268 
S U M A T R a: 
only of what he had loft, it remains with him, when the robbery is proved, 
to afcertain the whole amount, by oath, which in that point is held 
fiifficicnt. 
Compenrition It feems ft range to thofe who are accuftomed to the feverity of penal 
laws, according to which the piinifhment moftly exceeds by many de- 
grees the ofTcu^^?, How a fociety can exift, in which the greateft of all 
crimes is, agreeably to cftabliihed cuflom, expiatea Dy ine payment of 
a certain fum of money ; a fum not proportioned to the rank and ability • 
of the murderer, nor to the premedication, or other aggravating circum- 
ftances of the fa£t, but regulated only by the qualify of the perfon mur- 
dered. The practice had doubtlefs its fource in the imbecility of go- 
vernment, which being unable to enforce the law of retaliation ; the moft 
obvious rule of punifhment ; had recourfe to a milder fcheme of retri- 
bution, as being preferable to abfolute indemnity. The latter it was 
competent to carry into execution, becaufe the guilty perfon s readily 
fubmit to a penalty, which efFe^lually relieves them from the burthen of 
anxiety for the confequences nf thr^W oAion. Inftances uutui in the 
hiftory ot aU ftates, particularly thofe which fufter from internal weak* 
nefs, of iniquities going unpuniftied, owing to the rigor of the pains de- 
nounced agninft them by the laws, which defeats its own purpofe* The 
original mode of avenging a murder, was probably by rhe arm of the 
perfon nearcft in confanguinity, or friendftiip, to the deceafed ; but this 
was evidently deftrudive of the public tranquilitj^, becaufe that the wrong 
became progreffive, each a€t of fafisfadion, or juftice as it was called, 
being the fource of a new revenge, till the feud became general in the 
community; and fome method would naturally be fuggefted to put a 
flop to fuch confufion- The moft diredt ftep is to veft in the magiftrate 
or the law, the rights of the injured party, and to arm them with a vin- 
didive power ; which principle, the policy of more civilized focieties 
has refined to that of making examples in ierrorem^ with a view of pre- 
venting future, not of revenging paft crimes. But this requires a firm- 
nefs of authority to which the Sumatran governments are ft rangers. 
They arc without coercive power, and the fubmifEon of the people, is 
little 
