Restitution may, perhaps, hardly be regarded as a penalty. Thus a man who was found in possession of lost property had to restore it. In case of loss caused by neglect or ill-treatment of hired property, or of goods deposited or intrusted, or by want of care in treating diseased limbs, restitution, goods for goods, ox for ox, ass for ass, et cetera, was ordered.[157]
Multiple restitution
But restitution of many times the damage inflicted is a distinct penalty. The Code orders threefold for cheating a principal,[158] fivefold for loss or theft of goods by carrier,[159] sixfold for defrauding an agent,[160] tenfold for theft by a poor man, or for careless loss by shepherd or herdsman,[161] twelvefold for a false sentence by a judge,[162] thirtyfold for theft on the part of a gentleman.
Retaliation
The infliction of the same loss on a criminal that he caused another is seen in the cases of mutilation, eye for eye, limb for limb, tooth for tooth,[163] but also in the penalty of son for son, daughter for daughter, slave for slave;[164] and in the rule that a vexatious suitor shall pay the penalty which his suit was calculated to bring on the defendant.
Vicarious punishment
This retaliation is the explanation of what seems to be vicarious punishment, where a man suffers in the person of his son, or daughter, for the loss he has caused to the son or daughter of another.[165]
Loss of claim
Another penalty was the voidance of a claim. If a man took the law into his own hands to repay his debt, he lost all claim to recover it through the courts. When the purchase was illegal and void, as that of an officer's benefice or of a ward's property, the purchaser had to return his purchase and lose what he had paid for it.
Cases where no claim is allowed