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 damned. Therefore in some cases
robbery is lawful.
_On the contrary,_ Whatever is taken lawfully may be offered to God
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 punishing 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 restitution.
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 restitution. 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. lxxxii) 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 restitution.
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
restitution, 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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