a general sense, signifies advice or instruction how to behave in any difficult matter.

Advocates, in English courts of law, are of two species or degrees; Barristers, and Serjeants. See these articles; also Advocate.

From both these degrees some are usually selected to be his majesty's counsel, learned in the law; the two principal of whom are called his attorney-general, and solicitor-general. The first king's counsel, under the degree of serjeant, was Sir Francis Bacon, who was made so honoris causa, without either patent or fee; so that the first of the modern order (who are now the sworn servants of the crown, with a standing salary) seems to have been Sir Francis North; afterwards lord keeper of the great seal to King Charles II. These king's counsel answer, in some degree, to the advocates of the revenue, advocati fisci, among the Romans. For they must not be employed in any case against the crown without special license; in which restriction they agree with the advocates of the fisc; but, in the imperial law, the prohibition was carried still farther, and perhaps more for the dignity of the sovereign; for, excepting some peculiar causes, the fiscal advocates were not permitted to be at all concerned in private suits between subject and subject. A custom has of late years prevailed, of granting letters patent of precedence to such barristers as the crown thinks proper to honour with that mark of distinction; whereby they are entitled to such rank and praedudence as are assigned in their respective patents; sometimes next after the king's attorney-general, but usually next after his majesty's counsel next being. These, as well as the queen's attorney and solicitor-general, rank promiscuously with the king's counsel; and, together with them, sit within the bar of their respective courts: but receive no salaries, and are not sworn; and therefore are at liberty to be retained in causes against the crown. And all other sergeants and barristers indiscriminately, (except in the court of common pleas, where only sergeants are admitted), may take upon them the protection and defence of any suitors, whether plaintiff or defendant; who are therefore called their clients; like the dependants on the ancient Roman orators. These indeed practised gratis, for honour merely, or at most for the sake of gaining influence; and so likewise it is established with us, that a counsel can maintain no action for his fees; which are given, not as locatio vel conductio, but as quiddam honorarium; not as a salary or hire, but as a mere gratuity, which a counsellor cannot demand without doing wrong to his reputation; as is also laid down with regard to advocates in the civil law, whose honorarium was directed, by a decree of the senate, not to exceed in any case 10,000 sesterces, or about 80l. of English money. And in order to encourage due freedom of speech in the lawful defence of their clients, and at the same time to check the unseemly licentiousness of prostitute and illiberal men (a few of whom may sometimes insinuate themselves even into the most honourable professions), it hath been holden that a counsel is not answerable for any matter by him spoken, relative to the cause in hand, and suggested in the client's instructions; although it should reflect upon the reputation of another, and even prove absolutely groundless; but if he mentions an untruth of his own invention, or even upon instructions, if it be impertinent to the cause in hand, he is then liable to an action from the party injured. And counsel guilty of deceit and collusion are punishable by the statute Westm. I. 3 Edw. I. c. 28. with imprisonment for a year and day, and perpetual silence in the courts: a punishment still sometimes inflicted for gross misdemeanors in practice.