Readings.—Leo XIII., Encyclical on Christian Marriage, Arcanum divina sapientia; St. Thomas, Contra Gent., iii, 123.
CHAPTER VII.
OF PROPERTY.
SECTION I.—Of Private Property.
1. Property was called by the Romans res familiaris, the stuff and substance of the family. Property may be held by the individual for himself alone: but any large accumulation of it is commonly held by the head of a family, actual or potential, for the family; and he cherishes it for the sake of his family as much as, or even more than, for his own sake. This is to be borne in mind, for many errors in theory and in practice spring from a large proprietor figuring as an individual, and not as a sort of corporation sole in his capacity of paterfamilias.
2. We have seen (c. v., s. i., n. 2, p. 245) how man acquires a right over external goods, as it were setting the seal of his own personality upon them. It appears upon further consideration, that this right must extend beyond the mere making things your own for immediate use and consumption; it must extend to the storing of things for future and perennial use. Otherwise we have Communism. Communism allows men to hold property collectively in a common stock, and allows each member of the community to take for his peculiar own out of that stock whatever for the moment he needs; but it will not permit him to appropriate private means of subsistence against any notable time to come. Communism is very good in a family, which is an imperfect community, part of a higher community, the State. It is very good in a monastery, which is like a family: again, very good in the primitive Church at Jerusalem, which existed for the time on quasi-monastic lines: very good even in a perfect community, if such there be, of tropical savages, for whom nature supplies all things, bananas to eat and palm-leaves to wear, without any human labour of production; but very bad and quite unworkable everywhere else. St. Thomas, following Aristotle, puts it pithily and sufficiently: "Private property is necessary to human life for three reasons: first, because every one is more careful to look after what belongs to himself alone than after what is common to all or to many, since all men shun labour and leave to others what is matter of joint concern, as happens where there are too many servants: on another ground, because human affairs are more orderly handled, if on each individual there rests his own care of managing something, whereas there would be nothing but confusion, if every one without distinction were to have the disposal of any thing he chose to take in hand: thirdly, because by this means society is the rather kept at peace, every member being content with his own possession, whence we see that among those who hold any thing in common and undivided ownership strifes not unfrequently arise." (2a 2æ, q. 66, art. 2, in corp.)
3. If any revolutionist yet will have the hardihood to say with Proudhon, "Property is theft," we shall ask him, "From whom?" He will answer of course, "From the community." But that answer supposes the community to have flourished, a wealthy corporation, before private property began. Needless to say that history knows nothing of such a corporation. The saying, that in the beginning all things were in common, is not true in the sense that they were positively in common, like the goods of a corporation, which are collective property: but simply that they were negatively in common, that is, not property at all, neither of corporation nor of individual, but left in the middle open to all comers, for each to convert into property by his occupation, and by his labour to enhance and multiply. This must be modified by the observation, that the first occupants were frequently heads of families, or of small clans, and occupied and held for themselves and their people.
4. The saying, that all things are in common by the law of nature, must be received with still greater reserve. Really with as much truth it might be said that all men are unmarried, or unclad, or uneducated, by the law of nature. Nature unaided by human volition provides neither property, nor clothing, nor marriage, nor education, for man. But nature bids, urges and requires man to bestir his voluntary energies for the securing of all these things. The law of nature does not prescribe this or that particular distribution of goods, as neither does it join this man with that woman in marriage, nor insist on plaids rather than coats, nor set all boys to learn algebra, nor fix a ritual for divine worship; but it insists in the vague upon some worship, some education, some clothing, some marriage, and some distribution of goods, leaving the determination in each case to choice, custom, and positive law, human and divine.
5. All property that can ever be immediately serviceable for saving human life, is held under this burden, that a perishing fellow-creature, who cannot otherwise help himself in a case of extreme need (c. iv., n. 8, p. 243), may make such use of the property of another as shall suffice to rescue him from perishing off-hand. If he draws largely on another for this purpose, he ought to make compensation afterwards, if he has the means. This has been taken for a piece of the primeval rock of Communism cropping up from underneath subsequent human formations,—quite a mistaken notion. There is no Communism whatever in the transaction. Up to the instant when the needy man seizes the article that he requires to save him from death, that article still belongs to the owner from whom he takes it, who is bound in charity to give it to the needy party, but not in justice. Extreme need does not confer ownership, nor dispossess any previous owner: but it confers the right of taking what is another's as though it belonged to no one; and in the taking, the thing passes into the ownership of the new occupant, so that for the previous owner forcibly to resume it would be a violation of justice. English law does not recognise this right—properly enough, for with us it would be made a plea for much stealing—but refers the destitute to the parish. The law is considerately worked by the magistrates. A starving man, who took a loaf off a baker's tray, has been known to be sentenced to a few hours' imprisonment with two good meals.
6. As St. Paul says (2 Cor. xii. 14), "parents ought to lay up for their children," that they in whom their own existence is continued, may not be left unprovided for at their decease. The amount laid up necessary for this purpose, ought not to be diverted from it. Thus much at least Natural Law can tell us of the right of inheritance. And concerning testamentary right these natural considerations are forthcoming, that it adds to the desirability of property, that it secures deference to the wealthy in their old age, and that the abolition of it might be frustrated by an apparatus of confidential donationes inter vivos, that is to say, making the property over in trust before death. Further enlargement of the natural basis of testamentary right may be effected by the judicious reader.