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