and degree of a Serjeant at Law, and that he shall, at the same time, give gold, as, according to the custom of the realm, has in such cases been used and accustomed to be done. How each is to behave and demean himself, the particulars of the ceremony, and manner how these estates and degrees are to be conferred and received, I forbear to insert; it will take up a larger description than consists with such a succinct discourse: besides, at other times, I have talked it over to you in our common conversation. But I desire that you should know, that, at the time and place appointed, those who are so chosen, hold a sumptuous feast, like that at a Coronation, which is to continue for seven days together: neither shall any one of the new-created Serjeants be at a less expence, suitable to the solemnity of his creation, than two hundred and sixty pounds, and upwards, whereby the expences in the whole, which the eight will be at, will exceed three thousand two hundred marks. To make up which, one article is, every one shall make presents of gold rings to the value, in the whole, of forty pounds (at the least) English money. I very well remember, when I took upon me the state and degree of a Serjeant at Law, that my bill for gold rings came to fifty pounds. Each Serjeant, at the time of his creation, gives to every Prince of the Blood, to every Duke, and to each Archbishop, who shall be present at the solemnity, to the Lord High Chancellor, and to the Treasurer of England; to each a ring of the value of twenty-six shillings and eight pence; to every Earl and Bishop, to the Keeper of the Privy Seal, to each Chief Justice, to the Chief Baron of the King's Exchequer, a ring worth twenty shillings; and to every other Lord of Parliament, to every Abbot and to every Prelate of distinction, to every worshipful Knight, then and there present, to the Master of the Rolls, and to every Justice, a ring to the value of one mark;

t

to each Baron of the Exchequer, to the Chamberlains, and to all the great men at Court then in waiting on the King, rings of a less value, in proportion to their rank and quality so that there will not be the meanest clerk, especially in the Court of Common Pleas, but that he will receive a ring convenient for his degree. Besides, they usually make presents of rings to several of their friends and acquaintance. They give also liveries of cloth, of the same piece and colour, which are distributed in great quantities, not only to their menial servants, but to several others, their friends and acquaintance, who attended and waited on the solemnity of their creation; wherefore, though in the Universities, they who are advanced to the degree of Doctors are at no small expence at their creation, in giving round caps, and other considerable presents: yet they do not give any gold, or presents of like value; neither are at any expences in proportion with a Serjeant at Law. There is not, in any other kingdom or state, any particular degree conferred on the practisers of the law as such; unless it be in the kingdom of England. Neither does it happen, that in any other country, an Advocate enriches himself so much by his practice as a Serjeant at Law. No one, be he never so well read and practised in the laws, can be made a Judge in the Courts of King's Bench, or the Common Pleas, which are the supreme ordinary courts of the kingdom, unless he be first called to be a Serjeant at Law: neither is any one, beside a Serjeant, permitted to plead in the Court of Common Pleas, where all real actions are pleaded: wherefore, to this day, no one hath been advanced to the state and degree of a Serjeant at Law, till he hath been first a Student, and a Barrister, full sixteen years every Serjeant wears in Court a white silk coif, which is a badge that they are graduates in law, and is the chief ensign of habit

with which Serjeants at Law are distinguished at their creation. Neither shall a Judge, or a Serjeant at Law, take off the said coif though he be in the Royal Presence and talking with the King's Majesty. So that you will easily believe, most excellent Prince, that those laws which are so honoured and distinguished beyond the Civil Laws, or those of any other kingdom whatsoever, and the profession whereof is attended with so much solemnity and magnificence, are in themselves exceeding valuable, excellent and sublime, full of knowledge, equity and wisdom.

a In Fleta, the practisers of the law are enumerated under the classes of Servientes, Narratores, Attornati, and Apprenticii. They are ranked under various other denominations by subsequent writers, and there has been a difference of opinion respecting the meaning of several of the distinctions. (Reeves's History of the Law, ch. 11, 30. Preface to the third Report. On a supposed distinction between Narratores and Servientes, Reeves, ch. 11. between Barristers and Utter-barristers, Wynne's Eunomus. Blount, Reeves, ch. 30. On the meaning of the term Apprentice, and the difference between Apprenticii ad Legem, and ad Barras, Barrington on 20 Rich. II. Dugdale's Origines 143. Mitchell's Case, Atk. Rep. vol. II. Somners's Gloss. ad X. Scriptores. On the Antiquity of Advocates, Stephen on Pleading, Appx. n. 8.)

The degree of Serjeant, which is the particular subject of Fortescue's remarks in this chapter, has been exalted by every circumstance with which erudition or eloquence could ennoble it, in a speech delivered by Whitelock, and which is related in his memorials. The subject is treated of in the preface to the tenth report, and it has received great embellishment from the orations which have been spoken at different times on the occasion of the creation of Serjeants. (See Wynne, on the Degree of Serjeant, p. 109. 65.) A writ for the call of Serjeants at law was contained in the MSS. Registrum Brevium. Serjeants are noticed by Bracton, and the title occurs in our records, as early as the time of Edward the first. Whitelock mentions that a Serjeant is addressed in the plural number in his writ, an honor which does not appertain even to Sheriffs. In Popham's Reports is contained a remarkable exhortation, delivered by the Chief Justice to the newly created Serjeants, in which a sage admonition is drawn from every minute peculiarity of their dress. The research of legal Antiquarians has preserved a multitude of curious facts, in addition to the particulars in the text, respecting the rings, mottos, feasts, and other matters connected

with

with the ancient degree of Serjeant at law. (Wynne's Serjeant at Law, p. 75, Mottos, p. 141, Rings, p. 114, Feasts, Dugdale's Origines, p. 41, et seq. Spelman's Gloss. v. Serviens ad legem. Mirror, ch. Des Conteurs et des Loieurs. Barr. on 14 Edw. III. Wynne's Eunomus. Spelman, Gloss. v. Coifa. On the Pillars of Pawle's Dugd. Orig. p. 117. Whitel. Mem. p. 348. 9 Mod. p. 9, and Life of Holt, for the Remonstrance of Keeling, C. J. upon the Diminution in the weight of Rings. On the Compulsory appointment of Serjeants, Tem. Henry V, Reeves, c. 25. On the Removal of Dudley from the degree of Serjeant, Biog. Britan. In Strutt's Antiq. a drawing of a Serjeant in the Coif and Robes of the time of Hen. VII.)

N

CHAP. LI.

THAT you may likewise know the estate of the Judges, as well as of the Serjeants at Law, I will, in the best manner I can, lay before you the method of their appointment, creation, and the nature of their office. There are usually in the Court of Common Pleas five Judges, six at the most; in the Court of King's Bench four, and sometimes five: when any one of them dies, resigns, or is superseded, the King, with the advice of his council, makes choice of one of the Serjeants at Law, whom he constitutes a Judge, by his Letters Patents, in the room of the Judge so deceased, resigning or superseded which done, the Lord High Chancellor of England shall come into the Court where such vacancy is, bringing in his hand the said Letters Patents; when sitting on the bench, together with the Judges of the Court, he introduces the Serjeant who is so appointed to be a Judge; to whom, in open Court, he shall notify the King's pleasure concerning his succession to the vacant office, and shall cause to be read in publick the said Letters Patents after which, the Master of the Rolls shall read to him the oath of office; when he is duly sworn into his said office, the Chancellor shall give into his hands the King's Letters Patents, and the Lord Chief Justice of the Court shall assign him his place where he is to sit, and makes him sit down in it. But you must know, my Prince, that the Judge, amongst other parts of his oath, is to swear,