Page:Cyclopaedia, Chambers - Supplement, Volume 1.djvu/53

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Advocates are ufually fuppofed to have a privilege of lying h : yet it is difputed, whether they are allowed to make ufe of falfe colours, tricks, ftratagems, &c. even in behalf of a caufe which they are convinced is good '. Cafuifts Generally deny it. — [» Puffenderff, Jus. Nat. & Gent. °p. 264. ' Bronclmjl. deReg. Jur. p. 218, 220. Aft. Erud. Lipf. an. l6 93 P- 338]

Advocates fay, that their fees are honorarium, non mercenarium- and accordingly, the Advocates of the chief courts of Paris have waved the right of bringing afiions for their fees, piqu- ing themfelves on raking nothing but what is voluntary •>. The German lawyers are Ids delicate ; they pretend not only to a right of adion, but to the preference to all other creditors in the fame caufe, and to a right of retaining their clients writings till the fees are paid <•.—[' Ouvr. des Scav. Mai 1 706 p. 194. Jour, des Scav. T. 49. p. 294. b Aft. Erud. Lipf! an. 1696 p. 65.]

Juridical Advocates, 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 vaflals thrice a year, under the name of the tria placita generalia.

In conlideration of this further fervice, they had a particular allowance of one third part of all fines, or mulcts impofed on defaulters, lie. which was called tertia bannorum pars, tcrtius denarius, tertia pars compofitionum, tertia pars legum, or emendarum, &c. Befides a proportion of diet for them fives and fervants.

Eleclive Advocates, thofe chofen by the abbot, bifliop, or chapter, a particular licence being had from the kin?, or prince for that purpofe. The clefiions were originally made in the prefence of the count of the province.

Nominative Advocates, thofe appointed by a king, or pope. Sometimes the churches petitioned kin»s, &c. to appoint them an Advocate; at other times, this was done of their own accord. By fome regulations, no perfon was capable of being defied Advocate, unlefs he had an eftate in land in the fame county.

Military Advocates, thofe appointed for the defence of the church, rather by arms and authority, than by pleading and eloquence.

Thefe were introduced in the times of confufion, when every perfon was obliged to maintain their own by force ; bifhops and abbots not being permitted to bear arms, and the fcholaftic or gowned Advocates, being equally unac- quainted with them, recourfe was had to knights, noble- men, foldiers, or even to princes.

But the office became greatly abufed, infomuch that from being Advocates, they proved the tyrants and opprefiors of their churches. Hiftory is full of complaints againft them, and of royal regulations, and papal laws for retaining, and keeping them within bounds. They had their fettled fti- pends, and allowances, of provifion, perquihtes, &c. which not contented with, they invaded the church lands them- felves, appropriated many of them to their own ufes, and ■made them hereditary in their families. V. Matth. de Nobil. 1. 2. c. 28. Bibl. Univ. T. 1. p. 97. Du Pin. Bibl. Ecclef. T. 17. p. 242. It. T. 10. p. 13b. Jour, des Scav T. 86. p. 56. Aft. Erud. Lipf. 1683. p. 58. Bibl. Germ. T. 6. p. 163.

Feudal Advocates. Thefe were of the military kind, who, to tie them the firmer to the intereft 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 vaffals of the church to war, not only in private quarrels of the church itfelf ; but in mi- litary expeditions for the kings fervice, in which they were the ftandard-bearers of their churches. Attain. Lex. Milt. Mem. de Trev. 1 7 12. p. 1338.

Supreme or Sovereign Advocates were thofe, who had the authority in chief, but afied by deputies, or fubordinate Ad- vocates. Thefe were alfo called principal, greater, and fome- times general Advocates.— Such in many cafes were kings, &c. when either they had been chofen Advocates, or became fuch by being founders, or endowers of churches.— Thus Charlemaign had the title of Advouee, or Advocate of St. Peter's. And Bolandus mentions fome letters of pope Ni- cholas, by which he conftituted king Edward the confeffor, and his fucceffors, Advocates of the monaflery at Weftmin- fter, and of all the churches in England. Princes had alfo another title to Advocate-Riip, fome of them pretending to be Advocati nati, of the churches within their dominions. The German emperors claimed great authority in the electing of a pope, on account of their quality of Ad- vocate of the univerfal church; a quality which has been much contefted them. V. Nouv. Rep. Lett. T. 13. p 742 Bibl. Anc. Mod. T. 20. p. 215. Aft. Erud. Lipf. 1688. p. 148. Subordinate Advocates, thofe appointed by other fuperior ones afiing under them, and accountable to them. I nele were called by various other names, as Sub-advocates, fro-advecatcs, Pofi-advo:atcs, Vice-advocates, Second Advocates, Sub-detenjores Sub-advocatores, Advocati infeudati, Advocati Jeudales, and minor Advocates.

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There were divers reafons for the creation of thefe fubordi- mK Advocates ■, as, the fuperior quality of the principal Ad- vocate, his being detained in war, or being involved in other affairs ; but chiefly the too great diftance of fome of the church lands, and their lying in the dominions of fo-

' reign princes. On thefe and the like confiderations, they became multiplied to fuch a degree, as grew exceedingly burthenfome to the churches ; there being a feveral Advocate tor almoft every eftate, or farm; inftead of defenders, they proved the fevereft oppreffors. This put the bifhops, lie upon an expedient, which was, by impofing a condition at the time of elefiing an Advocate; that he mould not have the power to appoint a Sub-advocate, without the content ol the church. In the council of Rheims held in 1148, the power of Sub-advocates was totally abrogated

Matricular Advocates were the Advocates of the mother, or cathedral, churches. V. Du Cange, GloiT. Lat in Voc Advocati. T. 1. p. 78. feq.

Regular Advocates, thofe duely formed and ciualified for their profeffion, by a proper courfe of ftudy, the requifite oath, fubfeription, licence, &fV.

ADVOCATIA, in the feudal law, the procuration of fome public bufinefs, committed by a fuperior to his fubftitute Hoteman. de Verb. Feud. Calv. Lex. Jur.

Advocatia is alfo ufed for the patronage and protefiion of a church, college, monaflery, and the like. In which fenfe it amounts to the fame with Advowfon. See Advowson, Cycl.

Advocatia is alfo ufed for the protefiion or defence of lay perfons, eftatcs, ifc. Du Cange, Glolf. Lat. T 1 p 88 Tn. Diet Univ. T. 1. p. 163. in Voc. Avouerie. '

ADVOCATION, Advocatio, in the civil law, the afi of calling another to our aid, relief, or defence. Pitifc. Lex. Ant° T. 1. p. 33. Calv. Lex. Jurid. p. 47. See Advocate! Cycl. and Suppl.

Letters ./Advocation, in the law of Scotland, thofe granted by the Lords of feffion, upon complaint of a perfon fried before an incompetent judge. By thefe letters, the lords of feffion advocate, that is, call that caufe from the incompe- tent judge to themfelves.

If after letters of Advocation are intimated to that judge he yet proceeds, his decree will be null, as given Ibrct'o mandate. Maclenzie, Inffit. B. r. Tit. 2.

ADVOCATURA, in writers of the middle and barbarous age, denotes an inferior kind of jurifdifiion, exercifed by ad- vocates within thediftrifis of their refpefiive churches, Zfc The word is fometimes ufed as fynonymous with Advocatia. Du Cange, GlofT. Lat. T. 1. p. 90.

ADVOWSONS, (C>/.J— Colleges holding mote Advewfins in number, than a moiety of the fellows, are not capable of purchafingrnore ". Grants of Advowfons by papifts are void &. — [» See Stat. 9. Geor. 2. c. 36. Sect. 5. * See Stat 11'. Geor. 2. c. 17. Sect. 5.]

AD X'''i mtUral hiftol 7> alMml = g»'cn tothepalm-treeof theifland of St. Thomas. It is a tall tree, with a thick, bare, upright Item, growing fmgle on its root, ofathinlighttimber,andfullofjuice. T he head of this tree fhoots into a vaft number of branches, which being cut off, or an incifion being made therein, afford a great quantity of fweet juice, which fermentine, fupplies the place of wine, among the Indians. The fruit of this tree is called by the Portuguefe Caryoces and Canojfe ; and by the black natives, Abanga. This fruit is of the lize and fhape of a lemon, and contains a kernel which is good to eat. The fruit itfelf is eat roafted, and the raw kernels are often mixed with mandioc meal, i hefe kernels are fuppofed very cordial. An oil is alfo pre- pared from this fruit, which anfwers the purpofe of oil, or butter, in Europe.

This oil is alfo ufed for anointing flifT, and contrafied parts of the. body. V. Ray, Hift. Plant.

ADYNAMON, among antient phyficians, a kind of weak factitious wine, prepared with muft boiled down with water; to be given patients, to whom genuine wine might be hurtful. The word is originally Greek, «2W,«,, q. d. invalidum, from its want of ftrength. Gorr. Defin. Med. in Voc.

^ECHMALOTARCHA, (Cycl.)— The eaftern Jews had their princes of the. captivity, as the weftern Jews their patriarchs. By the eaftern Jews are meant thofe who are fettled at Ba- bylon, in Chaldaea, Aifyria, Perfia ; and they who dwell in Judsa, Italy, Egypt, and other parts of the Roman empire were called weftern Jews. There was no prince of the cap- tivity before the end of the fecond century. Huna was the firft inverted with this character, about the time above- mentioned : the office continued till the eleventh century. The princes of the captivity had their refidence at Babylon ; there they were inftalled with ceremony, held courts of juftice &c. See more of them in Ba/nage, Hiftoire des luifs, 1 1. c. 4. Calmct, Difi. J

The Jews are ftill faid to have an Mchmalotarcha at Baby- lon, but without the authority of the antient ones ; if fuch an officer be now in being, Prideaux fays, he is no more than their Jlatarcba at Alexandria, their Ethnarch at Antioch, or their Epifcopus Judceorum in England ; that is, the head of their feet in that place, without fword or fceptre, or any 1 N power.