624:, which gave them priority in motions before the court. Serjeants also had the privilege of being immune from most normal forms of lawsuit – they could only be sued by a writ from the Court of Chancery. It was held as an extension of this that servants of Serjeants could only be sued in the Common Pleas. As part of the Court of Common Pleas the Serjeants also performed some judicial duties, such as levying fines. In exchange for these privileges, Serjeants were expected to fulfil certain duties; firstly, that they represent anybody who asked regardless of their ability to pay, and secondly that, due to the small number of judges, they serve as deputy judges to hear cases when there was no judge available.
600:, and were not allowed to act in cases against the Crown or do anything that would harm it; in 1540 Serjeant Browne was heavily punished for creating a tax avoidance scheme. The King's Serjeants would wear a black Coif with a narrow strip of white, unlike the all-white Coif of a normal Serjeant. The King's Serjeants were required to swear a second oath to serve "The King and his people", rather than "The King's people" as a Serjeant-at-Law would swear. The King's favoured Serjeant would become the King's Premier Serjeant, while the oldest one was known as the King's Ancient Serjeant.
401:
291:. Although required to make the Common Pleas their principal place of work, there is evidence of Serjeants who did not; one, Robert Mennell, worked entirely in the North of England after his creation in 1547 and was not known in Westminster, where the Common Pleas was located. This was also a time of great judicial success for the Serjeants; since only Serjeants could be appointed to the common law courts, many also sat in the
299:. This period was not a time of success for the profession overall, however, despite the brisk business being done. The rise of central courts other than the Common Pleas allowed other lawyers to gain advocacy experience and work, drawing it away from the Serjeants, and at the same time the few Serjeants could not handle all the business in the Common Pleas, allowing the rise of barristers as dedicated advocates.
474:, who would appoint the new Serjeants. This was intended to provide a way to select possible judges in a period where political favouritism was rampant – since only Serjeants could become judges, making sure that Serjeants were not political appointees was seen to provide for a neutral judiciary. Serjeants were traditionally appointed by a writ directly from the King. The writ was issued under the
559:. By the time the order came to an end the formal robes were red, but Mr. Serjeant Robinson recalled that, towards the end days of the order, black silk gowns were the everyday court garb and the red gown was worn only on certain formal occasions. The cape was originally a cloak worn separately from the robe, but gradually made its way into the uniform as a whole.
417:
voluntary association, and although most
Serjeants joined upon being appointed they were not required to. There were rarely more than 40 Serjeants, even including members of the judiciary, and the Inns were noticeably smaller than the Inns of Court. Unlike the Inns of Court, Serjeant's Inn was a private establishment similar to a
359:, which came into force on 1 November 1875. Section 8 provided that common law judges need no longer be appointed from the Serjeants-at-Law, removing the need to appoint judicial Serjeants. With this Act and the rise of the Queen's Counsel, there was no longer any need to appoint Serjeants, and the practice ended.
416:
Serjeant's Inn was a legal inn restricted to
Serjeants-at-Law. It operated from three locations, one in Holborn, known as Scroope's Inn, which was abandoned by 1498 for the one in Fleet Street, which was pulled down during the 18th century, and one on Chancery Lane, pulled down in 1877. The Inn was a
279:
as a separate group; although
Serjeants were the only lawyers who normally argued in court, they occasionally allowed other lawyers to help them in special cases. These lawyers became known as outer or "utter" barristers (because they were confined to the outer bar of the court); if they were allowed
444:
350 in the 19th century, while those promoted solely to take up judicial office had to pay £500. The Hall was a large room hung with portraits of various famous judges and
Serjeants-at-Law, with three windows on one side each containing the coat of arms of a distinguished judge. Around the room were
335:
Every new Queen's
Counsel created reduced the Serjeants in importance, since even the most junior QC took precedence over the most senior Serjeant. Although appointments were still made to the Serjeants-at-Law, the King's Serjeant and the King's Ancient Serjeant, and several Serjeants were granted
252:
in 1239 the king was assisted by "all the serjeants of the bench", although it is not known who they were. By the 1270s there were approximately 20 recorded
Serjeants; by 1290, 36. This period also saw the first regulation of Serjeants, with a statutory power from 1275 to suspend from practise any
40:
575:
intended to cover the coif, although it is often confused with the coif itself. When wigs were first introduced for barristers and judges it caused some difficulty for
Serjeants, who were not allowed to cover the coif. Wigmakers got around this by adding a small white cloth to the top of the wig,
494:
serve the King's people as one of the
Serjeants-at-law, and you shall truly counsel them that you be retained with after your cunning; and you shall not defer or delay their causes willingly, for covetness of money, or other thing that may turn you to profit; and you shall give due attendance
136:. Within the Serjeants-at-Law were distinct orders: the King's Serjeants, particularly favoured Serjeants-at-Law, and within that the King's Premier Serjeant, the Monarch's most favoured Serjeant, and the King's Ancient Serjeant, the oldest. Serjeants (except King's Serjeants) were created by
184:; Alexander Pulling argues that Serjeants-at-Law existed "before any large portion of our law was formed", and Edward Warren agrees that they existed (in Normandy), supporting him with a Norman writ from approximately 1300 which identifies Serjeants-at-Law as directly descending from Norman
592:. The King's Serjeant (who had the postnominal KS, or QS during the reign of a female monarch) would represent the Crown in court, acting as prosecutor in criminal cases and representative in civil ones, and would have higher powers and ranking in the lower courts than the Attorney- or
336:
patents of precedence which gave them superiority over QCs, the
Victorian era saw a decline in appointments. The rule that all common law judges must be Serjeants was circumvented: anyone chosen to be a judge would be appointed a Serjeant, and immediately thereafter a judge. In 1834
156:. From the 14th century onwards, a black skullcap was worn over the coif, and when wigs were adopted by the legal profession, the serjeants continued to wear the coif and skullcap in the form of small circular patches of black fabric over white fabric on top of their wigs.
274:
bragged that he had been "the only
Serjeant-at-Law in England" in 1559. Over these 100 years, only 89 Serjeants were created. At the time they were the only clearly distinguishable branch of the legal profession, and it is thought that their work may have actually created
1412:
The book of dignities: containing rolls of the official personages of the British Empire from the earliest periods to the present time together with the sovereigns of Europe, from the foundation of their respective states; the peerage of England and Great
445:
the coats of arms of various Serjeants, which were given to their descendants when the Inn was finally sold. When the Fleet Street Inn was abandoned, this location became the sole residence of the Serjeants. With the demise of the order after the
428:. It was rebuilt by 1670, but the end finally came in 1733. The Fleet Street Inn had fallen into a "ruinous state", and the Serjeants had been unable to obtain a renewal of their lease. They abandoned the property, and it returned to the Dean.
261:
slowly came about during the 1320s, squeezing the size of the bar until only a consistent group reappeared. From this period, Serjeants also began to be called in regular groups, rather than individually on whatever date was felt appropriate.
563:
described the cape as the "main ornament of the order", distinguished only from the cape worn by judges because it was furred with lambskin rather than miniver. The capes were not worn into court by the advocates, only by the serjeants.
674:(politically junior to the Attorney General) a King's Serjeant. To reflect the political reality, the Attorney General was made superior to any King's Serjeant, and this remained until the order of Serjeants-at-Law finally died out.
465:
The process of being called to the order of Serjeants-at-Law stayed fairly constant. The traditional method was that the Serjeants would discuss among themselves prospective candidates, and then make recommendations to the
439:
in 1394. By 1404 it was known as "Farringdon's Inn", but although the Serjeants were in full possession by 1416 it was not until 1484 that the property became known as Serjeant's Inn. Newly promoted Serjeants had to pay
82:, thus the Serjeants are said to be the oldest formally created order in England. The order rose during the 16th century as a small, elite group of lawyers who took much of the work in the central common law courts.
315:
to appoint him "Queen's Counsel Extraordinary" (QC), a new creation which gave him precedence over the Serjeants. This was not a formal creation, in that he was not granted a patent of appointment, but in 1604
431:
The property on Chancery Lane consisted of a Hall, dining room, a library, kitchens and offices for the Serjeants-at-Law. This Inn was originally known as "Skarle's Inn" from about 1390, named after
670:, when a royal patent gave the Attorney General precedence over all King's Serjeants "except the two ancientiest", and secondly in 1814 when the Attorney General of the time was a barrister and the
352:
270:
During the 16th century the Serjeants-at-Law were a small, though highly respected and powerful, elite. There were never more than ten alive, and on several occasions the number dwindled to one;
93:, the order gradually began to decline, with each monarch opting to create more King's or Queen's Counsel. The Serjeants' exclusive jurisdictions were ended during the 19th century and, with the
536:
627:
Only Serjeants-at-Law could become judges of the common law courts; this rule came into being in the 14th century for the Courts of Common Pleas and King's Bench, and was extended to the
567:
The coif was the main symbol of the Order of Serjeants-at-Law, and is where their most recognisable name (the Order of the Coif) comes from. The coif was white and made of either silk or
576:
representing the coif. A small black piece of cloth was worn over the white cloth, representing the skullcap that the serjeants had begun wearing over their coifs in the 14th century.
571:. A Serjeant was never obliged to take off or cover his coif, not even in the presence of the King, except as a judge when passing a death sentence. In that situation he would wear a
651:. A Serjeant made a King's Counsel or judge would still retain these social privileges. As the cream of the legal profession, Serjeants earned higher fees than normal barristers.
523:
would instead be used. The feasts gradually declined in importance, and by the 17th century they were small enough to be held in the Inns. The last recorded feast was in 1736 in
478:
and required "the elected and qualified apprentices of the law to take the state and degree of a Serjeant-at-Law". The newly created Serjeants would then assemble in one of the
424:
The Inn on Fleet Street existed from at least 1443, when it was rented from the Dean of York. By the 16th century it had become the main Inn, before being burnt down during the
128:) and precedence over all other lawyers. Only Serjeants-at-Law could become judges of these courts until the 19th century, and socially the Serjeants ranked above
1450:
Copy of the first report made to His Majesty by the commissioners appointed to inquire into the practice and proceedings of the superior courts of common law
236:
Firm evidence for existence of legal serjeants in England dates from the reign of Henry III. As such it is the oldest royally created order; the next is the
547:, a robe and a furred cloak. The robe and cloak were later adapted into the robe worn by judges. The cut and colour of this robe varied – records from the
490:
and be given a purse of gold. The Coif was then placed on the Serjeant's head. The Serjeants were required to swear an oath, which was that they would:
1383:
The order of serjeants at law: a chronicle of creations, with related texts and a historical introduction. Selden Society Supplementary series vol. 5
120:, being the only lawyers allowed to argue a case there. At the same time, they had rights of audience in the other central common law courts (the
381:, the last Irish serjeant, spent the second half of his career at the English bar, and as a matter of courtesy was always addressed as Serjeant.
78:), or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France before the
499:
The new Serjeants would give a feast to celebrate, and gave out rings to their close friends and family to mark the occasion. The King, the
332:, who appointed an average of nine a year, and following him approximately 12 were created a year, with an average of 245 at any one time.
337:
1573:
503:
and other figures also received rings. The major courts would be suspended for the day, and the other Serjeants, judges, leaders of the
348:, Serjeant or not, and this was followed for six years until the Serjeants successfully petitioned the Queen to overturn it as invalid.
320:
saw fit to finally award this. The creation of Queen's (or King's) Counsel was initially small; James I created at least one other, and
555:, and Serjeants being ordered to wear the same. In 1555 new Serjeants were required to have robes of scarlet, brown, blue, mustard and
97:
coming into force in 1875, it was felt that there was no need to have such figures, and no more were created. The last appointed was
449:, there was no way to support the Inn, and it was sold in 1877 for £57,100. The remaining Serjeants were accepted into their former
671:
593:
1601:
659:
589:
1596:
930:
110:
1527:
446:
17:
1591:
355:, from 18 August 1846, allowed all barristers to practise in the Court of Common Pleas. The next and final blow was the
617:
288:
121:
1506:
1438:
1371:
467:
249:
367:
351:
The Serjeants only enjoyed their returned status for another six years, however, before Parliament intervened. The
98:
43:
613:
341:
284:
258:
117:
67:
370:, who had been made a serjeant so that he could be appointed a judge of the Common Pleas. He died in 1921.
254:
647:, and their wives had the right to be addressed as "Lady —", in the same way as the wives of knights or
106:
608:
For almost all of their history, Serjeants at Law and King's Serjeants were the only advocates given
374:
164:
102:
89:
or "Queen's Counsel Extraordinary" (King's Counsel during a male monarch's rule) during the reign of
31:
639:, or the Ecclesiastical Courts. The Serjeants-at-Law also had social privileges; they ranked above
548:
922:
188:; indeed, they were sometimes known as Serjeant-Conteurs. The members of the Order initially used
137:
1363:
666:. This state of affairs came to an end as a result of two changes – firstly, during the reign of
475:
378:
240:, created in 1330. Serjeants at Law existed in Ireland from at least 1302, and were appointed by
141:
1567:
560:
189:
644:
133:
912:
425:
321:
109:
in 1912; after his 1921 relocation to the English bar he remained "Serjeant Sullivan" as a
690:
novels, hunchback lawyer Matthew Shardlake, is a Serjeant-at-Law during the reign of King
8:
1518:
655:
436:
418:
356:
325:
237:
94:
1410:
1391:
1547:
1498:
628:
609:
487:
292:
125:
86:
714:
1539:
1502:
1481:
1464:
1434:
1417:
1397:
1367:
926:
663:
632:
621:
508:
405:
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271:
1531:
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this increased, with a few appointed each year. The largest change came about with
245:
207:
202:
197:
129:
500:
483:
471:
296:
181:
79:
616:. Until the 17th century they were also first in the order of precedence in the
30:
This article is about the English legal office. For the Irish legal office, see
1458:
911:
Polden, Patrick (2010). "Barristers". In Cornish, William; et al. (eds.).
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as a legal adviser to the monarch and their government in the same way as the
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308:
149:
1485:
917:. Vol. XI: 1820–1914 English Legal System. Oxford. pp. 1017–1063.
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636:
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was limited to three (originally one, later two). The last appointment was
1401:
551:
show judges being instructed to wear robes of scarlet, green, purple and
432:
312:
90:
101:, later a Law Lord, who retired in 1905 and died in 1921. The number of
1551:
1393:
The Inner and Middle Temple, legal, literary, and historic associations
691:
568:
329:
1566:
1171:
Robinson: "Bench and Bar" (1889, Hurst & Blacket, London) at p.295
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A King's or Queen's Serjeant was a Serjeant-at-Law appointed to serve
159:
Although the Serjeants are extinct as a class of advocates, the title
687:
585:
572:
535:
516:
345:
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to act they had "passed the bar" towards becoming a Serjeant-at-Law.
276:
180:
The history of Serjeants-at-Law goes back to within a century of the
116:
The Serjeants had for many centuries exclusive jurisdiction over the
71:
63:
1535:
39:
362:
The last English serjeant at the bar, the "rather undistinguished"
153:
144:, and wore a distinctive dress, the chief feature of which was the
1516:
Warren, Edward (1942). "Serjeants-at-Law; The Order of the Coif".
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Bench and Bar: Reminiscences of One of the Last of an Ancient Race
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552:
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193:
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The traditional clothing of a Serjeant-at-Law consisted of a
257:). The exclusive jurisdiction Serjeants-at-Law held over the
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Member of an order of barristers at the English and Irish bar
658:
King's Serjeants came before all other barristers, even the
603:
196:" where they would give counsel to those who sought advice.
544:
145:
307:
The decline of the Serjeants-at-Law started in 1596, when
1495:
Saxon and medieval antecedents of the English common law
596:. King's Serjeants also worked as legal advisers in the
527:, when fourteen new Serjeants were raised to the Coif.
1149:
1147:
253:
Serjeant who misbehaved (enacted as chapter 29 of the
1144:
163:is still given to the judge generally known as the
287:, Serjeants also took most of the business in the
340:issued a mandate which opened up pleading in the
1583:
579:
515:were not big enough for such an occasion, and
366:, died in 1899. The last English serjeant was
631:in the 16th century; it did not apply to the
283:Despite holding a monopoly on cases in the
192:as their meeting place, standing near the "
1492:
482:, where they would hear a speech from the
1360:The Oxford history of the laws of England
923:10.1093/acprof:oso/9780199258819.003.0031
914:The Oxford History of the Laws of England
721:. Middle Temple Library. 28 November 2018
604:Precedence, status and rights of audience
229:For his science, and for his high renoun,
223:He sened swiche; his wordes were so wise,
1475:
534:
507:and occasionally the King would attend.
399:
302:
200:makes reference to the Serjeants in the
38:
1456:
1447:
1428:
221:Discreet he was and of great reverence,
219:Ther was also, full rich of excellence.
14:
1584:
1515:
1389:
910:
590:Attorney-General for England and Wales
470:. He would pass these names on to the
353:Practitioners in Common Pleas Act 1846
161:The Serjeant-at-Law in the Common Hall
1408:
1380:
1357:
1340:
1338:
1193:
1191:
1189:
1179:
1177:
453:, where judicial Serjeants were made
215:A serjeant of the law, ware and wise,
1528:University of Virginia School of Law
1448:Pollock, Jonathan Frederick (1829).
709:
707:
447:Supreme Court of Judicature Act 1873
227:By patent, and by pleine commissiun;
1476:Robinson, Benjamin Coulson (1894).
460:
225:Justice he was ful often in assise,
217:That often hadde ben at the parvis,
74:. The position of Serjeant-at-Law (
24:
1335:
1186:
1174:
231:Of fees and robes had he many on.
46:, the last English Serjeant-at-Law
25:
1613:
1559:
704:
468:Chief Justice of the Common Pleas
457:and normal Serjeants barristers.
389:
1463:. William Clows & Sons Ltd.
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368:Nathaniel Lindley, Baron Lindley
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404:A plaque marks the site of Old
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248:claimed that, for the trial of
1480:. London: Hurst and Blackett.
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778:
769:
760:
751:
742:
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62:, was a member of an order of
58:), commonly known simply as a
13:
1:
1602:Medieval English court system
1381:Baker, John Hamilton (1984).
1358:Baker, John Hamilton (2003).
697:
495:accordingly. So help you God.
373:The equivalent Irish rank of
1597:Historical legal occupations
1396:. London: Methuen & Co.
662:, until the introduction of
7:
1457:Pulling, Alexander (1884).
580:King's or Queen's Serjeants
255:Statute of Westminster 1275
10:
1618:
1592:Serjeants-at-law (England)
719:Middle Temple Library Blog
393:
170:
29:
1493:von Kynell, Kurt (2000).
165:Common Serjeant of London
32:Serjeant-at-law (Ireland)
1429:Megarry, Robert (1972).
530:
1574:Encyclopædia Britannica
1568:"Serjeant-at-Law"
1431:Inns Ancient and Modern
1364:Oxford University Press
476:Great Seal of the Realm
364:Frederick Lowten Spinks
265:
142:Great Seal of the Realm
1577:(11th ed.). 1911.
1409:Haydn, Joseph (1851).
1042:Robinson (1894) p. 308
1033:Robinson (1894) p. 304
979:Robinson (1894) p. 310
682:The main character in
645:Companions of the Bath
540:
497:
413:
234:
134:Companions of the Bath
103:Irish Serjeants-at-law
47:
1460:The Order of the Coif
1390:Bellot, Hugh (1902).
1344:Pulling (1884) p. 183
1332:Pulling (1884) p. 182
1278:Pulling (1884) p. 232
1269:Pulling (1884) p. 180
1260:Pulling (1884) p. 179
1197:Pulling (1884) p. 221
1183:Pulling (1884) p. 220
1162:Pulling (1884) p. 226
1141:Pulling (1884) p. 215
1132:Pulling (1884) p. 214
1123:Pulling (1884) p. 240
1114:Pulling (1884) p. 236
1105:Pulling (1884) p. 235
1096:Pulling (1884) p. 245
1078:Pulling (1884) p. 228
1069:Pulling (1884) p. 227
1051:Pulling (1884) p. 125
1015:Pulling (1884) p. 126
997:Pulling (1884) p. 124
988:Pulling (1884) p. 123
618:Court of King's Bench
614:Court of Common Pleas
549:King's Privy Wardrobe
538:
492:
403:
377:survived until 1919.
342:Court of Common Pleas
303:Decline and abolition
289:Court of King's Bench
285:Court of Common Pleas
259:Court of Common Pleas
212:
122:Court of King's Bench
118:Court of Common Pleas
85:With the creation of
42:
18:Queen's Serjeant
1314:Pulling (1884) p. 37
1305:Megarry (1972) p. 16
1296:Warren (1945) p. 923
1287:Warren (1945) p. 924
1251:Pulling (1884) p. 41
1242:Warren (1945) p. 926
1233:Warren (1945) p. 920
1215:Pulling (1884) p. 40
1206:Megarry (1972) p. 18
1153:Pulling (1884) p.218
1087:Warren (1945) p. 925
1060:Megarry (1972) p. 26
1024:Megarry (1972) p. 25
1006:Megarry (1972) p. 24
970:Warren (1945) p. 934
961:Bellot (1902) p. 168
952:Megarry (1972) p. 23
901:Megarry (1972) p. 22
883:Megarry (1972) p. 21
874:Megarry (1972) p. 20
865:Megarry (1972) p. 19
775:Pulling (1884) p. 42
766:Warren (1945) p. 919
748:Warren (1945) p. 918
539:An example of a coif
426:Great Fire of London
324:four. Following the
1519:Virginia Law Review
1452:. House of Commons.
1323:Kynell (2000) p. 91
1224:Baker (2003) p. 424
892:Haydn (1851) p. 246
856:Baker (2003) p. 425
847:Baker (2003) p. 423
838:Baker (2003) p. 422
829:Kynell (2000) p. 92
820:Baker (2003) p. 421
784:Kynell (2000) p. 93
757:Pulling (1884) p. 3
739:Pulling (1884) p. 2
656:order of precedence
437:Master of the Rolls
357:Judicature Act 1873
326:English Restoration
238:Order of the Garter
190:St Paul's Cathedral
95:Judicature Act 1873
76:servientes ad legem
1499:Edwin Mellen Press
1433:. Selden Society.
811:Baker (1984) p. 12
802:Baker (1984) p. 11
793:Baker (1984) p. 10
629:Exchequer of Pleas
610:rights of audience
541:
488:Lord Chief Justice
414:
379:Alexander Sullivan
293:Exchequer of Pleas
126:Exchequer of Pleas
48:
1385:. Selden Society.
932:978-0-19-925881-9
684:C. J. Sansom
672:Solicitor General
633:Court of Chancery
622:Court of Chancery
594:Solicitor General
272:William Bendlowes
99:Nathaniel Lindley
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130:Knights Bachelor
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938:17 December
433:John Scarle
313:Elizabeth I
210:, writing:
91:Elizabeth I
1586:Categories
698:References
692:Henry VIII
330:William IV
311:persuaded
277:barristers
148:, a white
140:under the
64:barristers
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725:25 August
688:Shardlake
586:the Crown
573:black cap
517:Ely Place
346:barrister
344:to every
322:Charles I
72:Irish Bar
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649:baronets
511:and the
455:Benchers
186:conteurs
154:skullcap
152:or silk
60:Serjeant
1552:1068630
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318:James I
171:History
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1548:JSTOR
1526:(7).
531:Robes
1540:ISSN
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1368:ISBN
940:2023
927:ISBN
727:2023
643:and
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295:, a
266:Rise
150:lawn
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