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.
The changes effected in judicial costume during the Commonwealth, like
the reformation introduced at the same period into the language of the
law, were all reversed in 1660, when Charles II.'s judges resumed the
attire and usages of their predecessors in the first Charles's reign.
When he had satisfied himself that monarchical principles were sure of
an enduring triumph, and that their victory would conduce to his own
advantage, great was young Samuel Pepys's delight at seeing the ancient
customs
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