ASSIZE NOTICES.
The costume of the Bench and the Bar is the first thing which attracts the attention of the stranger visiting our Courts of Justice, and on this we will remark, beginning with
The Wig.—"All the wisdom's in the wig" is a saying familiar to us all, and yet the wig was the latest addition to forensic costume. The first species of wig worn in the Courts is that now worn by the Judges at our Cathedrals, called the full-bottomed wig. This was introduced by Louis XIV in France, and copied by Charles II in England; and after that it was worn down to the time of George II as the full-dress wig of noblemen, generals, admirals, churchmen, lawyers, and private gentlemen. It is still worn as the full-dress wig of the Lord Chancellor, Judges of law and equity, the Speaker, Queen's Counsel, Serjeants-at-Law, Masters in Chancery, Recorders, and Judges of the Local Courts. In one of Hogarth's prints of Speaker Onslow and several members of the House of Commons, sitting in the House, all are represented with the full-bottomed wig; and in the prints of the same celebrated artist, Mr. Kettleby, who was the last barrister who merely as a barrister wore the full-bottomed wig, is so represented.
Mr. Meadows, of Gloucester, who is the oldest wigmaker in this part of England, states that those wigs which had the tails knotted were called "tie-wigs," and those short at the back were called "bob-wigs." Thus, a Judge's Nisi Prius wig was called a "friz-tie," it being frizzed all over; a Bishop's wig being a "friz-bob." And it is stated by Mr. Planché, in his admirable little work on British costume, that the tie-wig and the bob-wig were both introduced in the reign of George II, the latter being sometimes worn without powder. Mr. Planché also informs us that the bag-wig was introduced in the reign of Queen Anne.
The Friz-tie Wig.—This is worn by the Judges at Nisi Prius and by the Judges of the local Courts, but this wig was not originally forensic, as it appears in the portrait of Mr. Beaumont, a London attorney of the reign of George II.
The Two-curl Bob-wig.—This was a powdered wig with a peak in front, frizzed all over, except two rows of curls all round the bottom of the back of it. It was worn by Judges when opening the commission, and down to the time of Lord Denman, when they received the Magistrates and the Bar at dinner in the circuit towns; and down to the time of Baron Garrow, when the Judges dined with our Diocesan or Lord Lieutenant, they wore this wig, a black silk gown, and bands. This species of wig was worn by private gentlemen at the beginning of the reign of George III; and Mr. Walter Horton, an eminent shoe manufacturer, at Stafford, who died about 1776, is represented wearing this wig in his portrait, now in the possession of Dr. Knight, the physician and magistrate at that place, who married his granddaughter and co-heiress.
The Curl Tie-wig.—This is the Barrister's wig. It was worn by the late Lord Melville when at the House of Lords, although he was not a barrister. This noble Lord died in 1811.
The Scratch-wig.—This was a brown wig curled all over, worn by the Judges in the streets, with a hat now only worn by Bishops and dignified clergy. This wig was introduced by George IV when Prince of Wales, and was worn by the Judges when not in Court, down to the time of Lord Gifford. It was stated by Mr. Meadows that all these wigs were well known by their names before-mentioned when he was an apprentice.
The Moustache.—On the Bench and at the Bar the moustache was the immediate predecessor of the wig. In the reigns of Queen Elizabeth and Kings James and Charles I the Bench and the Bar wore moustaches, as may be seen in the council-room at Lincolns' Inn and elsewhere in the portraits of Lord Coke, Lord Hale, Lord Keeper Coventry, Lord Ellesmere, and many others. In the reign of King Charles II the moustache generally disappeared, and on went the wig; but there is in Berkeley Castle a fine portrait of King Charles II, by Sir Peter Lely, in which that monarch is represented in a large full-bottomed wig, like that of a Judge at our Cathedral, with the exception of the powder, and wearing a small but well-trimmed moustache. The moustache, however, which had been almost universally worn by all (ecclesiastics, lawyers, and laymen, Archbishop Laud included), did not reappear at the Bar till very recently, when it was worn in our Courts by Mr. Bernhard Smith, Mr. Chandos Pole, Mr. Woodhouse Owen, Mr. Compigne, and other members of the Oxford circuit.
The Band.—Dr. Burn, in his "Ecclesiastical Law," in treating of the costume of the clergy, says—"The band is not so ancient as any canon of the church. Archbishop Laud is pictured in a ruff, which was worn at that time both by clergymen and gentlemen of the law, as also long before, during the reigns of King James I and Queen Elizabeth. The band came in with the Puritans and other sectaries upon the downfall of Episcopacy, and in a few years more became the habit of men of all denominations and professions." It was worn by Oliver Cromwell; and in the portraits of some of the Judges (temp. Charles II) in the Courts at Guildhall, London, the band appears to be nothing more than the ends of a turn-down collar, of the kind worn by young boys now.
The Gold Collar.—This is worn by the two Lords Chief Justices and Lord Chief Baron, and is called the collar of Esses, from the letter S occurring in it. The origin of this is not known: it was worn by the personal friends of Henry IV, and is found represented on the monuments of noblemen, warriors, and even ladies.
The Scarlet Robe.—This is of great antiquity. Lord Chief Baron Cassy is represented wearing such a robe on his monument in Deerhurst church, near Tewkesbury; he died 1401.
The Black Silk Gown.—This is an undress gown of the Lord Chancellor, Judges, Queen's Counsel, and Serjeants-at-Law, none of them wearing his full dress gown in an assize town except the Judges. The Queen's Counsel's full dress gown is of figured black silk, tufted all over like a parish clerk's. The serjeant's full dress is a cloth robe, scarlet for state occasions, black in term time, and purple on the red letter days of the almanac if in term.
The Tippet.—This is a piece of cloth about two feet long, shaped something like a gun-case; it is worn by the Judges in the Crown Court, and by the Serjeants in term time, hung from the right shoulder by a strong metal hook. The tippet is mentioned as a portion of ecclesiastical costume in the 74th canon of 1603. In a very interesting article, which recently appeared in the "Quarterly Review," entitled "Rubric against Usage," some question is raised as to what the tippet was, but on this there ought to be no doubt, as it is still worn by the Judges and Serjeants-at-Law.
The Black Silk Scarf.—This is worn by the Judge in the Crown Court; it is the same as the scarf worn by the clergy, and is evidently derived from the stola, an ecclesiastical vestment.
The Black Silk Girdle.—This is worn by the Judge in the Crown Court; it was a part of the civil costume of the reign of King Henry VII, and is often seen represented in monumental brasses of that period.
The Hood.—Judges sometimes wear the ermine hood with their scarlet robes. The barrister has a black hood (useless from its small size) attached to the back of his gown.
The Judge's Court Hat.—An equilateral cocked hat. The gentleman's hat temp. George II.
The Black Coat and Waistcoat.—The bar did not uniformly wear these till after the general mourning for Queen Anne. Before this time the barristers wore coats and waistcoats of any colour under their gowns, as the undergraduates of Oxford do now. But at this general mourning the Judges thought that the bar in the uniform black dress looked so well that they suggested its continuance, and it has been continued ever since. Indeed, it seems to be pretty clear that a black waistcoat was not always a part of the costume of the bar, as even now, on full dress occasions, the Queen's Counsel wear waistcoats of gold or silver tissue, or of white silk embroidered with coloured flowers. On ecclesiastical and forensic costume in general the Rev. Dr. Burn (before cited) observes that "most of the peculiar habits, both in the Church and in Courts of Justice, and in the Universities, were in their day the common habit of the nation, and were retained by persons and in places of importance only as having an air of antiquity, and thereby in some sort conducing to attract veneration, and the same, on the other hand, in proportion do persuade to a suitable gravity of demeanour, for an irreverent behaviour in a venerable habit is extremely burlesque and ungraceful."
The Barrister's Bag.—At present the younger barristers have blue bags, the elder having red ones. Down to the reign of George IV no barrister carried a bag in Court unless it had been given to him by a King's Counsel, which arose in this way. Down to that period the King's Counsel had no salaries, but each was allowed every year a ream of foolscap paper, a ream of draft paper, six pieces of red tape, six bags, a penknife, a paper of sand, and a paper of pins. These bags being more than they wanted for their own use, some of them were given by them from time to time to their younger friends, who were getting into business, to entitle them, as the phrase was, "to carry a bag," the clerk, who was the bearer of the present, having a fee of a guinea for it. But at last the King's Counsel complaining that the paper was bad, the amount paid by the Government for the allowances was given to them instead, and so matters continued until Mr. (afterwards Lord) Denman was appointed King's Counsel, when fearing that this commuted allowance might be the means of vacating his seat in Parliament, he was appointed King's Counsel "without any fee, gain, or reward whatsoever," and so have been all the King's and Queen's Counsel ever since.
Opening the Pleadings.—At present the junior counsel for the plaintiff, in a Nisi Prius cause, shortly states the effect of the pleadings. This is called "opening the pleadings." This practice was introduced at the suggestion of Lord Mansfield, early in the reign of George III. The Nisi Prius business in London was then monopolised by Sir Fletcher Norton, Mr. Dunning, and a few other leaders, and to throw something into the hands of the juniors Lord Mansfield suggested the practice that in every case where a King's Counsel was alone for the plaintiff a junior should have a guinea fee to state or open the pleadings. This was acceded to; but as the clients thought this of no use to them, they had a second brief delivered to a junior with two guineas, and the junior then assisted the leader throughout the cause, as the practice is now; but even at present, if a plaintiff has only engaged Queen's Counsel or Serjeants, the youngest counsel present is paid a guinea to open the pleadings only, and do nothing more in the cause; and this is called a "kite."
Assize Balls.—The late Mr. Bellamy, who went the Oxford and other circuits for sixty-two years, and who died in 1845, remembered that in every county on this circuit there was an assize ball on the commission day of each assize. This ball was attended by the nobility and gentry of the county and the Judges and Bar. The Judges used to wear to the balls the black silk gown, band, and the two-curl bob-wig. They were attended by the High Sheriff, wearing a full court dress, bag-wig, and sword; and his chaplain, in his gown, cassock, and band. The Judges did not dance, but they usually played at whist. The assize ball was continued in Buckinghamshire within the memory of the Rev. Edward Owen, one of the present magistrates of that county.
The Courts.—In the recollection of Mr. Bellamy, in every assize town on the Oxford circuit the two Courts were held in the same room, without any division or partition, so that one Judge could see the other. This continued at Gloucester till the year 1816, and the alteration was occasioned by this circumstance: Baron (then Judge) Bayley was trying a man for murder, and his jury burst into a laugh at one of Mr. Dauncey's jokes in a horse cause in the other Court. The learned Judge thought it was time this was altered.
Assize Presents.—Formerly the Judges on their circuits had an immense number of presents—venison, fruit, wine, &c.—which half kept their house during the assizes; but in the year 1794, when so much was subscribed for the defence of the nation against the threatened invasion, the value of the different presents was subscribed, and the presents discontinued, and never again renewed. About thirty years ago a story was current in Worcester that the Mayor always sent the Judges a present of a loaf of sugar, and that the Judges in return invited the Mayor to dine with them; but that the Mayor being once uninvited, the sugar was discontinued ever after. Till the passing of the Municipal Reform Act the Corporation of Gloucester always sent each Judge in spring a salmon and a house lamb, and in summer a salmon and a whole sheep; and at present the Corporation of Oxford give to each Judge a pair of white kid gloves, edged with gold lace, and ornamented with gold tassels.
The High Sheriff's Costume.—Of late years, in Worcestershire, the High Sheriff has dressed as any other gentleman. In Berkshire and Oxfordshire the High Sheriff's costume is a court dress, and it was so till lately in Gloucestershire and Monmouthshire; but as the present court dress was first introduced in the early part of the reign of George III, the bag-wig in the reign of George II, and as swords were worn by all the gentlemen as part of their usual evening dress, within the memory of Mrs. Hannah Shenton, of Stafford, who is now living at the advanced age of ninety-seven, it is manifest that the High Sheriff only appeared in the full dress of a gentleman of his time. And as a further proof that the costume of the High Sheriff was the full dress of the private gentleman of the period, there is a portrait of Francis Goddard, Esq., High Sheriff of Wiltshire, in the reign of King William III, now in the possession of Major Goddard, of the Wilts Militia, in which the High Sheriff is wearing a full-bottomed wig.
Javelin Men.—These, no doubt, were the vassals and retainers of the High Sheriff, who attended to protect and guard the Judges, the weapon they carried being the partizan, which is still carried by the yeomen of the guard, which was introduced in the reign of Henry VIII. Mr. Aubrey, the Wiltshire antiquary of Charles II's reign, in a letter published by him in a work called "Miscellanies on several Curious Subjects," says, from information obtained from his grandfather (temp. Henry VIII)—"Lords had their armouries to furnish some hundreds of men. The halls of Justices of the Peace were dreadful to behold: the screens were garnished with corslets and helmets, gaping with open mouths with coats of mail, lances, pikes, halberts, brown-bills, batterdashers, bucklers, and the modern calivers and petronels (in King Charles I's time turned to muskets and pistols). Then an esquire, when he rode to town, was attended by eight or ten men in blue coats with badges;" and it would seem that from the reign of King Charles II the javelin men have continued to be much the same as at present, as in the printed articles of agreement entered into in that reign by sixty-four Wiltshire gentlemen, who were liable to serve the office of High Sheriff, it is stipulated (inter alia) "That no one of the said persons, when he is made sheriff of the said county, have above thirty livery-men, nor under twenty, for his attendance at the assize. * * * And that when any of the said subscribers shall be made sheriffs of the said county, the livery shall be a plain cloth coat or cloke, edged and lined through with sarge, a black hat, and suitable javelin." This curious document, which was signed by one of his ancestors, still remains in possession of Major Goddard.
The Trumpeters.—These were part of the state of every Nobleman, Bishop, and High Sheriff. Mr. Aubrey, in his letter before cited, says—"The Lords kept trumpeters, even to King James;" and as late as the reign of George II there were trumpeters in the establishment of the Archbishop of Canterbury. At ancient banquets, trumpeters were always in attendance. At the Peacock Feast given by Robert Braunche, Mayor of Lynn, to King Edward III, and represented on the tomb of that magistrate, in Lynn Church, the sonorous blast of the trumpets accompanies the introduction of the viands; and at the Lord Mayor's Dinner at Guildhall, on the 9th of November, every toast is announced with a flourish of trumpets, at the top of the hall, which is answered by another flourish from the bottom.