in the English courts, are more generally called counsel. See Counsel.
Faculty of ADVOCATES, in Scotland, a respectable body of lawyers, who plead in all causes before the courts of session, judiciary, and exchequer. They are also entitled to plead in the house of peers, and other supreme courts in England.
In the year 1662, the faculty founded a library upon a very extensive plan, suggested by that learned and eminent lawyer Sir George Mackenzie of Rosehaugh, advocate to King Charles II. and King James VII., who enriched it with many valuable books. It has been daily increasing since that time, and now contains not only the best collection of law books in Europe, but a very large and select collection of books in all subjects. Besides, this library contains a great number of original manuscripts, and a vast variety of Jewish, Grecian, Roman, Scots, and English coins and medals.
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. 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 fidei.
The faculty at present consists of above 200 members. As an advocate or lawyer is esteemed the greatest profession in Scotland, many gentlemen of fortune take the degree of advocate, 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 King's 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 16th 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.
BILL OF ADVOCATION, in Scots Law, a writing drawn up in the form of a petition; whereby a party, in an action before an inferior court, applies to the supreme court, or court of session, for calling the action from the inferior court before itself.
Letters of ADVOCATION, in Scots Law, the decree or warrant of the court of session upon cognizance of the facts set forth in the bill, drawn up in the form of a summons, and passing under the signet, discharging the inferior judge and all others from further procedure in the cause, and advocating it to itself.