SECOND ARTICLE [II-II, Q. 71, Art. 2]

Whether It Is Fitting That the Law Should Debar Certain Persons from

the Office of Advocate?

Objection 1: It would seem unfitting for the law to debar certain

persons from the office of advocate. For no man should be debarred

from doing works of mercy. Now it belongs to the works of mercy to

defend a man's suit, as stated above (A. 1). Therefore no man should

be debarred from this office.

Obj. 2: Further, contrary causes have not, seemingly, the same

effect. Now to be busy with Divine things and to be busy about sin

are contrary to one another. Therefore it is unfitting that some

should be debarred from the office of advocate, on account of

religion, as monks and clerics, while others are debarred on account

of sin, as persons of ill-repute and heretics.

Obj. 3: Further, a man should love his neighbor as himself. Now it is

a duty of love for an advocate to plead a person's cause. Therefore

it is unfitting that certain persons should be debarred from pleading

the cause of others, while they are allowed to advocate their own

cause.

_On the contrary,_ According to Decret. III, qu. vii, can. _Infames,_

many persons are debarred from the office of advocate.

_I answer that,_ In two ways a person is debarred from performing a

certain act: first because it is impossible to him, secondly because

it is unbecoming to him: but, whereas the man to whom a certain act

is impossible, is absolutely debarred from performing it, he to whom

an act is unbecoming is not debarred altogether, since necessity may

do away with its unbecomingness. Accordingly some are debarred from

the office of advocate because it is impossible to them through lack

of sense--either interior, as in the case of madmen and minors--or

exterior, as in the case of the deaf and dumb. For an advocate needs

to have both interior skill so that he may be able to prove the

justice of the cause he defends, and also speech and hearing, that he

may speak and hear what is said to him. Consequently those who are

defective in these points, are altogether debarred from being

advocates either in their own or in another's cause. The becomingness

of exercising this office is removed in two ways. First, through a

man being engaged in higher things. Wherefore it is unfitting that

monks or priests should be advocates in any cause whatever, or that

clerics should plead in a secular court, because such persons are

engaged in Divine things. Secondly, on account of some personal

defect, either of body (for instance a blind man whose attendance in

a court of justice would be unbecoming) or of soul, for it ill

becomes one who has disdained to be just himself, to plead for the

justice of another. Wherefore it is unbecoming that persons of ill

repute, unbelievers, and those who have been convicted of grievous

crimes should be advocates. Nevertheless this unbecomingness is

outweighed by necessity: and for this reason such persons can plead

either their own cause or that of persons closely connected with

them. Moreover, clerics can be advocates in the cause of their own

church, and monks in the cause of their own monastery, if the abbot

direct them to do so.

Reply Obj. 1: Certain persons are sometimes debarred by

unbecomingness, and others by inability from performing works of

mercy: for not all the works of mercy are becoming to all persons:

thus it ill becomes a fool to give counsel, or the ignorant to teach.

Reply Obj. 2: Just as virtue is destroyed by "too much" and "too

little," so does a person become incompetent by "more" and "less."

For this reason some, like religious and clerics, are debarred from

pleading in causes, because they are above such an office; and others

because they are less than competent to exercise it, such as persons

of ill-repute and unbelievers.

Reply Obj. 3: The necessity of pleading the causes of others is not

so pressing as the necessity of pleading one's own cause, because

others are able to help themselves otherwise: hence the comparison

fails.

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 481 / 1128 题