Doubt VI: When things acquired by fowling, fishing, and hunting are to be restored

I SPEAK as to Wild Beasts, Fish, and Birds, which by the law of nations can be free, and then no restitution is to be made, if they are captured, because thus they become the first occupant's.

WHEN, however, they are fed by someone in enclosed places, so that he may take them at will, or they go and return home. These, however, if they inflict damage on others, compel to restitution. And this seems true also of Doves; yet Sylvester does not compel them, verb. restit. 2. quaest 4. nor Valencia quaest. 6. punct. 5. bringing forward a witty reason, because by fertilizing the fields with their droppings, they give back as much as they damage.

FURTHERMORE, that Dovecotes are licit is commonly asserted with Navarrus num 126. See Tannerus disp. 4. quaest. 6. num. 352. Casas disp. 6. sect. 1. But if they fly often to another's Dovecote, and rest and dwell there, dominion is transferred. Instit. de rerum divisione.

THE SAME is said of Wild Beasts fleeing away, so that you can no longer pursue them, and of Bees ex Instit. cit. §. ff. lib. 3. 4. et 5. See Tannerus num. 354.

SECOND, if Beasts, fish, or birds are captured in a place reserved by the Prince, they seem to be things to be restored. Valencia, however, presupposes quaest. 6. punct. 5. Medina quaest. 12. de rebus restit. Sotus lib. 4. de Iust. quaest. 6. art. 4. Nauar. cap. 17. num. 120. and 114. that the Prince can reserve to himself certain places for hunting for his recreation from the labors and occupations which he sustains for the public good: He proves this at length, Covarruvias relect. in Reg. peccatum, p. 2. § 8. and there follow Casas disp. 6. sect. 2. Diana p. 2. Tract. 6. resol. 18. Valerus v. peccatum, differ. 16. who also extends the same to certain magnates, with Villalob. Tom. 1. Tract. 10. diffic. 16. num. 7. Wherefore Diana says that a certain Magnate defended himself in this way. So also Tannerus num. 350.

YET with this condition, that they inflict no damage on the peoples unwilling. But if they consent truly, and spontaneously, the Prince will not be held to restitution. So Cajetan opusc. 17. qq. cap. 11. Covarruvias num. 11. Navarrus num. 110. and Valencia. Ven. Bonaventure also asserts the same. Note that hunting is forbidden to clerics, clamosa cap. 1. de cler. ven. yet if it be exercised with a few dogs, Diana concedes it p. 2. Tract. 6. resol. 19. Indeed, hunting is rarely permitted, even though it be clamorous; with Valero v. Peccatum, diff. 20. and Rebellion lib. 1. quaest. 14. num. 10. and others.