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• Aquinas Ethicus, Or the Moral Teaching of St. Thomas, Translated From the Summa.: Second Division, Or Secunda Secundæ.
• Question Xlvii.: of Prudence. 1
• Question Xlviii.: of the Parts of Prudence.
• Question Lv.: of the Prudence of the Flesh.
• Question Lvii.: of Right. 2
• Question Lviii.: of Justice. 1
• Question Lix.: of Injustice.
• Question Lx.: of Judgment.
• Question Lxi.: of the Parts of Justice.
• Question Lxii.: of Restitution.
• Question Lxiii.: of the Respecting of Persons.
• Question Lxiv.: of Homicide.
• Question Lxv.: of Mutilation of Members.
• Question Lxvi.: of Theft and Robbery.
• Question Lxvii.: of Injustice In a Judge.
• Question Lxviii.: of What Relates to an Unjust Accusation.
• Question Lxix.: of Sins Against Justice On the Part of the Accused.
• Question Lxx.: of Injustice In the Person of the Witness.
• Question Lxxi.: of Injustice On the Part of Counsel At Law.
• Question Lxxii.: of Injurious Language Out of Court, and First of Contumely.
• Question Lxxiii.: of Detraction.
• Question Lxxiv.: of Mischief-making.
• Question Lxxvi.: of Cursing.
• Question Lxxvii.: of Fraudulent Dealing In Buying and Selling.
• Question Lxxviii.: of the Sin of Usury That Is Committed In Loans. 3
• Question Lxxix.: of the Integral Parts of Justice, Which Are to Do Good and Turn Away From Evil.
• Question Lxxx.: of the Potential Parts of Justice.
• Question Lxxxi.: of Religion.
• Question Lxxxii.: of Devotion.
• Question Lxxxiii.: of Prayer.
• Question Lxxxiv.: of the Exterior Acts of Divine Worship.
• Question Lxxxv.: of Sacrifice.
• Question Lxxxvi.: of Offerings.
• Question Lxxxviii.: of a Vow Whereby Something Is Promised to God.
• Question Lxxxix.: of Oaths.
• Question XCI.: Of the Taking of the Divine Name to Invoke It In Prayer Or Praise.
• Question XCII.: Of Vices Opposed to Religion, and First of Superstition.
• Question XCIII.: Of the Species of Superstition; and First of Superstition By Undue Worship of the True God.
• Question XCIV.: Of Idolatry.
• Question XCV.: Of the Superstition of Divination.
• Question XCVI.: Of Superstitious Observances.
• Question XCVII.: Of Tempting God.
• Question XCVIII.: Of Perjury.
• Question XCIX.: Of Sacrilege.
• Question C.: Of Simony.
• Question CI.: Of Natural Affection.
• Question CIV.: Of Obedience.
• Question CVI.: Of Gratitude.
• Question CVII.: Of Ingratitude.
• Question CVIII.: Of Vengeance. 1
• Question CIX.: Of Truthfulness.
• Question CX.: Of Vices Opposed to Truthfulness, and First of Lying.
• Question CXI.: Of Simulation and Hypocrisy.
• Question CXII.: Of Boasting.
• Question CXIII.: Of Self-depreciation.
• Question CXIV.: Of the Friendliness That Is Called Affability.
• Question CXV.: Of Flattery.
• Question CXVI.: Of the Spirit of Contradiction.
• Question CXVII.: Of Liberality.
• Question CXVIII.: Of Covetousness.
• Question CXIX.: Of Prodigality.
• Question CXX.: Of Equity.
• Question CXXIII.: Of Fortitude.
• Question CXXIV.: Of Martyrdom.
• Question CXXV.: Of Fear.
• Question CXXVI.: Of Insensibility to Fear.
• Question CXXVII.: Of Fiery Daring. 1
• Question CXXVIII.: Of the Parts of Fortitude.
• Question CXXIX.: Of Magnanimity. 1
• Question CXXX.: Of Presumption. 1
• Question CXXXI.: Of Ambition.
• Question CXXXII.: Of Vainglory.
• Question CXXXIII.: Of Pusillanimity.
• Question CXXXIV.: Of Munificence. 2
• Question CXXXV.: Of Petty Economy.
• Question CXXXVI.: Of Patience.
• Question CXXXVII.: Of Perseverance.
• Question Cxli.: of Temperance.
• Question Cxlii.: of Vices Opposed to Temperance.
• Question Cxliii.: of the Parts of Temperance In General.
• Question Cxlv.: of Propriety.
• Question Cxlvi.: of Abstinence.
• Question Cxlvii.: of Fasting.
• Question Cxlviii.: of Gluttony.
• Question Cxlix.: of Sobriety.
• Question Cl.: of Drunkenness.
• Question Cli.: of Chastity.
• Question Clii.: of Virginity.
• Question Cliii.: of the Vice of Luxury.
• Question Cliv.: of the Parts of Luxury.
• Question Clv.: of the Potential Parts of Temperance; and First of Continence. 1
• Question Clvi.: of Incontinence.
• Question Clvii.: of Clemency and Meekness.
• Question Clviii.: of Irascibility.
• Question Clix.: of Cruelty.
• Question Clxi.: of Humility.
• Question Clxii.: of Pride.
• Question Clxvi.: of Studiousness.
• Question Clxvii.: of Curiosity.
• Question Clxviii.: of Modesty, Or Decorum, In the Outward Movements of the Body. 2
• Question Clxix.: of Modesty In Dress.
• Question Clxxxii.: of the Comparison of the Active Life With the Contemplative.
• Question Clxxxiii.: of Offices and Various States of Men In General.
• Question Clxxxiv.: of What Relates to the State of Perfection In General.
• Question Clxxxvi.: of the Things In Which the Religious State Properly Consists.
• Question Clxxxvii.: of the Things Proper For Religious to Do.
• Question Clxxxviii.: of the Variety of Religious Orders.
• Question Clxxxix.: of the Entry Into Religion.
• By the Same Author.

QUESTION LXXI.

OF INJUSTICE ON THE PART OF COUNSEL AT LAW.

Article I.—Is counsel bound to take up the case of poor clients?

R. Taking up the case of poor clients is a work of mercy, and we must speak of it as of other works of mercy. Now no one has it in his power to do works of mercy to all the needy. And therefore, as Augustine says, “Since you cannot help all, you should look to those especially who are as it were allotted to you, and bound to you by time, place, or other circumstance bringing them in your way.” He mentions place, because a man is not bound to traverse the earth seeking needy people to help; but it is enough if he does the work of mercy to those who come in his way. He further mentions time, because a man is not bound to provide for another’s future need, but it is enough if he relieves his present necessity. He adds the mention of other circumstances, because a man ought especially to bestow his care on those who are related to him by any tie of kindred. Still, when these conditions concur, it further remains to be considered, whether the necessity that the distressed party is in be such as not to admit of ready apparent relief from any other quarter: if such it be, you are bound to do the work of mercy to him. Otherwise, if there is an appearance of possible relief for him, either by his own exertions, or by some other person more closely tied to him than you are, or better able, you are not absolutely bound under pain of sin to relieve his distress; though if you do relieve him without such absolute obligation, your generosity is to be commended. Hence counsel is not always bound to take up the case of the poor, but only when there is a concurrence of the aforesaid conditions: otherwise a man would have to drop all other business, and spend all his energies on helping out poor men’s cases. The same is to be said of a doctor as regards his attendance upon the poor.

Article III.—Does a lawyer sin by defending an unjust cause?

R. It is unlawful for any one to co-operate in the doing of evil, whether by counsel or aid or any manner of consent, because he who lends counsel and aid is in a manner the doer; and the Apostle says: “They are worthy of death, not only that do evil, but also that consent to them that do it.”1 Hence all such persons are bound to restitution. But clearly a lawyer lends both aid and counsel to him whose cause he takes up. Hence if he knowingly defends an unjust cause, without doubt he sins grievously, and is bound to restitution of the loss that the other side incurs unjustly through his aid. But if he defends an unjust cause in ignorance, thinking it to be just, he is excused to the extent that ignorance is excusable.

§ 2. If a lawyer in the beginning has believed a cause to be just, and afterwards as the procedure goes on it comes out to be clearly unjust, he ought not to betray the cause; that is, he ought not to help the other side, or reveal to the other the secrets of his own client. But he can throw up the case, and ought to do so, or induce his client to yield, or to compromise the matter without loss to the other party.1

Article IV.—Is it lawful for a lawyer to take money for his pleading?2

R. A man may justly take a fee for services that he is not bound to render. Now a lawyer is not always bound to plead or give advice in other men’s causes. And therefore if he sells his pleading or advice, he does not act against justice. And the case is the same with a doctor giving his aid to a patient, and with all such personages, provided their fees are moderate, considering the condition of persons and affairs and labour, and the custom of the country.

§ 2. Though legal knowledge is a spiritual gift, yet use of it is made by bodily work; and therefore it is lawful to take money in return for it: otherwise no artificer could lawfully gain by his art.

[1 ]Romans i. 32.

[1 ](1) A criminal cause, where the client is guilty, is not an unjust cause.

(2) A civil cause that is not certainly unjust, may be defended, observing the doctrine of II-II. q. 69. art. 2.

(3) The complexity of law and fact together is such, that a cause certainly unjust, to one who is not in the position of a judge, is a comparatively rare occurrence.

(4) Whatever evidence of injustice comes out in court during the trial, the court may be expected to rule according to that evidence, if it is not rebutted mendaciously and fraudulently. In this an unjust suit differs from an unjust war. In war the battle commonly is to the strong, but in an English court of justice right is might. (Trl.)

[2 ]There was a notion once current, that to sell the fruit of the mind, being the sale of a spiritual thing, was simony. (Trl.)