Blacks Law Dict. 1st ed

ADVOCATIA 46 9,1; Id. 2, 7,13. Answering, in some meas ure, to the king's counsel in English law. 3 Bl. Comm. 27. ADVOCATIA. In the civil law. The quality, function, privilege, or territorial ju risdiction of an advocate. ADVOCATION. In Scotch law. A process by which an action may be carried from an inferior to a superior court before final judgment in the former. ADVOCATIONE DECIMARUM. A writ which lay for tithes, demanding the fourth part or upwards, that belonged to any church. ADVOCATOR. In old practice. One who called on or vouched another to warrant a title; a voucher. Advocatus; the person called on, or vouched; a vouchee. Spelman; Townsh. PI. 45. In Scotch practice. An appellant. 1 Broun, R. 67. ADVOCATUS. In the civil law. An ad vocate; one who managed or assisted in man aging another's cause before a judicial tri bunal. Called also "patronus." Cod. 2,7, 14. But distinguished from causidicus. Id. 2, 6, 6. ADVOCATUS DIABOLI. The devil's advocate; the advocate who argues against the canonization of a saint. Advocatus est, ad quern pertinet jus advocationis alicujus ecclesiee, ut ad ec olesiam, nomine proprio, non alieno, pos sit prsesentare. A patron is he to whom appertains the right of presentation to a church, in such a manner that he may pre sent to such a church in his own name, and not in the name of another. Co. Litt. 119. ADVOWEE, or AVOWEE. The per son or patron who has a right to present to a benefice. Fleta, lib. 5, c. 14. ADVOWEE PARAMOUNT. The sov ereign, or highest patron. ADVOWSON. In English ecclesiastical law. The right of presentation to a church or ecclesiastical benefice; the right of pre senting a fit person to the bishop, to be by him admitted and instituted to a certain benefice within the diocese, which has be come vacant. 2 Bl. Comm. 21; Co. Litt. 1196, 120a. The person enjoying this right is called the "patron" {patronus) of the church, and was formerly termed u advoca~ tut," the advocate or defender, or in En

glish, "advowee," Id.; 1 Crabb, Real Prop, p. 129, § 117. Advowsons are of the following several kinds, viz.: Advowson appendant. An advowson an nexed to a manor, and passing with it, as incident or appendant to it, by a grant of the manor only, without adding any other words. 2 Bl. Comm. 22; Co. Litt. 120, 121; 1 Crabb, Real Prop. p. 130, § 118. Advowson collative. Where the bishop happens himself to be the patron, in which case (presentation being impossible, or un necessary) he does by one act, which is termed "collation," or conferring the bene fice, all that is usually done by the separate acts of presentation and institution. 2 Bl. Comm. 22, 23; 1 Crabb, Real Prop. p. 131, §119. Advowson donative. Where the patron has the right to put his clerk in possession by his mere gift, or deed of donation, with out any presentation to the bishop, or in stitution by him. 2 Bl. Comm. 23; 1 Crabb, Real Prop. p. 131, § 119. Advowson in gross. An advowson sep arated from the manor, and annexed to the person. 2 Bl. Comm. 22; Co. Litt. 120; 1 Crabb, Real Prop. p. 130, § 118; 3 Steph. Comm. 116. Advowson presentative. The usual kind of advowson, where the patron has the right of presentation to the bishop, or ordinary, and moreover to demand of him to institute his clerk, if he finds him canonically quali fied. 2 Bl. Comm. 22; 1 Crabb, Real Prop, p. 131, § 119. ADVOWTRT, or ADVOUTRY. The offense, by an adulteress, of continuing to live with the man with whom she committed the adultery. Cowell; Termes de la Ley. 2EDES. Lat. In the civil law. A house, dwelling, place of habitation, whether in the city or country. Dig. 30,41, 5. In the coun try everything upon the surface of the soil passed under the term "cedes." Da Cange; Calvin. iEDIFICARE. Lat. In civil and old English law. To make or build a house; to erect a building. Dig. 45, 1, 75, 7. iEdiflcare in tuo proprio solo non licet quod alteri noceat. 3 Inst. 201. To build upon your own land what may injure another is not lawful. A proprietor of land has no right to erect an edifice on his own ground, interfering with the due enjoyment

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