The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
You have no doubt, at some time or other, walked through the Royal
Courts of Justice and admired the Judges in their scarlet or other
bravery. One odd little detail may have caught your eye: a black patch
on the top differences the wig of the present (1898) Master of the
Rolls from those of his brethren. It signifies that the wearer is a
Serjeant-at-Law, and when he goes to return no more, with him will
probably vanish the Order of the Coif. Verily, it will be the “end
o’ an auld sang,” of a record stretching back to the beginning of
English jurisprudence, of an order whose passing had, at one time,
seemed as the passing of the law itself. Here in bare outline I set
forth its ancient and famous history. And, first, as to the name.
Under the feudal system land was held from the Crown upon various
tenures. Sometimes special services were required from the holders;
these were called Serjeants, and a tenure was said to be by Serjeanty.
Special services, though usually military, now and again had to do
with the administration of justice. A man enjoyed his plot because he
was coroner, keeper of the peace, summoner, or what not; and, over
and above the land, he had the fees of the office. A few offices,
chiefly legal, came to have no land attached--were only paid in fees.
Such a business was a Serjeanty in gross, or at large, as one might
say. Again, after the Conquest, whilst the records of our law courts
were in Latin, the spoken language was Norman-French--a fearful and
wondrous tongue that grew to be--“as ill an hearing in the mouth as
law-French,” says Milton scornfully--and indeed Babel had scarce
matched it. But from the first it must have been a sore vexation to
the thick-witted Saxon haled before the tribunal of his conquerors.
He needs must employ a _counter_, or man skilled in the _conter_, as
the pleadings were called. The business was a lucrative one, so the
Crown assumed the right of regulation and appointment. It was held for
a Serjeanty in gross, and its holders were _servientes regis ad legem_.
The word _regis_ was soon omitted except as regards those specially
retained for the royal service. The literal translation of the other
words is Serjeants-at-law, still the designation of the surviving
fellows of the order. The Serjeant-at-law was appointed, or, in form at
least, commanded to take office by writ under the Great Seal. He was
courteously addressed as “you,” whilst the sheriff was commonly plain
“thou” or “thee.” The King’s or Queen’s Serjeants were appointed by
letters patent; and though this official is extinct as the dodo, he is
mentioned after the Queen’s Attorney-General as the public prosecutor
in the proclamation still mumbled at the opening of courts like the Old
Bailey.
Public-domain text, read in full here on John Shaqi.
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