In old English movies I've seen the judge put on the dreaded black cloth over his wig. Then he sentences the defendant to death.

I looked up the meaning of the black cloth and the source said it is a sign of mourning.

I don't buy that one. I think that's just a reason someone made up in Victorian times so the kid would stop pestering him for an answer to this question, and the answer got passed on. It can't be mourning, because the judge thinks the convicted murderer or treason or whatever darn well deserves the sentence. It would be hypocritical to pretend to mourn.

There must be an older explanation behind the tradition. If there is, does anyone know what it is?

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Originally posted by babthrower:
In old English movies I've seen the judge put on the dreaded black cloth over his wig. Then he sentences the defendant to death.

I looked up the meaning of the black cloth and the source said it is a sign of mourning.

I don't buy that one. I think that's just a reason someone made up in Victorian times so the kid would stop pestering him for an answer to this question, and the answer got passed on. It can't be mourning, because the judge thinks the convicted murderer or treason or whatever darn well deserves the sentence. It would be hypocritical to pretend to mourn.

There must be an older explanation behind the tradition. If there is, does anyone know what it is?

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I merely speculate, but...

The traditional method of execution in capital crimes has been hanging. This is inherited from our pagan ancestors, who used this as a method of sacrificing to their chief god, Weden. Weden is said to have worn a black, hooded cloak. Perhaps the black cloth is a remnant of that cowl. Recall that traditionally the hangman is also hooded in black.

I note, in passing, that the traditional hangmans noose is tied with nine turns of rope, a number also sacred to Weden, as known from scandinavian sources at least...

Alan Moore

The black cap is a small square of black cloth worn, as you say, by a judge here when passing the death sentence. It is part of a judge's formal dress though the death penalty has been abolished .

Not only that but a barrister's gown still has the vestiges of the bag in which his own hood,what is now the 'cap', was carried; it is an irregular closed pocket hanging over the back on a black strap of cloth sewn to the shoulder of the gown. Laymen are often told that the bag served for the client to drop a guinea in while counsel was in Court, to encourage him to enthusiasm or to keep going In that case it's a pity they sewed it up ! That is a myth.

The barrister's gown is itself black ( and so fitted with the 'bag') since the (royal) Court went into mourning at the death of a sovereign; the cap or hood would have been worn then . Never slow to save money, they never thereafter reverted to the normal, coloured,far more expensive gowns they had normally worn.

The monarch remembered is differently identified sometimes. I was brought up to believe it was Queen Anne (who died in 1714); the alternative was even earlier , so perhaps tutors lied in favour of her, lest anybody thought the profession was behind the times.

Covering the head as a sign of mourning is an old practice. The Israelites of the Old Testament,the Greeks and our Anglo-Saxon ancestors all did it.

It is also worn , by tradition, when the new Lord Mayor of London takes the oath at the Law Courts. The Lord Mayor changes every year on November 9th.I've no explanation for that a present; it may be that it symbolically marks the 'passing' of the outgoing Lord Mayor, who is sadly missed. They change every year , I always think, because a) it gives every Alderman a chance and b) it costs so much. The Mayor has many personal expenses incidental to his office, even that of providing luncheon for the senior judges in the Old Bailey courthouse every day .

( Of course, the judge could be in mourning for the victim ! It wouldn't explain the practice in cases of sheep- stealing or treason where no victim had died, though )

[This message was edited by FredPuli on 12-08-03 at 04:54 PM.]

[This message was edited by FredPuli on 12-08-03 at 04:59 PM.]

Maybe it's to remind us that when he imposes the death penalty it is in his official capacity and not a 'murder' or unlawful execution. Just kind of underlining the point. Because I suppose there is -- or was-- some blood guilt in old times, unless some ritual was observed. Sort of like Pontius Pilate washing his hands.