Whilst resentment on behalf of injuries inflicted upon persons who are unable to avenge themselves has thus, to some extent, contributed towards the establishment of a central judicial and executive authority, the sympathy naturally felt for the object of an improper and immoderate revenge undoubtedly tended to bring about a similar result. The same feeling which checked indiscriminate revenge by establishing the rule of strict equivalence, restricted it once more, and in a more effective way, by referring the case to a judge who was less partial, and more discriminate, than the sufferer himself or his friends. Speaking of the feuds of the Teutons, Kemble remarks, "Setting aside the loss to the whole community which may arise from private feud, the moral sense of men may be shocked by its results: an individual's own estimate of the satisfaction necessary to atone for the injury done to him, may lead to the commission of a wrong on his part, greater than any he hath suffered; nor can the strict rule of 'an eye for an eye, and a tooth for a tooth,' be applied where the exaction of the penalty depends upon the measure of force between appellant and defender."[90] In the Island of Bali the judge steps in between the prosecutor and the person whom he pursues, "so as to restrain the indiscriminate animosity of the one, and to determine the criminality of the other."[91] Crawfurd, in his account of native customs in the Malay Archipelago, says that "the law even expressly interdicts all interference when there appears a character of fairness in the quarrel."[92] A Karen, we are told, always thinks himself right in taking the law into his own hands, this being the custom of the country, and "he is never interfered with, unless he is guilty of some {182} act contrary to Karen ideas of propriety, when the elders and the villagers interfere and exercise a check upon him."[93] Among the Basutos the authority of the chief is stated to be "sufficiently respected to protect criminated persons, until their cases have been lawfully examined."[94] Among the Californian Gallinomero the avenger of blood has his option between money and the murderer's life; "but he does not seem to be allowed to wreak on him a personal and irresponsible vengeance," the chief taking the criminal and executing the punishment.[95] [Footnote 90: Kemble, _Saxons in England_, i. 268 _sq._] [Footnote 91: Raffles, _History of Java_, ii. p. ccxxxvii.] [Footnote 92: Crawfurd, _History of the Indian Archipelago_, iii. 120.] [Footnote 93: Mason, in _Jour. Asiatic Soc. Bengal_, xxxvii. pt. li. 145. _Cf._ MacMahon, _Far Cathay and Farther India_, p. 188.] [Footnote 94: Casalis, _op. cit._ p. 226.] [Footnote 95: Powers, _Tribes of California_, p. 177.]