Page:The Green Bag (1889–1914), Volume 03.pdf/134

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CURIOUS CIRCUIT CUSTOMS. OLD customs, rapidly dying out under modern innovation, appear to retain greater vitality among ancient institutions. As " going circuit " by the judges of Eng land is one of the most ancient occurrences m our history, one is prepared to find some of the oldest ceremonies and observances connected with that time-honored usage still existing. From an article in " The Leisure Hour," we extract some interesting facts concerning " Circuit Customs." Let us first take the matter of gloves. Every one knows that when an assize town has no prisoner for trial to bring before the Queen's Justices, or where, in more ancient time, no prisoner had to be sentenced to death, the town is, or was, said to have a "maiden assize; " and the high sheriff pre sented, and still presents, the judge presid ing in the criminal court with a pair of white kid gloves. But the meaning of the custom is not so clearly understood, and has occasioned much discussion. To wear gloves, or have the hands covered, is a mark of superiority, whereas to go without gloves is a mark of submission; and as a judge owes submission to the sovereign whom he represents, and under whose commission he sits, it would be an assumption of too great dignity were he to have his hands covered when acting as deputy of the sovereign in the execution of trie royal commission; hence, says Seldon, "judges wear not gloves while they act in their commission." But where there are no prisoners to try, or in ancient times, where no prisoner was to be condemned to death, and therefore (death being the common pun ishment of all criminal offences, from steal ing to the value of one shilling upwards) the higher powers of the Crown were not to be called in exercise, and ordinary magis trates' functions were to be executed by "delivering the gaol," the sheriff signified to the judge, by presenting him with gloves, I

that he might retain that portion of his at tire of which he had divested himself while act ing as his sovereign's representative. The gloves so presented are usually white, as in dicative of the purity of the county from crime. Newcastle-on-Tyne is the only remaining circuit town in England which presents gloves at the assizes, and which still observes some of the olden ceremonies in connection with judges of assize. With the single excep tion of the city of Bristol, no other town insists upon entertaining the representatives of the Crown during the assizes. When the assize work is over, the mayor and aldermen, in full regalia, attend the judges, and the mayor, as spokesman, makes a speech some what as follows : — "My Lords, we have to congratulate you upon having completed your labors in this ancient town, and have also to inform you that you travel hence to Carlisle through a border country much and often infested by the Scots; we therefore present each of your lordships with a piece of money to buy there with a dagger to defend yourselves." He then presents to the senior judge a piece of gold coin of the reign of James I., called a Jacobus, and to the junior judge a similar coin of the reign of Charles I., a Carolus, and after having been duly thanked by the judge in commission retires. The Cor poration have had at times great difficulty in procuring these coins for the purpose of the assize; but as keeping up the ceremony is enjoined by one of their ancient charters, they are loath to let it drop. We cannot but share the doubts expressed by a witty ex-judge, who, upon receiving the gold after the mayor's exordium, said : " I thank the mayor and Corporation much for this gift. I doubt, however, whether the Scots have been so troublesome on the borders lately; I doubt, too, whether daggers in any number are to be purchased in this ancient