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 defenseless 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 fuisset, alterius nomine agi non posse, qua hoc non minimum incommoditatem habebat, capit 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 West. 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.

Letter of attorney pays by different acts 6s. By 25 Geo. III. c. 80. the following duties are to be paid by every solicitor, attorney, notary, proctor, agent, or procurator, viz. for every warrant to prosecute for a debt of 40s. or to defend, a stamp duty of 2s. 6d. And they are to take out certificates annually; and if resident in London, Westminster, the bills of mortality, or Edinburgh, they are now obliged to pay L. 5 for the same; and in every other part of Great Britain, L. 3. The duties are under the management of the commissioners of stamps: and every acting solicitor, and other person as above, shall annually deliver in a note of his name and residence, to the proper officer of the court in which he practises; the entering officers are to certify notes delivered, and issue annual certificates, stamped as above, which must be renewed ten days before the expiration. Refusing to issue, or improperly issuing certificates, is a penalty of L. 50, and damages to the party aggrieved. Acting without a certificate, or giving in a false place of residence, is a penalty of L. 50, and incapacity to sue for fees due. A stamped memorandum shall be given to the proper officer, of the names of the parties in every action; and in such cases as used to require precipes. Officers who receive stamped memorandums, are to file the same, on penalty of L. 50; and persons not acting conformable to this act forfeit L. 5.

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 sit there, but within the bar in the face of the court.