76. On Census

1. "Whether diminution of fruits, or of the annual pension, is owed in those censuses in which for each hundred of scutated coins ten coins of the same kind are paid as fruits, which fruits, regard being had to the unjust circumstances of times and places and to the condition of debtors, seem to exceed just limits."

R. It must be considered "first what was the time of the creation of the censuses; and if it is known that their pensions, at the time when the same were created, did not exceed just limits, there is no place from the title of justice for reduction or diminution of the same pensions, even if, regard being had to a subsequent or present time, those pensions could seem heavy and exceeding what is just, just as from the same title of justice there would be no place for enlargement or increase of the same pensions, if, regard being had to the time subsequent to the creation of the censuses, they should seem too small and less than what is just; because, just as in all contracts, so also in censuses, their justice is to be measured in relation to that time in which they were created." But since a census is a contract by which a thing estimable by price is bought, and the just common price of things is of three kinds, highest, middle, lowest, it will not have to be judged that the aforesaid pensions exceeded just limits "if the pensions of the contracts in controversy, at the time when the same were created, did not exceed the highest of those which were then in common use." Wherefore then it must be established also from this head that the aforesaid pensions "are to be judged just, and that no diminution is owed from the title of justice." From the title of justice; for, "regard being had to present unjust times and circumstances, there ought to be place for Christian charity and evangelical prudence, in order to avoid murmuring and to ward off scandals." S. C. de P. F. 20 Aug. 1826; Collectan. n. 2132.

2. The seller Huetius was seeking diminution of a census, on the ground that part of the censused house had collapsed, and he himself had repaired it amply. Was this justly?

R. It would have to be investigated "whether that part of the house collapsed by chance, or rather from the negligence and fault of the censuary." If it collapsed by the negligence and fault of the censuary, surely nothing would have to be remitted to him for the repair of the aforesaid house. Concerning this matter there can be no place for doubting. "Similarly, it is an undoubted matter that for repairs merely useful and not necessary nothing is owed by the censualists to censuaries.... But neither for the necessary repair of the aforesaid house was anything owed to be remitted to Huetius from justice, if, after the ruin, the part of that house which survived was capable of paying the whole pension of the census." The pension of the census would have to be diminished pro rata only "if the part of the censused thing which survived had become incapable of paying the whole pension"; or, that that pension may remain in its integrity, "the principal capital of the census will have to be increased pro rata." S. C. de P. F. 20 Aug. 1826; Collectan. 2. 2132.