Old New Zealand: Being Incidents of Native Customs and Character in the Old TimesManing, Frederick Edward
History
Old New Zealand: Being Incidents of Native Customs and Character in the Old Times
Maning, Frederick Edward
Māori (New Zealand people); 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 so frequently
as might be expected; and when it did, went in most cases unpunished:
the murderer, in general, managed 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
Public-domain text, read in full here on John Shaqi.
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