Case 2. A Minor Enlisting

Caius, a young Catholic twenty years of age at the University of Oxford, wishes, as a volunteer soldier, to wage war for his country in South Africa. His parents oppose him, however, because they do not wish to undergo the danger of losing their first-born son, since he is of the best character and likely to bring greater glory to their honored name. Since he cannot obtain their consent, but nevertheless burns with zeal to serve his country, he approaches Julius, his confessor, and asks whether he can enlist without mortal sin. Hence it is asked:

1. What are the obligations of children toward their parents?

2. What are the rights of parents over their children?

3. When do the obligations of children toward their parents cease?

4. What is to be said of the case?

1. What are the obligations of children toward their parents?

Children are bound to love, honor, and obey their parents, and support them when they are in need.

2. What are the rights of parents over their children?

As parents have the duty of bringing up and educating their children they have the right, which corresponds to that duty, to keep their children with them, and to receive their obedience, honor, and love. They may correct a child when he requires it. A parent, as such, has no rights over a child’s property, but if no guardian of the property has been lawfully appointed, the father will be considered its guardian, and he will be obliged to administer it for the benefit of his child.

3. When do the obligations of children toward their parents cease?

The obligations of children to love and honor their parents never cease. The obligation to live under their direction and control terminates with minority. In general, minority terminates when the child is twenty-one, but before that age a child who has reached the age of discretion may enter into religion, marry, and enlist in the army.

4. The case. Caius, a young Catholic at Oxford, twenty years of age, wanted to enlist in the army and serve in the South African war. He was the eldest son in a family of position, and the parents would not give their consent. He asked Julius, his confessor, whether he would sin grievously if he enlisted without his parents’ consent.

In such cases, the confessor will, as a rule, act prudently by taking the side of the parents, and trying to induce the son to do as they desire. Still, if Caius insists on a theological answer to his question, Julius should tell him that he will not sin if he enlists against his parents’ wish. They do not stand in need of his assistance, and English law allows him to enlist without the consent of his parents: * Although parental authority continues until the child is twenty-one, yet public policy requires that a minor should be at liberty to contract an engagement with the State; and the parental authority is suspended, though not destroyed, by enlistment in the army.”¹ Thus positive law determines and defines the indefinite and vague law of nature concerning the time of emancipation from parental control.

1 Encyclopedia of Laws, vol. v, p. 28.