Appendix B
I.—The Law referring to the King
1. The King, being the root of all government in the land, it is for him to appoint those who shall govern in his land.
2. Whatever the King may wish done in his land, it is with him to command the assemblage of his Chiefs, to consult with him thereon.
3. Whatever is written in these laws, no Chief is at liberty to act in opposition, but to obey them together with his people.
4. The King is the Chief Judge; and anything the Judges may not be able to decide upon, shall be referred to the King, and whatever his decision may be, it shall be final.
II.—The Law concerning Taxes
Whatever the King deems proper, shall be done by the people for the King.
III.—The Law referring to the Judges
1. It is the province of the King to appoint all the Judges in his kingdom.
2. This is the office of the Judges:—If any one or more be charged with having committed a crime, it is the business of the Judges, when such are brought to trial, to hear the person by whom the charge is made, as also the statement of the prisoner. The trial being over, and his guilt proved, the Judge shall then pronounce sentence, according to what is written in these Laws.
3. The remuneration which the Judges and Officers shall have made to them by the King, is the distribution of the convicted persons amongst them, to labour for them at their respective places.
A brief allusion to the business of the Judges
1. There shall be no respect of persons with the Judges in their trial of offenders. Though the offender be a Chief, or next in rank, he shall be tried according to these Laws; it being unjust to differ between the trial of a Chief, and that of a common man.
2. On no account for the Judges to receive food or payment from those about to be tried: should any one so receive, and it be discovered, he shall be deposed from his office, having acted unjustly.
4. The day of trial arrived, and the Judges seated, the prisoner, complainants, and witnesses, shall be brought before them; and the Judge then state the crime with which the prisoner is charged, and about to be tried for.
5. The Judge shall then inquire of the accused, whether the charge against him be true or not; and if he admits its truth, the Judge shall at once pronounce sentence; but if he denies it, the Judge shall order the witnesses to state what they know, the accused being at liberty, if he can, to produce witnesses to prove his innocency of the crime of which he is charged.
6. Should the accused wish to question the witnesses on anything they may state, he is not at liberty to address them, but make known his inquiry to the Judge, and for the Judge to put his question to the witnesses, that on no account there be either talking or quarrelling in the presence of the Judges; and if any one breaks this law, it is with the Officers present in court to put a stop to it.
7. And with regard to any serious crime, such as murder, incendiarism, the burning a canoe, or personal assault, or the like,—when the Judges shall have tried the case, and they are of one opinion as to the punishment to be inflicted, not for it to be enforced immediately, but for the Judges and King to confer; and should the King deem it proper to lessen the punishment, well, but not for him to increase it.
IV.—The Law referring to Witnesses
If any one accuse another, or any one confirms it, but on trial it is afterwards found that both the accuser and witnesses have lied, the punishment which would have been inflicted on the accused, the Judge shall order to be enforced against the accuser and false witness; but when any one works unjustly through a false accuser and a false witness, the Judges shall order the false witness to pay him who has laboured contrary to justice, according to his amount of work done for the Governing Chief, and punish the false witness accordingly to the punishment unjustly inflicted on the accused.
V.—The Laws of the Chiefs and those who govern
1. The Chiefs to whom these Laws refer are those whom the King has appointed to govern portions of the land, and their people.
2. It is with those Chiefs only to harangue and govern their people, and it is not admissible for any other to order or govern those people.
3. And any one, not being a chief of high rank, who shall break this law, shall be tried for the same, and be ordered to pay to such persons according to the work they have been made unlawfully to do for him.
4. This is the labour which the Governing Chiefs shall lawfully demand from their people yearly, even to the extent they may think proper; and such Chief shall pay strict attention in seeing the King’s work properly executed, but in case of his negligence, his people shall do the less for him.
VI.—The Law referring to Officers
1. On the perpetration of a crime being made known to the Judges, it is the province of the Officers to take care and bring the offender to the place of trial on the day appointed.
2. On the accused being brought before the Judges, it is for them to prevent confusion and quarrelling between the persons on trial and the witnesses; and should any speak loud, or shout, it is for them to put a stop to it, and demand silence.
3. The trial of offenders being over, and they being condemned to pay or work, it is for the Officers to see that their payment is brought on the appointed day, and to see that the work of the offenders is performed in a proper and correct manner.
4. It is with the King to remunerate the Officers according to their labours.
5. It is the duty of the Governing Chief of the land or place to bring the offender to the place of trial.
VII.—The Law referring to Man and Wife
1. Marriage is a covenant between man and woman, that they shall be one, and their property one, until the termination of the existence of one of them.
2. Those who are eligible to marry must be 16 years of age, and no one who is less than 16 can be married.
3. No man can have two wives, no woman two husbands at once, but each to live with his or her lawful partner; should this law be broken, the parties shall be judged, and work as for committal of adultery.
4. Another thing forbidden is, the improper interference of any one to promote or stop a marriage. Where the parties are of one mind to marry, they shall not be prevented, unless there be a just and sufficient cause; should this law be broken, the punishment to be inflicted shall be with the Judge.
5. When a man and woman marry, their parents shall no longer govern them; they shall act as they like, and no relative shall forcibly influence them; should they, it is with the Judge what punishment to inflict.
6. From the present evil and impoverishing system at marriages, whatever the friends may think proper to present to either the man or woman about to be married, it shall be his or hers, and on no account be again distributed.
7. Let all men know that it is just to labour and provide food for their families, and in case of their voyaging, to leave food for them; and whosoever shall neglect to keep this law, the Judge shall inflict punishment to the extent he may think proper.
8. In reference to man and wife separating, this is the law:—Nothing can justify their separation but the crime of adultery committed by either party. And if any man cast away his wife, or any woman her husband, save for that crime, the Judge shall order the offending to support the offended party, and on refusal, the man or woman offending shall labour until such time as he or she shall be willing to live together again. In case of separation, these things are to be regarded:—
(1) the thing which makes it lawful for a man and wife to separate.
(2) But the thing which is right and commendable is, to forgive, and live together again; and on no account, after so doing, ever more to refer to it.
(3) In case of either party doing wrong, and the other takes no notice of it at the time, but they continue to live together; at any future time, when the mind of the injured party may be pained towards the other, he or she shall not then be at liberty to refer to it.
(4) Let all know that the separating of man and wife is a difficult matter: since the marriage contract is a command of God, the Minister must first marry them; but, in case of trial, and the crime proved, then the Minister must pronounce them separated, in the large Chapel, before all the people, even as their marriage was performed. Then the writing of divorce shall be given to the innocent party.
(5) All parties who have separated, but not according to this law as here written, shall be considered as man and wife; and it shall not be lawful for either again to marry whilst both are still living.
(6) Where both parties do wrong, and it is in their minds to separate, they may separate; but it shall not be lawful for either of them to marry until one of them become deceased.
VIII.—The Law referring to Adultery
When a man or woman shall be tried for adultery, and be found guilty, if the man has transgressed, he shall pay to the injured man, with whose wife he has sinned, three large hogs and sixty yams, and afterwards work three months; and where the woman sins, the payment shall be the same as in the other case.
IX.—The Law referring to Fornication
When a case of fornication is tried, and proved, the guilty man shall work for two months, as also the guilty woman. Where the crime is repeated, the parties shall work three months, and so on.
X.—The Law referring to Illegitimate Children
Let all persons know it shall not be just for a relative to take forcibly a bastard child from its mother, but by her consent only; and if any one break this law, the Judge shall order the child to be restored.
XI.—The Law referring to Dances, and other Heathen Customs
Let all people know that Dancing is strictly forbidden, as well as all Heathen Customs: and if any are found practising such, they shall be tried, and on being proved guilty, work one month; and in case of a repetition, two months.
XII.—The Law referring to the Sabbath-day
The breaking of the Sabbath is a great sin in the sight of God. Work which cannot be dispensed with, such as preparing food for a sick person, may be done, or any unforeseen accident occurring; but other works, such as house-building, making canoes, gardening, seeking fish, journeying to a distance, and assembling together for wicked purposes, are all forbidden. Any person found guilty shall work one month, and on repetition of the crime, two months.
XIII.—The Law referring to taking anything forcibly
Let all persons know, that taking anything forcibly, or on the score of relationship, is strictly forbidden. If any one takes that which is the property of another without his (the owner’s) consent, the Judges shall reprimand him, and he shall bring back that which he took; and in case of his repeating the act, he shall pay four times the value of the article he has taken by force; or, on the score of relationship, twice the value of the thing taken to the owner, and twice its value to the King.
XIV.—The Law referring to Fighting, Quarrelling, and things very disorderly
Should any persons fight, quarrel, or create any disturbance, they shall work three weeks; and if all concerned be equally bad, their punishment shall be the same.
XV.—The Law referring to Murder
Persons committing murder, from an evil mind, shall be hung.
XVI.—The Law referring to Manslaughter
The signification of manslaughter is, the killing another accidentally, whilst working, or with the weapon of another, but not designing to kill. Should such a case occur, be tried, and an individual found guilty, but it appear that he had no bad design towards the deceased, or expectation to commit such an act, but that it was purely accidental, he is not guilty and shall be discharged. But on trial, if it be discovered that they quarrelled, or fought, or fought with clubs, or wrestled, or did anything from which sprang the death of one, but which was not done with an intent to kill, he shall work for the space of two years.
XVII.—The Law on producing Abortion
That to which this Law refers is a most disgusting crime, and highly deserves punishment. In case any woman should take any medicine, or eat anything, or do anything, in order to produce premature delivery, and she be tried and found guilty, she shall work for the King a whole year.
XVIII.—The Law referring to Incendiarism
Should any person set fire to a canoe, or house, with intent to destroy it, and be found guilty, such person shall pay the value of the house, as well as of all the property it contained.
XIX.—The Law referring to Robbery
If any one steals a thing from the house or plantation of another, or from elsewhere, the thief shall pay four times the value of the thing stolen, half to the person he robbed, and half to the Government. Any one stealing a trifle, whom the Judges think proper to punish, it shall be done unto him as they may see to be right.
XX.—The Law referring to the breaking, or committing a nuisance on, a Canoe
If any one breaks, or commits a nuisance upon, a canoe, the property of another, and is detected, he shall be tried, and the Judge order him to pay a carpenter for repairing her. The offender shall afterwards work for Government according to the extent of damage he has done to the canoe. This law extends also to a similar injury done to a house.
XXI.—The Law referring to breaking of Fences
Should a man or woman break the fence of any one, the person so transgressing shall repair it, and work for Government according to the extent of the injury committed. If the animal of any one, whether dog, pig, or goat, shall injure a good fence, the property of another, the owner of such animal shall repair the fence; and should he not afterwards secure the animal in his own premises, but permit it again to injure a fence, he shall forfeit his animal to Government, and Government shall do as it deems proper with it.
XXII.—The Law referring to Pigs, and all destructive animals
In case the animal of any one be discovered injuring a plantation, or anything else, it shall first be made known to the owner of such animal that he may put it in a sty, or tie it up. If the same animal should destroy a second time, the Judge shall order the owner of it to pay the person who has sustained the injury, that which may be equivalent to it, and forfeit the destructive animal to Government. But should the fence injured be an old or rotten one, the owner shall pay for the first damage it does, agreeable to this law, but he shall not forfeit his animal to Government for the first offence.
XXIII.—The Law referring to lost Property
1. Anything, the property of a person being lost, and found by another, the finder knowing the owner, but does not make it known to him shall be tried as for theft. Anything being found, but the owner unknown, it shall remain with him who finds it.
2. Payment shall not be demanded by the person who finds the lost property of another.
XXIV.—The Law referring to such persons as shall make known a Crime about to be perpetrated
Should any persons agree to commit a great evil, whether two, three, or ten; and they shall have determined to perpetrate it, but one shall repent and make known what they were going to do, he shall be forgiven; but all the others concerned shall be punished according to the evil they intended committing, even as though it had been committed.
XXV.—The Law referring to Chiefs and People who may cause any Evil to arise in the Land
If such Chiefs or people are discovered, the same shall be banished from the land they live in, into another land; nor shall they be permitted to return to their land, but it shall be with the Government, their returning or remaining until the end of their lives.
XXVI.—The Law referring to Voyaging
Should any Chief, with his crew, voyage and do wrong in any land, on his return they shall be tried, and punished according to the evil committed. It shall not be lawful for persons voyaging to bring away the people of the shores they may visit, unless at the request of the Chief of such land—in that case they may; but if they are brought away without the knowledge of the Chief of the land, such Chief so taking them shall pay ten dollars.
XXIX.—The Law referring to the Soil
It shall not be lawful for any Chief or people in Tonga, Haabai, or Vavau, to sell a portion of land to strangers (i.e. foreigners); it is forbidden; and any one who may break the law shall be severely punished.
XXX.—The Law referring to Carpenters
Carpenters, working at their trade, shall do their work faithfully, and shall be paid by those for whom they work; but should those for whom they work not pay them, the Judge shall order them to pay them even more than was originally designed.
XXXI.—The Law referring to waving to Canoes
Canoes may be waved to, and should the canoe not come to the beckon, the person in it shall be fined a pig. In particular cases of urgency, Chiefs may wave to a canoe under sail.
XXXII.—The Law referring to the Roads of the Land
The Chiefs shall see that the roads are hoed. The payment for not hoeing a road of any length, shall be a pig and twenty yams; and the not hoeing a short path, the fine shall be twenty yams.
XXXIII.—The Law referring to the digging Graves
It shall not be lawful for any other than the appointed persons, called ‘Haatufuga,’ to dig graves; but, should there be no Haatufugas where the deceased is to be interred, in that case only others may dig the grave. The relatives of the deceased shall pay to the Haatufuga according to the work done; and, should the friends of the deceased refuse to do so, the Judges shall compel them to pay the Haatufuga.
XXXIV.—The Law referring to Deceased Persons
There shall be five days of cooking food for the Chiefs, four days for the matabule or gentlemen, and three days for the common people; the ‘tukuofo,’ with the ‘toka’ and the ‘lanu kilikili,’ shall be given up; and if the friends have not wherewith to inter the dead in, others may furnish what is needed. The thing most becoming is, for the relatives to take care of the afflicted whilst yet alive; to feed, clothe, give drink, &c, and contribute some thing towards the burial before his decease. The people shall please themselves about the cooking at the burial. If the corpse is buried as to-day, not to cook until to-morrow; and not for the burial to be as a feast, for it is a visitation of God to that family, and it is right that they should humble themselves before God.
XXXV.—The Law referring to the Tortoise
If any man catch a tortoise, and take the first he catches to the Governor, and then take another, the second shall be his, the third he catches shall be the Governor’s, the fourth his, and so on.
XXXVI.—The Law referring to Men
You shall work and persevere in labouring for the support of your family, as well as yourself, and in order to trade and contribute to the cause of God, and the Chief of the land; and each man shall seek his piece of land to cultivate. Any man not willing to work, he shall neither be fed nor assisted; all such persons being useless to the land and its inhabitants, and unprofitable to their friends.
XXXVII.—The Law referring to the Women
You must work, women, and persevere in labouring to clothe your husband and children; unmarried women shall work to be useful to their relatives and parents. If they do not work, they shall not be fed or assisted; for our assisting the indolent, is supporting that which is an evil.
XXXVIII.—The Law referring to Chiefs, and those who have people under them to govern
The duty of such is, to make known these laws to the people they govern, whether they keep them or not; and, if they do not keep them, exhort them to do so: but, if they still break them, make known their disobedience.
XXXIX.—The Law referring to persons who depreciate the character of others, and to Evil-speakers
If there is any one who shall depreciate the character and speak evil of the King, the Chiefs who govern the people, the Judges, or the Missionaries, and, when tried, are found guilty, the Judge shall order him to be punished according to the evil he has done.
XL.—The Law referring to Foreigners
If any foreigner desire to reside in this kingdom, and will act agreeable to the laws of this land, the laws of this land shall protect him; but if he breaks the laws of this land, he shall be tried as the people of this land; and if any of the inhabitants injure him in any way, they shall be punished accordingly. Foreigners shall pay yearly according to the portion of land they hold, whether large or small; and it shall be with the Judges to demand such payment from the foreigners.
XLI.—The Law referring to Clothing
The Chiefs, Governors, and people shall clothe.
XLII.—The Law referring to Catching Fish
Any persons catching the larger fish shall not do as they please with them, such as the turtle, albicore, bonito, and ulua, &c, but, on obtaining one, shall take it to the Chief; the second he takes shall be his, and so on afterwards.
XLIII.—The Law referring to Disobedience
All persons disobedient to the King, or to the Governors of the people, shall be taken to the Judge to be punished, according to the evil they have done.