but the deities were not originally anthropomorphic, and it is with the earlier stages in their development that some of the more remarkable costumes are apparently concerned. of all priestly costumes[16] the most interesting is undoubtedly that of the jewish levitical high-priest. in addition to a tunic (kutt[=o]neth) and a seamless mantle or robe (_m[)e]'[=i]l_), he wore the breastplate (_h[=o]shen_), the ephod, and a rich outer girdle. breeches were assumed on the day of atonement. his head-dress was as distinctive as that of the high priest at hierapolis, who wore a golden tiara and a purple dress, while the ordinary priests had a _pilos_ (conical cap, also worn in israel, ex. xxviii. 40) and white garments. but the various descriptions cannot be easily reconciled.[17] the robe had pomegranates and golden bells that the sound might give warning as he went in and out of the sanctuary, and "that he died not" (ex. xxviii. 35). according to josephus they symbolized the lightning and thunder respectively. the "ephod of prophecy" (so _test. of levi_, viii. 2) was essentially once an object of divination (see ephod). the "breastplate of judgment" was set with twelve jewels engraved with the names of the tribes; the foreordained covering of the semi-divine being in the garden of the gods bore the same number of stones (ezek. xxviii. 13, septuagint). this breast ornament finds analogies in the royal and high priestly dress of egypt, and in the six jewels of the babylonian king.[18] the sacred lots which gave "judgment" in accordance with the divine oracle (num. xxvii. 21) have been plausibly compared with the babylonian tablets of destiny worn by the gods and the mystic lots upon the bosom of noah.[19] the two jewels also engraved with the names of the tribes in a suitable setting, worn upon the _shoulder_ (see p. 102, c.), served, like the twelve mentioned, for a memorial before the deity, effectively bringing them to remembrance, without any action on the part of the bearer, and thus tacitly involving supernatural intervention as amulets are regularly expected to do. the golden plate inscribed "holy to yahweh" placed over the head (the details are discrepant) had a mystic atoning force (ex. xxviii. 38), and in general writers recognized the peculiar efficacy of the costume and its symbolical meaning (philo, _vita mosis_, iii. 14; jos. _ant._ iii. 7. 7; talm. _zeb._ 88b). although jewish tradition ascribed this gorgeous and significant array to the mosaic age (if not to the pre-mosaic days of levi, so the _test. of levi_), its very character, in common with the high priest's status, combines kingly and priestly powers in a manner which is impossible for the period (about 15th-13th cent.). where the king is the human representative of the deity he is theoretically and officially the priesthood, although the priests carry on the ordinary subordinate functions. the hebrew kings, at all events, undertook priestly duties, and not until after the fall of jerusalem does the history allow that usurpation of monarchical rights upon which the prophet ezekiel (q.v.) encroaches. the embodiment of political and religious supremacy displayed in the high priest's authority, clothing and symbols can only reflect exilic or rather post-exilic conditions.[20] (see further priest.) in the maccabaean age the high priest jonathan received the purple robe and crown and the buckle of gold worn on the shoulder as a sign of priestly and secular rank (1 macc. x. 20, 38, 89, xi. 58). his brother simon received similar honours (xiv. 48 sq.), and hyrcanus, the "second david," was supposed to have had two crowns, one royal and the other priestly (talm. _kidd._ 66a). the later rabbis wore most sumptuous apparel, and were crowned until the death of eliezer ben azarya. thus there was a real significance in ceremonial investiture (cf. num. xx. 26, 28) and in the transference of clothes (cf. elisha and elijah's mantle, 2 kings ii. 13). further the exchange of garments was not meaningless, and the prohibition in deut. xxii. 5 points to religious or superstitious beliefs, on which see j. g. frazer, _adonis, attis and osiris_ (2nd ed.), pp. 428-435. on the claim involved by the act of throwing a garment over another (ruth iii. 9; cf. 1 kings xix. 19), see w. r. smith, _kinship and marriage_[21], 105 sq.; j. wellhausen, _archiv f. religionswiss_. (1907), pp. 40 sqq.; and on some interesting ideas associated with sandals, see _ency. bib._, s.v. "shoes." as a sign of grief, or on any occasion when the individual felt himself brought into closer contact with his deity, the garments were rent (subsequently a conventional slit at the breast sufficed) and he donned the _sak_, a loin-cloth or wrapper which appears to be a survival of older and more primitive dress.[21] later tradition (mish., kil. ix. 1) does not endorse ezekiel's prohibition of woollen garments among the priests in the sanctuary (xliv. 17 sq.). why the layman was forbidden a mixture of wool and linen (_sha'atn[=e]z_, deut. xxii. 11) is difficult to explain, though maimonides perhaps correctly regarded the law as a protest against heathenism (on the magical use of representatives of the animal and vegetable kingdom, in conjunction with a metal ring, see i. goldziher, _zeit. f. alttest. wissens._ xx. 36 sq.). ancient oriental costume then cannot be severed from the history and development of thought. on the one side we may see the increase of rich apparel and the profusion of clothes by which people of rank indicated their position. on the other are such figures as the hebrew prophets, distinguished by their hairy garment and by their denunciation of the luxury of both sexes.[22] superfluous clothing was both weakening and deteriorating; this formed the point of the advice of croesus to cyrus (herod. i. 155). but "foreign apparel" was only too apt to involve ideas of foreign worship (zeph. i. 8. sq.), and the recognition that national costume, custom and morality were inseparable underlay the objection to the greek cap (the [greek: petasos]) introduced among the jews under antiochus epiphanes (2 macc. iv. 10-17, with the parallel 1 macc. i. 11-15). the israelite distinctive costume and toilet as part of a distinctive national religion was in harmony with oriental thought, and, as a people chosen and possessed by yahweh, "a kingdom of priests and an holy nation" (ex. xix. 5 sq.; cf. is. lxi. 6), certain outward signs assumed a new significance and continued to be cherished by orthodox jews as tokens of their faith. the tassels attached by blue threads to the four corners of the outer garment were unique only as regards the special meaning attached to them (num. xv. 37-41; deut. xxii. 12), and when in the middle ages they marked out the jew for persecution they were transferred to a small under-garment (the little _t[=a]l[=i]th_), the proper _t[=a]l[=i]th_ being worn over the head in the synagogue. similarly, sentences bound on the left arm or placed upon the forehead (deut. xi. 18, cf. the high priest's plate) find analogies in the means taken elsewhere to ensure the protection of or to manifest one's adherence to a deity; the novelty lies in the part these sentences took in the religion (see phylactery). while the particular prohibition regarding the beard and hair in lev. xix. 27 (cf. ezek. xliv. 20) was for the avoidance of heathen customs, the _p[=e]y[=o]th_ or long curls which became typical in the middle ages are reminiscent of the horns-curl of egypt and the mahommedan "heaven lock" and evidently served as positive distinctive marks. apart from these details later jewish dress does not belong to this section. in the greek and roman period foreign influence shows itself very strongly in the introduction of novelties of costume and of classical terms, and the subject belongs rather to the greek and roman dress of the age.[23] two conflicting tendencies were constantly at work, and reached their climax in the middle ages. there was an anxiety to avoid articles of dress peculiar to other religions, especially when these were associated with religious practices; and there was a willingness to refrain from costume contrary to the customs of an unsympathetic land. on the one hand, there was a conservatism which is exemplified when the jews in course of immigration took with them the characteristic dress of their former adopted home, or when they remained unmoved by the changes of the renaissance. on the other hand, the prominent badge enforced by pope innocent iii. in 1215 was intended to prevent jews from being mistaken for christians, and similarly in mahommedan lands they were compelled to wear some distinctive indication of their sect. thus the many quaint and interesting features of later jewish costume have arisen from certain specific causes, any consideration of which concerns later and medieval costume generally. see i. abrahams, _jewish life in the middle ages_ (1896), chap. xv. sq.; and especially the _jew. encyc._, s.v. "dress" (with numerous illustrations). authorities.--much useful material will be found in popular illustrated books (especially c. j. ball, _light from the east_, london, 1899) and in the magnificent volumes on the history of ancient art by g. perrot and c. chipiez. on egyptian costume see especially j. g. wilkinson, _manners and customs of the ancient egyptians_ (ed. by s. birch, 1878), and a. erman _life in ancient egypt_ (1894, especially pp. 200-233); for egyptian evidence, see w. m. muller, _asien und europa nach altagypt. denkmaler_ (leipzig, 1893), _mitteil. d. vorderasiat. gesellschaft_ (1904), ii. (and elsewhere). the most important study on old babylonian dress is that of e. meyer, "sumerier und semiten in babylonien," in the _abhandlungen_ of the berlin university (1906). for hittite material, see the collection by l. messerschmidt, _mitteil. d. vorderas. ges._ (1900 and 1902). for special discussions, see h. weiss, _kostumkunde_, i. (stuttgart, 1881), articles in _dict. bible_ (hastings), _ency. biblica_, and _jewish encyc._, and i. benzinger, hebr. _archaologie_ (tubingen, 1907), pp. 73 sqq. see also the general bibliography at the end. (s. a. c.) [illustration: from petsofa (annual of the brit. school at athens). fig. 15.--terra-cotta statuette.] ii. _aegean costume._--the discoveries made at mycenae and other centres of "mycenaean" civilization, and those of more recent date due to the excavations of dr a. j. evans and others in crete, have shown that hellenic culture was preceded in the aegean by a civilization differing from it in many respects (see aegean civilization), and not least in costume. the essential feature both of male and female dress during the "minoan" and "mycenaean" periods was the loin-cloth, which is best represented by the votive terra-cotta statuettes from petsofa in crete discovered by professor j. l. myres and published in the ninth volume of the _annual of the british school at athens_ (fig. 15). j. l. myres shows that the costume consists of three parts--the loin-cloth itself, a white wrapper or kilt worn over it, and a knotted girdle which secured the whole and perhaps played its part in producing and maintaining the wasp waists characteristic of the aegean race. the loin-cloth was the only costume (except for high boots, probably made of pale leather, since they are represented with white paint) regularly worn by the male sex, though we sometimes find a hood or wrapper, as on a lead statuette found in laconia (fig. 16), but the aegean women developed it into a bodice-and-skirt costume, well represented by the frescoes of cnossus and the statuettes of the snake-goddess and her votaries there discovered. this transformation of the loin-cloth has been illustrated by mr d. mackenzie (see below) from cretan seal-impressions. in place of the belted kilt of the men we find a belted panier or polonaise, considerably elongated in front, worn by aegean women; and mackenzie shows that this was repeated several times until it formed the compound skirt with a number of flounces which is represented on many mycenaean gems. on a fresco discovered at phaestus (hagia triada) (fig. 17) and a sealing from the same place this multiple skirt is clearly shown as divided; but this does not seem to have been the general rule. on other sealings we find a single overskirt with a pleated underskirt. the skirts were held in place by a thick rolled belt, and the upper part of the body remained quite nude in the earliest times; but from the middle minoan period onward we often find an important addition in the shape of a low-cut bodice, which sometimes has sleeves, either tight-fitting or puffed, and ultimately develops into a laced corsage. a figurine from petsofa (fig. 18) shows the bodice-and-skirt costume, together with a high pointed head-dress, in one of its most elaborate forms. the bodice has a high peaked collar at the back. other forms of head-dress are seen on the great signet from mycenae. the fact that both male and female costume amongst the primitive aegean peoples is derivable from the simple loin-cloth with additions is rightly used by mackenzie as a proof that their original home is not to be sought in the colder regions of central europe, but in a warm climate such as that of north africa. it is not until the latest mycenaean period that we find brooches, such as were used in historical greece, to fasten woollen garments, and their presence in the tombs of the lower city of mycenae indicates the coming of a northern race. [illustration: perrot et chipiez's _art in primitive greece_, by permission of chapman & hall. fig. 16.--lead statuette from kampos.] [illustration: from _monumenti antichi_ (acad. lincei). fig. 17.--part of a fresco discovered at phaestus.] [illustration: from _annual of the brit. school at athens_. fig. 18.--terra-cotta statuette from petsofa.] see _annual of the british school at athens_, ix. 356 sqq. (myres); xii. 233 sqq. (mackenzie); tsountas and manatt, _the mycenaean age_, ch. vii. iii. _greek costume._--all articles of greek costume belong either to the class of [greek: endymata], more or less close-fitting, sewn garments, or of [greek: periblemata], loose pieces of stuff draped round the body in various ways and fastened with pins or brooches. for the former class the generic name is [greek: chiton], a word of semitic origin, which denotes the eastern origin of the garment; for the latter we find in homer and early poetry [greek: peplos], in later times [greek: himation]. the [greek: peplos] (also called [greek: eanos] and [greek: pharos] in homer) was the sole indispensable article of dress in early greece, and, as it was always retained as such by the women in dorian states, is often called the "doric dress" ([greek: esthes doris]). it was a square piece of woollen stuff about a foot longer than the height of the wearer, and equal in breadth to twice the span of the arms measured from wrist to wrist. the upper edge was folded over for a distance equal to the space from neck to waist--this folded portion was called [greek: apoptygma] or [greek: diplois],--and the whole garment was then doubled and wrapped round the body below the armpits, the left side being closed and the right open. the back and front were then pulled up over the shoulders and fastened together with brooches like safety-pins ([greek: peronai]). this was the doric costume, which left the right side of the body exposed and provoked the censure of euripides (_andr_. 598). it was usual, however, to hold the front and back of the [greek: peplos] together by a girdle ([greek: zone]), passed round the waist below the [greek: apoptygma]; the superfluous length of the garment was pulled up through the girdle and allowed to fall over in a baggy fold ([greek: kolpos]) (see greek art, fig. 75). sometimes the [greek: apoptygma] was made long enough to fall below the waist, and the girdle passed outside it (cf. the figure of artemis on the vase shown in