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Faculty of Advocates

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ADVOCATES, FACULTY OF, in Scotland. The constitution of this body, like the name by which its members are known, was unquestionably derived from France. The pro fession seems to have existed in Scotland from a very early time; and in 1424 (c. 45) a statute was passed for securing the assistance of A. to the poor. The words of the statute are remarkable, and its spirit, when we consider the period. highly creditable to the humanity and enlightenment of the Scotch. " And gif there bee onie pure creature, for faulte of cunning, or dispenses, that cannot, nor may not follow his cause, the king, for the love of God, salt ordaine the judge before quhom the cause snide be determined, to purwey and get a leill and a wise advocate, to follow sik pure creatures causes; and gif sik causes be obteined [gained], the wranger [wrong-doer] sail assyith baith the partie skaithed, and the advocates coastes and travel." This institution has remained with little alteration to the present time (see Poores Rom.). But though existing as a pro fession, the A. of Scotland did not form a faculty or society till the institution of the college of justice (q.v.) in 1502. At first, their number was limited to ten, but there is now no limit. The number on the rolls of the body is about 370; but the number of those who practice does not exceed 120. Even of these a very small fraction live by the practise of the profession. From the improvements which have been made in the sheriff courts, and from other causes, the amount of litigation in the court of session has greatly diminished since the beginning of the present c., and the continued accession of new members to the faculty of A. is to be accounted for only by the fact that the bar is still regarded as the regular avenue to public and official life in Scotland. Two examinations are imposed on candidates for admission, the one in general scholarship, the other in law; the first, however, being dispensed with in ease the intrant shall produce evidence that he is a M.A. of any British university, or that he has attained suet' degree in a foreign

university as, in the opinion of the dean of faculty and his council, affords evidence of the same amount of scholarship as that afforded by the degree of M.A. of a Scottish university. Should no such degree be possessed, an examination takes place before a committee of the faculty, assisted by three or more persons of learning (generally pro fessors in the university of Edinburgh), on the following subjects: 1. Latin; 2. Greek, or (in the intrant's option) any two of the following languages, namely, French, German, Italian, Spanish; 3. Ethical and metaphysical philosophy; 4. Logic, or (in the intrant's option) mathematics. If the intrant he found qualified in general scholarship, he may, after the expiry of a year, go in for his private examination on law. The examinators, however, cannot take him on trial if, during the year before such examination, he have been engaged in any trade, business or profession, either on his own account or as assistant to or in the employment of another. Proof of attendance on the law-classes in the university of Edinburgh is also requisite. An advocate is entitled to plead in every court in Scotland, civil, ecclesiastical, or criminal, superior or inferior; and also before the house of lords. A party may manage his own cause in the court of session (q.v.), so far as oral pleading is concerned, but, with exception of defences, every paper in process must be signed by an advocate. There is a widow's fund belonging to the body, which is also regulated by statute. The supreme judges of Scotland, and principal sheriffs, are always, and the sheriff-substitutes generally, selected from the bar. The fees on admission to the F. of A. are about £340.