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Updated: May 21, 2025
The island is divided into provinces, each governed by a civil servant, having under him a staff of European and native assistants. The Roman-Dutch law, so termed, is the law of the island in all cases not otherwise provided for.
In conclusion, he stated that he held the signatories of the letter to be directly responsible for the shedding of the burghers' blood at Doornkop, that he would therefore pass upon them the only punishment possible under Roman-Dutch law namely death, and that whatever hope there might be in the merciful hearts of the Executive Council and in the President's great magnanimity, they should remember that in no other country would they have the slightest grounds for hope.
In consultation with the leaders, Mr. Wessels reported the discussions with Dr. Coster as above given. Both he and Mr. Solomon represented to them the gravity of the plea, and said that there was the possibility that the judge would invoke Roman-Dutch law and ignore the laws of the country, in which case it would be in his power to pass sentence of death.
Gregorowski in defending his sentence has stated that under Roman-Dutch law he had no option but to pass sentence of death. Yet contrary to the custom with which seventeen years' practice had made him familiar he accepted the plea of guilty and accepted it without a word of explanation or of warning! Is it surprising that people should want to know why?
He reviewed the law, and by a method of reasoning which has not commended itself to others he justified himself for setting aside special statutes and applying the Roman-Dutch law instead.
In a short but very violent speech he depicted in the blackest terms the actions of the men against whom he had agreed not to seek exemplary punishment, and pointing out the provisions of the Roman-Dutch law, claimed that the Court should apply it in this case in preference to the statutes of the country, and demanded from the Court the severest possible penalty which could be imposed under that law and under the Thirty-three Articles and the Gold Law as well.
Wessels urged that, as there was specific provision in the statute law for cases of this nature, the statute law would of course apply in preference to Roman-Dutch law. Dr. Coster said he presumed that this would be the case, but that he was not quite sure whether Roman-Dutch law would not apply.
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