Doubt II: Whether cession of goods excuses from restitution

The Laws permit Cession of goods, so that in the external forum the debtor may be safe L. Qui bonis, ff. de cessione bonorum, and Cod. de iis, qui bonis cesserunt; yet this cession in the forum of conscience does not free him, except insofar as it excuses his poverty, otherwise it would free him even without such cession, as Navar. notes, cap. 17. num. 86. Medina quaest. 3. cap. 3. Sotus lib. 4. d. Iust. quaest. 7. art. 4. Couar. Lib. 2. variarum, cap. 1. Valentia quaest. 6. puncto 7. Tanner. num. 441. disp 4. quaest. 6. Bassaeus V. Restit. 5. num. 5.

He will still be bound to restore if he comes to better fortune, as the same Doctors teach, and as is had in Leg. 1. and Leg. cum et filii, and Leg. is, qui bonis. Cod. de his, qui bonis, locis citatis. Which Couar. also shows to be true, when that cession of goods is made with some ceremony of ignominy.

Yet Caspensis observes, disp. 1. sect. 13. with Toletus Lib. 1. cap. 16. that a debtor in cession of goods may retain and conceal what is necessary for his own sustenance, that of his wife, children, and others in the first degree; nor are those who know it bound to reveal it, even if a penalty is imposed on one who does not reveal; they may even swear that they do not know where such goods are, understanding within themselves, insofar as they are bound to reveal it; but Petrus Navar. Lib. 4. cap. 4. num. 50. says this is true of one who is compelled without fault to cede his goods; Tannerus subscribes, num. 441.