, Who made the law concerning things
given to be kept, that He would preserve them safe, for them that had
deposited them." But the precepts of the Old Law observed little
caution in regard to deposits: since it is prescribed (Ex. 22:10, 11)
that when goods deposited are lost, the owner is to stand by the oath
of the depositary. Therefore the Law made unsuitable provision in
this matter.
Obj. 6: Further, just as a workman offers his work for hire, so do
men let houses and so forth. But there is no need for the tenant to
pay his rent as soon as he takes a house. Therefore it seems an
unnecessarily hard prescription (Lev. 19:13) that "the wages of him
that hath been hired by thee shall not abide with thee until morning."
Obj. 7: Further, since there is often pressing need for a judge, it
should be easy to gain access to one. It was therefore unfitting that
the Law (Deut. 17:8, 9) should command them to go to a fixed place to
ask for judgment on doubtful matters.
Obj. 8: Further, it is possible that not only two, but three or more,
should agree to tell a lie. Therefore it is unreasonably stated
(Deut. 19:15) that "in the mouth of two or three witnesses every word
shall stand."
Objection 9: Further, punishment should be fixed according to the
gravity of the fault: for which reason also it is written (Deut.
25:2): "According to the measure of the sin, shall the measure also
of the stripes be." Yet the Law fixed unequal punishments for certain
faults: for it is written (Ex. 22:1) that the thief "shall restore
five oxen for one ox, and four sheep for one sheep." Moreover,
certain slight offenses are severely punished: thus (Num. 15:32,
seqq.) a man is stoned for gathering sticks on the sabbath day: and
(Deut. 21:18, seqq.) the unruly son is commanded to be stoned on
account of certain small transgressions, viz. because "he gave
himself to revelling . . . and banquetings." Therefore the Law
prescribed punishments in an unreasonable manner.
Objection 10: Further, as Augustine says (De Civ. Dei xxi, 11),
"Tully writes that the laws recognize eight forms of punishment,
indemnity, prison, stripes, retaliation, public disgrace, exile,
death, slavery." Now some of these were prescribed by the Law.
"Indemnity," as when a thief was condemned to make restitution
fivefold or fourfold. "Prison," as when (Num. 15:34) a certain man is
ordered to be imprisoned. "Stripes"; thus (Deut. 25:2), "if they see
that the offender be worth
|