CHAPTER XX.

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MILLINERY.

Saith Sir William Dugdale, in his chapter concerning the personal attire of judges—"That peculiar and decent vestments have, from great antiquity, been used in religious services, we have the authority of God's sacred precept to Moses, 'Thou shall make holy rayments for Aaron and his sons, that are to minister unto me, that they may be for glory and beauty.'" In this light and flippant age there are men irreverent enough to smile at the habiliments which our judges wear in court, for the glory of God and the seemly embellishment of their own natural beauty.

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 AngliÆ,' 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.


                                                                                                                                                                                                                                                                                                           

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