Eye for eye, &c. This is termed the law of retaliation; and from hence heathen lawgivers took it, and put it among their other laws. It seems probable, that it was not necessary always to take it strictly and literally, but that it might in some cases be satisfied with pecuniary mulcts, or with such satisfaction as the injuring party would give, and the injured accept. Indeed, the injustice of the literal execution of it, in many cases, is apparent; as, when a man that had but one eye or hand, would be thereby condemned to lose it, which to him would be a far greater calamity than he had brought upon his neighbour, by depriving him of one of his eyes or hands. It is especially to be observed, that the execution of these laws was not put into the hands of private persons, and that they were not allowances for private revenge, but rules to regulate the magistrate's decision, who might go thus far, if he judged the heinousness of the offence required it, but no further; and, no doubt, might abate of this rigour when alleviating circumstances appeared to render it proper so to do.

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