In order that the scales of justice may not incline more to the side of compassion than it is proper, a more serious penalty should not be imposed upon delinquents than their offences demand. For if too great commiseration is manifested by the law it would give rise to contempt, and encourage evil deeds; and if, on the other hand, a more severe penalty than is merited should be imposed, then the ends of justice will not be accomplished, and when the laws appear to do something which is equitable, they really effect what is absolutely unjust. But with what object in view has this statement been made? Because there is a law which punishes with death (but I do not know in what way), although it has been decided that anyone who appropriates the slave of another is liable to it, in which instance the penalty is certainly not in proportion to the crime. For if what cannot be recovered is not lost, it is unjust to impose the death penalty upon one who has sold a slave, and thereby inflict upon him irreproachable injury; therefore, since this is the case, and persons undeservedly are subjected to such severe retribution, and as custom has disregarded this law to such an extent that it does not deprive those who steal slaves of life but punishes them in a different manner, We, excluding the said law from all constitutions, do hereby confirm as legal what has been established by usage; and We order that the delinquent shall be compelled to surrender a slave, and pay an amount equal to his value, as well as to give up everything which he had acquired by the industry of said slave, and, in addition to this, pay the owner of the latter all that he would have been able to obtain if the slave had not been stolen; and after this has been done, the delinquent shall not suffer any other punishment. Thus, he who loses the slave will be sufficiently indemnified, and the person who appropriated him will be suitably punished, for the former will recover the slave together with all the accessions which he had been instrumental in obtaining, and by doing so will enjoy the same advantages as if he had not been taken from him; and the latter will be obliged to give him up, and at the same time pay his value, and will profit in no way whatever by his services.