Book XI Of Attornies, Who Are Put in the Place of Their Principals in Court, to Gain or Lose for Them
Chap. I
The Suits discussed in the former part of this Treatise concern the Right and Propriety of the thing, which a person may prosecute, as indeed, some other Civil Pleas, as well by himself, as by an Attorney409 put in his place to gain or lose. But the person, who thus puts another in his place, ought to be present410 in Court.
It is usually done in the presence of the King’s Justices of the Common Pleas. But on no account, otherwise than as having been appointed by his Principal, when present in Court, ought any one to be received as an Attorney.411 It is not requisite, that the adverse party should on that account be present in Court;412 nor, indeed, the person who is so put in the place of the other, if he be known to the Court. One person alone may be put in the place of another; or two or more, either collectively or separately; so that, if one of them is unable to attend, the other or others may follow up the Plea. Through the medium of such an Attorney, a Plea may be commenced in Court, and determined, whether by Judgment, or final Concord; and that, as fully and effectually, as by the Principal himself.
But, it should be understood that, it will not suffice for any one to constitute another his Bailiff413 or Steward414 for the managing his Lands and affairs, even if it be made to appear to the Court, in order that he should be received in Court in any Suit in the place of his Principal.415 But, it is necessary that, a special authority should be delegated for this purpose; and that the Attorney should, in the manner before described, be put in his place, expressly in that particular Action, to lose or gain for him.
It should also be observed, that any one may in the King’s Court put another in his place, to gain or lose for him, even in a suit that he has in another Court; and it shall be commanded, that the Attorney shall be received in such Court in the place of his Principal, by the following Writ——