Doubt — Bontempi, Palladium Theologicum V · from Schola Thomistica

Doubt II: When things acquired by donation ought to be restored

English · Latin · Both

1.

IT IS ANSWERED that this is so when the Donation is invalid, either by the law of nature, as when it is coerced, or if it was not absolute but conditional, and the condition is not present in fact; or it is void by human law, as that which is made by a Minor without the consent of his Tutor l. Pupillae, ff. de acquirendo rerum dominio, and that which is made between husband and wife l. si Sponsus, ff. de donat. inter virum, et uxorem, except in certain cases noted by Sylvester v. Donatio; and that which is made between a Father and a son not emancipated l. ult. C. de Impuber, except in the cases given by Sylvester loc. cit. See Tanner disput. 4. quaest. 6. dub. 11. num. 315.

2.

From which doctrine it follows that what Adrianus de Restit. says is true — Alensis 4. p. quaest. 86. membr. 3. art. 29, Altisiodor. lib. 4. sum. quaest. 7. de Restit, and D. Bonav. Apologia de paupertate Christi, cap. 2. §. Secundus modus mendicandi, et ad 8. — namely that the poverty of those who by simulated sanctity and poverty extort alms is against justice, and accordingly that such men are thieves, which he proves from D. Ambrose lib. 1. de offic. cap. 16 and D. Augustine de operibus Monachorum, cap. 26.