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and pfqiftual magiftrature, principally under the firft empe- 

 rora ; and ihc niJvoir(7li ncvzv hicamc jiirij'ccnfult:. Whereas, 

 on the otlicr hand, in France, after the advocates have at- 

 tained to reputation and experience enough at the bar, they 

 quit fo bufy a province, and become a kind of chambcr- 

 counfel. — 1 hey had alfo their advocate general, and king's 

 advocate, avocat du rcy. 



Advocate, Lord, or Klrs;'s, in Scotland, one of the eight 

 great office! s of ftate, whofe bullnefs is to give his advice 

 about the making and executing of laws ; to defend the 

 king's right and interell in all public meetings ; to profecute 

 all capital crimes before the julliciary ; and to concur in all 

 purfuits before fovereign courts for breaches of the peace ; 

 and alfo in all matters wherein the king, or his donator, 

 has intercft. — He intents no procelTes of trcafon, except by 

 warrant of privy-couiieil. 



1'\\e lord aik'c^ate i^ fometimes an ordinar}- lord of feflion ; 

 in which cafe he only pleads in the king's caufes ; othenvile, 

 he is at liberty to plead in all cauies. 



He is the principal crown-lawyer in Scotland, and has the 

 privilege of wearing his hat when he pleafes in court. The 

 ffffice of iiii^'s advocate is not veiy ancient ; having been 

 cftabllfhed about the beginning of the 1 6th centui-y. He 

 had not originally the power of profeciiting crimes without 

 the concurrence of a private party; but in 1597, he was 

 authorifed to profecute crimes at his own inilance. 



Advocate of a city, or lo'zvn, is a magilhate eftabUflied 

 in feveral places of Germany, for the adminiHration of juf- 

 tice in that city, in the emperor's name. See Advowee. 



Advocate is more particularly ufed, in Church H'ljlory, 

 for a perfon appointed to defend the rights and revenues of a 

 church or religious houfc. 



The word advocalus, or adviwee, is iliU retained, for wTiat 

 we ufually call the patron, or him who has the advowfon, 

 or right of prefentation, in his own name. 



The abbeys and monafteries had alfo all their advocates, 

 or advoivees . See Adminicvlator. 



There are feveral other kinds of advocates ; as 



Advocate, corijijlor'wl, is an officer of the court of 

 Rome, whofe bufmefs it is to plead on the oppofitions made 

 to the PROVISIONS of benefices in that court. There are 

 ten of thefe in number. 



Advocates, eh-cfivc, thofe chofen by the abbot, bifhop, 

 or chapter, a particular licence being had from the kinjr, 

 or prince, for that purpofe. The elections were originally 

 made in the prefence of the count of the province. 



Advocates, feudal, were of the militai-y kind, who, 

 to make them more zealous for the interell of the church, 

 had lands granted them in fee, which they held of the 

 ■church, and did homage, and took an oath of fidelity to 

 the bifhop or abbot. Thefe were to lead the vafTals of the 

 church to war, not only in private quarrels of the church 

 itfelf, but in military expeditions for the king's fervice, in 

 which they were the ftandard-bearers of their churches. 



Au\ oc AT E, ffcal, f/ci Advocatus, was an officer in- 

 ftituted by the emperor Adrian, to defend the caufe and 

 interefts of the riscus, or private treafury, in the feveral 

 tribunals where that might be concerned. 



Advocates, juridical, in the Middle Age, were thofe who 

 from attending caufes in the court of the comes, or count of 

 the province, became judges themfelves, and held courts of 

 their vaffals thrice a year, under the name of the triaplaclta 

 ^eneralia. 



In confideration of this farther fervice, they had a parti- 

 cular allowance of one third part of all fines, or mulfts, 

 impofed on defaulters, &c. which was called tertia lanmrum 

 ^arj, tirtiiu denarius, iertia pars compofitiomim, tertia pars 



hgum, or emendarum, &c. ; befides a proportion of diet fov 

 themfelves and fervants. 



Advocates, matricular, were the advocates of the mo- 

 ther or cathedral churches. 



Advocates, military, thofe appointed for the defenctf 

 of the church, rather by arms and authority, than by plead- 

 ing and eloquence. 



Thefe were ii.troduced in the times of confufion, when 

 evciy pcrion was obliged to maintain their own property by 

 force; bifiiops and abbots not being pennitttd to bear arms, 

 and the fcholaftic or gowned advocates being equally unac- 

 quainted with them, rtcourfe was had to knights, noblemen, 

 foldiers, or even to princes. 



Advocates, nominative, thofe appointed by a king, or 

 pope. Sometimes the churches petitioned kings, &;c. to 

 appoint them an advocate ; at other times this was done of 

 tlieir own accord. By fome regulations, no perfon was ca- 

 pable of being elected advocate, unlefs he had an eftate in 

 land in the fam.e county. 



Advocates, regular, thofe duly formed and qualified for 

 their piotefTion, by a proper courie of Itudy, the rcquiiite 

 oath, tfibfcription, licence, &c. 



Advocates, fulordinate, thofe appointed by other fupe- 

 rior ones, acting under them, and accountable to them. 



Theiv were divers reafons for the creation of thefe fub- 

 ordiuatc advocates : as, the fuperior quality of the principal 

 advocate, his being detained in war, or being involved in 

 other affairs ; but chiefly the too great dlftance of fome of 

 the church lands, and their lying in the dominions of foreign 

 princes. 



A.'OvocxTT.s, fupreme, or fovereign, were thofe who had 

 the authority in chief, but acted by deputies, or fubordinate 

 advocates. Thefe were alfo called principal, greater, and 

 fometimes general advocates. — Such in many cafes were 

 kings, &c. when either they had been chofen advocates, or 

 became fuch by being founders, or cndowers of churches. 

 Princes had alfo another title to advocatefhip, fome of them 

 pretending to be advocali i:ati of the churches within their 

 dominions. 



ADVOCATIA, in the Feudal Laiv, the procuration 

 of fome pubUc bufinefs, committed by a fuperior to his 

 fubftitute. 



Advocatia is alfo ufed for the patronage and proteftion 

 of a church, college, raonatlery, and the like, in which 

 fenfe it amounts to the fame with advowson. 



Advocatia is alfo ufed for the protedlion and defence 

 of lay perfons, eftates, ixc. 



ADVOCATION, Advocatio, in the Civil Law, the 

 aft of calling another to our aid, relief, or defence. 



Advocation, ii/l of, in Scots lazu, a WTiting drawn up 

 in the form of a petition ; whereby a part)', in an aftica 

 before an inferior court, applies to the lupreme court, or 

 Court of Seffion, for calling the aftion from the inferior court 

 before iti'elf. 



Advocation, letters of, in Scots laiv, the decree or war- 

 rant of the Court of Seffion, upon cognizance of the fafts 

 fet forth in the bill, drawn up in the fonn of a fummons, 

 and paffing under the fignet, difcharging the inferior judge, 

 and aU others from farther procedure in the caufe, and advo- 

 cating it to itfelf. 



The grounds upon which thefe letters may be fought, are 

 incompetency, comprehending defeft of jurifdiftion, and 

 reafons for dechiiing competent jurifdiftion, arifing from fuf- 

 picion of the judge, or privilege in the parties ; and iniquitj-, 

 which happens when the judge delays juilice, or pronounces 

 fentence contrary to law. No cauie for a fam below twelve 

 pounds can be advocated from an inferior court to the Court 



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