72. In the heroic times of Greece, the guilt of murder was expiated by a pecuniary satisfaction to the family of the deceased (Feithius Antiquitat. Homer. l. ii. c. 8). Heineccius, in his preface to the Elements of Germanic Law, favourably suggests that at Rome and Athens homicide was only punished with exile. It is true; but exile was a 'capital' punishment for a citizen of Rome or Athens.