ADVOCATE, Advocatus, among the Romans, a person skilled in their law, and who undertook the defense of causes at the bar. See LAW. The word is compounded of ad, and voco, i.e. I call to my aid, or defense.
The Roman Advocates answered to one part of the office of a lawyer among us, viz. the pleading part; for as to giving counsel, they never meddled with it: that being the business of the jurisconsults. See JURISCONSULTUS.
The Romans, in the first ages of their state, held the profession of an advocate in great honor; and the seats of their bar were crowded with senators and consuls; they, whose voices commanded the people, thinking it an honor to be employed in defending them. They were styled Comites, Honorati, Clarissimi, and even Patron; as if their clients were not less obliged to them than freedmen to their masters. See PATRON, and CLIENT.
But the bar was not then venal—Those who aspired to honors and offices took this way of gaining an interest in the people, and always pleaded gratis. But no sooner was luxury and corruption brought into the commonwealth, than the bar became a sharer in them. Then it was that the senators let out their voices for pay, and zeal and eloquence were sold to the highest bidder. To put a stop to this abuse, the Tribune Cincius procured a law to be passed, called from him, Lex Cincia; where the advocates were forbidden to take any money from their clients. Frederic Brummerus has published an ample comment upon this law.
It had before been prohibited for the advocates to take any presents or gratuities for their pleading—The Emperor Augustus added a penalty to it: notwithstanding which, the advocates played their parts so well, that the Emperor Claudius thought he did a great thing when he obliged them not to take above eight great sesterces, which are equivalent to 35 pounds sterling, for pleading each cause.
Advocate is still used in countries where the Civil Law obtains, for those who plead and defend the causes of clients trusted to them. See CIVIL LAW.
In Scotland, they have a College, or Faculty of Advocates, 180 in number; appointed to plead in all actions before the Lords of Session. They have a Dean, Treasurer, Clerks, Examinators, and a Curator of their Library. By the Articles of the Union, none are to be named ordinary Lords of Session, except those who have been Advocates, or principal Clerks of Session for five years, etc.
In Doctors Commons, the advocates are usually called Proctors, or Procurators. See PROCTOR, and PROCURATOR.
In France, they have two kinds of advocates, viz. Pleading Advocates, Avocats Plaidants; and Counsel Advocates, Avocats Consultants. This distinction was formed with a view to the two branches among the Romans, Advocati, and Jurisconsulti.
—Yet there is this difference, that the function of the Jurisconsults, who only gave their bare advice, was of a different kind from that of the Advocates; being a sort of private and perpetual magistrature, principally under the first Emperors; as, on the other hand, the Advocates never became Jurisconsults. Whereas in France, after the Advocates have attained to reputation and experience enough at the bar, they quit such a busy province, and become as it were chamber counsel.
They also have their Advocate General, and King's Advocate, Avocat du Roi.
Lord Advocate, in Scotland, is one of the officers of state, whose business is to give his advice about the making and executing of laws; to defend the King's right and interest in all public meetings; to prosecute all capital crimes before the Judiciary; and concur in all pursuits before sovereign courts for breaches of the peace; and also in all matters wherein the King, or his Donator, has interest. He intends no processes of treason, except by warrant of Privy Council.
The Lord Advocate is sometimes an ordinary Lord of Session; in which case, he only pleads in the King's cases: otherwise, he is at liberty to plead in all cases.
Fiscal Advocate, Fisci Advocatus, was an officer instituted by Emperor Adrian, to defend the cause, and interests of the Fiscus, or private treasury; in the several tribunals where that might be concerned. See FISCUS.
Consistorial Advocate, is an officer of the Court of Rome, whose office is to plead upon the oppositions made to the provisions of benefices in that court. See PROVISION. They are ten in number.
Advocate of a city, or town, is a magistrate established in several places of Germany, for the administration of justice in that city, in the Emperor's name. See ADVOCATE.
Advocate of a church, or Ecclesiastical Advocate, a person to whom it anciently belonged, to defend the rights and interests of a church, both in a legal and a military capacity; more usually called Advowee, or Avowee. See ADVOWEE.
The word Advocatus or Advowee is still retained, for what we usually call the Patron, or he who has the advowson, or right of presentation in his own name. See PATRON, ADVOWSON, PRESENTATION, etc.
The Monasteries also had their Advocates, or Advowees. See MONASTERY, etc.
Advocatio Decimarum, a writ which lies for the claim of the fourth part, or upward, of the tithes that belong to any church. See TITHE.
