KFLCC Kingdom Law 2nd Ed.

ADVOOATI ECCLESLE

44

^JDIFIOARE IN TUO

as public prosecutor in any court in Scotland, where any person can be tried for an, offense, or in any action where the crown is interested. Wharton.—Advocate, Queen's. A member of the College of Advocates, appointed by letters patent, whose office is to advise and act as coun sel for the crown in questions of civil, canon, and international law. His rank is next after the solicitor general. ADVOCATI ECCLESIiE. A term used In the ecclesiastical law to denote the pa trons of churches who presented to the liv ing on an avoidance. This term was also ,applied to those who were retained to ar gue the cases of the church. The quality, function, privilege, or territorial jurisdiction of an advocate. ADVOCATION. In Scotch law. A pro cess by which an action may be carried from an inferior to a superior court before final judgment in the former. ADVOCATIONS DECIMAKTJM. 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 war rant 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. An advocate; one who managed or assisted in managing another's cause before a judicial tribunal. Called also "patronus." Cod. 2, 7, 14. But distinguished from causidicus. Id. 2, e, 6. —Advocatus diaboli. In ecclesiastical law. The devil's advocate; the advocate who argues against the canonization of a saint.—Advocati fisei. In the civil law. Advocates of the fisc : or revenue; fiscal advocates, (qui causam fisot egissent.) Cod. 2, 9, 1; Id. 2, 7, 13. Answer ing, in some measure, to the king's counsel in English law. 3 Bl. Comm. 27. Advocatus est, ad quern pertinet jus advocationis alicujus ecclesise, ut ad ec clesiam, nomine proprio, non alieno, possit 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. ADVOUTREE. In old English law. An adulterer. Beaty v. Richardson, 56 S. C. 173, 34 S. B. 73, 46 L. R. A. 517. law. Adultery between parties both of whom were married. Hunter v. U. S., 1 Pin. (Wis.) 91, 39 Am. Dec. 277. Or the offense by an adulteress of continuing to live with ADVOCATIA. In the civil law. ADVOCATUS. In the civil law. ADTOUTRT. In old English

the man with whom she committed the adul tery. Cowell; Termes de la Ley. Some times spelled "advowtry." 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 sovereign, 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 "advoca tus" the advocate or defender, or In Eng lish, "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 in cident 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 colla tive. Where the bishop happens himself to be the patron, in which case (presentation being impossible, or unnecessary) he does by one act, which is termed "collation" or conferring the benefice, 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 pa tron 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 institu tion by him. 2 Bl. Comm. 23; 1 Crabb, Real Prop. p. 131, § 119.—Advowson in gross. An advowson separated from the manor, and annexed to the person. 2 Bl. Oomm. 22; Co. Litt. 120; 1 Crabb, Real Prop. p. 130, § 118; 3 Steph. Comm. 116.—Advowson presenta tive. The usual kind of advowson, where the patron has the right of presentation to the bish op, or ordinary, and moreover to demand of him to institute his clerk, if he finds him canon ically qualified. 2 Bl. Comm. 22; 1 Crabb, Real Prop. p. 131, § 119. .ZBDES. 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" Du Cange; Calvin. In civil and old English law. To make or build a house; to erect a building. Dig. 45, 1, 75, 7. .Xdincare in tuo proprio solo non licet quod alteri noceat. 3 Inst 201. To build upon your own land what may injure an other is not lawful. A proprietor of land has no right to erect an edifice on his own ground, interfering with the due enjoyment of adjoining premises, as by overhanging ADVOWTRY. See ADVOUTBT. .XDIFICARE. Lat