Part III (Secunda Secundae) Part 109 (2/2)
Objection 1: It would seem unlawful to steal through stress of need.
For penance is not imposed except on one who has sinned. Now it is stated (Extra, De furtis, Cap. Si quis): ”If anyone, through stress of hunger or nakedness, steal food, clothing or beast, he shall do penance for three weeks.” Therefore it is not lawful to steal through stress of need.
Obj. 2: Further, the Philosopher says (Ethic. ii, 6) that ”there are some actions whose very name implies wickedness,” and among these he reckons theft. Now that which is wicked in itself may not be done for a good end. Therefore a man cannot lawfully steal in order to remedy a need.
Obj. 3: Further, a man should love his neighbor as himself. Now, according to Augustine (Contra Mendac. vii), it is unlawful to steal in order to succor one's neighbor by giving him an alms. Therefore neither is it lawful to steal in order to remedy one's own needs.
_On the contrary,_ In cases of need all things are common property, so that there would seem to be no sin in taking another's property, for need has made it common.
_I answer that,_ Things which are of human right cannot derogate from natural right or Divine right. Now according to the natural order established by Divine Providence, inferior things are ordained for the purpose of succoring man's needs by their means. Wherefore the division and appropriation of things which are based on human law, do not preclude the fact that man's needs have to be remedied by means of these very things. Hence whatever certain people have in superabundance is due, by natural law, to the purpose of succoring the poor. For this reason Ambrose [*Loc. cit., A. 2, Obj. 3] says, and his words are embodied in the Decretals (Dist. xlvii, can. Sicut ii): ”It is the hungry man's bread that you withhold, the naked man's cloak that you store away, the money that you bury in the earth is the price of the poor man's ransom and freedom.”
Since, however, there are many who are in need, while it is impossible for all to be succored by means of the same thing, each one is entrusted with the stewards.h.i.+p of his own things, so that out of them he may come to the aid of those who are in need.
Nevertheless, if the need be so manifest and urgent, that it is evident that the present need must be remedied by whatever means be at hand (for instance when a person is in some imminent danger, and there is no other possible remedy), then it is lawful for a man to succor his own need by means of another's property, by taking it either openly or secretly: nor is this properly speaking theft or robbery.
Reply Obj. 1: This decretal considers cases where there is no urgent need.
Reply Obj. 2: It is not theft, properly speaking, to take secretly and use another's property in a case of extreme need: because that which he takes for the support of his life becomes his own property by reason of that need.
Reply Obj. 3: In a case of a like need a man may also take secretly another's property in order to succor his neighbor in need.
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EIGHTH ARTICLE [II-II, Q. 66, Art. 8]
Whether Robbery May Be Committed Without Sin?
Objection 1: It would seem that robbery may be committed without sin.
For spoils are taken by violence, and this seems to belong to the essence of robbery, according to what has been said (A. 4). Now it is lawful to take spoils from the enemy; for Ambrose says (De Patriarch.
4 [*De Abraham i, 3]): ”When the conqueror has taken possession of the spoils, military discipline demands that all should be reserved for the sovereign,” in order, to wit, that he may distribute them.
Therefore in certain cases robbery is lawful.
Obj. 2: Further, it is lawful to take from a man what is not his. Now the things which unbelievers have are not theirs, for Augustine says (Ep. ad Vincent. Donat. xciii.): ”You falsely call things your own, for you do not possess them justly, and according to the laws of earthly kings you are commanded to forfeit them.” Therefore it seems that one may lawfully rob unbelievers.
Obj. 3: Further, earthly princes violently extort many things from their subjects: and this seems to savor of robbery. Now it would seem a grievous matter to say that they sin in acting thus, for in that case nearly every prince would be d.a.m.ned. Therefore in some cases robbery is lawful.
_On the contrary,_ Whatever is taken lawfully may be offered to G.o.d in sacrifice and oblation. Now this cannot be done with the proceeds of robbery, according to Isa. 61:8, ”I am the Lord that love judgment, and hate robbery in a holocaust.” Therefore it is not lawful to take anything by robbery.
_I answer that,_ Robbery implies a certain violence and coercion employed in taking unjustly from a man that which is his. Now in human society no man can exercise coercion except through public authority: and, consequently, if a private individual not having public authority takes another's property by violence, he acts unlawfully and commits a robbery, as burglars do. As regards princes, the public power is entrusted to them that they may be the guardians of justice: hence it is unlawful for them to use violence or coercion, save within the bounds of justice--either by fighting against the enemy, or against the citizens, by punis.h.i.+ng evil-doers: and whatever is taken by violence of this kind is not the spoils of robbery, since it is not contrary to justice. On the other hand to take other people's property violently and against justice, in the exercise of public authority, is to act unlawfully and to be guilty of robbery; and whoever does so is bound to rest.i.tution.
Reply Obj. 1: A distinction must be made in the matter of spoils. For if they who take spoils from the enemy, are waging a just war, such things as they seize in the war become their own property. This is no robbery, so that they are not bound to rest.i.tution. Nevertheless even they who are engaged in a just war may sin in taking spoils through cupidity arising from an evil intention, if, to wit, they fight chiefly not for justice but for spoil. For Augustine says (De Verb.
Dom. xix; Serm. lx.x.xii) that ”it is a sin to fight for booty.” If, however, those who take the spoil, are waging an unjust war, they are guilty of robbery, and are bound to rest.i.tution.
Reply Obj. 2: Unbelievers possess their goods unjustly in so far as they are ordered by the laws of earthly princes to forfeit those goods. Hence these may be taken violently from them, not by private but by public authority.
Reply Obj. 3: It is no robbery if princes exact from their subjects that which is due to them for the safe-guarding of the common good, even if they use violence in so doing: but if they extort something unduly by means of violence, it is robbery even as burglary is. Hence Augustine says (De Civ. Dei iv, 4): ”If justice be disregarded, what is a king but a mighty robber? since what is a robber but a little king?” And it is written (Ezech. 22:27): ”Her princes in the midst of her, are like wolves ravening the prey.” Wherefore they are bound to rest.i.tution, just as robbers are, and by so much do they sin more grievously than robbers, as their actions are fraught with greater and more universal danger to public justice whose wardens they are.
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NINTH ARTICLE [II-II, Q. 66, Art. 9]
Whether Theft Is a More Grievous Sin Than Robbery?
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