5. On The One Providing Recourse

107. The one providing recourse, or receiving, is he who provides refuge to an evildoer or thief as such,⁵¹ either a) so that he may escape safely from those pursuing, or b) so that he may be able to deposit stolen goods. I have said as such, because if he receives and favors him not as a thief or evildoer, but as a friend, or kinsman, or one worthy of mercy, he is not a receiver or one providing recourse. By deserved right receivers of evildoers of this kind are punished gravely by civil law; for they often cause greater damage than the evildoers or thieves themselves.⁵² But in the forum of conscience receivers are held to repairing damages, insofar as a) they render evildoers more secure for doing injuries, and b) they are the cause why the goods taken away are not restored. Receivers of this kind are especially several so-called "dealers in antiquities"⁵³ and dealers in old things,⁵⁴ who knowingly buy from servants, sons of families, and other men things taken away by theft. As to the mode of restitution, these receivers are to be treated like possessors in bad faith, or sometimes (if the thing bought is not certainly taken away by theft) like possessors in doubtful faith.⁵⁵

The one providing recourse not rarely also participates in the thing unjustly taken away. But then he is held to restitution not only as one providing recourse, but also as one participating in the prey; concerning this there will immediately be discussion.

⁵¹ Commonly Hehler, receleur, receiver of stolen goods.

⁵² Hence the common adage: "Without a receiver, no thief!" "If there were no receiver, there would be no thief."

⁵³ Altertumshändler, antiquaire.

⁵⁴ Althändler, Trödler, brocanteur.

⁵⁵ Cf. below n. 216 sqq.