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

Advocates, in English courts of law, are of two degrees: barristers and sergeants.

"From both these degrees," observes Mr Justice Blackstone, "some are usually selected to be her Majesty's counsel, learned in the law; the two principal of whom are called her attorney 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 fixed salary) seems to have been Sir Francis North, afterwards lord keeper of the great seal to Charles II. These king's counsel answer in some measure to the advocates of the revenue, adlocuti fisci, among the Romans; for they must not be employed in any cause 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 further, and perhaps was 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 precedence as are assigned in their respective patents: sometimes next after the king's attorney-general, but usually next after his Majesty's counsel then being. These, as well as the queen-consort's attorney and solicitor-general, rank promiscuously with the queen's counsel, and, together with them, sit within the bar of the 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 serjeants and barristers indiscriminately may take upon them the protection and defence of any suitors, whether plaintiff or defendant, who are therefore called their clients, like the dependents upon 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 eel conductio, but as quidam 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 L80 English money. And in order to encourage due freedom of speech in the lawful defence of their clients, and at the same time to give a check to the unscently 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 his client's instructions, although it should reflect upon the reputation of another, and even prove absolutely groundless; but if he mention 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." Before the 9th and 10th Vict., cap. 54, with the exception of appeals from the revising barristers under the 6th and 7th Vict., cap. 18 and 61, serjeants had exclusive audience at the sittings in banc of the Court of Common Pleas. See BARRISTER.