V
Vouthon
Guest
See my quotation above from Cardinal Cajetan. This natural right was deemed capable of ecclesiastical or legal enforcement with penalties (i.e. excommunication if by a church court).Is this your commentary?
Cardinal Cajetan, one of the greatest commentators on St Thomas, suggested in the early sixteenth century, that if an individual were unwilling to help the poor out of his superfluous wealth, he could be forced by the State to do so; the State would here be acting in the interests of justice in removing the administration of his goods from one who had shown himself unworthy (In 2-2, I18, 4).
According to medieval Christian theory, superfluous wealth was held in stewardship for the relief of the poor . “Whatever certain people have in superabundance is due, by natural law , to the succouring of the poor .” (146, II, II, q. 66, art. 7)
I’ll direct you to a scholarly source:
https://www.jstor.org/stable/1051779?seq=1#metadata_info_tab_contents
From Natural Law to Human Rights
Journal of Law and ReligionVol. 14, No. 1 (1999 - 2000), pp. 77-96 (20 pages)
Published by: Cambridge University Press
If the bishop determined that this course of action was necessary, the rich person could in theory do nothing but hand over the funds for the relief of the poor or else could be prohibited from receiving the sacraments (and in the Middle Ages, excommunication was serious business).As is well known, the scholastics in the twelfth and thirteenth centuries defended the view that the rich have an obligation to share their goods with the poor…For example, the canonist Laurentius, who says that when the poor person takes from another under press of necessity, it is "as if he used his own right and his own thing."
Moreover, as Tierney goes on to show, this came to be recognized as a right which could be adjudicated at law.
Alongside the formal judicial procedures inherited from Roman law the canonists had developed an alternative, more simple, equitable process known as "evangelical denunciation."
By virtue of the authority inhering in his office as judge, a bishop…could provide a remedy without the plaintiff bringing a formal action.
From about 1200 onward several canonists argued that this procedure was available to the poor person in extreme need. He could assert a rightful claim by an "appeal to the office of the judge."
The bishop could then compel an intransigent rich man to give alms from his superfluities, by excommunication if necessary. The argument gained general currency when it was assimilated into the Ordinary Gloss to the Decretum Gratiani (Code of Canon Law of the Church)
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