6. Retaliation. Retaliation, the lex talionis of the Latins and the civrorerop06s of the Greeks, is doubtless the most natural of all kinds of pun ishment, and would be the most just of all, if it could be instantaneously and universally inflicted. But when delayed it is apt to degenerate into re venge. Hence the desirableness that it should be regulated and modified by law. The one-eyed man, mentioned by Diodorus Siculus (xii), com plained that if he lost his remaining eye, he would then suffer more than his victim, who would still have one left. Phavorinus argues against this law, which was one of the twelve tables, as not admitting literal execution, because the same member was more valuable to one man than an other ; for instance, the right hand of a scribe or painter could not be so well spared as that of a singer. Hence that law, in later times, was administered with the modification, 'Ni cum eo pacet', except the aggressor came to an agreement with the mutilated person, de talionc redimenda, redeem the punishment by making compensation. Moses accordingly adopted the principle, but lodged the application of it in the judge. 'If a man blemish his neighbor, as he hath done, so shall it be done to him. Life for life, eye for eye, tooth for tooth, wound for wound, stripe for stripe, breach for breach' (Exod. xxi :23-25 ; Lev. xxiv:19-22). His system of compensations, etc., occurs in Exod. xxi. He, however, makes will ful murder, even of a slave, always capital, as did the Egyptians. Roman masters had an absolute right over the life of their slaves (Juvenal, vi, 219). The Egyptians doomed the false accuser to the same punishment which he endeavored to bring on his victim, as did Moses (Dent. xix :19). Imprisonment, not as a punishment, but custody, till the royal pleasure was known• appears among the Egyptians (Gen. xxxix :20, 21). M'se< adopted it for like purposes (Lev. xxiv :12). In later times, it appears as a punishment inflicted by the kings of Judah and Israel (2 Citron. xvi:10; t Kings xxii :27; Jer. xxxvii :2t) ; and during the Christian era, as in the instance of John (Matt. iv :12), and Peter (Acts xii:4). Murderers and debtors were also committed to prison; and the latter 'tormented' till they paid (Matt. xviii:3o;
Luke xxiii :19). A common prison is mentioned (Acts v :18) ; and also an inner prison or dun geon, which was sometimes a pit ( Jer. xxxviii: 6 ; in which were 'stocks' (Jer. xx :2; xxix :26; Acts xvi :24). Prisoners are alluded to (Job iii: 18), and stocks (xiii :27). Banishment was im practicable among the Jews. It was inflicted by the Romans on John (Rev. i :9). Cutting or plucking off the hair is alluded to (Is. 1:6; Neh. xiii :25). Excision, or 'cutting off from his peo ple,' is denounced against the uncircumcised as early as the covenant with Abraham (Gen. xvii: 14). This punishment is expressed in the Mo saic law by the formulx—'that soul shall be de stroyed from its people' (Lev. xxiii :29, 3o) ; 'from Israel' (Exod. xii :t5) ; 'front the midst of the congregation' (Num. xix :2o) ; 'it shall be de stroyed' (Lev. xvii:i4; xx:i7) ; which terms sometimes denote capital punishment (Exod. xxxi :r4; comp. xxxv :2; Num. xv :32, etc.). (See ANATHEMA.) 7. Ecclesiastical Punishments. Ecclesias tical punishments are prescribed, as might be ex pected, under a theocracy, but these were moder ate. Involuntary transgressions of the Levitical law, whether of omission or commission, were atoned for by a sin-offering (Lev. iV:2, etc.; v:1, 4-7). This head embraced a rash or neglected oath, keeping back evidence in court (Lev. iv :2, etc.; vs; iv :7), breach of trust, concealment of prop erty when found, or theft, even when the offender had already cleared himself by oath, but was now moved by conscience to make restitution. By these means, and by the payment of twenty per cent. beyond the amount of his trespass, the of fender might cancel the crime as far as the church was concerned (Lev. vi :1-7; Num. v :6-to). Adultery with a slave was commuted from death to stripes and a trespass offering (Lev. xix :2° 22). All these cases involved public confession, and the expenses of the offering.
8. Future Punishment. Though the doctrine of a future state was known to the ancient He brews, yet temporal punishment and reward were the immediate motives held out to obedience. Hence the references in the Old Testament topun ishment in a future state are obscure and scanty. (See HADES; HEAVEN; HELL.) J. F. D.