The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
To anyone interested in the study of origins the symbolic value of the
coif is very considerable. Like the _pileus_, it may be traced back to
the ecclesiastical skull-cap, the corollary of tonsure. In the Dark Ages
the lawyers were almost invariably clergy, in the modern sense of the
term. By the thirteenth century the original skull-cap, while retaining
its general shape, had developed into a head-dress of ampler
proportions, and as such, might, and did, serve as a complete disguise
of the clerical calling. For that reason it was forbidden to the clergy
by Othobon's Constitutions (1268), except as a night or travelling cap.
Like the Serjeant's coif of more recent date, it was white in colour;
and, as an appanage of the legal profession, it was worn by judges and
pleaders alike. The strings were used to tie the coif to the head, and
were fastened under the chin. It has been plausibly suggested that the
Black Cap which judges assume, when passing sentence of death, was a
device for concealing the coif, ecclesiastical justices being debarred
from pronouncing capital sentence; and in this connexion we may recall
the constitutional tradition, which requires the Bishops to withdraw
when issues involving life or death come before the Parliamentary
Courts.
We have spoken of _graduation_ in relation to law. As an explanation of
the phrase, nothing could be more apt than a passage in Coke's "Third
Report," which, although somewhat lengthy, deserves to be cited _in
toto_:
"As there be in the Universities of Cambridge and Oxford divers degrees,
as general Sophisters, Bachelors, Masters, Doctors, of whom be chosen
men for eminent and judicial places, both in the Church and
Ecclesiastical Courts, so in the profession of the law there are
Mootemen [i.e., students], which are those that argue readers' cases in
houses of Chancery, both in terms and grand vacations. Of Mootemen,
after eight years' study or thereabouts, are chosen Utter-barristers; of
these are chosen Readers in inns of Chancery. Of Utter-barristers after
they have been of that degree twelve years at least, are chosen Benchers
or Ancients; of which one, that is of the puisne sort, reads yearly in
summer vacation, and is called a Single Reader; and one of the Ancients
that had formerly read reads in Lent vacation and is called a Double
Reader, and commonly it is between his first and second reading about
nine or ten years. And out of these the King makes choice of his
Attorney and Solicitor General, his Attorney of the Court of Wards and
Liveries, and Attorney of the Duchy; and of these Readers are Serjeants
elected by the King, and are, by the King's writ, called _ad statum et
gradum servientis ad legem_; and out of these the King electeth one,
two, or three, as please him, to be Serjeants, which are called the
King's Serjeants; of Serjeants are by the King also constituted the
honourable and reverend Judges and sages of the law. For the young
Public-domain text, read in full here on John Shaqi.
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