ADVOCATI

4 definitions found across Law Mind sources

ADVOCATIAuthored
The Law Mind • 729 words
Definition
The plural form of *advocatus*. In Roman law, advocati were pleaders or speakers — persons who appeared in legal proceedings to assist a party, advocate a cause, or otherwise lend influence with a judge. The term originally extended beyond courtroom advocates in the modern sense: any person of standing or persuasion who could aid a litigant, whether through legal argument or personal authority, qualified as an advocatus. In ecclesiastical law, advocati carried a distinct and important meaning. Two principal usages appear: 1. ADVOCATI ECCLESIAE: The patrons of churches — lay or ecclesiastical persons holding the right of advowson — who were entitled to present a candidate to a church living upon vacancy (avoidance). As patrons of a parish or benefice, they held a quasi-protective role over the church's temporal interests, and their title as advocati reflected an ancient duty of defense and sponsorship. 2. LEGAL ADVOCATES OF ECCLESIASTICAL BODIES: As church patrons grew neglectful of their duties or lacked the legal skill or court connections to prosecute causes on behalf of religious institutions, the practice emerged of retaining trained legal advocates — lawyers in the functional sense — to argue ecclesiastical cases. In England, a person admitted by the Archbishop of Canterbury to practice in the Court of Arches occupied this role in a manner analogous to a barrister at common law.
Common Confusion
Advocati is easily conflated with the modern English word "advocate" and with the distinct Roman law term *advocatus* (singular). The confusion matters because the plural form appears in historical sources carrying at least two separate legal meanings that do not map cleanly onto the modern advocate-as-courtroom-lawyer. A researcher encountering *advocati* in a source about church property or benefices is almost certainly reading about patrons and advowson rights, not litigators. The same term in a source about Roman civil procedure refers to the speakers and supporters of parties in legal proceedings.
Why It Matters in Research
The dual meaning of *advocati* is a genuine research trap. Sources touching ecclesiastical law — particularly English ecclesiastical law from the medieval period through the nineteenth century — use *advocati ecclesiae* in the context of advowson, presentation, and the rights of church patrons. Sources on Roman law or civil law jurisdictions use the term for legal pleaders. Conflating these two meanings produces serious misreadings. The shift from patron-protector to retained legal counsel embedded in the ecclesiastical usage is itself historically significant. Bouvier traces how, as lay patrons became unable or unwilling to perform their duty of defending church interests in court, the function migrated to professional advocates. This transition appears in the corpus in sources on advowson, benefices, and the Court of Arches. Researchers working on English ecclesiastical jurisdiction should connect *advocati* to the broader advowson framework. The Court of Arches, the principal appellate court of the Province of Canterbury, had its own bar of admitted advocates — a civil law court requiring civilian practitioners, not common law barristers — and references to *advocati* in that context carry that specialized institutional meaning.
Historical Dictionary Support
Black's and Bouvier's are in agreement on the core dual structure of the term: Roman law pleaders on one side, ecclesiastical patrons and their legal surrogates on the other. Black's gives the cleaner definition of the Roman law sense. Bouvier's supplies the more useful narrative on the ecclesiastical sense, tracing the functional evolution from patron-as-protector to retained legal counsel and citing Spelman and Jacob's Law Dictionary as underlying authorities. Neither source adequately flags for modern researchers the danger of anachronistic reading. The Roman sense of *advocati* as persons of influence — not necessarily trained lawyers — differs meaningfully from the professional advocate of later periods, and neither dictionary emphasizes this gap. Bouvier's treatment of the Archbishop of Canterbury's admission process for practitioners in the Court of Arches is the more practically useful entry for researchers in English ecclesiastical sources.
Jurisdictional Note
The ecclesiastical usage of *advocati ecclesiae* is primarily relevant to English and continental European legal history. In England, the Court of Arches and related ecclesiastical tribunals operated under civil (Roman) law procedure, making the civilian vocabulary of *advocati* applicable there even within a common law jurisdiction. Scottish and Irish ecclesiastical law produced parallel but distinct usage patterns.
Related Terms
Advocatus; Advowson; Patronage (ecclesiastical); Court of Arches; Jus Patronatus; Barrister; Pleader; Proctor; Benefice; Presentation (ecclesiastical); Avoidance
ADVOCATImain
Black's Law Dictionary • 1891
In Roman law. pleaders; speakers. Anciently, any one who lent his aid to a friend, and who was supposed to be able in any way to influence a judge, K was called advocatus. ADVOCATI ECCLESIÆ. A term used in the ecclesiastical law to denote the patrons of churches who presented to the living on L an avoidance. This term was also applied to those who were retained to argue the cases
ADVOCATImain
Bouvier's Law Dictionary • 1928
churches as well as to nominate or present to them. But when the patrons grew negli- gent of their duty or were not of ability or interest in the courts of justice, then the religious began to retain law advocates, to solicit and prosecute their causes. Spelm.; Jacob, Law Dict. A person admitted by the Archbishop of Canterbury to practise in the court of arches in the same manner as barrister in the com- mon law courts. Rap. and Law. Law Dict. ADVOCATI (Lat.). In Roman Law. Patrons; pleaders; speakers. Originally the management of suits at law was undertaken by the patronus for his cliens as a matter of duty arising out of their reciprocal relation. Afterwards it became a profession, and the relation, though a peculiarly confidential one while it lasted, was but temporary, ending with the suit. The profession was governed by very stringent rules: a limited number only were enrolled and allowed to practise in the higher courts-one hundred and fifty before the præfectus prætorio; Dig. 8, 11; Code 2, 7; fifty before the præf. aug. and dux Ægypticus at Alexandria; Dig. 8, 13; etc., etc. The enrolled advocates were called advocati ordinarii. Those not en- rolled were called adv. supernumerarii or extraordinarii, and were allowed to practise in the inferior courts; Dig. 8, 13. From their ranks vacancies in the list of ordinarii were filled; Ibid. The ordinarii were either fiscales, who were appointed by the crown for the management of suits in which the imperial treasury was concerned, and who received a salary from the state; or privati whose business was confined to private causes. The advocati ordinarii were bound to lend their aid to every one applying to them, unless a just ground existed for a refusal; and they could be compelled to untertake the cause of a needy party; 1. 7, C. 2, 6. The supernumerarii were not thus obliged, but, having once undertaken a cause, were bound to prose- cute or defend it with diligence and fidelity. The client must be defended against every person, even the emperor, though the advocati fiscales could not undertake a cause against the fiscus without a special permission; 11. 1 et 2, C. 2,9; unless such cause was their own, or that of their parents, children, or ward; 1, 10, pr. C. 11, D. 3, 1. An advocate must have been at least seventeen years of age; 1. 1, § 8, D. 8, 1; he must not be blind or deaf; 1. 1, §§ 8 et 5, D. 8, 1; he must be of good repute, not convicted of an infamous act; 1. 1, § 8, D. 3,1; he could not be advocate and judge in the same cause; L. 6, pr. C. 2, 6; he could not even be a judge in a suit in which he had been engaged as advocate; 1. 17, D. 2, 1; 1. 14, C. 1, 51; nor after being appointed judge could he practise as advocate even in another court; 1. 14, pr. C. 1, 51; nor could he be a witness in the cause in which he wasacting as advocate; 1. ult. D. 22, 5; 22 Glück, Pand. p. 161, et seq. He was bound to bestow the utmost care and attention upon the cause, nihil studii reliquentes, quod sibi possibile est; 1. 14, § 1, C. 8, 1. He was liable to his client for damages caused in any way by his fault; 5 Glück, Pand. 110. If he had signed the concepit, he was responsible that it con- tained no matter punishable or improper; Boehmer, Cons. et Decis. t. ii. p. 1, resp. cviii. no. 5. He must clearly and correctly explain the law to his clients, and honestly warn them against transgression or neglect thereof. He must frankly inform them of the lawfulness or unlawfulness of their cause of action, and must be especially careful not to undertake a cause clearly un- just, or to let himself be used as an instru- ment of chicanery, malice, or other unlaw- ful action; 1. 6, §§ 8, 4, C. 2,6; 1. 18, § 9; L 14, § 1, C. 8, 1. In pleading, he must ab- stain from invectives against the judge, the opposite party or his advocate; 1. 6, § 1, С. 2,6. Should it become necessary or advan- tageous to mention unpleasant truths, this must be done with the utmost forbearance, and in the most moderate language; 5 Glück,
advocatinoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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plural of advocatus.

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