"At the Quarter-Sessions of Oxford," says Whitelock, speaking of the year 1635, when he was only thirty years of age, "I was put into the chair in court, though I was in colored clothes, a sword by my side, and a falling-band, which was unusual for lawyers in those days, and in this garb I gave the charge to the Grand Jury. I took occasion to enlarge on the point of jurisdiction in the temporal courts in matters ecclesiastical, and the antiquity thereof, which I did the rather because the spiritual men began in those days to swell higher than ordinary, and to take it as an injury to the Church that anything savoring of the spirituality, should be within the cognisance of ignorant laymen. The gentlemen and freeholders seemed well pleased with my charge, and the management of the business of the sessions; and said they perceived one might speak as good sense in a falling-band as in a ruff." At this time Whitelock had been about seven years at the bar; but at the Quarter-Sessions the young Templar was playing the part of country squire, and as his words show, he was dressed in a fashion that directly violated professional usage.

Whitelock's speech seems to have been made shortly before the bar accepted the falling-band as an article of dress admissible in courts of law. Towards the close of Charles's reign, such bands were very generally worn in Westminster Hall by the gentlemen of the long robe; and after the Restoration, a barrister would as soon have thought of appearing at the King's Bench without his gown as without his band. Unlike the bar-bands of the present time--which are lappets of fine lawn, of simple make--the bands worn by Charles II.'s lawyers were dainty and expensive articles, such as those which Peacham exclaimed against in the preceding reign. At that date the Templar in prosperous circumstances had his bands made entirely of point lace, or of fine lawn edged with point lace; and as he wore them in society as well as in court, he was constantly requiring a fresh supply of them. Few accidents were more likely to ruffle a Templar's equanimity than a mishap to his band occurring through his own inadvertence or carelessness on the part of a servant. At table the pieces of delicate lace-work were exposed to many dangers. Continually were they stained with wine or soiled with gravy, and the young lawyer was deemed a marvel of amiability who could see his point lace thus defiled and abstain from swearing. "I remember," observes Roger North, when he is showing the perfect control in which his brother Francis kept his temper, at his table a stupid servant spilt a glass of red wine upon his point band and clothes. "He only wiped his face and clothes with the napkin, and 'Here,' said he, 'take this away;' and no more."

A Book About Lawyers — Part 108