105 



ADVOCATION. 



ADVOWSON. 



106 



increased by means of donations, not from advocates only, but also 

 from other individuals, and from such sums as the faculty, from time 

 to time, placed at the disposal of the curators. Thus then it happened 

 that, although the Advocates' Library, strictly speaking, belonged to 

 the Faculty of Advocates as an exclusive 'body, it still was early con- 

 sidered as a public library, and was open to the public. This charac- 

 teristic has rendered the institution very popular, and at the same time 

 promoted its increase. In the year 1700 the greater part of the col- 

 lection was consumed by fire. During the first nine years after its 

 restoration the library must have increased considerably, since, in the 

 eighth year of Queen Anne's reign, it obtained the privilege of receiving 

 a copy uf every new book which, by chapter 19 of the Acts of Par- 

 liament of that year, was conferred on it, with eight other libraries. 

 Of these, five were Scotch libraries ; and the disproportionate privilege 

 may have originated in the desire of the legislature to grant some 

 kenent to Scotland at the time of the Union. Shortly after the Union 

 with Ireland, the same privilege was granted to two Irish libraries. 

 This privilege has now ceased. 



In Great Britain there are probably only two libraries, namely, the 

 British Museum and the Bodleian, that out-number it. As might be 

 expected, the collection of law books is very large, but far more com- 

 plete in ancient than in modern works. Many important modern 

 works of foreign jurisprudence are still wanting. The historical 

 collection is exceedingly valuable, containing almost every work of 

 importance that has been published in England, France, Italy, Spain, 

 Portugal, Denmark, and Sweden. The collection of Greek and Roman 

 classics i choice and extensive ; the same may be said of that of 

 modern poetry and belle* Itttn* ; there is also a very considerable divinity 

 collection, and one of voyages and travels. Science has, however, been 

 much neglected. There is a collection of MSS., by no means a large 

 one ; several of them are said to be important and available for 

 Scottish history. They are, however, chiefly of local interest. In the 

 year 1825, (about 100 vol. of Icelandic MSS. were purchased from 

 Professor Magnuson of Copenhagen. In the following year, Mr. 

 Krskine, late of Bombay, made a donation to the library of a few 

 \iliuMe Persian and Sanscrit MSS. There are also a few MSS. of 

 Latin classics, but of no great importance. There is a beautiful MS. of 

 the Hebrew Bible, in two large folio volumes : the Pentateuch has, 

 i -I'll* the Original, also the Chaldaic paraphrase. 



The building which contains the Advocates' Library is not only 

 confined, but dark and inconvenient, being distributed in several rooms, 

 for the most part vaults or cellars below the old parliament-house, in 

 which tin; Court of Session is now held. Some of these rooms are 

 completely dark, and lighted by lamps; others have only borrowed 

 light ; and only three are properly lighted. 



The Advocates' Library is governed by five curators, of whom one 

 goes out of office by rotation every year, and one is chosen in his stead 

 from among the body of the Faculty of Advocates. Under the 

 curators there are, a keeper of the library, an assistant keeper, and two 

 or three assistants. When the funds of the Faculty had somewhat 

 increased, by raising the fees of entrants, the Faculty during a con- 

 siderable ]>eriod set apart IOO/. from the fees of each entrant, and 

 placed the amount at the disposal of the curators. The average of 

 entrants each year has been stated to be seventeen, but this number 

 is considerably above the average for many years past ; and thus the 

 annual income of the library at the period here alluded to, along with 

 some additional fees, amounted to 17 SOI. In the year 1728, this 

 system wan altered, and the treasurer of the Faculty was ordered to 

 pay 600/. annually out of the Faculty's income to the curators for the 

 use of the library. This system still continues. 



As to eiitf of accent, there is no public institution in Great Britain, 

 and very few in Europe, managed with greater liberality than the 

 Advocates' Library ; but we ought in candour to admit, that this is a 

 .* imewhat equivocal compliment. It is however surprising that, although 

 it has become almost a sort of bazaar, or a common lounging-place 

 for a number of idle people, the library has suffered very little in con- 

 sequence. Any stranger arriving in Edinburgh is admitted without 

 introduction ; but some introduction is required for habitually resorting 

 to and reading in the library. Even borrowing of books is subject to 

 very slight restriction. Kach advocate enjoys the privilege of borrowing 

 twenty volumes at .1 time ; if he wishes to favour an individual who is 

 Miember of the Faculty of Advocates with the loan of a book, he 

 has only to sign the initials of his name in the journal or receipt-book, 

 as security. As there commonly are about two hundred advocates 

 resitling in Edinburgh, and as they are almost without exception remark- 

 ably liberal in lending books, it is in that city by no means difficult to 

 obtain a free use of a very extensive library. 



While the Court of Session sits, the Advocates' Library opens at nine 

 o'clock in the morning, and shuts at four o'clock, p.m. ; during vacation 

 11 till four. 



A I) VOCATION, in the Law of Scotland, is tli.- prow.-* by which a 

 judgment in an inferior court is brought under the review of the 

 of Session. In giving judgment, the court begins formally by 

 the cause. 



ADVOWSON. The right of presenting a fit person to the bishop 



bj liini imfituted to a certain benefice within his diocese which 



has become vacant. The person enjoying this right is called the 



patron, and thu right h termed an advowsou (advotatio), because the 



I patron is bound to advocate or protect the rights of the Church, and 

 j of the incumbent whom he has presented. 



This patronage might be liable to be misused by the intrusion of 

 improper persons into the Church, so the law has provided a check, by 

 giving to the bishop a power of rejecting the individual presented, for- 

 just cause. The ground of rejection is however not purely dis- 

 cretionary, but is examinable at the instance, either of the clergyman 

 presented, or of the patron, by process in the ecclesiastical and temporal 

 courts. [DUPLEX QUERELA; QCARE IMFEDIT.] 



According to the best authorities, the appointment of the religious 

 instructors within any diocese formerly belonged to the bishop : but 

 when the lord of a mauor, or landowner, erected a church, and set 

 apart land or tithe for an endowment, it was the practice to give to 

 the founder and his heira the right of nominating a person in holy 

 orders to be the minister as often as a vacancy should occur, the right 

 of judging of the spiritual and canonical qualification of the nominee 

 being reserved to the bishop. (Du Conge, ' Gloss.' tits. ' Advocatus," 

 ' Patronus.') 



This seems to be the most satisfactory account of the origin of 

 advowsons and benefices, and it corresponds with many historical 

 records still extant, of which examples may be seen in Selden's 

 ' History of Tithes.' It also serves to explain some circumstances 

 of frequent occurrence in the division of parishes, which might other- 

 wise appear anomalous or unaccountable. Thus the existence of 

 detached portions of parishes, and of extra-parochial precincts, and 

 the variable extent and capricious boundaries of parishes in general, 

 would seem to indicate that they owe their origin rather to accidental 

 and private dotation, than to any regular scheme for the ecclesiastical 

 subdivision of the country. It is observable, that the boundaries of a 

 parish either coincide with, or have a manifest relation to, manorial 

 limits, and numerous instances are to be seen in different parts of 

 England, in which the parochial place of worship is closely contiguous 

 to the ancient mansion of its founder and patron, sometimes within 

 the immediate iuclosure of his demesne. As an illustration of the 

 respect inculcated to the patron, we find also that the canons of the 

 Church permitted him alone to occupy a seat within the chancel or 

 choir, at a time when that part of the building was partitioned off from 

 the nave, and reserved for the exclusive vise of the clergy. (Kennett's 

 ' Paroch. Antiq.' Glossary, tit. ' Patronus.') 



An advowson which has been immemorially annexed to a manor, 

 is called an adroiaon appendant, and is transmissible by any conveyance 

 which is sufficient to pass the property in the manor itself. It may 

 however be detached from the manor, and is then termed an adroumon 

 In yro&i, after which it can never be re-annexed, so as to become 

 appendant again. 



An advowson is regarded by law in the double light of a temporal 

 property, and a spiritual trust. In the former view, it is a subject of 

 transfer by sale, by will, or otherwise, and is available to creditors in 

 satisfaction of the debts of the patron. It may be aliened for ever, 

 for life, or for a term of years ; or the owner may grant one, two, i ir 

 any number of successive rights of presentation on future vacancies, 

 subject always to certain restrictions imposed by the law, for the 

 prevention of corrupt and simoniacal transactions. 



On the other hand, the spiritual trust is guarded and enforced by 

 very jealous provisions. The appointment of a duly qualified incum- 

 bent is secured, as far as the law can secure it, by requiring the 

 sanction of the bishop. And in order to guard against the danger of 

 a corrupt presentation, the immediate right to present is absolutely 

 inalienable, if a vacancy has actually occurred. On a similar principle, 

 a purchase of it during the mortal sickness of the incumbent is equally 

 prohibited. [Smouy.J 



When the patron exercises his patronage, three persons are immedi- 

 ately concerned : the patron, the clergyman presented, or clerk, and the 

 bishop in whose diocese the living is situate, or ordinary. The pre- 

 sentation is usually a writing addressed to the bishop, alleging that the 

 party presenting is the patron of a church which has become vacant, 

 and requesting the bishop to admit, institute, and induct a certain 

 individual into that church, with all its rights and appurtenances. A 

 period of time, limited to twenty-eight days, is allowed to the bishop 

 for examining the candidate, at the expiration of which he is admitted 

 and instituted to the benefice by formal words of institution read to 

 him by the bishop, from an instrument to which the episcopal seal is 

 appended. A mandate is then issued to the archdeacon or other officer 

 to indttft, that is, to put the new incumbent into the actual possession 

 of the church and its appurtenant rights ; and then, and not before, his 

 title as legal parson becomes complete. 



It sometimes happens, that two of the three characters of patron, 

 clerk, and ordinary are united in one person. Thus the bishop may 

 himself be the patron ; in which case presentation being superfluous, 

 institution alone is necessary. The bishop is then technically said to 

 collate to the benefice, and the advowson is said to be collative. 



So the clerk may be patron, in which case he may pray to be 

 admitted by the bishop ; or he may transfer to another the right 

 of presentation, pro MK rice, before the vacancy occurs, and then be 

 presented. 



The patronage and the parsonage are sometimes united in ap- 

 propriation!. Where the advowson, together with the church, its 

 revenues and appurtenances, were in former times conveyed to some 



