Serjeant-at-law

A very ancient and the most honorable order of advocates at the common law. They were called, formerly, "countors," or "serjeant-countors," or "countors of the bench" (in the old law Latin phrase, band narratores), and are mentioned by Matthew Paris in the life of John II., written in 1255. They are limited to fifteen in number, in addition to the judges of the courts of Westminster, who are always admitted before being advanced to the bench. The most valuable privilege formerly enjoyed by the Serjeants was the monopoly of the practice in the court of common pleas. A bill was introduced into parliament for the purpose of destroying this monopoly, in 1755, which did not pass. In 1834, a warranty under the sign manual was directed to the judges of the common pleas, commanding them to open the court to the bar at fore the court and decided to be illegal. 10 Bing. 571; 6 Bing. N. C. 187, 232, 235. St. 9 & 10 Vict. c. 54, has since extended the privilege to all barristers. 3 Bl. Comm. 27, note.

A very ancient and the most honorable order of advocates at the common law. They were called, formerly, countors, or serjeant-countors, or countors of the bench (in the old law-Latin phrase, band narratores), and are mentioned by Matthew Paris in the life of John I„ written in 1255. They are limited to fifteen in number, in addition to the judges of the courts of Westminster, who were always admitted before being advanced to the bench. This legal monopoly of the bench lasted, in theory, till 1875, though in recent years a judge designate was made a serjeant as a preliminary to being sworn into office. Jenks, Hist. E. L. 199. The most distinctive feature in the Serjeant’s dress in olden times was the “coif,” a close-fitting head-covering of lawn or silk. He was invested with this on the day of his call by the chief justice of the king’s bench, and it was not doffed even in the presence of the sovereign. It is supposed that the coif was invented for the purpose of hiding the red churchmen from their lucrative practice in the courts. The most valuable privilege formerly enjoyed by the serjeants was the monopoly of the practice In the court of common pleas. A bill was introduced into parliament for the purpose of destroying this monopoly, in 1755, which did not pass. In 1833, a warrant under the sign manual was directed to the judges of the common pleas, commanding them to open that court to the bar at large. The order was received and complied with. In 1839, the matter was brought before the court and decided to be illegal; 10 Bingh. 571; 6 Bingh. N. C. 187, 232. The exclusive privilege of serjeants to appear at the bar of the common pleas was argued before the privy council by Lord Brougham in 1839; see Manning’s Serviem ad Legem. The statute 9 & 10 Viet. c. 54, has since extended the privilege to all barristers; 3 Sharsw. Bla. Com. 27, n. Upon the Judicature Act coming into operation, the institution and office of serjeant-at-law virtually came to an end; Weeks, Att. at Law § 33. In 1812 Mr. Justice Story made an order in the United States circuit court for the first circuit conferring upon Jeremiah Smith and Jeremiah Mason “the honorable decree of Serjeant-at-Law”; Charles Warren, in 46 Am. L. Rev. 667. The last surviving serjeant-at-law was Lord Justice Lindley, who was admitted to Serjeant’s Inn in 1875. See Experiences of Serjeant Ballantine, Loud. 1882; Pulling, Order of Coif; Inns of Court; Faryndon Inn.

A barrister of the common-law couris of high standing, and of much the same rank as a doctor of law is in the ecolesiastical courts. These serjeants seem to have derived their title from the old knights templar, (among whom there existed a peculiar class under the denomination of "fr&ret tergens," or "fratres servientes,") and to have continued as a separate fraternity from a very early period In the history of the legal profession. The barristers who first assumed the old monastic title were those who practiced in the court of common pleas, and until a recent period (the 25th of April, 1834, 9 & 10 Viet. c. 54) the serjeants at law always had the exclnsive privilege of practice in that court. Every judge of a common-law court, previous to his elevation to the bench, used to be created a serjeant at law; but since the judicature act this is no longer necessary. Brown.

Defined under Serjeant in Black's Law Dictionary.