Question — Bontempi, Palladium Theologicum V · from Schola Thomistica
Question V: What ought to be restored
This question contains many things, and those various, to be discussed; for since the things subject to restitution are goods, and those goods are of many kinds, namely goods of fortune, as riches; of the body, as the integrity of honor and of fame, and goods of the soul; and among these goods some are of difficult restitution, as the health of the body, one must treat of all of them: Whether they are included under the debt of justice; or whether they are to be compensated by other goods.
Quidnam debeat restitui.
Multa, eaque varia haec quaestio continet discutienda; nam cum res, restitutioni obnoxiae, sint bona, eaque plurima sint, scilicet fortunae, ut opes; corporis, ut incolumitas honoris, et famae, atque bona animae; et inter haec bona sint aliqua difficilis restitutionis, ut sanitas corporis, oportet de omnibus differere: An includantur sub debito iustitiae; an vero aliis bonis sint compensanda.
Again, secondly, the debt of restitution can arise from the mode in which the things themselves are held, and thus the equality to be made can fall upon the mode by which the thing was acquired, as through various contracts, through donation, etc. Likewise through hunting, fowling, fishing, digging, and through some shameful action. Therefore these also must be treated of. Thirdly, from goods impeded to someone. These I shall discuss one by one.
Rursus potest secundo oriri debitum restitutionis ex modo, quo res ipsae habentur, et ita aequalitas facienda, cadere potest supra modum, quo res acquisita est, ut per varios contractus, per donationem, etc. Itidem per venationem, aucupium, piscationem, effossionem, et per actionem aliquam turpem. Ideo de his etiam differendum. Tertio ex impeditis alicui bonis. Haec singula disseram.
Within this question
Subquestion II: What things are to be restored by reason of the manner in which they were acquired
- Doubt I: When a thing acquired by contract is to be restored
- Doubt II: When things acquired by donation ought to be restored
- Doubt III: When things acquired by prescription are to be restored
- Doubt IV: When a thing acquired as wages for discharging an office is to be restored
- Doubt V: Whether the wages of harlotry are to be restored
- Doubt VI: When things acquired by fowling, fishing, and hunting are to be restored
- Doubt VII: When things acquired by the use of common things are to be restored
- Doubt VIII: Whether things acquired in illicit games are to be restored
- Doubt IX: What is to be restored by reason of finding