[II-II, Q. 69, Art. 4]

Whether a Man Who Is Condemned to Death May Lawfully Defend Himself If He Can?

Objection 1: It would seem that a man who is condemned to death may lawfully defend himself if he can. For it is always lawful to do that to which nature inclines us, as being of natural right, so to speak. Now, to resist corruption is an inclination of nature not only in men and animals but also in things devoid of sense. Therefore if he can do so, the accused, after condemnation, may lawfully resist being put to death.

Obj. 2: Further, just as a man, by resistance, escapes the death to which he has been condemned, so does he by flight. Now it is lawful seemingly to escape death by flight, according to Ecclus. 9:18, "Keep thee far from the man that hath power to kill [and not to quicken]" [*The words in the brackets are not in the Vulgate]. Therefore it is also lawful for the accused to resist.

Obj. 3: Further, it is written (Prov. 24:11): "Deliver them that are led to death: and those that are drawn to death forbear not to deliver." Now a man is under greater obligation to himself than to another. Therefore it is lawful for a condemned man to defend himself from being put to death.

_On the contrary,_ The Apostle says (Rom. 13:2): "He that resisteth the power, resisteth the ordinance of God: and they that resist, purchase to themselves damnation." Now a condemned man, by defending himself, resists the power in the point of its being ordained by God "for the punishment of evil-doers, and for the praise of the good" [*1 Pet. 2:14]. Therefore he sins in defending himself.

_I answer that,_ A man may be condemned to death in two ways. First justly, and then it is not lawful for the condemned to defend himself, because it is lawful for the judge to combat his resistance by force, so that on his part the fight is unjust, and consequently without any doubt he sins.

Secondly a man is condemned unjustly: and such a sentence is like the violence of robbers, according to Ezech. 22:21, "Her princes in the midst of her are like wolves ravening the prey to shed blood." Wherefore even as it is lawful to resist robbers, so is it lawful, in a like case, to resist wicked princes; except perhaps in order to avoid scandal, whence some grave disturbance might be feared to arise.

Reply Obj. 1: Reason was given to man that he might ensue those things to which his nature inclines, not in all cases, but in accordance with the order of reason. Hence not all self-defense is lawful, but only such as is accomplished with due moderation.

Reply Obj. 2: When a man is condemned to death, he has not to kill himself, but to suffer death: wherefore he is not bound to do anything from which death would result, such as to stay in the place whence he would be led to execution. But he may not resist those who lead him to death, in order that he may not suffer what is just for him to suffer. Even so, if a man were condemned to die of hunger, he does not sin if he partakes of food brought to him secretly, because to refrain from taking it would be to kill himself.

Reply Obj. 3: This saying of the wise man does not direct that one should deliver a man from death in opposition to the order of justice: wherefore neither should a man deliver himself from death by resisting against justice. _______________________

[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 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. _______________________

NINTH

[II-II, Q. 118, Art. 3]

Whether Covetousness Is Opposed to Liberality?

Objection 1: It seems that covetousness is not opposed to liberality. For Chrysostom, commenting on Matt. 5:6, "Blessed are they that hunger and thirst after justice," says, (Hom. xv in Matth.) that there are two kinds of justice, one general, and the other special, to which covetousness is opposed: and the Philosopher says the same (Ethic. v, 2). Therefore covetousness is not opposed to liberality.

Obj. 2: Further, the sin of covetousness consists in a man's exceeding the measure in the things he possesses. But this measure is appointed by justice. Therefore covetousness is directly opposed to justice and not to liberality.

Obj. 3: Further, liberality is a virtue that observes the mean between two contrary vices, as the Philosopher states (Ethic. i, 7; iv, 1). But covetousness has no contrary and opposite sin, according to the Philosopher (Ethic. v, 1, 2). Therefore covetousness is not opposed to liberality.

_On the contrary,_ It is written (Eccles. 5:9): "A covetous man shall not be satisfied with money, and he that loveth riches shall have no fruits from them." Now not to be satisfied with money and to love it inordinately are opposed to liberality, which observes the mean in the desire of riches. Therefore covetousness is opposed to liberality.

_I answer that,_ Covetousness denotes immoderation with regard to riches in two ways. First, immediately in respect of the acquisition and keeping of riches. In this way a man obtains money beyond his due, by stealing or retaining another's property. This is opposed to justice, and in this sense covetousness is mentioned (Ezech. 22:27): "Her princes in the midst of her are like wolves ravening the prey to shed blood . . . and to run after gains through covetousness." Secondly, it denotes immoderation in the interior affections for riches; for instance, when a man loves or desires riches too much, or takes too much pleasure in them, even if he be unwilling to steal. In this way covetousness is opposed to liberality, which moderates these affections, as stated above (Q. 117, A. 2, ad 3; A. 3, ad 3; A. 6). In this sense covetousness is spoken of (2 Cor. 9:5): "That they would . . . prepare this blessing before promised, to be ready, so as a blessing, not as covetousness," where a gloss observes: "Lest they should regret what they had given, and give but little."

Reply Obj. 1: Chrysostom and the Philosopher are speaking of covetousness in the first sense: covetousness in the second sense is called illiberality [*_aneleutheria_] by the Philosopher.

Reply Obj. 2: It belongs properly to justice to appoint the measure in the acquisition and keeping of riches from the point of view of legal due, so that a man should neither take nor retain another's property. But liberality appoints the measure of reason, principally in the interior affections, and consequently in the exterior taking and keeping of money, and in the spending of the same, in so far as these proceed from the interior affection, looking at the matter from the point of view not of the legal but of the moral debt, which latter depends on the rule of reason.

Reply Obj. 3: Covetousness as opposed to justice has no opposite vice: since it consists in having more than one ought according to justice, the contrary of which is to have less than one ought, and this is not a sin but a punishment. But covetousness as opposed to liberality has the vice of prodigality opposed to it. _______________________

FOURTH