66 per cent. If the duty were abo- | drawn upon him, with the particulars of date, &c., to whom payable, &c., and lished, the minimum price of advertisements would probably be 1s. in all but a few papers. The habit of advertising has, however, been practically discouraged by the former high duty. In our complicated state of society every facility should be given to the only effectual means of informing the public of new improvements, inventions, and other things calculated to promote the public advantage. The yearly number of advertisements in the United States, where no duty on them exists, is said to exceed 10,000,000. Advertisements relating to the administration of the poor law, such as contracts for supplies, elections of officers, &c., are exempt from duty, as are also those relating to the proceedings under bankruptcies and insolvencies. A printed copy of every pamphlet or paper (not a newspaper) containing advertisements must be brought to the Stamp-Office to be entered, and the duty thereon to be paid, under a penalty of 201. (§ 21, 6 & 7 Wm. IV. c. 76). The first English advertisement which can be found, is in the Impartial Intelligencer' for 1649, and relates to stolen horses. In the few papers published from the time of the Restoration to the imposition of the Stamp Duty in 1712, the price of a short advertisement appears seldom to have exceeded a shilling, and to have been sometimes as low as sixpence. (Nichols's Literary Anecdotes, vol. iv.) ADVICE, in its legal signification, has reference only to bills of exchange. The propriety of inserting the words "as per advice," depends on the question whether or not the person on whom the bill is drawn is to expect further directions from the drawer. Bills are sometimes made payable "as per advice;" at other times "without further advice;" and generally without any of these words. In the former case the drawer may not, in the latter he may, pay before he has received advice. Advice, in commercial language, means information given by one merchant or banker to another by letter, in which the party to whom it is addressed is informed of the bills or drafts which have been where. ADVOCATE, from the Latin advocatus. The origin of advocates in Rome was derived from an early institution, by which every head of a patrician house had a number of dependants, who looked up to him as a protector, and in return owed him certain obligations. This was the relation of patron and client (patronus, cliens). As it was one of the principal and most ordinary duties of the patron to explain the law to his client, and to assist him in his suits, the relation was gradually contracted to this extent. In early periods of the Roman republic the profession of an advocate was held in high estimation. It was then the prac tice of advocates to plead gratuitously; and those who aspired to honours and offices in the state took this course to gain popularity and distinction. As the ancient institutions were gradually modified, the services of Roman advocates were se cured by pay. At first it appears that presents of various kinds were given as voluntary acknowledgments of the gratitude of clients for services rendered. These payments, however, gradually assumed the character of debts, and at length became a kind of stipend periodically payable by clients to those persons who devoted themselves to pleading. At length the Tribune M. Cincius, about B.C. 204, procured a law to be passed, called from him Lex Cincia, prohibiting advocates from taking money or gifts for pleading the causes of their clients. In the time of Augustus, this intended prohibition seems to have become inefficient and obsolete; and a Senatus consultum was then passed by which the Cincian law was revived, and advocates were made liable to a penalty of four times the amount of any fee which they received. Notwithstanding these restrictions, the constant tendency was to recur to a pecuniary remuneration; for in the time of the Emperor Claudius we find a law restraining advocates from taking exorbitant fees, and fixing as a maximum the sum of 10,000 sesterces for each cause pleaded, which would be equivalent to about 801. sterling. (Tacit. Ann. xi. 5, 7.) Though the word Advocate is the term now generally used to express a person conversant with the law who manages a plaintiff's or defendant's case in court, this is not exactly the meaning of the Roman work advocatus. The word Advocatus, as the etymology of the word implies (advocare, to call to one's aid), was any person who gave another his aid in any business, as a witness for instance, or otherwise. It was also used in a more restricted sense to signify a person who gave his advice or aid in the management of a cause; but the Advocatus of the republican period was not the modern Advocate. He who made the speech for plaintiff or defendant was termed Orator or Patronus. Ulpian, who wrote in the second century A.D., defines Advocatus to be one who assisted another in the conduct of a suit (Dig. 50, tit. 13); under the Empire indeed we find Advocatus sometimes used as synonymous with Orator. As the word Advocatus must not be confounded with Orator, so neither must Advocatus nor Orator be confounded with Jurisconsultus, whose business it was to know the law and to give opinions on cases. The Emperor Hadrian established an Advocatus Fisci, whose functions were to look after the interests of the Fiscus, or the Imperial revenue. In still later periods these restrictions upon the pecuniary remuneration of advocates, which must always have been liable to evasion, disappeared in practice; and the payment of persons for conducting causes in courts of justice resembled in substance the payment of any other services. In form, however, the fee was merely an honorary consideration (quiddam honorarium), and was generally prenumerated, or paid into the hands of the advocate before the cause was pleaded. It was a rule that, if once paid, the fee could never be recovered, even though the advocate was prevented by death or accident from pleading the cause: and when an advocate was retained by his client at an annual salary (which was lawful and usual), the whole yearly pay ment was due from the moment of the retainer, though the advocate died before the expiration of the year. (Heineccius, Elementa Juris Civilis, p. 132.) Traces of this practice exist in all countries into which the Roman law has been introduced; and are also clearly discernible in the rules and forms respecting fees to counsel at the present day in England. In countries where the Roman law prevails in any degree, the pleaders in courts of justice are still called advocates, but their character and duties vary under different governments. [ADVOCATES, FACULTY OF; and AVOCAT.] Advocates in English courts are usually termed COUNSEL. The Lord Advocate, or King's Advocate, is the principal crown lawyer in Scotland. [ADVOCATE, LORD.] In the middle ages various functionaries bore the title of Advocati. Advocati Ecclesiarum were persons who were appointed to defend the rights and the property of churches by legal proceedings. They were established under the later Empire, and subsequently it was determined, in a council held by Eugenius II., that bishops, abbots, and churches should have Advocati, or, as they were otherwise called, Defensores, from their duty of defending the rights of the church. These Advocati were laymen, and took the place of the earlier officers of the same kind, called Economi, who were those ecclesiastics to whom was in trusted the care of church property. In course of time the office of Advocatus Ecclesiarum was conferred on powerful nobles, whose protection the church wished to secure. Charlemagne was chosen Advocatus by the Romans, to defend the Church of St. Peter against the Lombard kings of Italy. Pepin is styled, in a document of A.D. 761, King of the Franks and Roman Defender (Defensor Romanus). The title of Advocate of St. Peter was given to the Emperor Henry II.; and Frederick I. was called Defender of the Holy Roman Church. The business of these Advocati was originally to defend the rights of a church or religious body in the courts, but they subsequently became judges, and held courts for the vassals of those religious houses whose Advocati they were. They were paid by a third part of the fines; the other two-thirds went to the church for whom they acted. The Advocatus and But circumstances led to still further changes. The nature of the feudal system rendered it necessary for the abbots and heads of churches to hire the military services of others, as the ecclesiastics could not bear arms themselves, and, in order to gain the services of warlike chiefs, they granted to them lands to hold as fiefs of the church. This practice of enfeoffing advocates with church property was of high antiquity, at least as early as A.D. 652. The advocates did homage for the church lands which they held. The subject of the advocates of churches is treated by Du Cange with great fullness and clearness. his train, while making their judicial cir- | ants, either directs the case to be prosecuit, were entitled to various allowances cuted at his own instance before the suof food. The advocati had great oppor-perior court, or leaves it to the conduct tunities of extending their privileges, of the procurator fiscal in the inferior which they did not neglect, and the re- court. The origin of this office is not cords of the middle ages abound in com- distinctly known. The prosecution of all plaints of their rapacity and oppression, offences at the instance of the crown, apwhich were stopped by the princes' deter- pears to have gradually arisen out of two mining the amount to which they were separate sources: the one, the prosecution entitled for their services. of state offences; the other, an inquiry, for behoof of the crown, into the extent of the feudal forfeitures arising from offences. A public prosecutor is alluded to in statute law so early as the year 1436; and by the Act 1587, c. 77, it is enacted "That the thesaurer and advocate persew slaughters and utheris crimes, althoucht the parties be silent, or wald utherwayes privily agree." It is now so thoroughly fixed a principle that the Lord Advocate is the prosecutor for the public interest of all offenders, that when a private party prosecutes, it is the practice that he shall obtain the concurrence of the Lord Advocate. It has been maintained that this concurrence is not necessary, and, on the other hand, that when required, the Lord Advocate can be compelled to give it: but these questions have not been anthoritatively settled, as in practice the consent is never refused. The Lord Advocate sat in the Scottish Parliament in virtue of his office, as one of the officers of state. He is usually in the commission of the peace and it is perhaps owing to the circumstance of his thus being a magistrate, that it is said he can issue warrants for the apprehension of accused persons. This is usually called one of the funetions of his office, but its existence may be questioned; and the Lord Advocate, like any other party to a cause, never acts as a magistrate in his own person, but obtains such warrants as he may require from the Court of Justiciary. He and his assistants are always members of the ministerial party, and, much to the detriment of the public police business of the country, it is their practice all to resign when there is a change of ministers. When the Duke of Newcastle was in power, the practice of appointing a Secretary of State for Scotland being discontinued, that minister intrusted a great portion of the political business of the One sense of Advocatus remains to be explained, which has reference to the term Advowson. Advocatus is the Patronus who has the right of presenting a person to the ordinary for a vacant benefice. The Patronus is the founder of a church or other ecclesiastical establishment; he is also called Advocatus. The Patronus endowed the church with lands, built it, and gave the ground. ADVOCATE, LORD, is the name given to the principal public prosecutor in Scotland. He is assisted by a SolicitorGeneral and some junior counsel, generally four in number, who are termed Advocates depute. He is understood to have the power of appearing as prosecutor in any court in Scotland, where any person can be tried for an offence, or to appear in any action where the Crown is interested; but it is not usual for him to act in the inferior courts, which have their respective public prosecutors, called procurators fiscal, acting under his instructions. The procurator fiscal generally makes the preliminary inquiries as to crimes committed in his district; and transmitting the papers to the Lord Advocate, that officer, or one of his assist country to the Lord Advocate; and that practice having been continued, the Lord Advocate is virtually secretary of state for Scotland. His duties in this capacity are multifarious, and the extent of his power is not very clearly defined. It is a very general opinion that the administration of criminal justice is injured by this concentration of heterogeneous offices in one man, and that it would be an improvement to throw part of his duties on an under-secretary of state. In 1804, when an inquiry into the conduct of Mr. Hope, as Lord Advocate, was moved for and lost in the House of Commons, that gentleman said, "Cases do occur when nothing but responsibility can enable a Lord Advocate of Scotland firmly and honestly to perform his duty to the public. In the American war, a noble lord, who then filled the situation [Lord Melville], acted on one occasion on this principle, in a way that did him the highest honour. The instance to which I allude was the case of several vessels about to sail from Greenock and Port Patrick to New York and Boston. If these vessels had been permitted to sail, the consequence would have been that a number of British subjects would have been totally lost to this country. What then did the noble lord do? He incurred a grand responsibility: immediately sent orders to the custom-house officers of the ports from which the vessels were to sail, and had them all embargoed." And several similar instances of the exercise of undefined power were adduced on that occasion. By an old act, the person who gives false information of a crime to the Lord Advocate is responsible to the injured party, but the Lord Advocate himself is not responsible; and it is held that he is not bound to name his informant. He does not, in prosecuting for offences, require the intervention of a grand jury, except in prosecutions for high treason, which are conducted according to the English method. ADVOCATES, FACULTY OF. The Faculty of Advocates in Edinburgh constitute the bar of Scotland. It consists of about 400 members. Only a small proportion, however, of these profess to be practising lawyers, and it has become a habit for country gentlemen to acquire the title of Advocate, in preference to taking a degree at the Scottish Universities. The Faculty has no charter, but the privileges of its members have been acknowledged in Acts of Parliament and other public documents. They may plead before any court in Scotland where the intervention of counsel is not prohibited by statute; in the House of Lords, and in parliamentary committees. Their claim to act as counsel is generally admitted in the colonial courts; and in those colonies where the civil law is predominant, such as the Cape of Good Hope and the Mauritius, it is usual for those colonists who wish to hold rank as barristers to become members of the Faculty of Advocates. The only credential which it is necessary for a candidate for admission to the Faculty to produce is evidence of his having passed his twentieth year. On making his application, he is remitted to the committee of examinators on the civil law, who examine him on Justinian's Institutes, and require him to translate ad aperturam a passage in the Pandects. After the lapse of a year he is examined in Scottish law. He then passes the ordeal of printing and defending Theses on a title of the Pandects after the method formerly followed in the Universities, and still preserved in some of them. Faculty have a collection of these Theses, commencing with the year 1693. The impugnment is now a mere form. Being admitted by ballot by those members of Faculty who attend the impugnment, the candidate, on taking the oaths, receives an act of admission from the Court of Session. The expense of becoming a member of the Faculty, including stamp duty, subscription to the widows' fund, the cost of printing the Theses, and the subscription to the library, amounts to about 3501. The Faculty choose a dean or chairman by an annual vote. The Dean of Faculty and the two crown lawyers, the Lord Advocate and Solicitor-General, are the only persons who take precedence at the Scottish bar, independent of seniority. The Lord Advocate and the Solicitor-General are the only members of the Faculty who wear silk gowns and sit within the bar. The land, is the name of a process by which an action may be carried from an inferior to a superior court before final judgment in the former. Advocations are regulated by the 1 & 2 Vict. c. 86. ADVOWSON is the right of presenting a fit person to the bishop, to be by him instituted to a certain benefice within the diocese, which has become vacant. The person enjoying this right is called the patron (patronus, advocatus) of the church, and the right is termed, in law Latin, an advowson (advocatio), because the patron is bound to advocate or protect the rights of the church, and of the incumbent whom he has presented. [ADVOCATE.] ADVOCATION in the Law of Scot- | account of the origin of advowsons and benefices, and it corresponds with many historical records still extant, of which examples may be seen in Selden's History of Tithes. It also explains some circumstances of frequent occurrence in the division of parishes, which might otherwise appear anomalous or unaccountable. Thus the existence of detached portions of parishes, and of extra-parochial precincts, and the variable extent and capricious boundaries of parishes in general, all indicate that they owe their origin rather to accidental and private dotation than to any regular legislative scheme for the ecclesiastical subdivision of the country. Hence, too, it is frequently observable that the boundaries of a parish either coincide with, or have a manifest relation to, manorial limits. The same connexion may, perhaps, have suggested itself to those who have had opportunities of noticing the numerous instances in different parts of England, in which the parochial place of worship is closely contiguous to the ancient mansion of its founder and patron, and within the immediate enclosure of his demesne. As this patronage may be the property of laymen, and is subject to alienation, transmission, and most of the changes incidental to other kinds of property, it would be liable to be misused by the intrusion of improper persons into the church, if the law had not provided a check upon abuse by giving to the bishop a power of rejecting the individual presented, for just cause. The ground of his rejection is, however, not purely discretionary, but is examinable at the instance either of the clergyman presented or of the patron, by process in the ecclesiastical and temporal courts. According to the best authorities, the appointment of the religious instructors of the people within any diocese formerly belonged to the bishop: but when the lord of a manor, or other considerable landowner, was willing to erect a church, and to set apart a sufficient portion of land or tithe for a perpetual endowment, it was the practice for the founder and his heirs to have the right of nominating a person in holy orders to be the officiating minister, as often as a vacancy should occur, while the right of judging of the spiritual and canonical qualification of the nominee was reserved, as before, to the bishop. Thus the patron is properly the founder of a church or other ecclesiastical establishment: he who built the church, gave the ground for it, and endowed it with lands. (Du Cange, Gloss., Advocatus, Patronus.) This seems to be the most satisfactory As an illustration of the respect inculcated in early ages to the patron of a church, we find that the canons of the church permitted him alone to occupy a seat within the chancel or choir, at a time when that part of the building was partitioned off from the nave, and reserved for the exclusive use of the clergy. (Kennett's Paroch. Antiq. Glossary, tit. "Patronus.") An advowson which has been immemorially annexed to a manor or to other land, is called an advowson appendant, and is transmissible by any conveyance which is sufficient to pass the property in the manor or land itself. It may, however, be detached from the manor, and is then termed an advowson in gross, after which it can never be re-annexed so as to become appendant again. An advowson is in the nature of a temporal property and a spiritual trust. In the former view, it is a subject of lawful transfer by sale, by will, or otherwise, and is available to creditors in satisfaction of the debts of the patron. It may be aliened for ever, or for life, or for a |