See also:law . The word is used technically in Scotland (see
See also:FACULTY OF) in a sense virtually
See also:equivalent to the
See also:barrister, and a derivative from the same Latin source is so used in most of the countries of
See also:Europe where the
See also:civil law is in force . The word advocatus is not often used among the earlier jurists, and appears not to have had a strict meaning . It is not always associated with legal proceedings, and might apparently be applied to a supporter or coadjutor in the pursuit of any desired
See also:object . When it came to be applied with a more specific
See also:limitation to legal services, the position of the advocatus was still uncertain . It was different from, and evidently inferior to, that of the
See also:juris-consultus, who gave his opinion and advice in questions of law, and may be identified with the consulting counsel of the
See also:day . Nor is the merely professional
See also:advocate to be confounded with the more distinguished orator, or patronus, who came forward in the guise of the disinterested vindicator of
See also:justice . This distinction, however, appears to have arisen in later times, when the profession became mercenary . By the lex Cincia, passed about two centuries B.C., and subsequently renewed, the acceptance of remuneration for professional assistance in lawsuits was prohibited . This law, like all others of the kind, was evaded . The skilful debater was propitiated with a present; and though he could not sue for the value of his services, it was ruled that any honorarium so given could not be demanded back, even though he died before the anticipated service was performed . The traces of this evasion of a law may be found in the existing practice of rewarding counsel by fees in anticipation of services .
The term advocatus came eventually to be the word employed when the
See also:bar had become a profession, and the qualifications,
See also:admission, numbers and fees of counsel had become a
See also:matter of state regulation, to designate the pleaders as a class of professional men, each individual advocate, however, being still spoken of as
See also:patron in reference to the litigant with whose
See also:interest he was entrusted . The advocatus fisci, or fiscal advocate; was an officer whose
See also:function, like that of a
See also:solicitor of taxes at the present day, was connected with the collection of the revenue . The lawyers who practised in the English courts of
See also:common law were never officially known as advocates, the word being reserved for those who practised in the courts of the civil and
See also:canon law (see DOCTORS'
See also:COMMONS) . There was formerly an important official termed his
See also:majesty's advocate-general, or more shortly, the
See also:king's advocate, who was the
See also:principal law officer of the
See also:crown in the
See also:College of Advocates or Doctors' Commons, and in the
See also:admiralty and ecclesiastical courts . He discharged for these courts the duties which correspond to those of thesolicitor of the
See also:treasury (see SOLICITOR) . His opinion was taken by the
See also:office on
See also:international matters, and on high ecclesiastical matters he was also consulted; all orders in council were submitted to him for approval . The office may now be said to be obsolete, for after the resignation of
See also:Sir Travers Twiss, the last holder, in 1872, it was not filled up . There was also a second law officer of the crown in the admiralty
See also:court called the admiralty advocate . This office has long been vacant . Advocate is also the title still in use in some of the
See also:British colonies to denote the chief law officer of the crown there . For instance, in Sierra Leone (until 18y6),
See also:Lagos and Cyprus he is called the king's advocate; in Malta, crown advocate; in
See also:Mauritius, procureur and advocate-general, and in the provinces of India advocate-general . In France, the avocats, as a
See also:body, were re-organized under the
See also:empire by a decree of the 15th of
See also:December 181o .
There is, however, a distinction between avocats and avoues . The latter, whose number is limited,
See also:act as procurators or agents, representing the parties before the tribunals, draft and prepare for them all formal acts and writings, and prepare their lawsuits for the oral debates . The office of the avocat, on the other
See also:hand, consists in giving advice as to the law, and
See also:con-ducting the causes of his clients by written and oral pleadings . The number of avocats is not limited; every licentiate of law being entitled to apply to the corporation of avocats attached to each court, and aftef presentation to the court, taking the
See also:oath of office and passing three years in attendance on some older advocate, to have himself recognised as an advocate . In Germany the advocat no longer forms a distinct class of lawyer . Since 1879, when a sweeping judicature act (Deutsche Justizgesetzgebung) reconstituted the judicial
See also:system, the advocat in his character of adviser, as distinguished from the
See also:pro-curator, who formerly represented the client in the courts, has become merged in the Rechtsanwalt, who has the dual character of counsellor and pleader . In the
See also:middle ages the word, advocatus (Fr . (mue, Ger .
See also:Vogt) was used on the continent as the title of the
See also:lord charged with the
See also:protection and
See also:representation in secular matters of an abbey . The office is traceable as early The advocatus as the beginning of the 5th century in the
See also:Roman ecctesiae. empire, the churches being allowed to choose defen- sores from the body of advocates to represent them in the courts . In the Frankish
See also:kingdom, under the
See also:Merovingians, these lay representatives of the churches appear as agentes, defensores and advocati; and under the
See also:Carolingians it was made obligatory on bishops, abbots and abbesses to appoint such officials in every
See also:county where they held
See also:property . The office was not hereditary, the advocatus being chosen, either by the
See also:abbot alone, or by the abbot and
See also:bishop concurrently with the count .
The same causes that led to the development of the feudal system also affected the advocatus . In times of confusion churches and abbeys needed not so much a legal representative as an armed
See also:protector, while as feudal immunities were conceded to the ecclesiastical
See also:foundations, these required a representative to defend their rights and to fulfil their secular obligations to the state, e.g. to lead the ecclesiastical levies to war . A new class of advocatus thus arose, whose office, commonly rewarded by a
See also:grant of
See also:land, crystallized into a
See also:fief, which, like other fiefs, had by the beginning of the rxth century become hereditary . In France the advocati ((voues) were of two classes—(1)
See also:great barons, who held the advocateship of an abbey or abbeys rather as an office than a fief, though they were indemnified for the protection they afforded by a domain and The French revenues granted by the abbey: thus the duke of avoue' .
See also:Normandy was advocatus of nearly all the abbeys in the duchy; (2)
See also:petty seigneurs, who held their avoueries as hereditary fiefs and often as their
See also:sole means of subsistence . The avoid of an abbey, of this class, corresponded to the
See also:vidame (q.v.) of a bishop . Their function was generally to represent the abbot in his capacity as feudal lord; to act as his representative in the courts of his
See also:superior lord; to exercise secular justice in the abbot's name in the abbatial court; to lead the retainers of the abbey to
See also:battle under the banner of the patron
See also:saint . In England the word advocatus was never, used to denote an hereditary representative of an abbot; but in some of the larger abbeys there were hereditary stewards whose functions England. and privileges were not dissimilar to those of the
See also:continental advocati . The word advocatus, however, was in
See also:constant use in England to denote the patron of an ecclesiastical
See also:benefice, whose sole right of any importance was an hereditary one of presenting a
See also:parson to the bishop for institution . In this way the hereditary right of presentation to a benefice came to be called in English an "
See also:advowson " (advocatio) . The advocatus played a more important
See also:part in the feudal polity of the Empire and of the Low Countries than in France, where his functions, confined to the protection of the interests of religious houses, were superseded from the 13th century on-wards by the growth of the central power and the increasing efficiency of the royal administration . They had, indeed, long ceased to be effective for their
See also:original purpose; and from the
See also:time when their office became a fief they had taken
See also:advantage of their position to pillage and suppress those whom, it was their function to defend .
See also:medieval records, not in France only, are full of complaints by abbots of their usurpations,. exactions and acts of violence . In Germany the title of advocatus (Vogt) was given not only to the advocati of churches and abbeys, but to the officials appointed, from early in the middle ages, by the The emperor to administer their immediate domains, in German Vogt. contradistinction to the
See also:counts, who had become hereditary princes of the Empire . The territory so administered was known as
See also:Vogtland (terra advocatorum), a name still sometimes employed to designate the
See also:strip of
See also:country which embraces the principalities of Reuss and adjacent portions of Saxony, Prussia and
See also:Bavaria . These imperial advocati tended in their turn to become hereditary . Sometimes the emperor himself assumed the title of Vogt of some particular part of his immediate domain . In the
See also:Netherlands as well as in Germany advocati were often appointed in the cities, by the overlord or by the emperor, sometimes to take the place of the
See also:bailiff (Ger . Schultheiss, Dutch schout;
See also:Lat. scultetus), some-times alongside this official . See Du Cange, Glossarium (ed . 1,883,
See also:Niort), s . " Advocati "; A . Luchaire,
See also:des institutions francaises (
See also:Paris, 1892) ; Herzog-Hauck, Realencyklopadie (ed .
See also:Leipzig, 1896), s .
" Advocatus ecclesiae," where further references will be found .
ADVICE (Fr. avis, from Lat. ad, to, and visum, view...
FACULTY OF ADVOCATES
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