During the
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
, an (sometimes given as modern English: advocate; German: ; French: ) was an office-holder who was legally delegated to perform some of the secular responsibilities of a major feudal lord, or for an institution such as an abbey. Many such positions developed, especially in the
Holy Roman Empire
The Holy Roman Empire was a political entity in Western, Central, and Southern Europe that developed during the Early Middle Ages and continued until its dissolution in 1806 during the Napoleonic Wars.
From the accession of Otto I in 962 ...
. Typically, these evolved to include responsibility for aspects of the daily management of agricultural lands, villages and cities. In some regions, advocates were governors of large provinces, sometimes distinguished by terms such as (in German).
While the term was eventually used to refer to many types of governorship and advocacy, one of the earliest and most important types of was the church advocate (). These were originally lay
lord
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
s, who not only helped defend religious institutions in the secular world, but were also responsible for exercising lordly responsibilities within the church's lands, such as the handling of legal cases which might require the use of a death penalty. The positions of these office-holders eventually came to be seen as inheritable titles themselves, with their own feudal privileges connected to them.
The as an officer of a
court of law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordan ...
first appeared in the 12th and 13th centuries, concomitant with the
rediscovery of Roman law.
Nomenclature
The terms used in various European languages derive from a general Latin term for any person called upon ( la, ad vocatus) to stand for another.
Apart from the English terms "advocate" and "advowee", German terms are sometimes mentioned in English accounts of the Holy Roman Empire, and these include (, from
Old High German
Old High German (OHG; german: Althochdeutsch (Ahd.)) is the earliest stage of the German language, conventionally covering the period from around 750 to 1050.
There is no standardised or supra-regional form of German at this period, and Old High ...
, also or ; plural ). The territory or area of responsibility of a is called a (from ).
Related terms include nl, (land-) voogd; da, foged; no, fogd; sv, fogde; pl, wójt; fi, vouti; ; and ro, voit.
Ecclesiastical advocates
These advocates were specially bound to represent their clients before the secular courts. They exercised civil jurisdiction in the domain of the church or monastery, and were bound to protect the church with arms in the event of actual assault. Finally, it was their duty to lead the men-at-arms in the name of the church or monastery, and to command them in time of war. In return for these services the advocate received certain definite revenues from the possessions of the church, in the form of supplies or services, which he could demand, or in the form of a lien on the church property.
Such advocates are to be found even in Roman times; a Synod of Carthage decreed, in 401, that the emperor should be requested to provide, in conjunction with the bishops, for the churches. There is evidence, moreover, for such in Italy, at the close of the fifth century, but
Pope Gregory I
Pope Gregory I ( la, Gregorius I; – 12 March 604), commonly known as Saint Gregory the Great, was the bishop of Rome from 3 September 590 to his death. He is known for instigating the first recorded large-scale mission from Rome, the Gregor ...
confined the office to members of the clergy. It was the duty of these to protect the poor, and to defend the rights and possessions of the church.
In the
Frankish Kingdom
Francia, also called the Kingdom of the Franks ( la, Regnum Francorum), Frankish Kingdom, Frankland or Frankish Empire ( la, Imperium Francorum), was the largest post-Roman barbarian kingdom in Western Europe. It was ruled by the Franks duri ...
, under the
Merovingians
The Merovingian dynasty () was the ruling family of the Franks from the middle of the 5th century until 751. They first appear as "Kings of the Franks" in the Roman army of northern Gaul. By 509 they had united all the Franks and northern Gauli ...
, these lay representatives of the churches appear as and .
[ This cites:
* Du Cange, ''Glossarium'' (ed. 1883, Niort), s. "Advocati"
* A. Luchaire, ''Manuel des institutions françaises'' (Paris, 1892)
* ]Herzog
''Herzog'' (female ''Herzogin'') is a German hereditary title held by one who rules a territorial duchy, exercises feudal authority over an estate called a duchy, or possesses a right by law or tradition to be referred to by the ducal title. ...
-Hauck, '' Realencyklopädie'' (ed. Leipzig, 1896), s. "Advocatus ecclesiae," where further references will be found. The concept of the was related to the
Old German
Old High German (OHG; german: Althochdeutsch (Ahd.)) is the earliest stage of the German language, conventionally covering the period from around 750 to 1050.
There is no standardised or supra-regional form of German at this period, and Old High ...
idea of the , or guardian, but also included some ideas of physical defence and legal representation (whence the connection with or "advocate").
Under the
Carolingians, the duties of the church advocate were enlarged and defined according to the principles of government which prevailed in the reign of
Charlemagne
Charlemagne ( , ) or Charles the Great ( la, Carolus Magnus; german: Karl der Große; 2 April 747 – 28 January 814), a member of the Carolingian dynasty, was King of the Franks from 768, King of the Lombards from 774, and the first ...
; henceforward we meet with the in the medieval sense. A
Capitulary
A capitulary (Medieval Latin ) was a series of legislative or administrative acts emanating from the Frankish court of the Merovingian and Carolingian dynasties, especially that of Charlemagne, the first emperor of the Romans in the west since t ...
of about 790 ordained that the higher clergy, "for the sake of the church's honour, and the respect due to the priesthood" () should have advocates. Charlemagne, who obliged bishops, abbots and abbesses to maintain , commanded to exercise great care in the choice of persons to fill the office; they must be judicious men, familiar with the law, and owning property in the—then still administrative—countship (). The churches, monasteries and canonries, as such, alike received advocates, who by degrees assumed the position above defined.
Under the Carolingians it was made obligatory for
bishop
A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution.
In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is c ...
s,
abbot
Abbot is an ecclesiastical title given to the male head of a monastery in various Western religious traditions, including Christianity. The office may also be given as an honorary title to a clergyman who is not the head of a monastery. The ...
s and
abbess
An abbess (Latin: ''abbatissa''), also known as a mother superior, is the female superior of a community of Catholic nuns in an abbey.
Description
In the Catholic Church (both the Latin Church and Eastern Catholic), Eastern Orthodox, Copt ...
es to appoint such officials in every
county
A county is a geographic region of a country used for administrative or other purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
where they held
property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
. The office was not at first
hereditary nor even for life, the being chosen, either by the abbot alone, or by the abbot and bishop concurrently with the
count
Count (feminine: countess) is a historical title of nobility in certain European countries, varying in relative status, generally of middling rank in the hierarchy of nobility. Pine, L. G. ''Titles: How the King Became His Majesty''. New York: ...
.
In the post-Carolingian period it developed into a hereditary office, and was held by powerful nobles, who constantly endeavoured to enlarge their rights in connection with the church or the monastery. Conciliar decrees were passed as early as the ninth century to protect ecclesiastical institutions against the excessive claims of their advocates, who indeed became in many ways a heavy burden to their ecclesiastical clients. They dealt with the possessions entrusted to them as with their own property, plundered the church estate, appropriated the tithes and other revenues, and oppressed in every possible way those whom they were appointed to protect.
The office, since it offered many advantages, was eagerly sought after. The excessive claims of the advocates gave rise to many disputes between them and the churches or monasteries. The bishops and abbots, who found their rights seriously curtailed, appealed to the Holy Roman Emperor and to the Pope for protection. In the twelfth century grave warnings issued from Rome, restraining the high-handed actions of the advocates under pain of severe ecclesiastical penalties, which still did not put an end to all the abuses that prevailed. On certain occasions, emperors and princes exercised the office of advocate, in which case they appointed deputy-advocates () to represent them.
From the time of Charlemagne, who had such officials appointed in ecclesiastical territories not directly under the control of his counts, the was a state functionary representing ecclesiastical dignitaries (such as bishops and abbots) or institutions in secular matters, and particularly before secular courts. Such representatives had been assigned to the church since late antiquity, as it was not supposed to act for itself in worldly affairs. Therefore, in areas such as the territories of abbeys and bishoprics, which by virtue of their ecclesiastical status were free (or immune) from the secular government of the local count (, in origin an administrative official in charge of a territory and reporting to the emperor), the fulfilled the function of a protective lordship, generally commanding the military contingents of such areas (). Beyond that, he administered the high justice instead of the count from the '' court'' (, or ).
In private and family monasteries (see