With most nations the _Lex talionis_, or punishment of retaliation--an eye
for an eye, a limb for a limb--has found a place in the penal system. It
was not, indeed, always carried out to its logical conclusion, but rather
became the subject of many subtle distinctions. Among the Athenians, Solon
decreed that whoever put out the eye of a one-eyed person should for so
doing lose both his own. But what, it was asked, should be done where a
one-eyed man happened to put out one of his neighbour's eyes? Should he
lose his only eye by way of retaliation? If so, he would then be quite
blind, and would so suffer a greater injury than he had caused. The law of
the Jews and Egyptians compelled anyone, who without lawful excuse was
found with a deadly poison in his possession, to himself swallow the
poison. An instance of a kind of _lex talionis_ in our own country is
found in the reign of Edward I., when incendiaries were burnt to death.
Another example is that, from the reign of Henry VIII. to that of George
IV., to strike a blow and draw blood within the precincts of the King's
palace, entailed on the offender the loss of his right hand. Here are some
of the regulations prescribed by the statute 33 Henry VIII., chapter 12,
for the infliction of the punishment:--
"viii. And for the further declaration of the solemn and due
circumstance of the execution appertaining and of long time used and
accustomed, to and for such malicious strikings, by reason whereof
blood is, hath been, or hereafter shall be shed against the King's
peace. It is therefore enacted by the authority aforesaid, that the
Sergeant or Chief Surgeon for the time being, or his deputy of the
King's household, his heirs and successors, shall be ready at the time
and place of execution, as shall be appointed as is aforesaid, to sear
the stump when the hand is stricken off.
"ix. And the Sergeant of the Pantry shall be also then and there ready
to give bread to the party that shall have his hand so stricken off.
"x. And the Sergeant of the Cellar shall also be then and there ready
with a pot of red wine to give the same party drink after his hand is
so stricken off and the stump seared.
"xi. And the Sergeant of the Ewry shall also be then and there ready
with cloths sufficient for the Surgeon to occupy about the same
execution.
"xii. And the Yeoman of the Chandry shall also be then and there, and
have in readiness seared cloths sufficient for the Surgeon to occupy
about the same execution.
"xiii. And the Master Cook shall be also then and there ready, and
shall bring with him a dressing-knife, and shall deliver the same
knife at the place of execution to the Sergeant of the Larder, who
shall be also then and there ready, and hold upright the
dressing-knife till execution be done.
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