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ATTORNEY

Volume 2 · 529 words · 1778 Edition

t Law answers to the procurator, or proctor, of the civilians and canonists. And he is one who is put in the place, stead, or turn of another, to manage his matters of law. Formerly every suitor was obliged to appear in person, to prosecute or defend his suit, (according to the old Gothic constitution), unless by special licence under the king's letters patent. This is still the law in criminal cases. And an idiot cannot to this day appear by attorney, but in person; for he hath not discretion to enable him to appoint a proper substitute; and upon his being brought before the court in so defenceless a condition, the judges are bound to take care of his interests, and they shall admit the best plea in his behalf that any one present can suggest. But as, in the Roman law, "cum olim in usu fuisse, aliter nominis agi non posse, sed, quia hoc non minimum

incommoditatem habebat, eaperunt homines per procuratores litigare;" so, with us, on the same principle of convenience, it is now permitted in general, by divers ancient statutes, whereof the first is statute Welt. 2. c. 10, that attorneys may be made to prosecute or defend any action in the absence of the parties to the suit. These attorneys are now formed into a regular corps; they are admitted to the execution of their office by the superior courts of Westminster-hall; and are in all points officers of the respective courts in which they are admitted; and as they have many privileges on account of their attendance there, so they are peculiarly subject to the censure and animadversion of the judges. No man can practise as an attorney in any of those courts, but such as is admitted and sworn an attorney of that particular court; an attorney of the court of king's bench cannot practise in the court of common pleas; nor vice versa. To practise in the court of chancery, it is also necessary to be admitted a solicitor therein; and by the statute 22 Geo. II. c. 46, no person shall act as an attorney at the court of quarter-sessions, but such as has been regularly admitted in some superior court of record. So early as the statute 4 Hen. IV. c. 18, it was enacted, that attorneys should be examined by the judges, and none admitted but such as were virtuous, learned, and sworn to do their duty. And many subsequent statutes have laid them under farther regulations.

ATTORNEY General, is a great officer under the king, made by letters patent. It is his place to exhibit informations, and prosecute for the crown, in matters criminal; and to file bills in the exchequer, for anything concerning the king in inheritance or profits; and others may bring bills against the king's attorney. His proper place in court, upon any special matters of a criminal nature, wherein his attendance is required, is under the judges on the left hand of the clerk of the crown: but this is only upon solemn and extraordinary occasions; for usually he does not fit there, but within the bar in the face of the court.