Whether Restitution Is Binding on Those Who Have Not Taken?
Objection 1: It would seem that restitution is not binding on those
who have not taken. For restitution is a punishment of the taker. Now
none should be punished except the one who sinned. Therefore none are
bound to restitution save the one who has taken.
Obj. 2: Further, justice does not bind one to increase another's
property. Now if restitution were binding not only on the man who
takes a thing but also on all those who cooperate with him in any way
whatever, the person from whom the thing was taken would be the
gainer, both because he would receive restitution many times over,
and because sometimes a person cooperates towards a thing being taken
away from someone, without its being taken away in effect. Therefore
the others are not bound to restitution.
Obj. 3: Further, no man is bound to expose himself to danger, in
order to safeguard another's property. Now sometimes a man would
expose himself to the danger of death, were he to betray a thief, or
withstand him. Therefore one is not bound to restitution, through not
betraying or withstanding a thief.
_On the contrary,_ It is written (Rom. 1:32): "They who do such
things are worthy of death, and not only they that do them, but also
they that consent to them that do them." Therefore in like manner
they that consent are bound to restitution.
_I answer that,_ As stated above (A. 6), a person is bound to
restitution not only on account of someone else's property which he
has taken, but also on account of the injurious taking. Hence whoever
is cause of an unjust taking is bound to restitution. This happens in
two ways, directly and indirectly. Directly, when a man induces
another to take, and this in three ways. First, on the part of the
taking, by moving a man to take, either by express command, counsel,
or consent, or by praising a man for his courage in thieving.
Secondly, on the part of the taker, by giving him shelter or any
other kind of assistance. Thirdly, on the part of the thing taken, by
taking part in the theft or robbery, as a fellow evil-doer.
Indirectly, when a man does not prevent another from evil-doing
(provided he be able and bound to prevent him), either by omitting
the command or counsel which would hinder him from thieving or
robbing, or by omitting to do what would have hindered him, or by
sheltering him after the deed. All these are expressed as follows:
"By command, by counsel, by consent, by flattery, by receiving, by
participation, by silence, by not preventing, by not denouncing."
It must be observed, however, that in five of these cases the
cooperator is always bound to restitution. First, in the case of
command: because he that commands is the chief mover, wherefore he is
bound to restitution principally. Secondly, in the case of consent;
namely of one without whose consent the robbery cannot take place.
Thirdly, in the case of receiving; when, to wit, a man is a receiver
of thieves, and gives them assistance. Fourthly, in the case of
participation; when a man takes part in the theft and in the booty.
Fifthly, he who does not prevent the theft, whereas he is bound to do
so; for instance, persons in authority who are bound to safeguard
justice on earth, are bound to restitution, if by their neglect
thieves prosper, because their salary is given to them in payment of
their preserving justice here below.
In the other cases mentioned above, a man is not always bound to
restitution: because counsel and flattery are not always the
efficacious cause of robbery. Hence the counsellor or flatterer is
bound to restitution, only when it may be judged with probability
that the unjust taking resulted from such causes.
Reply Obj. 1: Not only is he bound to restitution who commits the
sin, but also he who is in any way cause of the sin, whether by
counselling, or by commanding, or in any other way whatever.
Reply Obj. 2: He is bound chiefly to restitution, who is the
principal in the deed; first of all, the _commander;_ secondly, the
_executor,_ and in due sequence, the others: yet so that, if one of
them make restitution, another is not bound to make restitution to
the same person. Yet those who are principals in the deed, and who
took possession of the thing, are bound to compensate those who have
already made restitution. When a man commands an unjust taking that
does not follow, no restitution has to be made, since its end is
chiefly to restore the property of the person who has been unjustly
injured.
Reply Obj. 3: He that fails to denounce a thief or does not withstand
or reprehend him is not always bound to restitution, but only when he
is obliged, in virtue of his office, to do so: as in the case of
earthly princes who do not incur any great danger thereby; for they
are invested with public authority, in order that they may maintain
justice.
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