im there and then, because
restitution is directed to the good of the person to whom it is made,
since all possessions come under the head of the useful. Yet he who
retains another's property must not appropriate it, but must either
reserve it, that he may restore it at a fitting time, or hand it over
to another to keep it more securely.
Reply Obj. 2: A person may give a thing unlawfully in two ways. First
through the giving itself being illicit and against the law, as is
the case when a man gives a thing simoniacally. Such a man deserves
to lose what he gave, wherefore restitution should not be made to
him: and, since the receiver acted against the law in receiving, he
must not retain the price, but must use it for some pious object.
Secondly a man gives unlawfully, through giving for an unlawful
purpose, albeit the giving itself is not unlawful, as when a woman
receives payment for fornication: wherefore she may keep what she has
received. If, however, she has extorted overmuch by fraud or deceit,
she would be bound to restitution.
Reply Obj. 3: If the person to whom restitution is due is unknown
altogether, restitution must be made as far as possible, for instance
by giving an alms for his spiritual welfare (whether he be dead or
living): but not without previously making a careful inquiry about
his person. If the person to whom restitution is due be dead,
restitution should be made to his heir, who is looked upon as one
with him. If he be very far away, what is due to him should be sent
to him, especially if it be of great value and can easily be sent:
else it should be deposited in a safe place to be kept for him, and
the owner should be advised of the fact.
Reply Obj. 4: A man is bound, out of his own property, to succor his
parents, or those from whom he has received greater benefits; but he
ought not to compensate a benefactor out of what belongs to others;
and he would be doing this if he were to compensate one with what is
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 th
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