ADVOCATE. An assistant; adviser; a pleader of causes.
Derived from advocare, to summon to one's as sistanoe, advacatue originally signified an assist ant or helper of • any •kind, even an smoomplioe in the commission of a crime. Cicero, Pro Cacir.a, o. 8; Livy, lib. ii. 55; iii. 47; Tertullian, De Idolatr. cap. xxiii.; Petron. Satyric. cap. xv. Secondarily, it was applied to one called in to assist a party in the conduct of a suit, Inst. 1. 11. D. 50. 13. de extr. cogn. Hence, a pleader, which is its present signi fication.
In Civil and Ecclesiastical Law. An officer of the court, learned in the law, who is engaged by a suitor to maintain or defend his cause. Advocates, like counsellors, have the exclusive privilege of addressing the court either orally or in written pleadings; and, in general, in regard to duties, liabilities, and privileges, the same rules apply mutatis mu, tandis to advocates as to counsellors. See COUNSELLOR.
Lord Advocate.—An officer in Scotland appointed by the crown, during pleasure, to take care of the king's interest before the courts of session, justiciary, and exchequer. All actions that concern the king's interest, civil or criminal, must be carried on with concourse of the lord advocate. He also discharges the duties of public prosecutor, either in person or by one of his four depu ties, who are called advocates-depute. In dictments for crimes must be in his name as accuser. He supervises the proceedings in important criminal cases, and has the right to appear in all such cases. He is, in fact, secretary of state for Scotland, and the prin cipal duties are connected directly with the administration of the government.
Inferior courts have a procurator fiscal, who supplies before them the place of the lord advocate in criminal cases. See 2 Bankt. Inst. 492.
College or Faculty of Advoeates.—A cor porate body in Scotland, consisting of the members of the bar in Edinburgh. A large portion of its members are not active prac titioners, however. 2 Bankt. Inst. 486.
Church or Ecclesiastical Advocates.—Plead
ers appointed by the church to maintain its rights.
In Ecclesiastical Law. A patron of a living; one who has the advowson, advocatio. Tech. Diet.; Ayliffe, Par. 53; Dane, Abr. c. 31, 20; Erskine, Inst. 79. 9.
2. Originally the management of suits at law was undertaken by the patronus for his cliens as a matter of duty arising out of their reciprocal relation. Afterwards it became a profession, and the relation, though a pecu liarly confidential one while it lasted, was but temporary, ending with the suit. The profession was governed by very stringent rules: a limited number only were enrolled and allowed to practise in the higher courts, —one hundred and fifty before the prcefee tus prcetorio, Dig. 8. 11; Code, 2. 7; fifty be before the prat: aug. and this 2Egypticus at Alexandria. Dig. 8. 13. Ibid., &c. &c. The enrolled advocates were called advocati orcli narii. Those not enrolled were called adv. supernumerarii or extraordinarii, and were al lowed to practise in the inferior courts. Dig. 8. 13. Ibid. From their ranks vacancies in the list of ordinarii were filled. Ibid. The ordinarii were either fiscales, who were ap pointed by the crown for the management of suite in which the imperial treasury was con cerned, and who received a salary from the state, or privati, whose business was confined to private causes. The advocati ordinariiwere bound to lend their aid to every one applying to theih, unless a just ground existed for a re fusal; and they could be compelled to under take the cause of a needy party, 1. 7, C. 2, 6. The supernumerarii were not thus obliged, but, having once undertaken a cause, were bound to prosecute or defend it with dili gence and fidelity.
The client must be defended against every person, even the emperor, though the advo cati fiscales could not undertake a cause against the Fiscus without a special permis sion, 11. 1 et 2, C. 2, 9, unless such cause was their own, or that of their parents, children, or ward, 1. 10, pr. C. 11, D. 3, 1.