The line between the judicial and advisory functions of the Hebrew Scribes was not closely or clearly drawn. They were evidently supposed to occupy a disinterested position toward those who consulted them and to be in a sense the associates of the judges. Since the motive which prompted their study of particular cases was supposed to be only that of vindicators of general justice, the rules which nominally guided their action, as announced by the lawgivers, required that their services should always be gratuitous. But quite naturally their consultation with private litigants prompted such litigants to influence their view of the law, and command their skill in debate. And so to evade the rule which prevented remuneration they established the custom of giving presents in advance. These presents given in advance to secure the kindly favor of the Scribes are interesting as the precursors of that institution dear to every English barrister, and not unknown--nor even objectionable--to American lawyers, to wit, the Retainer. In fact it was the impossibility of finding men who could remain judicial in their attitude when the thought of remuneration moved them to advocate the cause of one of the litigants, that put the Scribes of those days in an indefensible position and led to the attacks upon them that we find in the New Testament. And so it was in Rome. There the progenitor of the lawyer was first the priest, the _Pontifex_, mingling judicial and advisory functions, and then the _patronus_ or the orator, a man of wealth and high standing in the community, who had gathered about him freed men and Plebeians as his supporters. The latter were known as his _clientes_, from which term our word is derived. When one of his clients became involved in a lawsuit, the _patronus_ appeared to advise the judge--a magistrate acting only as vindicator of general justice and often not learned in the principles of law--and was not supposed to receive any compensation. Less than the _patronus_, but exercising similar functions, was the _advocatus_--who, though perhaps not so learned in the law, nor so formidable as a person, was able to assist the _patronus_ before the tribunal on behalf of others. There was in addition a body of men called "jurist consults," learned in the law and able to advise, who came to be recognized as the members of a select profession in the time of Augustus.