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 th
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