Page:Encyclopædia Britannica, Ninth Edition, v. 1.djvu/194

Rh 178 A D V A D V pamphlet and an expensive book. Previous to 1833 the duty on each advertisement was 3s. Gd. in Great Britain, and 2s. Gd. in Ireland; in that year it was reduced to Is. Gd. in Great Britain, and Is. in Ireland. In 1832 (the last year of the high duty) the total number of newspaper advertisements in the U. K. was 921,943: viz., 787,649 in England, 108,914 in Scotland, and 125,380 in Ireland; the amount of duty paid in that year being 172,570. In 1841 the number of advertisements had increased to 1,778,957: viz., 1,386,625 for England, 188,189 for Scotland, and 204,143 for Ireland; and the total duty paid amounted to 128,318. In 1851 the amount of duty rose to 175,094, 10s. 8d.; being for England 142,365, 3s. Gd.; Scotland, 19,940, 11s.; Ireland, 12,788, 16s. 2d. Incompliance with the all but unanimous voice of the public, this duty was abolished in 1853; since which time the system of advertising has increased to an unprecedented extent, in consequence of the low rate at which short advertisements are now inserted. To advertise advantageously requires both experience and judgment; without a knowledge of the character and circulation of the public journals, much expenditure may be wasted by advertising in papers that have either a limited or inappropriate circulation. The sale of some commodities (such as quack medicines) depends almost wholly on advertising, of which it has been said that if the vender has the courage to continue advertising to the extent of 20,000, he will make his fortune by a drug thoroughly worthless. Advertising cften falls dispro portionately on books, as it is necessary that new publica-- tions should be freely advertised. On small low-priced books the expense is particularly heavy, an advertisement of a one shilling book costing as much as one selling at twenty shillings. From this, and their generally ephe meral character, it may be said that ninety-nine out of a hundred pamphlets are published at a loss. Interesting information on the subject of advertisements will be found in an article in the Edwhurgh Review for 1st Feb. 1843, &quot;On the Advertising System,&quot; and in the Quarterly Review for June 1855, &quot; On the Rise and Pro gress of Advertisements, from the establishment of the Newspaper Press of this Country till the Present Time.&quot; In the latter article it is stated that the first advertisement occurs in the Mercurius Politicus for Jan. 1652, the sub ject of the advertisement being a heroic poem of congratula tion on Cromwell s victories in Ireland. A writer in Notes and Queries for July G, 1872, has found two examples of advertisements previous to that date, which occur in the Mercurius Elencticus of Oct. 1648. See also The Neivs- paper Press, by James Grant (2 vols., 1871), and the article NEWSPAPERS. ADVOCATE (from the Latin aduocatus), a lawyer author ised to plead the causes of litigants in courts of law. The word is used technically in Scotland in a sense virtually equivalent to the English term barrister; and a deriva tive from the same Latin source is so used in most of the countries of Europe where the civil law is in force. The advo- catus of the Romans meant, as the word implies, a person whose assistance was called in or invoked. The word is not often used among the earlier jurists, and appears not to have had a strict meaning. It is not always associated with legal proceedings, and might apparently be applied to a supporter or coadjutor in the pursuit of any desired ob ject. When it came to be applied with a more specific limitation to legal services, the position of the advocatus was still uncertain. It was different from, and evidently inferior to, that of the Juris-consultus, who gave his opinion and advice in questions of law, and may be identified with the consulting counsel of the present day. Nor is the merely professional advocate to be confounded with the more distinguished orator, or 2&amp;gt;atronus, who came forward in the guise of the disinterested vindicator of justice. This distinction, however, appears to have arisen in later times, when the profession became mercenary. By the lex Cincia, passed about two centuries before Christ, and subsequently renewed, the acceptance of remuneration for professional assistance in lawsuits was prohibited. Tliis law, like all others of the kind, was evaded. The skilful debater was propitiated with a present ; and though he could not sue for the value of his services, it was ruled that any honor arium so given could not be demanded back, even though he died before the anticipated service was performed. The traces of this evasion of a law may be found in the existing practice of rewarding counsel by fees in anticipation of services. In the Justinian collection we find that legal provision had been made for the remuneration of advo cates. (Dig. lib. 50, tit. 12, 10-13 ; Brissonius, l)e Sig. Verb. ; Heineccius ad Pand. lib. iii. tit. 1.) The advocatus fisci, or fiscal advocate, was an officer whose function, like that of a solicitor of taxes at the present day, was connected with the collection of the revenue. (See generally on this subject Forsyth s Hortensius, London, 1849.) The term advocate is of frequent use in the chron icles, capitularies, chartularies, and other records of eccle siastical matters, during the Middle Ages. (See Du Gauge, s.v. Advocati Ecclesiarum, who affords a profuse supply of references to authorities.) The term was applied in the primitive church to those who defended the Christians against malignants or persecutors. As the church waxed rich and powerful, its temporal supporters assumed a more important position. The advocate, defender, or patron, was of a temporal rank, corresponding to the power of the ec clesiastical body who sought his advocacy. Princes sought the distinction from Rome ; and it was as a relic of the practice of propitiating temporal sovereigns by desiring their protection that Henry VIII. received his title of &quot; Defender of the Faith.&quot; The office of advocate to any of the great religious houses, possessed of vast wealth, was one of dig nity and emolument, generally held by some feudal lord of power and influence. This kind of protection, however, was sometimes oppressive. In the authorities quoted by Du Cange we find that, so early as the 12th century, the advo cates were accused of rapine and extortion ; and by a capi tulary of the popedom of Innocent III. they are prohibited from taking and usurping rewards and privileges beyond use and wont. The office at length assumed a fixed character in its powers and emoluments ; and it became the practice for the founders of churches and other ecclesiastical endow ments to reserve the office of advocate to themselves and their representatives. The term advocate was subsequently superseded by the word patron ; but a relic of it still exists in the term advowson, and the word advowee, which is the form in which the Latin advocatus found its way into the technicalities of English law. Until lately, advocate was the proper designation of legal practitioners in the Pro bate and Admiralty courts, and still is the name given to those who practise in what remains of ecclesiastical courts. In France, corporations or faculties of avocats were at tached to the parliaments and other tribunals. They formed, before the revolution, a part of the extensive and powerful body commonly called the nobility of the robe. It was not necessary that the avocat should be born noble, and his professional rank was little respected by the hereditary aristocracy ; but as a middle rank, possessed of great powers and privileges, which it jealously guarded, the profession acquired great influence. In the Encyclopedic Methodigitc, the avocat is called &quot; the tutelary genius of the repose of families, the friend of man, his guide and protector.&quot; The avocats, as a body, were reorganised under the empire by a decree of 15th December 1810. (See Camus, Lcttres svr la Profession d Advocat ; A. Young, The French Jjar.) In