Page:Cyclopaedia, Chambers - Volume 1.djvu/83

 A D V

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A D V

Adultery is alfo ufed by fome fanciful Afironomers and Advocate of a City, or Town, is a Magiftrate eflablifh-

Aftrologers, for an Eclipfe of the Sun, or Moon ; happening ed in feveral Places of Germany, for the Admimrtration of

in an urmfual, and as they fuppofe, irregular manner : as in Juftice in that City, in the Emperor's Name. See Advowee;

the Cafe of horizontal Ecliples ; where, tho the Sun and Advocate of a Church, or Ecclefiaflical Advocate, a

Moon be diametrically oppofite, yet they appear as if above Ferfon to whom it antiently beiong'd, to defend the Rights

the Horizon, by reafon of the Refradion. See Eclipse, and Interefls of a Church, boih in a Legal and a Military

Refraction £5?c. Capacity, more ufually called Advouee, qt Avowee. See

ADVOCATE, Advocatus, among the Romans, a Per- Advowee. ^

fon fkill'd in their Law, and who undertook the Defence of The Word Advocatus or Advowee is ftill retained, for

Caufes at the Bar. See Law.

The Word is compounded 0$ ad, and voce, q. d. I call to my aid, or defence.

The Roman Advocates anfwer'd to one Part of the Office of a Lawyer among us, viz. the Pleading Part; for as to the giving Counfel, they never meddled with it : that be- ing the Bufinefs of the Juris-confulti. See Jurisconsultus.

what we ufually call the c Patron, or he who has the Ad- vowfon, or Right of Prefentation in his own Name, See Patron, Advowson, Presentation, tS>c.

The Monafleries had alfo their Advocates, or Advowees. See Momastery, £5?c.

ADVOCATIONE Decimarum, a Writ which lies for the Claim of the fourth Parr, or upward, of the Tithes that

The Romans, in the firft Ages of their State, held the belong to any Church. See Tithe.

Profeffion of an Advocate in gteat honour; and the Seats of ADVOW, or Avow, Advocare, in Law, to juflify or

their Bar were crouded with Senators and Confuls ; they, maintain an A£t formerly done.

whofe Voices commanded the People, thinking it an Ho- Thus, if one take a Diftrefs for Rent, or other things and

nour to be employ'd in defending them. he that is diftrained fues a Replevin ; the Diftraincr, jufti-

They were ityled Comites, Honorati, Clariffimi, and even fying or maintaining the Acl, is faid to avow. See Dis-

'Patroni ; as if their Clients were not lefs oblig'd to them, tress, Replevy, &c.

than Freedmen to their Matters. See Patron, and Client. SSraffon ufes the Latin Term Advocare, in the fame Sig-

But the Bar was not then venal. — Thole who afpired to nification ; as, Advocatio diffeijine, L. IV. c. %6. And in

Honours and Offices, took this way of gaining an Intereft in CaJJaneus de Confuet. 'Bur. Advocare is ufed in the like

the People, and always pleaded gratis. Senfe. The Author iaft cited does alfo ufe the Subitantive

But no fooner was Luxury and Corruption brought into ^Defavoha?nentum, for a Difavowing, or refufing to avow. the Commonwealth, than the Bar became a Sharer in them. The original Ufe of the Word was this. — When ftoln 1 — Then it was that the Senators let out their Voices for Goods were bought by one, and fold ro another, it was law- pay, and Zeal and Eloquence were fold to the highefl Bid- fill for the right Owner to take them wherever they were

Jer.- To put a Stop to this Abufe, the Tribune Cincius found 5 and he in whofe Poffeffion they were found, was

procured a Law to be palled, called from him, Lex Cincia ; bound, Advocare, i. e. to produce the Seller to juftify the

where the Advocates were forbid to take any Money of Sale, and fo on till they found the Thief,

their Clients. — Fred. Bnimmerus has publifh'd an ample Afterwards, the Term was applied to any thing which

Comment upon this Law. a Man acknowledg'd to be his own, or done by him ;

It had before been prohibited the Advocates to take any Prefents or Gratuities for their Pleading. — The Emperor Auguflus added a Penalty to it : notwithstanding which, the Advocates play'd their Parts fo well, that the Emperor Claudius thought he did a great thing, when he oblig'd 'era not to take above eight great Sefterces, which are equiva- lent to 3 5 Pounds Sterling, for pleading each Caufe.

Advocate is ftill ufed in Countries where the Civil Law obtains, for thofe who plead and defend the Caufes of tion, &c- Clients trufled to them. See Civil Law. vowson.

In Scotland they have a College, or Faculty of Advocates, There were alfo Advowees -for Cathedrals, Abbics, Mo- 180 in number; appointed to plead in all Actions before nafleries, &c. — Thus, Charlemaign had the Title of Advocate the Lords of Sefllon. They have a Dean, Treafurer, of St. ^Peter's ; King Hugh* of St. Riquier ; and Sollandus

which Senfc, it is mentioned in Fleta, L. I. pars 4. Si vir ipfum in domo fua fujeejwit, nutrierit £5? advocaverit fili- um fintm.

ADVOWEE, or Avowee, or Advocate of a Church, was heretofore the Patron, or Defender of the Rights there- of See Advocate, Patron, &c.

The Word is French, Advoue, or Avov.e, of the Verb Avouer, to avow, own, acknowledge Dependence, Subjec- ■Whence alfo Advowfon. See Avow, and Ad-

Clerks, Examinators, and a Curator of their Library.

By the Articles of the Union, none are to be named or- dinary Lords of Seffion, except thofc who have been Advo- cates, or principal Clerks of Seffion for five Years, £*jc.

In Doctors Commons, the Advocates are ufually called 'Proclors, or 'Procurators. See Proctor, and Procurator.

In France, they have two Kinds of Advocates, /viz. 'Plead- ing Advocates, Avocats Plaid-ants j and Counfel Advocates, Avocats Confultants.

This Dittin&ion was form'd with a View to the two Branches among the Romans, Advocati, and yurifconfulti. —Yet there is this difference, that the Function of the Ju- rifconfulti, who only gave their bare Advice, was of a dif- ferent Kind from that of the Advocati ; being a fort of pri- vate and perpetual Magiftrature, principally under the firft Emperors ; as, on the other hand, the Advocati never be- came furifconfulti. Whereas in France, after the Advo-

mentions fome Letters of Pope Nicholas, by which he con- flicted King Edward the Confeffbr, and his Succeflbrs, Advocates of the Monaflery at Weftminfter, and of all the Churches in England.

Thefe Advowees were the Guardians, Protectors, and, as it were, Adminillrators of the temporal Concerns of the Churches, l$c. and under their Authority, were pafs'd all Contracts which related thereto. See Guardian, &c.

It appears alfo, from the moft anticnt Charters, that the Donations made to Churches, were conferr'd on the Perfons of the Advowees.' — They always pleaded the Caufes of the Churches in Court, and diftributed Juftice for them, in the

Places under their Jurifdi&ion. They alfo commanded

the Forces furnifh'd by their Monasteries, &c. for the War 3 and even were their Champions, and flood Duels for them. See Combat, Duel, ana Champion.

This Ofrice is faid to have been firft introdue'd in the

cates have attain'd to Reputation and Experience enough at IVth Century, in the Time of Stilico ; tho the Benedic-

the Bar, they quit fo bufy a Province, and become as it tines don't fix its Origin before the VTIIth Century. Aci.

were Chamber Council. Santl. Benedifi. S. III. P. 1. Prief. p. 91, &c.

They have alfo their Advocate General, and King's Ad- By degrees, Men of the firfl Rank were brought into it,

vacate, Avocat du Roy. as it was found neceflary, either to defend with Arms, or to

Lord Advocate, in Scotland, is one of the Officers of protect with Power and Authority.- In fome Monafleries

State, whofe Bufinefs is to give his Advice about the mak- they were called Conservators ; but thefe, without the Name,

ing and executing of Laws ; to defend the King's Right, and Intereft in all publick Meetings ; to profecute all Capi- tal Crimes before the Jufticiary ; and concur in all Purfuits before Sovereign Courts for Breaches of the Peace; and al- fo in all Matters wherein the King, or his Donator, has In- tereft. — He intents no Procefies of Treafon, except by War- rant of Privy Council.

The Lord Advocate is fometimes an ordinary Lord of Sef-

had all the fame Functions with Advowees. See Conser- vator.

There were alfo fometimes feveral Sub-Advowees, or Sub- Advocates in each Monaflery, who officiated inflead of the Advowees themfelves ; which, however, proved the Ruin of Monafleries 5 thofe inferior Officers running into great Abufes.

Hence, Husbands, Tutors, and every Perfon in general,

fion ; in which Cafe, he only pleads in the King's Caufes : who took upon him the Defence of another, were alfo called

othcrwife, he is at liberty to plead in all Caufes. Advowees, or Advocates. — Hence feveral Cities, alfo, had

Fifcal Advocate, Fifci Advocatus, was an Officer in- their Advowees ; which were eftablifh'd long after the Ec-

flituted by the Emperor Adrian, to defend the Caufe, and clefiaflical ones, and doubtlefs from their Example. — Thus,

Interefls of the Fifcus, or private Treafury; in the feveral we read in Hiflory of the Advowees of Augsburg* of Ar-

Tribunals where that might be concem'd. See Fiscus. res, &c.

Co?ijiftcrial Advocate, is an Officer of the Court of The Vidames aflumed the Quality of Advowees ; and

Rome, whofe Office is to plead upon the Oppofitions made hence it is, that feveral Hiftorians of the VIII th Century,

to the Provifions of Benefices in that Court. See Provi- confound the two Functions together. See Vidame.

siON, They are ten in number.

And