Case 3. Paternal Authority Limited

Robert, a young man seventeen years of age, seeks the counsel of Titius, his confessor, concerning his obligations. For recently, as he says, he left his father’s house because of frequent quarrels between his drunken father and the rest of the family; but now his father commands him to return, and Robert is in no way prepared to obey unless he is bound under grave sin. For he says that, if he returned, his father would squander in indulging his vice the greater part of the money which Robert acquires by his labor, and that, furthermore, it would be necessary for him to endure quarrels and other inconveniences between his father and himself or another member of the family, which indeed he affirms he would bear most unwillingly and only under compulsion. Titius knows Robert to be well-behaved and prepared to do everything that the Catholic religion requires in the case. Hence it is asked:

1. How long do children remain under the authority of their parents?

2. The ownership of what goods belongs to children of a family?

3. What is to be said of the case?

1. How long do children remain under the authority of their parents?

The natural law requires that children should, in general, remain under the authority of their parents until they are able to take care of themselves. The age at which they are able to do this is not determined by the natural law, but is left to be determined by positive law, ecclesiastical and civil. A child is sui juris for the purpose of receiving baptism at seven years of age by himself, for the purpose of taking vows, or marrying at the age of puberty. By English law, children in general become sui juris at twenty-one, but when they have attained years of discretion (regularly fourteen for males, sixteen for females), and separation from their parents appears to be for their advantage, English law will not compel them to remain with their parents.

2. Of what property have children the ownership?

Children, by English law, are capable of owning property just like adults who have attained their majority, but they are limited in the administration of it. The administration is regularly in the hands of a guardian, appointed for the purpose, but a minor can make contracts for necessaries, and necessaries are understood in a wide sense to comprehend whatever is suitable to the minor’s position in life.

3. The case. Robert, a youth of seventeen, asked the advice of Titius, his confessor. He left home because of the frequent broils between his drunken father and members of the family, and he is determined not to return unless he is bound under pain of mortal sin to do so. He knows that if he does return, his father will take the largest part of his wages, and spend it in drink, and that he will have to put up with the constant family broils, and this he is not prepared to do. Titius knows that Robert is steady and will do what a good Catholic is bound to do. The confessor, as a rule in such cases, will try his best to keep youths at home till they marry or attain their majority. Still he can not tell Robert that he is bound to return home under pain of committing mortal sin. He is steady, we must presume that he is in respectable lodgings, he can support himself, and he is not bound to give his wages to his father, to be spent in drink. Under such circumstances Titius should give Robert some good advice about keeping steady and attending to his religious duties, but he should also tell him frankly that he is not bound to return home in the circumstances.