ves to each one what is his, so that
for this reason theft is contrary to justice, through being a taking
of what belongs to another. Secondly, because of the guile or fraud
committed by the thief, by laying hands on another's property
secretly and cunningly. Wherefore it is evident that every theft is a
sin.

Reply Obj. 1: It is no theft for a man to take another's property
either secretly or openly by order of a judge who has commanded him
to do so, because it becomes his due by the very fact that it is
adjudicated to him by the sentence of the court. Hence still less was
it a theft for the Israelites to take away the spoils of the
Egyptians at the command of the Lord, Who ordered this to be done on
account of the ill-treatment accorded to them by the Egyptians
without any cause: wherefore it is written significantly (Wis.
10:19): "The just took the spoils of the wicked."

Reply Obj. 2: With regard to treasure-trove a distinction must be
made. For some there are that were never in anyone's possession, for
instance precious stones and jewels, found on the seashore, and such
the finder is allowed to keep [*Dig. I, viii, De divis. rerum: Inst.
II, i, De rerum divis.]. The same applies to treasure hidden
underground long since and belonging to no man, except that according
to civil law the finder is bound to give half to the owner of the
land, if the treasure trove be in the land of another person [*Inst.
II, i, 39: Cod. X, xv, De Thesauris]. Hence in the parable of the
Gospel (Matt. 13:44) it is said of the finder of the treasure hidden
in a field that he bought the field, as though he purposed thus to
acquire the right of possessing the whole treasure. On the other Land
the treasure-trove may be nearly in someone's possession: and then if
anyone take it with the intention, not of keeping it but of returning
it to the owner who does not look upon such things as unappropriated,
he is not guilty of theft. In like manner if the thing found appears
to be unappropriated, and if the finder believes it to be so,
although he keep it, he does not commit a theft [*Inst. II, i, 47].
In any other case the sin of theft is committed [*Dig. XLI, i, De
acquirend. rerum dominio, 9: Inst. II, i, 48]: wherefore Augustine
says in a homily (Serm. clxxviii; De Verb. Apost.): "If thou hast
found a thing and not returned it, thou hast stolen it" (Dig. xiv, 5,
can. Si quid invenisti).

Reply Obj. 3: He who by stealth takes his own property w