Doubt — Bontempi, Palladium Theologicum V · from Schola Thomistica

Doubt V: On the causes excusing from restitution on the part of the public authority

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1.

THREE causes are enumerated from this chapter as excusing.

2.

The FIRST is the authority of the public power, granting something to someone by law itself, as in prescriptions, e. g.; but not merely permitting the possession of a thing with impunity, as Medina noted most excellently, quaest. 1. causa 7. Tanner. n. 440. infra, Valentia quaest. 6 punct. 8. Whence it comes about that, although the laws in contracts permit deception that does not exceed half the just price (as appears in L. Item in pretio, §. sin. ff. locati,), nevertheless in the forum of conscience he must restore who has deceived another even within half the just price.

3.

The SECOND cause is the authority of the public power adjudicating a thing to someone by a judicial sentence. See Medina causa 7. Valentia disp. 5. quaest. 4 puncto 2.

4.

The THIRD cause is the authority of the supreme Ecclesiastical power, when the Pontiff, for a just cause, by a Bull of composition remits to someone a certain part of uncertain goods to be restored, provided he contribute a certain part of them to pious uses of the Church, according to what Medina teaches on this matter, said q. 3. and q. 11. Sotus Lib. 4. de Iust. quaest. 7. art. 1. ad 3. Navar. man. cap. 17. num. 91. Valentia loco cit. Tanner. disput. 4. quaest. 6. num. 444. Bassaeus, V. Restit. 5. num. 13.