ADVOCATE. An assistant; adviser ; a pleader of causes.
Derived front advocate, to summon to one's as sistance; advocatus originally signified an assistant or helper of any kind, even an accomplice in the commission of a crime; Cicero, Pro Ccecina, c. 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 signification.
In Scotch and Ecclesiastical Law. An offi cer 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, liabili ties, and privileges, the same rules apply mutatis mutandis to advocates as to counsel lors. See COUNSELLOR.
In the English ecclesiastical and admiralty courts, advocates had the exclusive right of acting as counsel. They were incorporated (8 Geo. III.) under the title of "The College of Doctors of Law Exercent in the Ecclesi astical and Admiralty Courts." In 1857, on the creation of the new court of probate and matrimonial causes, this college was empow ered to surrender its charter and sell its real estate.
In Scotland all barristers are called advo cates.
Lord Advocate.—An officer in Scotland ap pointed by the crown, during pleasure, to take care of the king's interest before the courts of session, justiciary, and exchequer. AU actions that concern the king's interest, civil or criminal, must be carried on with concourse of the lord advocate. He also dis charges the duties of public prosecutor, ei ther in person or by one of his four deputies, who are called advocates-depute. Indict ments for crimes must be in his name as ac cuser. He supervises the proceedings in im
portant criminal cases, and has the right to appear in all such cases. He is, in fact, sec retary of state for Scotland, and his princi pal 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 Advocates.—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.
Queen's Advocate.—A member of the Col lege of Advocates, appointed by letters pat ent to advise the crown on questions of civil, canon, and ecclesiastical law. He takes pre cedence next after the solicitor general.
Church or Ecclesiastical Advocates.— Pleaders appointed by the church to main tain its rights.
In Ecclesiastical Law. A patron of a liv ing ; one who has the advowson, advocatio. Tech. Diet.; Ayliffe, Par. 53; pane, Abr. c. 81, § 20; Erskine, Inst. 79, 9.
Those persons whom we now call patrons of churches, and who reserved to themselves and their heirs a license to present on any avoidance. The term originally belonged to the founders of churches and convents and their heirs, who were bound to protect their churches as well as to nominate or present to them. But when the patrons grew negli gent of their duty or were not of ability or interest in the courts of justice, then the religious began to retain advocates, to solicit prosecute their causes. Spelm.; Jacob, Law Dict.
A person admitted by the Archbishop of Canterbury to practise in the court of arches in the same manner as barristers in the com mon law courts. Rap. & Law. Law Dict.