not bound to make restitution; but only to take an oath in order to clear himself of suspicion.  Secondly, the goods deposited might be lost through an avoidable cause, for instance by theft:  and then the depositary was bound to restitution on account of his neglect.  But, as stated above (ad 4), he who held an animal on loan, was bound to restitution, even if he were absent 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 witnesses might not easily depart from the truth, the Law commanded that they should be most carefully examined, and that those who were found untruthful should be severely punished, as stated in Deut. 19:16, seqq.