Black Cap

[Metz]

Judges wearing it when passing the death sentance..where does it originate from?

[Quizmonster]

"It may be said in general that the biretta is worn in processions and when seated, as also when the priest is performing any act of jurisdiction, e. g. reconciling a convert. It was formerly the rule that a priest should always wear it in giving absolution in confession, and it is probable that the ancient usage which requires an English judge to assume the "black cap" in pronouncing sentence of death is of identical origin."
The above is from a Catholic encyclop�dia, referring to the biretta, the cap worn by Catholic priests. The words I have italicised suggest that is a likely origin for the judge's black cap.

[THECORBYLOON]

In the 1898 edition of Brewer's Dictionary of Phrase and Fable it says

"The judge puts on his black cap (now a three-cornered piece of black silk) when he condemns to death, in sign of mourning. This sign is very ancient. �Haman hasted to his house mourning, having his head covered� (Esther vi. 12). David wept �and had his head covered� (2 Samuel xv. 30). Demosthens went home with his head covered when insulted by the populace. Darius covered his head on learning the death of his queen. Malcolm says to Macduff in his deep sorrow, �What, man! ne�er pull your hat upon your brows� (Macbeth, iv. 3). And the ancient English, says Fosbroke, �drew their hoods forward over their heads at funerals.�