Logo of The Attorney General's Office
home Page image
 
history
biographies of the current law officers
structure of organisation
 
 
 
 
 
   

History

The office of the Attorney General originated in 1315 when the Crown began to appoint an individual to prosecute its business in the Court of Common Pleas. This appointment was usually by letters patent under the great seal.

Initially, this individual was not given a specific title in the letters patent, but in 1327 he was designated 'King's Attorney'. In the patents granted during the reigns of Edward II and Edward III, the powers of the king's attorney were limited, either in respect of:

  The courts in which he was to practise  
  The area over which his authority extended  
  The business with which he was entrusted  

In 1452 the title of the office was changed to Attorney General and at the same time its holder was given power to appoint deputies. By the sixteenth century, he became the most important person in the legal department of the state and the chief representative of the crown in the courts.

The office of the Solicitor General originated in 1461 when the Crown began to appoint a king's solicitor by letters patent under the great seal. In 1485 the holder was designated solicitor general in the letters patent of appointment, a precedent followed in 1521. The title 'king's solicitor' was used twice in the 1500s and the title solicitor general became standard from 1536.

The letters patent appointing the Attorney General and Solicitor General were in Latin until 1727 (except during periods of parliamentary rule or under the protectorate). They assumed their present form in 1885.

The offices of the Attorney General and Solicitor General attained their modern 'shape' in the seventeenth century when they became legal advisers of the Crown. They appeared, either by themselves or their deputies, on behalf of the Crown in the courts. As the legal advisers and deputies of the crown they gave legal advice to all the departments of state, and appeared for them if they wished to take action in the courts. Like judges, they received writs of attendance requiring them to come to Parliament to give their advice to the House of Lords. Unlike the judges, however, one or other was the member of the House of Commons. They were also regarded as leaders and representatives of the Bar.

The Attorney General and Solicitor General are now known as the Law Officers of the Crown; the Solicitor General deputises for the Attorney General.

Back to Top

 


 
 
 
 
 
Crown Copyright