Style notes … Lord Eldon adorned in shimmering robes … Special occasion … Loopholes in the dress code … Historical research … Splendid raiment comes out of the closet … Queen Anne and Charles 11 mourned for too long … Lady Eldon’s elevation … Theodora reports
When Theodora requested further and better particulars, Morris carefully explained that he was on his way to a special occasion, the retirement of Judge David Andrews SC from the District Court, son of the late Sir Dormer.
They are old friends and were in chambers together in the 1980s. He said that Christopher Hughes was meant to speak, but as he was unavailable Eldon was a late substitute and he decided to deck himself out in this shimmering magic cloth.
Clearly, he has put a lot of research into the topic of what court gown to wear. Eldon never does anything by halves, as we know from his 70-page history-laden pleadings in defamation cases, and he has discovered many authorities as the basis for a courtroom fashion revolution. He tells me:
“Strictly, the privileges of being a QC – I cannot say whether this applies to SCs as well – include the right to wear a silk gown in any colour except red, which is reserved for Supreme Court judges, or purple, reserved for District and County Court judges.”
Coloured barristers’ raiment only went out when Queen Anne died or it may have been Charles 11 or Queen Mary. Whoever which one snuffed it, the bar was infused with grief and has worn black ever since.
“I have decided that we have mourned enough for Queen Anne – even more so, if it was actually Charles II – so I usually wear a navy blue gown.”
Apparently, our field agent was mistaken because these were not golden robes for David Andrews’ last sitting day, but “actually more of an acid-green”.
“I wear them very sparingly since the golden hue does tend to project a sense of Lord Eldon-like self-importance.”
Eldon points to an exhibition in the Queensland Supreme Court library on Australian Legal Fashion where it was noted that barristers are still technically in mourning for the death of a king who died over 300 years ago.
His research extends to the Western Australian Bar Association Review of 2005 at page 29 where the theory of black robes worn to mark Charles II death was carefully analysed, along with details about the periwig that came from the court of Louis X1V and has been adapted for use by briefs today.
Eldon’s robes’ thesis is also reinforced by an August 2017 article in Lawyer Monthly:
“Up until the 14th Century, men of learning wore robes as signs of their status. While other professions and fields of academia (excluding the clergy) gradually dropped this tradition, the bar continued wearing robes – although, back then, they were generally brightly coloured. Being fashionistas, barristers changed these gowns with the seasons; opting for green in the summer and violet in the winter. Red was worn on special occasions.
A Royal Decree was passed on courts dress – known as the Judges Rules of 1635 – which aimed to regulate the attire worn by judges. Although not subject to these formal regulations, following the death of the Charles II in 1685, the bar entered a period of mourning and started to wear black mourning robes, complete with the pleated shoulders and tapered elbows we see today.”
Eldon’s other citations on the topic include information from Bytesdaily, beauty, fashion and judicial “costumes” on a site called Love to Know, and an American website looking at judicial robes from around the world.
Without the footnotes, Clarke concludes:
“Although the bar was not subject to these formal rules of attire, lawyers also began to dress more soberly around this time. It seems that the black colour of barristers’ gowns dates back to when the bar went into mourning after the death of a certain English monarch. Exactly which monarch this actually was is subject to quite some debate.
Nonetheless, whether it is Queen Mary II (1694), Queen Anne (1714), or King Charles II (1685) that is being remembered, the evolutionary feature inspired by their death has been retained – to this day, most common law lawyers and judges wear black gowns when appearing in court.”
Eldon goes the extra half-mile by finding a different, “and perhaps more plausible”, theory in Kathy Laster’s work Law as Culture, published by Federation Press in 2001, where she says:
“… it seems that barristers’ gowns were fixed as black as a result of over-spending by junior members of the Bar in order to display themselves in garish finery.”
Morris QC seems to have covered all bases so it’s onwards and upwards with the multi-coloured costumes. No doubt, he could cite all these authorities should any judge think his court costume out of order.
Former barrister Ian Temby was spotted in Sydney decked out in a dark plum gown, marking a moment of profound change and excitement for the bar.
Before we forget, last month Eldon sent an email to friends, colleagues and clients with the subject line, “Are husbands allowed to boast?”
Why not? There was a link to the news that Lady Eldon, aka Mrs Morris, aka Alice Hampson, has been anointed as national president of the Australian Institute of Architects for 2020-2021. She is an architect, writer, historian, an installation artist and a member of the Queensland Heritage Council.