Disputation — Bontempi, Palladium Theologicum V · from Schola Thomistica

Disputation XXIX: On the Accused

English · Latin · Both

1.

The accused is one who, charged with some matter, is lawfully brought before a Judge; wherefore the discussion concerning him, as the correlate of the Judge, is rightly undertaken next after the Judge. Whole volumes have been woven together on this subject by as many as have labored at forensic matters; therefore only those points in this matter that concern conscience will be briefly examined by us. Moreover, the first step by which the accused is led to the tribunal is the lawful citation, which is threefold. The first, to appear, is so necessary by the law of Nature that whatever is done by the Judge without it is approved by no law. The second is for making allegations. The third, for making a definition. Our Eliseus loudly proclaims that the two latter belong to positive law, following the common opinion of the Jurists, tract. 7. quaest. 1. num. 5. We shall begin with the first citation, from which the rest open out of themselves.

Within this disputation