The history of Sumatra : $b Containing an account of the government, laws, customs and manners of the native inhabitantsMarsden, William
History
The history of Sumatra : $b Containing an account of the government, laws, customs and manners of the native inhabitants
Marsden, William
Natural history -- Indonesia -- Sumatra; Sumatra (Indonesia)
In the Saxon law we find a strong resemblance to this custom; the kindred
of a murderer being exempt from the feud if they abandoned him to his
fate. They bound themselves in this case neither to converse with him nor
to furnish him with meat or other necessaries. This is precisely the
Sumatran outlawry, in which it is always particularly specified (beside
what relates to common debts) that if the outlaw kills a person the
relations shall not pay the compensation, nor claim it if he is killed.
But the writ must have been issued before the event, and they cannot free
themselves by a subsequent process, as it would seem the Saxons might. If
an outlaw commits murder the friends of the deceased may take personal
revenge on him, and are not liable to be called to an account for it; but
if such be killed, otherwise than in satisfaction for murder, although
his family have no claim, the prince of the country is entitled to a
certain compensation, all outlaws being nominally his property, like
other wild animals.
COMPENSATION FOR MURDER.
It seems strange to those who are accustomed to the severity of penal
laws, which in most instances inflict punishment exceeding by many
degrees the measure of the offence, how a society can exist in which the
greatest of all crimes is, agreeably to established custom, expiated by
the payment of a certain sum of money; a sum not proportioned to the rank
and ability of the murderer, nor to the premeditation, or other
aggravating circumstances of the fact, but regulated only by the quality
of the person murdered. The practice had doubtless its source in the
imbecility of government, which, being unable to enforce the law of
retaliation, the most obvious rule of punishment, had recourse to a
milder scheme of retribution as being preferable to absolute indemnity.
The latter it was competent to carry into execution because the guilty
persons readily submit to a penalty which effectually relieves them from
the burden of anxiety for the consequences of their action. Instances
occur in the history of all states, particularly those which suffer from
internal weakness, of iniquities going unpunished, owing to the rigour of
the pains denounced against them by the law, which defeats its own
purpose. The original mode of avenging a murder was probably by the arm
of the person nearest in consanguinity, or friendship, to the deceased;
but this was evidently destructive of the public tranquillity, because
thereby the wrong became progressive, each act of satisfaction, or
justice, as it was called, being the source of a new revenge, till the
feud became general in the community; and some method would naturally be
suggested to put a stop to such confusion. The most direct step is to
vest in the magistrate or the law the rights of the injured party, and to
arm them with a vindictive power; which principle the policy of more
civilized societies has refined to that of making examples in terrorem,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account