Chapter — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)
Chapter VIII. On the Obligations of Guards
- Guards are those who are placed over the keeping of forests, fields, etc., by the Prince or by a community or by a private lord. Besides the sin which they commit against the oath by keeping negligently 1, they sin against commutative justice toward those damaged; and, in defect of those causing damage, they are bound concerning damages culpably not prevented, especially in the following cases:
1 ** It is supposed, of course, that an oath is exacted from these; and yet it is easily plain that this is very imprudent, and uniquely suitable for entangling and ensnaring even timorous consciences. For even those few things which the Author subjoins show that very many questions, and those not easy to solve, occur in this matter; likewise no one is ignorant that questions about the obligation of an oath, namely when and of what kind it is present for the diversity of cases, are not easy to solve; but on the other hand here the matter is with men rude in talent and learning, who are scarcely found fit for seeing clearer and grosser things. What therefore is to be expected from oaths of this sort, except a heap of insoluble difficulties?
1º If they do not report delinquents in grave matter within the determined time. Nevertheless they are probably bound only by reason of the damage, not by reason of the fine. 2º If afterward before the judge they do not sustain the report duly made; if they accept gifts in order not to report. 3º If they report innocent persons from hatred, revenge, etc., or if they denounce for merely accidental damage. - St. Ligorius, n. 237, and Hom. apost., n. 73.
- QUESTION. Are guards always bound to denounce delinquents?
Resp. They are bound to denounce whenever the damage is notable, unless the delinquents spontaneously offer themselves to compensate it secretly. But they can sometimes act more mildly with those causing damage, if the damages, for example, are of lesser moment and have not been repeated more often; if it can prudently be presumed that the owner does not wish the delinquent to be reported; if the delinquent is very poor and is not accustomed to commit offenses, etc.; but let guards carefully beware lest in these things they indulge more than is right.