LORD ADVOCATE OF SCOTLAND. This is the peculiar appellation of the senior standing counsel for the crown in Scotland. The regular series of such officers cannot be carried to an earlier date than the end of the 15th century. Previous to that time, in dictments seem to have been under the superintendence of the clerk of court, or justice clerk [JUSTICE and for pro secutions before the parliament, we find sometimes the chancellor, sometimes the clerk-register, and at other times a speciM counsel for the crown.
The earliest standing "Advocate," and with whom the series pro perly begins, was Sir John de Roe of Mountgreenan, in the county of Ayr, an individual well known both in the politics and literature of his time, and one of the poets commemorated by Dunbar. When the Court of Session was erected, Sir Adam Otterburn of Auldhame was king's advocate, and was not only privileged to plead within the bar, but actually nominated one of the judges of the court. It was from this circumstance he acquired the style of Lord Advocate (Pitcairn's Criminal Trials, Stat. 1687, c. 115.). In 1610, he had the additional style of "Right Honourable." (Act of Sederunt, 17th Nov., 1610.) It was, however, in the time of Sir Thomas Hope (founder of the noble family of Hopetoun, and others) that the office acquired the vast politi cal importance which has in modern times belonged to it This arose not less from the subtle and ambitious charaeter of that famous person, than from the circumstance of the king's removal to the throne of England, and the consequent remoteness of Scotland from the imme diet* seat of goverment.
It is difficult to define the powers and duties of the lord advocate they are said to be Indefinable. The most prominent however is Gut. of public pr eutor ; and in this capacity ho luas, besides the solicitor gresend, four standing deputies of his own appointment, who retie with him on a change of ministry. These deputies assist him in the Court of Jusaiciu7, and are despatched by him to the several circuit of that court to prosecute indictments there. He has also a deputy it the Court of Exchequer; and a deputy or occasional substitute to con duct proeecutions before the sheriff of Edinburgh, or other couuty courts- Every county court has indeed a " procurator fiscal," whom duty it is to sue on behalf of the crown in his county; but that office, is not yet placed on a proper footing, being neither of the bar, no, named by the crown or the lord advocate.