Fines were permitted at the option of the injured party as a special privilege to freedmen (slaves being punished), and in earliest times the money was presented to the priest or at the sanctuary. It was not in accordance with Sem. doctrine to com- pel the aggrieved to accept material compensation (\V. R. Smith, RS 329, 378). In the case of a mortal result, the mulct which might be in lieu of corporal penalty was called ' ransom (RV ' redemp- tion') of life' (fix 21*'), but was never allowed for wilful murder (Nu 35"-'^). The specific amount was generally left to be determined oy the judicial tribunal (Ex 21—-*'), but the sum for fatal injury by an ox to a servant was fixed at 30 shekels (fcx 21'*), for humbling an unbetrothed virgin at 50 shekels (Dt 22*"), and the highest amount named
CRLMES A'SD PUNISHMENTS
CRIMES AND PUNISHMENTS 62&
is for slander against a wife's chastity, 100 shekels (Dt 2-2'"). See Restitution.
Flaying is mentioned (fig.) Mic 3*-K It was a practice in Assyria, though the victim may have
£revioiisIy died (Itawlinson, Anc. Mun. i. 478 ; layard, yin. and Bub. ; Mon. of Nin.). Tlie Persians would flay and tlien crucify (Rawlinson, Lii. 246 ; also recognized in the Zendavesta). Herodotus (iv. 64, v. 25) states that Persians and Scythians used the skins so obtained.
Hanging consisted usually in the suspension of the lifeless form as a mark of reproach. By this David showed his disapproval of the slaughter of Ishbosheth (2 S 4"). 1 he person whose body was so exposed was ' accursed of God ' (Dt 21^, Gal 3"), and lor this reason it mi"ht not remain in view over ni^ht (Jos S'" 10^). Ihis word is used for the act of impaling (d>'o(r/toXorrii'ei», Ezr 6"), a common custom in Assyria. A sharp-pointed stake in a perpendicular position penetrated the body just below the breast- bone (Rawlinson, Anc. Mon. i. 477). It was frequent in Persia. Darius impaled 3000 Babj'lonians (Layard, Kin. and Bab. 295 n. ; Herodotus, iii. 159). The Philistines gibbeted (on crosses, Jos. Ant, VI. xiv. 8) the dead bodies of Saul and Jonathan (1 S 31'«, 2 S 21"- "). Other Greek words used to represent this act are ^fvXidj'fii' and rapaStiyitarlitty, for which the Vulg. uses crucifigcre (see Cross); and so St. Paul, according to the accepted exegesis of the time, applied Dt 21^ to the Ignominy of Jesus. Execution on the gallows was not prescribed for any crime in the Jlosaic code. There is a dill'erence of opinion whether the chief baker (Gn 41") lost his life by being hanged by theneck, or whether his liody.afterbeingdespatcheu, was exposed to shame (Wilkinson, Anc. Egyptians, ii. 213). In later history ollenders were hanged by the hands (La 5", Targ. 12), and in 1 Mac P' it is stated that dead children were hanged to the necks jf their mothers. Ahithophel (2 S 17^) and Judas (Mt 27', Ac 1'*) voluntarily, in chagrin and re- morse, took their lives by hanging. There is an apparent allusion to this form of punishment in 1 K 2CP'). The Gibeonites may have adopted this method of avengeraent on the sons of Saul (2 S 21"), because it was in vogue among the alrariginal nations of the land. Stanley (Hist. Jew. Ch. ii. 37) says the victims were first crucified, then suspended. Under tlie Persian rule there was resort to the allows (j'V, but called 'tree' in Gn 40'", Dt21") or punishing the conspirators against Ahasuerus ( Est 2-^), Hainan ("'• '") and his ten sons (9") ; possibly the same as impalement.
Imprisonment. — Ollenders were confined by the Israelites as well as other nations. The prison was often used merely for keeping a person in ward until the pleasure of the judicial power should be known. So Joseph by Potiphar (Gn 39-''-='); the son of Shelomith, for blasphemy (Lv 24") ; the m.an who gathered sticks on the Sabbath (Nu 15**) ; the apostles after healing the lame man (Ac 4') ; St. Peter, by order of Herod, till a convenient time for his execution (Ac 12'). Incarceration was often accompanied with other punishments (cf. Samson grinding for the Philistines, Jg 16-'), or it was re- gardcMl as an alternative (Kzr 7'-'"). Jeremiah was smitten as well as imprisoned (Jer 37"). The murderer and debtor might be delivered both to prison and the tormentors (Mt IS*^). Zedekiah used the prison for the protection of Jeremiah from his enemies (.Jer 37"). He was then transferred to the princes, who cast him into the dungeon or ]iit (Jer 38'). For the Eng. word 'dungeon' or ■prison' in On 40" 39*>, 1 K 22-'^, 2 K 25", 2 Ch 16", Ps 142', Ec 4", Is 24« 42', Jer 37*-" 52", there are eight difl'erent roots in the Heb. which would imply that detention of those under accusa- tion or in disfavour was regular and ([uite common,
fc
the confinement itself being for the purpose oi punishment. Confinement in jail was inflicted as a preliminary punishment by Ahab on Micaiah, accompanied with spare bread and water diet ( 1 K 2-I-'') ; by Asa on Hanani (2 Ch 16'">). The motive of Herod in imprisoning John the Baptist is un- certain (Mt 4'^). Baralibas was committed for insurrection, and it would appear as if this were intended to be final (Lk 23'"). In the prison-house, which might contain cells (Jer 37"), there was sometimes a pit with or without water (Jer 38", Zee 9"), and the court of the prison is mentioned in Jer 37, 38, 39, and elsewhere. In some pri.sons there were stocks (Jer 2U'' 29-", Ac 16-^). To the Kom. prison there were three parts : communiora, uUeriura, where Paul and Silas were kept, and the Tullianum or dungeon, the place of execution (Conybeare and Howson, St. Paul, i. 304 n.). There is an allusion to prisoners at labour in Job 3", and they might be held in chains (Ps 105"* 107'", Jer 40^).