Summa Theologica, Part II-II (Secunda Secundae)

Thomas, Aquinas, Saint · c. 1271–1273 (Part II-II written within this period) primary

passage 421 of 1234 · PART II-II ("Secunda Secundae") > Scene i.]. Hence, as regards man, who has God above him, charity which unites him to God, is greater than mercy, whereby he supplies the defects of his neighbor. But of all the virtues which relate to our neighbor, mercy is the greatest, even as its act surpasses all others, since it belongs to one who is higher and better to supply the defect of another, in so far as the latter is deficient. (196/298)

due to another. Exception must be made in cases of extreme need, for then he could and should even take what belongs to another in order to succor a parent.

Reply Obj. 5: There are three ways in which a prelate can rob the Church of her property. First by laying hands on Church property which is committed, not to him but to another; for instance, if a bishop appropriates the property of the chapter. In such a case it is clear that he is bound to restitution, by handing it over to those who are its lawful owners. Secondly by transferring to another person (for instance a relative or a friend) Church property committed to himself: in which case he must make restitution to the Church, and have it under his own care, so as to hand it over to his successor. Thirdly, a prelate may lay hands on Church property, merely in intention, when, to wit, he begins to have a mind to hold it as his own and not in the name of the Church: in which case he must make restitution by renouncing his intention.

SIXTH ARTICLE [II-II, Q. 62, Art. 6]

Whether He That Has Taken a Thing Is Always Bound to Restitution?

Objection 1: It would seem that he who has taken a thing is not always bound to restore it. Restitution re-establishes the equality of justice, by taking away from him that has more and giving to him that has less. Now it happens sometimes that he who has taken that which belongs to another, no longer has it, through its having passed into another's hands. Therefore it should be restored, not by the person that took it, but by the one that has it.

Obj. 2: Further, no man is bound to reveal his own crime. But by making restitution a man would sometimes reveal his crime, as in the case of theft. Therefore he that has taken a thing is not always bound to restitution.

Obj. 3: Further, the same thing should not be restored several times. Now sometimes several persons take a thing at the same time, and one of them restores it in its entirety. Therefore he that takes a thing is not always bound to restitution.

On the contrary, He that has sinned is bound to satisfaction. Now restitution belongs to satisfaction. Therefore he that has taken a thing is bound to restore it.

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Summa Theologica, Part II-II (Secunda Secundae) · Thomas, Aquinas, Saint · 1271–1273