[That the Same Punishment is Not to Be Inflicted for Every Offence, But Different Punishments for Different Offenders.]

XLVIII. Do not pass the same sentence for every sin, but one suitable to each crime, distinguishing all the several sorts of offences with much prudence, the great from the little. Treat a wicked action after one manner, and a wicked word after another; a bare intention still otherwise. So also in the case of a contumely or suspicion. And some thou shalt curb by threatenings alone; some thou shalt punish with fines to the poor; some thou shalt mortify with fastings; and others thou shalt separate according to the greatness of their several crimes. For the law did not allot the same punishment to every offence, but had a different regard to a sin against God, against the priest, against the temple, or against the sacrifice; from a sin against the king, or ruler, or a soldier, or a fellow-subject; and so were the offences different which were against a servant, a possession, or a brute creature. And again, sins were differently rated according as they were against parents and kinsmen, and those differently which were done on purpose from those that happened involuntarily. Accordingly the punishments were different: as death either by crucifixion or by stoning, fines, scourgings, or the suffering the same mischiefs they had done to others. Wherefore do you also allot different penalties to different offences, lest any injustice should happen, and provoke God to indignation. For of what unjust judgment soever you are the instruments, of the same you shall receive the reward from God. “For with what judgment ye judge ye shall be judged.”  220  Matt. vii. 2.

[48] Μὴ πάσης δὲ ἁμαρτίας ποιεῖσθε τὴν αὐτὴν ἀπόφασιν, ἀλλ' ἑκάστης ἰδίαν, μετὰ πολλῆς φρονήσεως κρίνοντες ἕκαστα τῶν πλημμελουμένων, τά τε σμικρὰ καὶ τὰ μεγάλα, καὶ ἄλλως ἔργου, καὶ λόγου πάλιν ἑτέρως, καὶ προθέσεως ἢ λοιδορίας ἢ ὑπολήψεως διαφόρως: καὶ τοὺς μὲν ὑποβαλεῖς μόναις ἀπειλαῖς, τοὺς δὲ πενήτων χορηγίαις, ἄλλους δὲ νηστείαις στιβώσεις, καὶ ἑτέρους ἀφορίσεις πρὸς τὸ μέγεθος τοῦ ἐγκλήματος αὐτῶν. Καὶ γὰρ καὶ ὁ Νόμος οὐ παντὸς ἁμαρτήματος τὴν αὐτὴν ἐποιεῖτο τιμωρίαν, ἀλλὰ ἄλλως μὲν τὰ εἰς Θεὸν καὶ εἰς ἱερέα καὶ εἰς ἱερὸν καὶ εἰς ἱερεῖον, ἑτέρως δὲ τὰ εἰς βασιλέα καὶ εἰς ἄρχοντα καὶ στρατιώτην καὶ ὑπήκοον, ὁμότιμον ἢ οἰκέτην, ἢ εἰς κτῆμα ἢ εἰς ἄλογον, καὶ πάλιν παρηλλαγμένως τὰ εἰς γονεῖς καὶ συγγενεῖς, ἄλλως τὰ ἐξ ἐφόδου, καὶ τὰ ἑκουσίως ἑτέρως: καὶ τοῖς μὲν θάνατον ἢ διὰ σταυροῦ ἢ τὸν διὰ λίθων, τοῖς δὲ ζημίαν ἢ μάστιγας ἢ τὸ τὰ ὅμοια παθεῖν οἷς ἔδρασαν. Οὐκοῦν καὶ ὑμεῖς τῶν διαφόρων ἁμαρτημάτων διαφόρους ποιεῖσθε καὶ τὰς τιμωρίας, ἵνα μή τις ἀδικία παρεμπεσοῦσα κινήσῃ τὸν Θεὸν εἰς ἀγανάκτησιν: ἧς γὰρ ἂν ἀδίκου κρίσεως μεσῖται γένησθε, ταύτης καὶ τὸν ἀπὸ Θεοῦ λήψεσθε μισθόν: »Ὧι γὰρ κρίματι κρίνετε, κριθήσεσθε.«