Old New Zealand: A Tale of the Good Old Times: And a History of the War in the North against the Chief Heke, in the Year 1845Maning, Frederick Edward
History
Old New Zealand: A Tale of the Good Old Times: And a History of the War in the North against the Chief Heke, in the Year 1845
Maning, Frederick Edward
Māori (New Zealand people) -- Social life and customs; New Zealand -- Description and travel
It did not require much financial ability on my part, after a few
experiences of this nature, to perceive that I had better avail myself
of my privileges as a pakeha, and have nothing further to do with the
law of _muru_--a determination I have kept to strictly. If ever I have
unwittingly injured any of my neighbours, I have always made what I
considered just compensation, and resisted the _muru_ altogether; and
I will say this for my friends, that when any of them have done an
accidental piece of mischief, they have, in most cases without being
asked, offered to pay for it.
The above slight sketch of the penal law of New Zealand I present and
dedicate to the Law Lords of England, as it might, perhaps, afford
some hints for a reform in our own. The only remark I shall have to
add is, that if a man killed another, "malice prepense aforethought,"
the act, in nineteen cases out of twenty, would be either a very
meritorious one, or of no consequence whatever; in either of which
cases the penal code had, of course, nothing to do in the matter. If,
however, a man killed another by _accident_, in the majority of cases
the consequences would be most serious; and not only the involuntary
homicide, but every one connected with him, would be plundered of
everything they possessed worth taking. This, however, to an English
lawyer, may require some explanation, which is as follows:--If a man
thought fit to kill his own slave, it was nobody's affair but his own;
the law had nothing to do with it. If he killed a man of another
tribe, he had nothing to do but declare it was in revenge or
retaliation for some aggression, either recent or traditional, by the
other tribe, of which examples were never scarce. In this case the
action became at once highly meritorious, and his whole tribe would
support and defend him to the last extremity. If he, however, killed a
man by accident, the slain man would be, as a matter of course, in
most instances, one of his ordinary companions--_i.e._, one of his own
tribe. The accidental discharge of a gun often caused death in this
way. Then, indeed, the law of _muru_ had full swing, and the wholesale
plunder of the criminal and family was the penalty. Murder, as the
natives understood it--that is to say, the malicious destruction of a
man of _the same tribe_--did not happen as frequently as might be
expected; and when it did, went in most cases unpunished; the murderer
in general managing to escape to some other section of the tribe where
he had relations, who, as he fled to them for protection, were bound
to give it, and always ready to do so; or otherwise he would stand his
ground and defy all comers, by means of the strength of his own family
or section, who all would defend him and protect him as a mere matter
of course; and as the law of _utu_ or _lex talionis_ was the only one
which applied in this case, and as, unlike the law of _muru_, nothing
was to be got by enforcing it but hard blows, murder in most cases
Public-domain text, read in full here on John Shaqi.
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