18. And if men strive together. The punishment here enacted for wounds and blows is so slight, that it might have served as a provocative to the mischievousness of the ill-disposed. Since the Law of the Twelve Tables only inflicted a fine of twenty-five asses upon a man who had beaten another unjustly, there was a certain Lucius Veratius, (35) who, in mere wanton sport, did not hesitate to box the ears of any one he met, and then to command one of his slaves to pay the amount of the fine, so that it was at length thought better that the law should fall into desuetude, than to suffer it to be thus ridiculously abused. The same thing might easily happen among the Jews, since a person, who had so beaten his neighbor as that he should lie in bed, only had to pay what the unhappy man had expended on his cure. For who would not willingly enjoy the pleasure of knocking down his enemies on this condition, of providing for their subsistence whilst they lay in bed? But we must remember the declaration of Christ, that on account of the perverse nature of the Jews, many things were allowed them “because of the hardness of their hearts,” (Matthew 19:8, and Mark 10:5,) amongst which this indulgent provision is to be reckoned. Still God seems to have dealt more leniently with the man who had struck the blow, that He might also chastise the other, who, though of inferior strength, had rashly engaged in the conflict; for both were to be alike punished for the violence unjustly inflicted. Equal lenity seems, therefore, to have been shown to both, since compensation is only made to the person struck for his private loss. (36) But the fact, that God did not carry out the political laws to their perfection, shows that by this leniency He wished to reprove the people’s perverseness, which could not even bear to obey so mild a law. Whenever, therefore, God seems to pardon too easily: and with too much clemency, let us recollect that He designedly deviated from the more perfect rule, because He, had to do with an intractable people.
(35) Aul. Gellius. Noct. Attic., 20:1.
(36) “Ainsi il semble bien que tous deux ont este supportez quant au delict public, quand il n’y a que le dommage particulier qui soit recompense;” thus it plainly appears that both were set free, as regarded the public offense, since it was only the private injury for which compensation was made. — Fr.