Disputation — Bontempi, Palladium Theologicum V · from Schola Thomistica
Disputation XXXI: On the Advocate
AFTER the Judge has occupied the supreme place in the tribunal, and the Defendant has been brought before him, and the witnesses examined openly (which, however, is not always required, since sometimes it is more expedient that it be done in secret), a fourth place is left to certain persons who contend from their office, for or against, by the allegation of laws and the discussion of arguments, so that the proceedings toward the Defendant's condemnation or absolution may go forward more clearly and securely; for the laws of almost all these places are so entangled in perplexities that some learned jurists are needed, by whose help they may be untangled, of whom we shall treat here.
De Advocato.
POSTQUAM supremum in tribunali locum Iudex occuparit, fueritque Reus coram adductus, palamque fuerint testes examinati; (quod tamen semper non requiritur, cum aliquando clam id fieri magis expediat) quartus locus relinquitur quibusdam personis, quae ex officio, pro, vel contra, legum allegatione, et rationum disceptatione contendant, ut clarius et securius ad Rei condemnationem, vel absolutionem procedatur, tot enim omnium fere locorum Iura ambagibus implicantur; ut viros nonnullos Iurisperitos requirant, quorum ope extricari valeant, de quibus hic agendum.
Within this disputation
- Question I: Who can and ought to exercise this office
- Question II: On the sins of a wicked advocate
- Question III: Whether an advocate is liable for light fault
- Question IV: Whether an advocate engaged by the year is worthy of his fee in a year in which he did nothing
- Question V: Whether an advocate is bound to defend a client gratis in grave necessity
- Question VI: Whether an advocate can receive gifts