« PrécédentContinuer »
The XVIIth regards SEDUCTION-the XVIIIth RAPEand the XIXth FORNICATION: the punishment annexed to the commission of these crimes is, hard labour for a specified period.
XX. CONCERNING DRUNKENNESS.
If a man drinks spirits till he becomes intoxicated, (the literal rendering would be poisoned,) and is then troublesome or mischievous, the magistrates shall cause him to be bound or confined; and when the effects of the drink have subsided, shall admonish him not to offend again. But if he be obstinate in drinking spirits, and when intoxicated becomes mischievous, let him be brought before the magistrate, and sentenced to labour, such as roadmaking, five fathoms in length, and two in breadth. If not with this, with a plantation fence, fifty fathoms long. If it be a woman that is guilty of this crime, she shall plat two large mats, one for the king, and the other for the governor of the district; or make four hibiscus mats, two for the king, and two for the governor; or forty fathoms of native cloth, twenty for the king, and twenty for the governor.
XXI. DAMAGE DONE BY DOGS OR HOGS.
Concerning dogs accustomed to steal or bite, and pigs which bite or rend whatever may come in their way. When a dog steals food secretly, and is addicted to the practice of devouring young pigs, kids, or goats, fowls, or any other small kinds of property, the owner of the dog shall make restitution. If a pig has been devoured, a pig shall he return as a recompense; or a fowl, a fowl shall be returned. That which is returned shall be equal to that which has been destroyed. He shall also kill such dog. But if the owner persists in keeping such dog, fourfold shall he return as a remuneration for all it destroys; twofold, (half) for the king, and twofold (half) for the owner of the property destroyed. A dog also addicted to the habit of biting children, shall be killed. The man who knows that he has a savage or biting dog, and refuses to kill it, (after having been by the magistrate requested to do so,) if a child be bitten by such dog, the dog shall be killed, and its owner punished with labour, for persisting in keeping such a mischievous dog. The punishment specified in the XXth law shall be adjudged to him. Hogs also accustomed to devour young or suck
ing pigs, kids, or fowls, and accustomed to bite or attack children, shall be removed to another place, or killed. If the owner be obstinate, and will neither remove nor kill the pig, after having been admonished by the magistrates, they shall kill the hog, and punish the owner with labour, for obstinately keeping such a dangerous hog. His punishment shall be such as that specified in the twentieth law.
XXII. CONCERNING WILD OR STRAY PIGS.
There are no pigs without owners. No one shall hunt pigs on the mountains, or in the valleys, under the pretext that they are without owners. The wild pigs in the woods (or ravines) whose owners are not known, belong to the people of the valley. When the original proprietor is known, though the pigs may have become wild, they are still his. If one of such pigs be destroyed, (or eaten) it shall be paid for; the parties who took it shall make restitution with a pig equal in size to that which has been destroyed. The man who is obstinate in hunting pigs on the mountains or in the valleys, on the pretext that they are pigs without owners, he is the same as a thief; and as is the thief's, such also (shall be) his punishment-that (which is) written in the second law.
XXIII. CONCERNING CONSPIRACY.
When one man knows that another man is planning or purposing to murder the king, or is devising to kill any other person, or is planning to steal property, or is purposing to commit any other crime; if he keep such counsel or deed planned in his own heart, and does not reveal it, or, when he is questioned, he conceals, and does not fully declare what he knows, he is like such men, and his punishment shall be equal to that adjudged to those who have engaged in such conspiracy (or criminal design.)
XXIV. CONCERNING THE MAN WHO MAKES KNOWN.
If a number of persons shall form their plans-if two in their plan, then two; if three, then three; if ten, then ten-if, when they have devised the commission of any crime, one of their number shall go to the magistrate, and shall fully disclose unto him the purpose and plan formed (if he be not the foundation of that combination, if he be not the person who [first] devised it,) that man shall not be
punished. But those who do not confess shall receive judgment.
XXV. CONCERNING THE UNAUTHORIZED CLIMBING
Climb not, unauthorized, another person's tree for food ; the man who does this is criminal. To beg, to ask explicitly the owner of the land (is right.) The man who steals food in a garden, or by the side of the house, takes that which is not given by the owner of the land. If the proprietor of the land desire that he may be tried, he shall be tried, and punished with labour. For food stolen from a garden-for the owner of the enclosure he shall perform labour, such as erecting a fence, the length being regulated by the value of the food stolen. But if it was food growing wild, or unenclosed, he shall make forty fathoms of road, or four fathoms of stone-work.
XXVI. CONCERNING REVENUE FOR THE KING AND
Every land that has received the word of God, and those that have not, whose institutions are good, agree that it is right to furnish property for their own king, who holds the government, and for the governors of the districts. It is also a thing frequently exhibited in the word of God, and taught by Jesus, our Lord, when he said, "Render unto Cesar the things that are Cesar's?" Therefore it is right that we do the same. Let every individual contribute towards the revenue of the king. The man of great property must furnish more than the man of less property. Such as governors of districts, shall give two hogs yearly. If not hogs, arrow-root ten measures; if not this, cocoa-nut oil ten bamboos full; they must be goodsized bamboos.
The raatiras, farmers, or small-landed proprietors, shall each give one hog annually. If not a hog, arrow-root five measures; if not this, oil five bamboos. Those, also, who do not possess land, but belong to this country-or belonging to another land, but residing here-this shall be their contribution, one pig for one year, (smaller than that furnished by the farmers;) if not a pig, arrow-root three measures, or oil three bamboos.
This is another property that the farmers shall prepare for the king that holds the government: Each district shall prepare every year two mats, ten fathoms long, and two
fathoms wide; if not large mats, fine hibiscus mats, one from each (family); if not this, three fathoms of native cloth, each.
This is the property for the governors, which the farmers of their own districts shall furnish for a year: One pig each; if not a pig, arrow-root five measures, or oil five bamboos, good bamboos. And as for the king, two mats shall the inhabitants of the district furnish for their own governor, (the mats) shall resemble, in length and breadth, those for the king. If not large mats, hibiscus mats one each, or cloth three fathoms each. This is the revenue which the districts shall furnish for their governors each year, the inhabitants of each district for their own governor; and this is the property which the governors and people shall provide for the king. The man who, on account of illness, is unable to furnish the property here specified in the year, shall meet with compassion from the king and governors. But if it be from indolence, or any other cause, that he does not, he shall be banished, he shall not be detained by any one. Let the farmers act generously towards their king and governors in furnishing provisions, it is right. Of such as bread-fruit, arum, plantains, yams, and such kinds of food, let a portion be taken to the king and governors; let it be taken undressed. Not like the great feedings, they shall be entirely abolished; —but observing the week or the month, it may be brought. There shall be no pigs, but fish, if desired. Thus shall we do well.
XXVII. CONCERNING MARKING WITH TATAU.
No person shall mark with tatau, it shall be entirely discontinued. It belongs to ancient evil customs. The man or woman that shall mark with tatau, if it be clearly proved, shall be tried and punished. The punishment of the man shall be this-he shall make a piece of road ten fathoms long for the first marking, twenty (fathoms) for the second; or, stone-work, four fathoms long and two wide; if not this, he shall do some other work for the king. This shall be the woman's punishment-she shall make two large mats, one for the king, and one for the governor; or four small mats, for the king two, and for the governor two. If not this, native cloth, twenty fathoms long, and two wide; ten fathoms for the king, and ten for the governor. The man and woman that persist in tatauing themselves successively for four or five times, the
figures or ornaments marked shall be destroyed by blacking them over, and the individuals shall be punished as above written.
XXVIII. CONCERNING VOYAGING IN LARGE COMPANIES. When a member of the reigning family, or a governor, or other man of rank or influence, shall project a voyage to another land-such as those from Raiatea or Tahiti, visiting Huahine-it is right that he select steady men, such as are of the church, or have been baptized, not immoral and mischievous men, that cease not from crime; such should remain in their (own) land. But if these voyagers continue to bring troublesome persons, when they land upon the shore, the magistrates shall admonish them not to disturb the peace of the place, nor wander about at night. If they do not regard, such disturbers shall be bound with ropes until their masters depart, when they shall be liberated.
XXIX. CONCERNING THE MAGISTRATES OR JUDGES.
When a man is accused of a crime, such a man may, perhaps, take enticing property (a bribe) to the magistrate or judge, that his sentence may be diminished; but the magistrate or judge shall on no account receive such bribe or property. The magistrate or judge who shall receive the property (or present) taken by such individual, is criminal. His office shall be discontinued or taken away; neither shall he ever be eligible to be a magistrate or judge again.
XXX. CONCERNING NEW LAWS.
If any crime comparatively small should arise, and which is not specified in these laws, it is right that this code be altered. Annually the laws shall be revised or amended. Then shall the prohibition of such crimes as may have been omitted, be inserted, together with the punishment annexed to their commission; that the usages in this land may be straight, or correct.
Regulations for the JUDGES, the JURY, and the MESSENGERS, (or Peace-officers.)
Concerning the Principal Judges.
1. The king, or supreme governors, shall select the chief judges; and when a judge dies, or is interdicted that he