Court Traditions

Judicial attire

What is the history behind the attire worn by judges and barristers? We have discovered two explanations - one associated with the death of an English king; the other concerning clerics. You can decide for yourself which one you think is more likely:

1. The death of King Charles II

Judicial attire in its present form dates from about 1660, the time of the Restoration of the English monarchy. Upon the return of Charles II from France, the fashion of the Court of Louis XIV for powdered wigs became de rigeur for the smart members of English society. The judicial robe and barrister's gown developed much earlier. By the time of Edward III (1327-77), fur and silk-lined robes were well established as a mark of high judicial office. Judicial costume changed with the seasons, generally green in the summer and violet in the winter, with red reserved for special occasions.

The plain black gown was adopted by most barristers in 1685 when the bar went into mourning at the death of King Charles II. By the late sixteenth century, however, all members of the legal profession wore round black skullcaps to court, with the white edges of the coif sticking out underneath. When wigs were introduced, judicial wigs had a small version of the skullcap and coif sewn into them. Law students, not yet entitled to wear wigs, continued to wear the legal skullcap for some time after the introduction of wigs, but by the early eighteenth century, it had disappeared completely. Therefore judges and barristers began wearing wigs and robes because everybody in polite society was wearing wigs and robes in those days and the custom has continued ever since!

2. Clerics assist to spread the law

The use of wigs and gowns, whilst traditional, also has a more practical and dual role - although neither may be immediately obvious. The tradition dates back, long before the legal 'breakaway' from Britain in 1922 when the two court systems went their separate ways, to the days when the King (of England) toured the country with his entourage dispensing justice in the market towns which were usually located one day's horse ride apart.

Clerics formed part of this entourage and were the only people who could read and write. Their purpose was to record the King's judgments in writing so that wherever possible, similar judgments could be given in similar cases all over the whole country. This was the basis of the "common law", justice was "common" to the whole country.

These clerics were in great demand due to their knowledge of the decisions that the King was likely to make, but because they had taken vows of poverty, they were unable to charge for their services. In order to overcome this problem, they adopted the practice of wearing wigs to hide their "tell-tale" shaven heads, and gowns to cover their ecclesiastical dress. They could be approached by clients (inside Westminister Abbey; the most senior, and expensive cleric by the pillar nearest the door, to the juniors and least expensive by the pillars nearer the back). After they had given their advice, payment would be slipped into a pocket sewn onto the back of the gown, (which is still there to this day) in the pretence that they did not know that they had been paid.

The tipstaff

The tipstaff may often by seen walking in front of a High or Supreme Court judge holding a staff through the Round Hall of the Four Courts in Dublin. Their role originates from the early Law Enforcement Officers who would apprehend the person intended for arrest by enforcing, if necessary, their duty with a tipped staff. The staff was made of wood or metal or both, topped with a crown. The crown, which unscrewed, was removed to reveal a warrant of arrest inside the hollow staff. Some staffs were definitely a means of protection and this is where the present day policeman's truncheon originates.

Visitors to the Four Courts in Dublin will notice the judges of the High Court and the Supreme Court being escorted to and from court by their tipstaff, who carries a staff. While carrying a staff is part ceremonial and the continuation of a long tradition, it is also recognised by those who work in the courts and helps to allow easy passage through the crowded Round Hall and corridors. On reaching the court the tipstaff will request order in the courtroom as the judge takes his or her place on the Bench. Tipstaffs have worked in the Four Courts since it opened in 1796.

The daily function of the tipstaff is that of assistant to the judge, as he or she carried out their judicial duties - this also involves working outside of court hours and can include driving the judge to various engagements and to sittings of the High Court at provincial venues. 

Judges of the Circuit Court are assisted by 'criers'. They perform the same duties as tipstaffs but do not carry a staff when going to or from the courts in the Four Courts.