The function of the Attorney General is an ancient one in English legal practice. The office can be documented as far back as 1277 and is probably substantially older. Most nations and states the legal practices of which are derived from British origins retain not only the function, but also the name Attorney General to describe their chief public prosecutors.

In Delaware, the office existed in rudimentary form even prior to the English era. During the Swedish period (1638-1655), the Governor did not have anyone other than himself to act as chief prosecutor and represent the public interest in civil and criminal cases. Governor Printz, in 1647, appealed to Sweden for appointment of an official who "might attend to the judicial business eliminating the unfortunate need for having one and the same person appear in the court as plaintiff as well as judge."

With the advent of Dutch rule in 1655, this situation soon changed for much of what is now New Castle County. In 1656, the Dutch took control of the region from Christina Creek to Bombay Hook and later of the entire area, establishing a far more liberal government than that which had previously existed. One of the offices which was created, Schout, combined the duties of a modern sheriff and public prosecutor, making it a rudimentary form of Attorney Generalship. The office was filled at Altenae, now Wilmington, in May, 1657, and another position was created in New Amstel, the present New Castle, in September, 1659.

In 1664, Delaware came into the possession of the Duke of York and, for the first time, under the direct influence of English legal practices. For some months, both offices and office holders remained unchanged, however, the name of the office of Schout, was changed to the English Sheriff.

Documenting the first use of the term "Attorney General" to describe the Chief Prosecutor in the "Counties-upon-Delaware", has proved difficult. The earliest identification of an Attorney General is contained in a memorandum appointing David French to the position in 1723. From that date to 1739, eight appointments involving three individuals are recorded.

During the colonial years, the Governor appointed the Attorney General. This appointment power was continued in the State Constitution of 1776, but included the added restriction of confirmation by the Privy Council. The term of office was five years.

The State Constitution of 1792 likewise continued the position of Attorney General as an appointive office for a five year term requiring confirmation by the upper Chamber of the Assembly. This post was among nine which could not be held simultaneously with a federal office. The Attorney General was also barred from holding the state or county offices of Treasurer, Clerk of the Supreme Court, Prothonotary, Register, Recorder or Sheriff. Under the State Constitution of 1831, the Attorney General remained an appointed officer, disqualified for federal office or other major state posts during his term. In the State Constitution of 1897, however, the position became a four-year elective office, and its holder the third in line of succession to the Governorship.

The position of Attorney General and the constitutional responsibilities of the office remained virtually unchanged from 1897 until 1969 when the Department of Justice was created by statute to provide expanded legal and prosecutorial services to our State government.