Advocatus
Encyclopedia
An advocatus, or advocate, was generally a medieval
term meaning "lawyer
". The term was also used in continental Europe
as the title of the lay lord
charged with the protection and representation in secular matters of an abbey
, known more fully as an advocatus ecclesiae.
, the churches being allowed to choose defensores from the body of advocates to represent them in the courts. In the Frankish Kingdom, under the Merovingians, these lay representatives of the churches appear as agentes, defensores and advocati; and under the Carolingians it was made obligatory on bishop
s, abbot
s and abbess
es to appoint such officials in every county
where they held property
. The office was not hereditary, the advocatus being chosen, either by the abbot alone, or by the abbot and bishop concurrently with the count
. The same causes that led to the development of the feudal system also affected the advocatus. In times of confusion churches and abbeys needed not so much a legal representative as an armed protector, while as feudal immunities were conceded to the ecclesiastical foundations, these required a representative to defend their rights and to fulfill their secular obligations to the state, such as leading the ecclesiastical levies to war
. A new class of advocatus thus arose, whose office, commonly rewarded by a grant of land, crystallized into a fief, which, like other fiefs, had by the beginning of the 12th century become hereditary.
, the advocati, known as avoués, were of two types. The first included the great baron
s, who held the advocateship (avouerie) of an abbey or abbeys rather as an office than a fief, though they were indemnified for the protection they afforded by a domain
and preach revenues granted by the abbey: thus the "duke of avoué". Normandy
was advocatus of nearly all the abbeys in the duchy
. The second class included the petty lords
who held their advocateships as hereditary fiefs and often as their sole means of subsistence. An abbey's avoid, of this class, corresponded to a bishop's vidame
. Their function was generally to represent the abbot in his capacity as feudal lord, act as his representative in the courts of his superior, exercise secular justice
in the abbot's name in the abbatial court
, and lead the retainers of the abbey to battle under the banner of the patron saint
.
The advocatus played a more important part in the feudal polity of the Empire and of the Low Countries
than in France, where his functions, confined to the protection of the interests of religious houses, were superseded from the 13th century onwards by the growth of central power and the increasing efficiency of royal administration. They had, in effect, long ceased to be effective in their original purpose, and after the advowson became a fief, they took advantage of their position to pillage and suppress those they were supposed to defend. Medieval records are full of complaints from abbots about usurpations, exactions, and acts of violence
committed by the advocati.
(as well as in Germany) advocati were often appointed in the cities, by the overlord or by the emperor, to take the place of the bailiff
(Dutch schout, German Schultheiss) or to stand alongside this official in matters of Law.
, the word advocatus was never used to denote a hereditary representative of an abbot; but in some of the larger abbeys there were hereditary stewards whose functions and privileges were not dissimilar to those of the continental advocati. Instead, the word advocatus, or more commonly avowee, was in constant use in England to denote the patron
of an ecclesiastical benefice
, whose sole right of any importance was a hereditary one of presenting a parson
to the bishop for institution. In this way the hereditary right of presentation to a benefice came to be called in English an advowson
(Lat. advocatio).
, the title of Vogt
(advocatus or "advocate") was given not only to the advocati of churches and abbeys but also, from early in the Middle Ages
, to officials appointed by the Holy Roman
Emperor
to administer lands directly under his dominion
, as opposed to the comital domains, owned by counts who had become hereditary princes of the Empire. The office or territory of a Vogt was a Vogtei
. Land administered by a Vogt could also be known as a Vogtland (terra advocatorum), a name still used to refer to a region, the Vogtland
, that adjoins the principalities of Reuss and adjacent portions of Saxony
, Prussia
and Bavaria
. An imperial
advocateship tended to become hereditary. Sometimes the emperor himself assumed the title of Vogt in application to particular parts of his eminent domain.
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
term meaning "lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
". The term was also used in continental Europe
Continental Europe
Continental Europe, also referred to as mainland Europe or simply the Continent, is the continent of Europe, explicitly excluding European islands....
as the title of the lay lord
Lord
Lord is a title with various meanings. It can denote a prince or a feudal superior . The title today is mostly used in connection with the peerage of the United Kingdom or its predecessor countries, although some users of the title do not themselves hold peerages, and use it 'by courtesy'...
charged with the protection and representation in secular matters of an abbey
Abbey
An abbey is a Catholic monastery or convent, under the authority of an Abbot or an Abbess, who serves as the spiritual father or mother of the community.The term can also refer to an establishment which has long ceased to function as an abbey,...
, known more fully as an advocatus ecclesiae.
Middle Ages
The office is traceable as early as the beginning of the 5th century in the Roman EmpireRoman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
, the churches being allowed to choose defensores from the body of advocates to represent them in the courts. In the Frankish Kingdom, under the Merovingians, these lay representatives of the churches appear as agentes, defensores and advocati; and under the Carolingians it was made obligatory on bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
s, abbot
Abbot
The word abbot, meaning father, is a title given to the head of a monastery in various traditions, including Christianity. The office may also be given as an honorary title to a clergyman who is not actually the head of a monastery...
s and abbess
Abbess
An abbess is the female superior, or mother superior, of a community of nuns, often an abbey....
es to appoint such officials in every county
County
A county is a jurisdiction of local government in certain modern nations. Historically in mainland Europe, the original French term, comté, and its equivalents in other languages denoted a jurisdiction under the sovereignty of a count A county is a jurisdiction of local government in certain...
where they held property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
. The office was not hereditary, the advocatus being chosen, either by the abbot alone, or by the abbot and bishop concurrently with the count
Count
A count or countess is an aristocratic nobleman in European countries. The word count came into English from the French comte, itself from Latin comes—in its accusative comitem—meaning "companion", and later "companion of the emperor, delegate of the emperor". The adjective form of the word is...
. The same causes that led to the development of the feudal system also affected the advocatus. In times of confusion churches and abbeys needed not so much a legal representative as an armed protector, while as feudal immunities were conceded to the ecclesiastical foundations, these required a representative to defend their rights and to fulfill their secular obligations to the state, such as leading the ecclesiastical levies to war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
. A new class of advocatus thus arose, whose office, commonly rewarded by a grant of land, crystallized into a fief, which, like other fiefs, had by the beginning of the 12th century become hereditary.
In France
In FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, the advocati, known as avoués, were of two types. The first included the great baron
Baron
Baron is a title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin baro meaning " man, warrior"; it merged with cognate Old English beorn meaning "nobleman"...
s, who held the advocateship (avouerie) of an abbey or abbeys rather as an office than a fief, though they were indemnified for the protection they afforded by a domain
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
and preach revenues granted by the abbey: thus the "duke of avoué". Normandy
Normandy
Normandy is a geographical region corresponding to the former Duchy of Normandy. It is in France.The continental territory covers 30,627 km² and forms the preponderant part of Normandy and roughly 5% of the territory of France. It is divided for administrative purposes into two régions:...
was advocatus of nearly all the abbeys in the duchy
Duchy
A duchy is a territory, fief, or domain ruled by a duke or duchess.Some duchies were sovereign in areas that would become unified realms only during the Modern era . In contrast, others were subordinate districts of those kingdoms that unified either partially or completely during the Medieval era...
. The second class included the petty lords
Manorialism
Manorialism, an essential element of feudal society, was the organizing principle of rural economy that originated in the villa system of the Late Roman Empire, was widely practiced in medieval western and parts of central Europe, and was slowly replaced by the advent of a money-based market...
who held their advocateships as hereditary fiefs and often as their sole means of subsistence. An abbey's avoid, of this class, corresponded to a bishop's vidame
Vidame
Vidame, a French corruption of the official Latin term vicedominus , was a feudal title in France...
. Their function was generally to represent the abbot in his capacity as feudal lord, act as his representative in the courts of his superior, exercise secular justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
in the abbot's name in the abbatial court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
, and lead the retainers of the abbey to battle under the banner of the patron saint
Patron saint
A patron saint is a saint who is regarded as the intercessor and advocate in heaven of a nation, place, craft, activity, class, clan, family, or person...
.
The advocatus played a more important part in the feudal polity of the Empire and of the Low Countries
Low Countries
The Low Countries are the historical lands around the low-lying delta of the Rhine, Scheldt, and Meuse rivers, including the modern countries of Belgium, the Netherlands, Luxembourg and parts of northern France and western Germany....
than in France, where his functions, confined to the protection of the interests of religious houses, were superseded from the 13th century onwards by the growth of central power and the increasing efficiency of royal administration. They had, in effect, long ceased to be effective in their original purpose, and after the advowson became a fief, they took advantage of their position to pillage and suppress those they were supposed to defend. Medieval records are full of complaints from abbots about usurpations, exactions, and acts of violence
Violence
Violence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...
committed by the advocati.
In the Low Countries
In the NetherlandsNetherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
(as well as in Germany) advocati were often appointed in the cities, by the overlord or by the emperor, to take the place of the bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
(Dutch schout, German Schultheiss) or to stand alongside this official in matters of Law.
In England
In EnglandEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, the word advocatus was never used to denote a hereditary representative of an abbot; but in some of the larger abbeys there were hereditary stewards whose functions and privileges were not dissimilar to those of the continental advocati. Instead, the word advocatus, or more commonly avowee, was in constant use in England to denote the patron
Patrón
Patrón is a luxury brand of tequila produced in Mexico and sold in hand-blown, individually numbered bottles.Made entirely from Blue Agave "piñas" , Patrón comes in five varieties: Silver, Añejo, Reposado, Gran Patrón Platinum and Gran Patrón Burdeos. Patrón also sells a tequila-coffee blend known...
of an ecclesiastical benefice
Benefice
A benefice is a reward received in exchange for services rendered and as a retainer for future services. The term is now almost obsolete.-Church of England:...
, whose sole right of any importance was a hereditary one of presenting a parson
Parson
In the pre-Reformation church, a parson was the priest of an independent parish church, that is, a parish church not under the control of a larger ecclesiastical or monastic organization...
to the bishop for institution. In this way the hereditary right of presentation to a benefice came to be called in English an advowson
Advowson
Advowson is the right in English law of a patron to present or appoint a nominee to a vacant ecclesiastical benefice or church living, a process known as presentation. In effect this means the right to nominate a person to hold a church office in a parish...
(Lat. advocatio).
In Germany
In GermanyGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, the title of Vogt
Vogt
A Vogt ; plural Vögte; Dutch voogd; Danish foged; ; ultimately from Latin [ad]vocatus) in the Holy Roman Empire was the German title of a reeve or advocate, an overlord exerting guardianship or military protection as well as secular justice...
(advocatus or "advocate") was given not only to the advocati of churches and abbeys but also, from early in the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
, to officials appointed by the Holy Roman
Holy Roman Empire
The Holy Roman Empire was a realm that existed from 962 to 1806 in Central Europe.It was ruled by the Holy Roman Emperor. Its character changed during the Middle Ages and the Early Modern period, when the power of the emperor gradually weakened in favour of the princes...
Emperor
Emperor
An emperor is a monarch, usually the sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife or a woman who rules in her own right...
to administer lands directly under his dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
, as opposed to the comital domains, owned by counts who had become hereditary princes of the Empire. The office or territory of a Vogt was a Vogtei
Vogtei
Vogtei could be:* The residenz or domain of a Vogt* Vogtei , a municipal association in the Unstrut-Hainich district of Thuringia, Germany....
. Land administered by a Vogt could also be known as a Vogtland (terra advocatorum), a name still used to refer to a region, the Vogtland
Vogtland
The term Vogtland refers to a region reaching across the German free states of Bavaria, Saxony and Thuringia and into the Czech Republic . The name of the region contains a reference to the former leadership by the Vögte of Weida, Gera and Plauen, which translates approximately to advocates or lord...
, that adjoins the principalities of Reuss and adjacent portions of Saxony
Saxony
The Free State of Saxony is a landlocked state of Germany, contingent with Brandenburg, Saxony Anhalt, Thuringia, Bavaria, the Czech Republic and Poland. It is the tenth-largest German state in area, with of Germany's sixteen states....
, Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
and Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
. An imperial
Empire
The term empire derives from the Latin imperium . Politically, an empire is a geographically extensive group of states and peoples united and ruled either by a monarch or an oligarchy....
advocateship tended to become hereditary. Sometimes the emperor himself assumed the title of Vogt in application to particular parts of his eminent domain.