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Objection 1: It would seem that children ought not to suffer any
loss through being illegitimate. For a child should not be punished on
account of his father's sin, according to the Lord's saying
(Ezech. 18:20). But it is not his own but his father's fault
that he is born of an unlawful union. Therefore he should not incur a
loss on this account.
Objection 2: Further, human justice is copied from Divine. Now
God confers natural goods equally on legitimate and illegitimate
children. Therefore illegitimate should be equalled to legitimate
children according to human laws.
On the contrary, It is stated (Gn. 25:5,6) that "Abraham
gave all his possessions to Isaac, and that to the children of the
concubines he gave gifts": and yet the latter were not born of an
unlawful intercourse. Much more, therefore, ought those born of an
unlawful intercourse to incur loss by not inheriting their father's
property.
I answer that, A person is said to incur a loss for some cause in two
ways: First, because he is deprived of his due, and thus an
illegitimate child incurs no loss. Secondly, because something is not
due to him, which might have been due otherwise, and thus an
illegitimate son incurs a twofold loss. First because he is excluded
from legitimate acts such as offices and dignities, which require a
certain respectability in those who perform them. Secondly, he incurs
a loss by not succeeding to his father's inheritance. Nevertheless
natural sons can inherit a sixth only, whereas spurious children cannot
inherit any portion, although by natural law their parents are bound to
provide for their needs. Hence it is part of a bishop's care to
compel both parents to provide for them.
Reply to Objection 1: To incur a loss in this second way is not a
punishment. Hence we do not say that a person is punished by not
succeeding to the throne through not being the king's son. In like
manner it is no punishment to an illegitimate child that he has no right
to that which belongs to the legitimate children.
Reply to Objection 2: Illegitimate intercourse is contrary to the
law, not as an act of the generative power, but as proceeding from a
wicked will. Hence an illegitimate son incurs a loss, not in those
things which come to him by his natural origin, but in those things
which are dependent on the will for being done or possessed.
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