when it depreciated or died: because he was held responsible for less
negligence than a depositary, who was only held responsible in case
of theft.
Reply Obj. 6: Workmen who offer their labor for hire, are poor men
who toil for their daily bread: and therefore the Law commanded
wisely that they should be paid at once, lest they should lack food.
But they who offer other commodities for hire, are wont to be rich:
nor are they in such need of their price in order to gain a
livelihood: and consequently the comparison does not hold.
Reply Obj. 7: The purpose for which judges are appointed among men,
is that they may decide doubtful points in matters of justice. Now a
matter may be doubtful in two ways. First, among simple-minded
people: and in order to remove doubts of this kind, it was prescribed
(Deut. 16:18) that "judges and magistrates" should be appointed in
each tribe, "to judge the people with just judgment." Secondly, a
matter may be doubtful even among experts: and therefore, in order to
remove doubts of this kind, the Law prescribed that all should
foregather in some chief place chosen by God, where there would be
both the high-priest, who would decide doubtful matters relating to
the ceremonies of divine worship; and the chief judge of the people,
who would decide matters relating to the judgments of men: just as
even now cases are taken from a lower to a higher court either by
appeal or by consultation. Hence it is written (Deut. 17:8, 9): "If
thou perceive that there be among you a hard and doubtful matter in
judgment . . . and thou see that the words of the judges within thy
gates do vary; arise and go up to the place, which the Lord thy God
shall choose; and thou shalt come to the priests of the Levitical
race, and to the judge that shall be at that time." But such like
doubtful matters did not often occur for judgment: wherefore the
people were not burdened on this account.
Reply Obj. 8: In the business affairs of men, there is no such thing
as demonstrative and infallible proof, and we must be content with a
certain conjectural probability, such as that which an orator employs
to persuade. Consequently, although it is quite possible for two or
three witnesses to agree to a falsehood, yet it is neither easy nor
probable that they succeed in so doing: wherefore their testimony is
taken as being true, especially if they do not waver in giving it, or
are not otherwise suspect. Moreover, in order that witn
|