The History of Antiquity, Vol. 2 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 2 (of 6)
Duncker, Max
History, Ancient
For the legal process we find in the law no more than the regulation
"that one witness shall not bear evidence against a man for his death,"
_i.e._ that one witness was not sufficient to establish a serious
charge, that "injustice shall not be done in judgment, that the person
of the small shall not be disregarded, nor the person of the great
honoured;" "according to law thou shalt judge thy neighbour."[409] For
every injury done to the person or property of another, the guilty shall
make reparation. We know already the old ordinances which require life
for life, eye for eye, and tooth for tooth (I. 485). Injury to property
and possession was to be fully compensated; even the injury done by his
beast was to be compensated by the master. Theft was merely punished by
restoring four or five times the value of the stolen goods. If the thief
could not pay this compensation he was handed over to the injured man as
a slave. But any one who steals a man in order to keep him as a slave,
or to sell him, was to be punished with death.[410] If a murder was
committed, the avenger of blood, _i.e._ the nearest relative and heir of
the murdered man, was to pursue the murderer and slay him, wherever he
met him, as soon as it was established by two persons that he was really
guilty. The law even forbade the avenger of blood to accept a ransom
instead of taking the life of the guilty, because the land was
desecrated by the blood of the murdered man, "and the land is not
cleansed from the blood spilt, save by the blood of the murderer." An
exception was allowed only when one man slew another by accident, and
without any fault of his own, and not out of hostility or hatred. In
this case the slayer was to fly into one of the six cities which were
marked out as cities of refuge.[411] From the elders of the city the
pursuing avenger of blood was to demand the delivery of the slayer, and
they were to decide whether the act was done from hatred and hostility,
or was merely an accident. If the elders decided in favour of the first
alternative, they were to give up the guilty into the hands of the
avenger of blood, that he might die. In the other case, the slayer must
remain in the city of refuge till the death of the high priest, and the
avenger was free from the guilt of bloodshed if before that time he met
him beyond the confines of the city of refuge and slew him.[412] The
regulations of the priests even went so far as to lay down a rule that
if a savage bull slew a man the bull was not only to be stoned, and not
eaten as an unclean animal, but his master also must die, or at any rate
pay a ransom, if he knew that the animal was savage, and yet did not
control him.[413]
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