advocacy 64

advocacy. 1. The work or profession of an advocate. 2.

1he act of pleading for or actively supporting a cause
or proposal.
advocare (ad-va-kair-ee), vb. [Law Latin) 1. To advocate,
defend, or protect. 2. To acknowledge or admit openly,
as to acknowledge paternity of a child (advocare
filium).
advocassie (ad-va-ka-see), n. [Law French] Advocacy.
advocata (ad-va-kay-ta), n. [Law Latin] Hist. A patroness;
a woman holding the right to present to a church.
advocate (ad-va-kit), n. (14c) 1. A person who assists,
defends, pleads, or prosecutes for another.
public advocate. An advocate who purports to repre
sent the public at large in matters of public concern,
such as utility rates or environmental quality.
2. Civil & Scots law. A barrister; specif., a member of
the Faculty of Advocates (the Scottish counterpart of
a barrister) or of the Society ofAdvocates in Aberdeen
(a society of solicitors). A member of the Aberdeen
society is designated "advocate in Aberdeen." Cf. BAR
RISTER. 3. Hist. Eccles. law. A person who is trained in
both canon and secular law and can (1) appear in an
ecclesiastical or admiralty court on another's behalf,
and (2) give legal advice . Members of the College of
Advocates (also known as Doctors' Commons) bore
the title ofadvocate. After the dissolution of the College
in 1857, the term became indistinguishably associ
ated with barrister. - advocate (ad-va-kayt), vb.

advocacy (ad-va-b-see), n.
advocate-depute. Scots law. One of a number of advo
cates appointed by the Lord Advocate to prosecute
criminal cases in his or her name.
Advocate General. Scots law. An officer appointed under
the Scotland Act of 1998 to advise the British govern
ment on Scotland and to represent it in court.
advocate of the faith. Eccles. law. Counsel for the pros
ecution in a heresy trial.
advocate's bias. See BIAS.
advocate-witness rule. See LAWYER-WITNESS RULE.
advocati ecclesiae (ad-va-kay-tI e-klee-z[h]ee-ee), n. pl.
[Latin "church advocates"] Hist. Eccles. law. 1. Church
patrons who had a right to present a clerk to a benefice.
See ADVOWSON. 2. Legal advocates retained to argue
cases relating to a church.
advocatio (ad-va-kay-shee-oh), n. [Law Latin] Hist. 1. An
inferior's management of a business for a superior. 2.
The defense ofa religious establishment. 3. ADVOWSON.
4. Civil law. The quality, function, privilege, office, or
service of an advocate; legal assistance.
advocation (ad-va-kay-shan), n. Scots law. The removal
ofa criminal case from a lower court to the High Court
ofJusticiary for verdict.
advocatione decimarum (ad-va-kay-shee-oh-nee des-a
mair-am), n. [Law Latin] Hist. A writ to collect a tithe
belonging to the church.
advocator (ad-voh-kay-tar), n. [Law Latin] Hist. 1. A
person who calls on another to warrant a title. 2. A

warrantor. 3. The patron of a benefice.

advocatus (ad-voh-kay-tas). [Latin "advocate"]!. Roman
law. A legal adviser; a person who assists clients with
cases before judicial tribunals. Cf. CAUSIDICUS. 2. Hist.
The patron 'who has an advowson. Also termed
advowee; avowee. See ADVOWSO:N. 3. Hist. A person
called on by another to warrant a title.
advocatus diaboli (ad-voh-kay-tas dI-ab-a-lr), n. [Latin
"devil's advocate") Eccles. law. An official who argues
against a person's beatification or canonization.
advocatus ecdesiae (ad-va-kay-tas e-klee-z[h]ee-ee).
[Law Latin] Hist. Eccles. law. The patron of a benefice.
advocatusfisci (ad-voh-kay-tas fisk-I). [Latin] Roman
law. An official responsible for representing the emperor
in cases involving the public fisc.
ad voluntatem (ad vol-an-tay-tam), adv. & adj. [Law
Latin] At will.
advoutrer (ad-vow-trar), 11. [Law French] Hist. An adul
terer. Also termed advouter; advouterer; advoutre.
advoutry (ad-vow-tree), 11. [Law French] Hist. Adultery
between two married persons. Also spelled
advowtry.
advowee (ad-vow-ee). A patron who holds an advowson;
ADVOCATUS (2). - Also spelled avowee.
advowee paramount. The sovereign, or highest
patron.
advowson (ad-vow-zan). Eccles. law. Ihe right of pre
senting or nominating a person to a vacant benefice
in the church. The person enjoying this right is

called the "patron" (patron us) of the church, and was

formerly termed "advocatus:' the advocate or defender,
or in English, the "advowee." The patron presents the
nominee to the bishop (or, occasionally, another church
dignitary). If there is no patron, or ifthe patron neglects
to exercise the right within six months, the right lapses
and a title is given to the ordinary (usu. the bishop) to
appoint a cleric to the church. Cf. PRESENTATION (2);
INSTITUTION (5).
"A right of presentation has always been regarded as a
valuable object of a sale, a species of real property which
can be transferred and dealt with generally in the same
way as a fee simple estate in lands .... Thus an advowson
may be conveyed away in fee simple, fee tail, for life or
years, or the conveyance may be limited to the right of
next presentation or of a specified number of future pre
sentations." G.c. Cheshire, Modern Law of Real Property
1l 0 (3d ed. 1933).
"An advowson is the perpetual right of presentation to an
ecclesiastical living. The owner of an advowson is known
as the patron. When a living becomes vacant, as when a
rector or vicar dies or retires, the patron of the living has
a right to nominate the clergyman who shall next hold
the living. Subject to a right of veto on certain specified
grounds, the Bishop is bound to institute (formally appoint)
any duly qualified person presented. This is a relic of the
days when it was common for the lord of a manor to build
and endow a church and in return have the right of patron
age." Robert E. Megarry & P.V. Baker, A Manual of the Law

ofReal Properev 414 (4th ed. 1969). 65 affecting commerce

advowson appendant ("-pen-d,mt). An advowson
annexed to a manor, and passing as incident to it,
whenever the manor is conveyed to another. - The
advowson passes with the manor even ifit is not men
tioned in the grant.
advowson collative (b-Iay-tiv). An advowson for
which there is no separate presentation to the bishop
because the bishop happens to be the patron as well.
In this case, the one act by which the benefice is
conferred is called "collation."
advowson donative (don-..-tiv or doh-n.. -tiv). An
advowson in which the patron has the right to put a
cleric in possession by a mere gift, or deed ofdonation,
without any presentation to the bishop. - This type of
advowson was converted into the advowson presen
tative by the Benefices Act of 1898. Also termed
donative advowson.
"An advowson donative is when the king, or any subject
by his licence, doth found a church or chapel, and ordains
that it shall be merely in the gift or disposal of the patron;
subject to his visitation only, and not to that of the ordinary;
and vested absolutely in the clerk by the patron's deed of
donation, without presentation, institution, or induction.
This is said to have been anciently the only way of con
ferring ecclesiastical benefices in England; the method of
institution by the bishop not being established more early
than the time of archbishop Becket in the reign of Henry
11." 2 William Blackstone, Commentaries on the Laws of

England 23 (1766).
advowson in gross. An advowson that is separated from
the manor and annexed to a person. All advowsons
that have been separated from their original manors
are advowsons in gross.
advowson presentative (pri-zen-t.. -tiv). The usual
kind of advowson, in which the patron has the right
to make the presentation to the bishop and to demand
that the nominee be instituted, if the bishop finds the
nominee canonically qualified.
donative advowson. See advowson donative.
AEA. abbr. See ADMIRALTY EXTENSION ACT.
aedes (ee-deez), n. {Latin] Roman law. A building; esp.,
a temple (aedes sacra).
aedificare (ee-da-fi-kair-ee), vb. [Latin] Roman law. To
erect a building.
aedile (ee-dIl). Roman law. A magistrate charged with
policing the city, managing public buildings and
services, supervising markets, and arranging public
games. Also spelled edile.
aedilitium edictum (ee-d..-lish-ee-am ee-dik-tam). See
edictum aedilicium under EDICTUM.
aegrotus (ee-groh-tas), adj. [Latin] Sick; indisposed by
illness.
aemulationis causa (ee-my..-Iay-shee-oh-nis kaw-za).
[Latin] Hist. For the purpose of rivaling or annoying.
aemulatio vicini (ee-my..-lay-shee-oh vis-i-nee).
[Latin] Scots law. The use ofland in a way injurious to
a neighbor.

aenum. See ordeal by water (2) under ORDEAL.

aequitas (ek-wa-tas oree-kwa-tas), n. [Latin] Roman law.
Equity, as opposed to jus strictum or jus summum.
aequus (ee-kwas), adj. [Latin] Equal; even. _ A provision
in a will, for example, might divide the residuary estate
ex aequis (the adverbial form) among the legatees.
aerarium (i-rair-ee-am), n. [Latin fr. aes "money"]
Roman law. The treasury of the Roman Republic. See
FISCUS.
aes (eez), n. [Latin] Roman law. 1. Copper. 2. Money, of
whatever metal.
aes alienum (eez ay-Iee-ee-nam or al-ee-), n. [Latin
"another's money"] Roman law. Money owed to
another; borrowed money.
aesnecia (ees-neesh-ee-a). [Law Latin] See ESNECY.
aes suum (eez s[y]oo-am), n. [Latin "one's own money"]
Roman law. Money lent to a borrower.
aesthetic functionality. See FUNCTIONALITY.
aesthetic zoning. See ZONING.
aestimatio (es-t..-may-shee-oh). [Latin] Roman law. An
agreement by which the owner ofgoods handed them
over to another person with the understanding that the
other would sell what he could for the most he could
get, paying the owner an agreed price for whatever
goods sold and returning the others. PI. aestimationes
(es-t .. -may-shee-oh-neez).
aetas (ee-tas), n. [Latin] Roman law. Age.
aetas infantiae proxima (ee-tas in-fan-shee-ee prok
sa-m..), n. [Latin] Roman law. The first part of the

period of childhood between infancy (up to 7 years)

and puberty (12 to 14 years); esp., for males, the period
between 7 and 1OY2 years of age. Cf. AETAS PUBERTATI
PROXIMA; PUERITIA.
aetas legitima (ee-tas !;'}-jit-a-ma), n. [Latin] Roman law.
Lawful age.
aetas perfecta (ee-tas par-fek-ta), n. [Latin] Roman law.
Complete age; the age ofmajority.
aetasprima (ee-tas prl-m..), n. [Latin] Roman law. First
age. See INFANTIA.
aetas pubertati proxima (ee-tas pyoo-bar-tay-tI prok
s..-m..), n. [Latin] Roman law. The second period of
childhood, (for males) from 10% to 14 years of age. Cf.
AETAS INFANTIAE PROXIMA; PUERITIA.
aetate probanda (ee-tay-tee proh-ban-da). See DE
AETATE PROBANDA.
AFDC. abbr. AID TO FAMILIES WITH DEPENDENT
CHILDREN.
athl. abbr. Affirmed.
affect, vb. 1. Most generally, to produce an effect on; to
influence in some way. 2. Civil law. To pledge (property
or revenues) as security for a loan; HYPOTHECATE. 3.
Scots law. To seize (debtor's property, etc.).
affectation doctrine. See AFFECTS DOCTRINE.
affecting commerce. (Of an industry, activity, etc.)
touching or concerning business, industry, or trade;