Case 6. Excused from Making Restitution

Titius, a Catholic who enters into contracts for the building of houses (building contractor), confesses that some years ago, through an error, he received from a certain man four hundred pounds more than was owed to him, concerning which matter he is now troubled in conscience. Caius the confessor asks whether he is able to restore them. Titius answers that he has nothing superfluous, that his receipts and expenses in each year are nearly equal, and that he could indeed make restitution absolutely, if it is necessary for salvation, provided that he remove two daughters from school and compel his adult son, who hitherto has not obtained employment suitable to his station, to leave home in order to support his life by labor of any kind. Caius wishes to know whether he ought to impose the obligation of making restitution in the circumstances stated. Hence it is asked:

1. Whence does the obligation of restitution arise?

2. What are the roots of restitution?

3. What causes excuse from restitution?

4. What is to be said of the case?

1. This question is answered above, p. 273.

2. This is answered above, p. 270.

3. What excuses from making restitution?

The condonation of the debt by the creditor, physical or moral impossibility as long as they last, and in England absolute discharge after bankruptcy.¹

1 Manual of Moral Theology, vol. i, p. 437.

4. The case. Titius, a contractor, was paid £400 more than was due to him. He kept the money for some years, and then asked his confessor what he was bound to do. He told his confessor that he could not now restore the money without recalling two daughters from school, and sending an adult son, who was living with him, out of the house, to make a living as best he could. Under these circumstances, Titius is not bound to restore the £400 at once. The daughters have a right to receive the education which is usual in their condition of life, and the son should not be turned out on the streets. If Titius tried, he might be able to lay by £10 a year, and thus pay off by degrees a large part of the debt. If he can do anything like this, he will be bound to do it.