The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
death, and so remained, since their present dress is that then adopted.
Serjeants were unwilling to lose sight of their coifs altogether,
and it was suggested on the wig by a round patch of black and white,
representing the white coif and the cap which had covered it. The limp
cap of black cloth known as the “black cap” which the judge assumes
when about to pass sentence of death was, it seems, put on to veil the
coif, and as a sign of sorrow. It was also carried in the hand when
attending divine service, and was possibly assumed in pre-Reformation
times when prayers were said for the dead.
A few words will tell of the fall of the order. As far back as 1755
Sir John Willis, Chief Justice of the Common Pleas, proposed to throw
open that court as well as the office of judge to barristers who were
not Serjeants, but the suggestion came to nothing. In 1834, the Bill
for the establishment of a Central Criminal Court contained a clause
to open the Common Pleas; this was dropped, but the same object was
attained by a royal warrant, April 25, 1834. The legality of this was
soon questioned and, after solemn argument before the Privy Council,
it was declared invalid. In 1846 a statute (the 9 & 10 Vict. c. 54)
to the same effect settled the matter, and the Judicature Act of 1873
provided that no judge need in future be a Serjeant. On the dissolution
of Serjeants’ Inn its members were received back into the Houses whence
they had come.
As for centuries all the judges were Serjeants, the history of the
order is that of the Bench and Bar of England; yet some famous men
rose no higher, or for one reason or other became representative
members. Such a one was Sir John Maynard (1602-1690). In his last
years William III. commented on his venerable appearance: “He must
have outlived all the lawyers of his time.” “If your Highness had not
come I should have outlived the law itself,” was the old man’s happy
compliment. Pleading in Chancery one day, he remarked that he had
been counsel in the same case half a century before, he had steered a
middle course in those troubled times, but he had ever leant to the
side of freedom against King and Protector alike. His share in the
impeachment of Strafford procured him a jibe in Butler’s _Hudibras_,
yet it was said that all parties seemed willing to employ him, and
that he seemed willing to be employed by all. Jeffreys, who usually
deferred to him, once blustered out, “You are so old as to forget
your law, Brother Maynard.” “True, Sir George, I have forgotton more
law than ever you knew,” was the crushing retort. Macaulay has justly
praised his conduct at the Revolution for that he urged his party
to disregard legal technicalities and adopt new methods for new and
unheard-of circumstances. Edmund Plowden (1518-1585) deserves at least
equally high praise. He was so determined a student that “for three
years he went not once out of the Temple.” He is said to have refused
Public-domain text, read in full here on John Shaqi.
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