Like the stuff-gown of the utter-barrister, the robes of English judges
are of considerable antiquity; but antiquaries labor in vain to discover
all the facts relating to their origin and history. Mr. Foss says that
at the Stuart Restoration English judges resumed the robes worn by their
predecessors since the time of Edward I.; but though the judicial robes
of the present day bear a close resemblance to the vestments worn by
that king's judges, the costume of the bench has undergone many
variations since the twentieth year of his reign.
In the eleventh year of Richard II. a distinction was made between the
costumes of the chiefs of the King's Bench and Common Pleas and their
assistant justices; and at the same time the Chief Baron's inferiority
to the Chief Justices was marked by costume.
Henry VI.'s Chief Justice of the King's Bench, Sir John Fortescue, in
his delightful treatise 'De Laudibus Legum Angliae,' describes the
ceremony attending the creation of a justice, and minutely sets forth
the chief items of judicial costume in the Bench and Common Pleas during
his time. "Howbeit," runs Robert Mulcaster's rendering of the 'De
Laudibus,' "the habite of his rayment, hee shall from time to time
forwarde, in some pointes change, but not in all the ensignments
thereof. For beeing serjeaunt at lawe, hee was clothed in a long robe
priestlyke, with a furred cape about his shoulders, and thereupon a
hoode with two labels such as Doctours of the Lawes use to weare in
certayne universityes, with the above described quoyfe. But being once
made a justice, in steede of his hoode, hee shall weare a cloake cloased
upon his righte shoulder, all the other ornaments of a serjeant still
remayning; sauing that a justyce shall weare no partye coloured vesture
as a serjeant may. And his cape is furred with none other than menever,
whereas the serjeant's cape is ever furred with whyte lambe."
Judicial costume varied with the fashion of the day or the whim of the
sovereign in the fourteenth and fifteenth centuries. Subsequent
generations saw the introduction of other changes; and in the time of
Charles I. questions relating to the attire of the common law judges
were involved in so much doubt, and surrounded with so many
contradictory precedents and traditions, that the judges resolved to
simplify matters by conference and unanimous action. The result of their
deliberation was a decree, dated June 6, 1635, to which Sir John
Bramston, Chief of the King's Bench, Sir John Finch, Chief of the Common
Pleas, Sir Humphrey Davenport, Chief of the Exchequer, and all the minor
judges of the three courts, gave subscription.
CHAPTER XXI.
WIGS.
Public-domain text, read in full here on John Shaqi.
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