CHAP. XIX.: Of the Law of Retaliation.

THE use of the law of retaliation It is established in the Koran. See the chapter of the cow. ^†197 is very frequent in despotic countries, where they are fond of

simple laws. Moderate governments admit of it sometimes; but with this difference, that the former exercise it in full rigour, whereas, among the latter, it ever receives some kind of limitation.

The law of the twelve tables admitted two; first, it never condemned to retaliation but when the plaintiff could not be satisfied in any other manner Si membrum rupit, ni cum eo pacit, talio esto. Aul. Gellius, lib. 20. c. 1. ^†198: secondly, after condemnation they might pay damages and interest See Kempfer. ^†199, and then the corporal was changed into a pecuniary punishment See also the law of the Visigoths, book 6. tit. 4. §. 3. and 5. ^†200.