from PART VI - Legal Antiquities
Published online by Cambridge University Press: 05 December 2014
Robes perform an important symbolic function, and in the case of English judges they used to represent – for wearers as well as observers – the values of constancy and continuity in our legal tradition. Their symbolism is greatly enhanced if they are not the invention of uninformed modern couturiers but a proud inheritance from earlier centuries. The robes worn by English judges until 2008 were the robes of Coke, of Hale, of Holt and of Mansfield. They were worn through all the vicissitudes of our history, through the Wars of the Roses, the Civil War, and the Blitz, by the guardians of the common-law system of justice. They are well known everywhere and are still worn not only in many Commonwealth countries but even in some former Commonwealth countries. No other costume is more closely associated with freedom, judicial independence and fairness. It is therefore fitting, as they are consigned to museums and lumber rooms, to record something of that history. With the black silk gown of later times, with court-coats and bands and wigs, we shall not here be concerned, for they have a separate history. The ancient habit consists of a robe, a hood, and a cloak or mantle. On less formal occasions a black scarf has been worn in place of the mantle, with an unlined hood cast over the right shoulder by its tail.
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