ADVOCATE, among the Romans, a person skilled in their law, who undertook the defence of causes at the bar. The Roman advocates answered to one part of the office of a barrister in England, viz. the pleading part; for they never gave counsel, that being the business of the juris-consulti.

The Romans, in the first ages of their state, held the profession of an advocate in great honour; and the seats of their bar were crowded with senators and consuls, they whose voices commanded the people thinking it an honour to be employed in defending them. They were styled comites, honorati, clarissimi, and even patroni ; as if their clients were not less obliged to them than freedmen to their masters. The bar was not at that time venal. Those who aspired to honours and offices took this way of gaining an interest in the people, and always pleaded gratis. But no sooner were luxury and corruption introduced into the commonwealth, than the bar became a sharer in them. Then it was that the senators let out their voices for pay, and zeal and eloquence were sold to the highest bidder. To put a stop to this abuse, the tribune Cincius procured a law to be passed, called from him Lex Cincia, whereby the advocates were forbidden to take any money of their clients. It had before this been prohibited the advocates to take any presents or gratuities for their pleading. The emperor Augustus added a penalty to it; notwithstanding which, the advocates played their part so well, that the emperor Claudius thought it an extraordinary circumstance, when he obliged them not to take above eight great sesterces, which are equivalent to about L.64 sterling, for pleading each cause.

Advocate is still used in countries and courts where the civil law obtains, for those who plead and defend the causes of clients intrusted to them.
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ADVOCATE of a City, in the German polity, a magistrate appointed in the emperor’s name to administer justice.

Advocate is more particularly used in church history for a person appointed to defend the rights and revenues of a church or religious house. The word advocatus, or advowee, is still retained for what we usually call the patron, or he who has the advowson or right of presentation in his own name.

Consistorial Advocates, officers of the consistory at Rome, who plead in all oppositions to the disposal of benefices in that court. They are ten in number.

Elective Advocates, those chosen by the abbot, bishop, or chapter, a particular licence being had from the king or prince for that purpose. The elections were originally made in the presence of the count of the province.

Feudal Advocates. These were of the military kind, who, to make them more zealous for the interest 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 bishop or abbot. These were to lead the vassals of the church to war, not only in private quarrels of the church itself, but in military expeditions for the king’s service, in which they were the standard-bearers of their churches.

Fiscal Advocate, fisci advocatus, in Roman Antiquity, an officer of state under the Roman emperors, who pleaded in all causes wherein the jiscus or private treasury was concerned.

Juridical Advocates, in the middle age, were those who, from attending causes in the court of the comes or count of the province, became judges themselves, and held courts of their vassals thrice a year, under the name of the tria placita generalia. In consideration of this further service, they had a particular allowance of one third part of all fines or mulcts imposed on defaulters, &c. besides a proportion of diet for themselves and servants.

Matricular Advocates were the advocates of the mother or cathedral churches.

Military Advocates, those appointed for the defence of the church, rather by arms and authority than by pleading and eloquence. These were introduced in the times of confusion, when every person was obliged to maintain his own property by force. Bishops and abbots not being permitted to bear arms, and the scholastic or gowned advocates being equally unacquainted with them, recourse was had to knights, noblemen, soldiers, or even to princes.

Nominative Advocates, those appointed by a king or pope. Sometimes the churches petitioned kings, &c. to appoint them an advocate; at other times this was done of their own accord. By some regulations, no person was capable of being elected advocate unless he had an estate in land in the same country.

Regular Advocates, those duly formed and qualified for their profession by a proper course of study, the requisite oath, subscription, licence, &c.

Subordinate Advocates, those appointed by other superior ones, acting under them, and accountable to them. There are various reasons for the creation of these subordinate advocates; as, the superior quality of the principal advocate, his being detained in war, or being involved in other affairs; but chiefly the too great distance of some of the church-lands, and their lying in the dominions of foreign princes.

Supreme Sovereign Advocates were those who had the authority in chief, but acted by deputies or subordinate advocates. These were called also principal, greater, and sometimes general advocates. Such, in many cases, were kings, &c. when they had either been chosen advocates, or became such by being founders or endowers of churches. Princes had also another title to advocateship, some of them pretending to be advocati nati of the churches within their dominions.

Advocates, in the English courts, are more generally called counsel. Faculty of ADVOCATES, in Scotland, a respectable body of lawyers, who plead in all causes before the courts of session, justiciary, and exchequer. They are also entitled to. plead in the house of peers and other supreme courts in England.

A candidate for the office of an advocate undergoes three several trials: the first is in Latin, upon the civil law, and Greek and Roman antiquities; the second, in English, upon the municipal law of Scotland; and, in the third, he is obliged to defend a Latin thesis, which is impugned by three members of the faculty. All this, however, has become very much matter of form. Immediately before putting on the gown, the candidate makes a short Latin speech to the lords, and then takes the oaths to the government and de fideli.

The faculty at present (1829) consists of 324 members. As the profession of an advocate is esteemed the genteelest in Scotland, many gentlemen of fortune become members of the faculty without having any intention of practising at the bar. This circumstance greatly increases their number, gives dignity to the profession, and enriches their library and public fund. It is from this respectable body that all vacancies on the bench are generally supplied.

Lord ADVOCATE, or Kings ADVOCATE, one of the eight great officers of state in Scotland, who as such sat in parliament without election. He is the principal crown lawyer in Scotland. His business is to act as a public prosecutor, and to plead in all causes that concern the crown, but particularly in such as are of a criminal nature. The office of king’s advocate is not very ancient: it seems to have been established about the beginning of the sixteenth century. Originally he had no power to prosecute crimes without the concurrence of a private party; but, in the year 1597, he was empowered to prosecute crimes at his own instance. He has the privilege of pleading in court with his hat on. This privilege was first granted to Sir Thomas Hope, who having three sons lords of session, it was thought indecent that the father .should plead uncovered before the sons, who as judges sat covered.