Case 5. A Confessor's Mistake

Titius borrowed one hundred pounds sterling from his relative Caius, who, since he knew that Titius was oppressed by straitened circumstances, did not seek the money owed for several years; but after seven years, when the affairs of Titius had changed for the better, he asked him to return the hundred pounds. Titius doubts whether, after so many years have elapsed, he is bound to pay the money, since the debt has been extinguished by what is called the Statute of Limitations; nevertheless, he approaches a confessor and asks whether he is bound or not. The latter says that it is honorable to pay the money, but that there is no strict obligation. Hence it is asked:

1. What are the Statutes of Limitation, and what are their effects?

2. To what is a confessor bound who has unduly exempted a penitent from the burden of restitution?

3. What is to be said of the case?

1. This question is answered above, p. 261.

2. What are the obligations of a confessor who has wrongly excused a penitent from the duty of making restitution?

If the confessor excuses the penitent out of malice or gravely culpable ignorance, he is bound to correct his error, and if he does not do so, or if now the penitent is unwilling, or is not able to make restitution, the confessor will be bound to make it for him. If there was no grave fault in the confessor’s advice, he will be bound to correct the mistake as far as he can, and if he can not do this, he will be excused from further obligation.

3. The case. Titius was wrong in thinking that the effect of the Statutes of Limitation for an action of debt is to extinguish the right after six years. Those who administer the law and lawyers are unanimous on the point, and agree that it only bars the remedy. But if the debt is not extinguished by the law, it still remains to be paid. The confessor, therefore, was wrong in his decision, and if he gave it from gravely culpable ignorance, he is bound to correct his mistake, and if Titius will not now make restitution, or can not now, though he could have done before, the confessor will be bound to make it for him, as was said above.