Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1873-01-29

CURIOUS LEGAL CUsTOM.-The London
Globe in late article headed ''All about the
Courts" referring to some recent judicial
promotions in England, treats of the ancient
and mysterious order Of sergeants-at-law,
and gives a description, which we reprint,
Of the mode in which barristers selected for
advancement to the bench, who may not
already be ''sergeants,' are admitted to that
honorable fraternity. The conferrlng OF this
dignity upon them Is an indispensable pre-
requisite to their being sworn in as Judges of
the Queens Courts at Westminster. Mr..
Archibald, who has been raised TO the
| Queen's Bench. Is brother Of Mr.. Edward
M Archibald, the British Consul-General in
this city. The Globe says:
| The special diversion of the past week
| has been the first appearance of no less than
| two new judges in their respective courts.
| In the case ot'Sir. James Hannen, who took
| his seat for the first tine as Judge Ordinary
of the Court of Probate and ID vorce, the
interest was not particularly keeDly felt.
! The elevation of Mr.. Justice Archibald on
the same day to the Queens Bench was an
event of different kind. There is an an
cient custom, which has grown ID be rule,
| that all Judges of the superior courts at
Westminster shall take upon them the rank
]
duties of the higher Office.
Now, the degree of sergeant-at-law is
one of great dignity and antiquity. Treatis-
es have been written demonstrating the
claim of the venerable Institution of ser
geantcy to the reverence of all posterity, and
setting out the rights and privileges of an
order compared to which the objects of pale-
ontology are things OF quite a little while
I ago. Even the very title of the Office is so
| old that its derivation is somewhat obscure.
Some authorities are of opinion that the ORR
| gin Of the office is strictly leudal, and that
the holders retained it by knightly services
(serrientes ad leqem) in the realm of law
while others incline to the belief that the
representatives of some knowing fellows
| (sdges gens) who arrived IN this country
In the wake of William the Norman. All,
| however, are agreed that. like many other
ancient dIgnties, the original holders came
over with the Conqueror, at the very
| least
Why Judge must needs be a sergeant
| is one of the mysteries into which It Ill be
comes irreverent, iDquisitiye persons to pry
| too narrowly: they nig ut as well ask why a
bishop ts made ID. ID. Suffice it to say
that such is always the case, and that a
| judge could no more appear on the bench
without the sergeant's colt on the summit of
| his wig than the great Papjandrum himself
without the little round button at the top.
| So Mr. Justice Archibald was made ser
geant according to ancient usage, and gave
| gold rings to all kinds of great people, and
| finally appeared at the bar of the Court of
Common Pleas as counsel for one apocryphal
Ann Winn, widow, who sued OUT a writ OF
dover (they call it real action, though it
| obo, hnt ol1 loiy tho
crowd was heard to remark, That's the way
of all lawyers'0. How passage was made
right through the bar benches for all the world
| like the passage along which nervous gentle
men are marched on to the stage at a wizards
entertainment 4; how the new sergeant in a
purple cloth gown of ancient cut and full
bottomed wig of tremendous proportions,
came slowly to the front end addressed their
| lordships in solemn tones; how their lord
ships struggled bravely to keep grave, and
how Mr. Justice Brett at last gave up gray
ity as hopeless; how Mr.. Sergeant Balan-
tine and Mr.. Sergeant Parry, who bad some
mystic rites to perform in connection with
the proceedings, managed 10 keep as grave
as undertakers, thereby sending half the spec
tators into fits-to narrate all these things
in full would occupy too much space. The
ceremony was briet, however, and in very
few minutes from its commencement the new
sergeant left the court-as the police reports
say-'accompanied by his friends
"Scene III, was laid in the Court of
Queens Bench, where, ten minutes after
wards, Mr.. Sergeant Archibald appeared in a
new character, with entirely new dresses
and decorations An ermined gown and a
bob wig replaced the sergeant's robes.
The bar and the spectators rose as he enter
ed, and remained standing while the judges
oath was administered by the officer of the
court. The new judge then took bis seat
and signed the roll of the court, and SO ended
the ceremony. Thus entered upon his judi
cial career man who has won his way to
the bench by dint OF honorable toll man
who commands the universal esteem and re-
gard OF his brother now on the bench as of
late brethren at the bar, and who may safely
be trusted to bring to the discharge of his
duties a. judge q sound and ripe scholarship
in law, . winning and courteous manner, and
fitting sense Of the high s&cs be has at
tsinsd.