The former is the concern of private persons, the latter of kingdoms. Tierney first wrote about this chapter in Medieval Poor Law. He returned to it again in The Idea of Natural Rights. Not even a penance could be imposed on a person. The common principle was, Necessity made licit what otherwise was illicit.
Necessity makes all property common.
Only at the end of his commentary did he depart from the standard commentary. A text in Gratian's Decretum seems to forbid it. Nevertheless the urgent necessity of hunger permits them to eat it. When two precepts conflict, one of natural law and one of positive law, natural law always prevails. Natural rights do have, I suppose, their limits.