The
Laws of England;
Laws of England;
Compiled and Translated into
The Maori Language,
by Direction of
His Excellency Colonel
His Excellency Colonel
Thomas Gore Browne
Governor Of New Zealand.
&c., &c., &c.,
Auckland, New Zealand.
Table of Contents.
English Preface.
The following pages have been prepared by direction of His Excellency the Governor of New Zealand, with the view of placing in the hands of Her Majesty's Subjects of the Maori Race such information, with respect to the Laws and Institutions of the Nation into which they have been incorporated, as may be found practically useful in their present stage of civilization.
It is hoped, also, that, as a Summary of English Law, the present volume may not be altogether without value in the hands of Magistrates and others, who may be called upon to administer or explain our laws to the Aboriginal Natives of this Country.
From the nature of the subject treated it was only to be expected that considerable difficulty would be found in the attempt to present in an intelligible manner the precise definitions, nice distinctions, and technicalities of the Law, through the medium of a rude language, which, though far from poor in expression or defective in structure, is better adapted for narration or description of natural objects, than for dealing with abstract subjects. How far this difficulty has been overcome the judgment of those who are skilled in the Maori tongue must determine. The plan of placing the Maori and English in opposite pages, making the paragraphs correspond with each other, has been. adopted for this reason, among others;—that in case of obscurity in the Maori a reference to the English, on the opposite page, may at once afford the means of correcting misapprehension, by shewing what was intended to be conveyed.
It should be stated that the materials of this Book were first compiled in English, and then wrought into their present shape in Maori, of which the English given is a translation: this will explain an apparent redundancy of style in the latter which might otherwise be inexcusable. The merit of intelligibility to the Maori reader has been thought of more importance, in a work of this kind, than that of strict conformity to rules of English composition.
The English reader will doubtless discover numerous defects in the present attempt. Had a longer time been available for maturing the plan and executing the details of the work, it might have appeared in a less imperfect shape. It is hoped that what has been done may serve as a ground-work for something more comprehensive and complete at a future time.
Recent movements among some of the Native Tribes indicate a growing perception in the Maori Race of their social wants, and make it desirable that the Government of the Country should, with as little delay as possible, place within their reach such information respecting our Laws and Institutions as may, with the Divine blessing, prove the means of directing their efforts to legitimate objects inducing results beneficial alike to both races.
The Laws of England.
Introduction.
This is an explanation of that which is called the Law,—the Law of England,—the Law of the Queen.
There are two kinds of Law in force in the world;—one is the Divine Law;—the other is Human Law.
Divine Law is that which is written in the Holy Scripture. This prescribes rules for the spirit and the conscience of a man; it puts a bridle on his heart to guide and to control it. The Law of God condemns the evil thoughts and evil desires of the heart of which the outward actions are the manifestations. This Law prescribes the punishment of evil, whether hidden within the heart, or manifested in the actions.
Those to whom the Divine Law is committed, and whose duty it is to expound it, are the Bishops, Ministers, and Teachers.
Human Law lays down rules for the guidance of the bodily and outward actions of men. Man cannot look into the heart of man, therefore he cannot frame a Law to control the heart, as he can to control the body. It is the evil acts of men, the manifestations of their evil thoughts, which are condemned by human Law. Human Law prescribes punishment for evil deeds.
Those to whom the charge of human Law is committed, and whose office it is to administer and expound it are, in England, The Queen,—and, here, the Governor with the Magistrates and those who have been commissioned for that purpose by the Queen. Its Guardians and those who enforce it are all right-thinking men, that is, the People as a body.
Whether the Law be Human or Divine, it ought to have the same fountain, that is, God. Divine Law was revealed by God Himself; and good Human Law is built up by man upon Divine Law. That, Divine Law, was first; this, Human Law, afterwards. That is for within, this is for without. Evil is from within. While yet within, it is seen by God, and is condemned by His Law, and will be punished by him. But it must first shew itself before it can be seen by man, or be condemned and punished by his Law.
Matters relating to the Divine Law, that is to Christianity, will not be spoken of here. What we desire now to speak of are Human Laws, that is, The Queen's Laws, which prescribe rules for the actions of men: which condemn evil actions and punish them.
Formerly, when the ancestors of the Pakeha lived in ignorance, England possessed no good Law. There was then no Restrainer of the wrong. Then a man's own strength was his Law; a law of oppression towards the weak. Men lived then in anarchy and fear. It was a state of things like that which prevailed throughout New Zealand but a short time ago. Men lived in disorder, strife, and mutual aggression;—killing each other, and doing every evil thing natural to a state of ignorance.
After a while, Christianity was brought to England. Then arose the thought is the minds of men to lay down a law to suppress evil, to cause good to flourish, and to secure peace. Thoughtful men saw that without law and order they could never become a great, noble and wealthy people. So they framed and laid down Laws.
The men who framed these laws were the principal Chiefs, the Sages, the Bishops, and men appointed for that purpose by the people. The King was the head, to make sacred and to confirm them. These formed a council for the laying down of laws; and whenever it was desired to make any new law, or to alter an existing one, it was for these councils to do so: and down to this day is the same plan adopted. The councils for framing laws are still engaged upon this work. Therefore all men greatly honour, magnify, uphold and highly prize their Law. No man may resist that law or trample on it, nor disobey those who administer and guard it,—the magistrates and the constables: the body of the people uphold and strengthen it. No one opposes the Law, which is the parent of men, except the wrong-doer; and the rest of the community will not allow him to have his will. All the people will support the law; and, if the wrong-doer resist, all the people will as it were become constables, and will take him where he will be tried and punished for his offences by the Law.
The people of England were not so fortunate in days of old as are the people of New Zealand now. When they began to frame for themselves laws, in generations long past, they had no example to direct them. They had to open for themselves a road through the thick bush; sometimes right, sometimes wrong; try it here, and find it wrong; try it there; try it on the right hand, if wrong, try it on the left hand: where should the right road be found?
Another difficulty, arising from their ignorance, was that the guides and leaders themselves pulled different ways. One would say, Here is the right path; another would say, Nay, but here: and, after much quarrelling, scarcely were they able to settle anything. How could it be otherwise with blind guides? It was not until after much contention, and many generations had passed, that all were agreed upon one system and were willing to walk in one path.
In the present day, the Maori is more fortunate. A path has been cleared and opened through the forest: it lies before him: he has but to walk in it. A wise and a generous people, the English, have settled in his land; and this people are willing to teach him, and to guide him in the well-made road which themselves have travelled for so many generations; that is, in the path of the perfected law,—in the path by which themselves have attained to all the good things which they now possess; wisdom, prosperity, quietness, peace, wealth, power, glory, and all other good things which the Pakeha possesses. Lat there now be no doubt nor hesitation, but be patient and earnest and follow the direction of those who have been appointed to shew you the right and the finished path. If a man seek to strike out for himself a new path through the fern, ere long he will be exhausted, and will desire to return to the wide and open path, to the path which has been beaten hard and firm by travelling.
The Pakeha has many laws: all men are not able to remember them all; therefore men are appointed by The Queen and by the Governor whose special duty it is to make themselves acquainted with these laws, and to administer them for the people. These are the Judges and Magistrates. They are made to swear that they will decide in accordance with justice only, and with what the Law has prescribed as the rule for each case. It is for the Governor to select men of patience, integrity and wisdom, and appoint them Magistrates. All matters of dispute must be referred to their decision. Their knowledge is obtained from the books wherein the laws are written; which books they read and study constantly. Their knowledge is also partly derived from practice, for if a man work constantly at one work, he will become skilful in it. It is gained also by referring to previous decisions.
The main objects of the Law are two:—to protest right, and to prevent wrong. That which is right is asserted by the Law; and the man who holds that right is protected and supported in his right. The commission of wrong is forbidden by the Law; and, if committed, the Law punishes the man who does that wrong, or makes him pay for doing it, and gives redress to the man who suffered the wrong.
In the eye of the Law there are two kinds of wrong, One is wrong to the man himself, or to his property; whereby the man himself alone suffers inconvenience or injury. The name of "Civil Injury" is given to this kind of wrong.
The other kind is to the whole people; these are great offence, breaches of the great law. The name given to this kind of wrong is "Criminal Offence."
In the case of a wrong done to a man himself, he who suffered the wrong may bring the case to he tried, and may ask for redress by law. Here is an instance of a Civil Injury. Suppose Tamati owes Hone money, and will not pay him; then Hone will go to the Magistrate, and he issues a Summons-paper to bring Tamati, that he and Hone may both come and state their case before the Magistrate on a day fixed for bearing them. When they come, the Magistrate hears what they both have to say, and, if he sees that Hone is in the right, he orders that the money shall be paid by Tamati.
Here is another instance. Suppose Hemi's horse has destroyed wheat belonging to Wiremu, and Hemi is not willing to pay for the damage; then Wiremn proceeds as in the former case: he goes to the Magistrate, who issues his summons to Hemi and hears what both have to say; then, if he think it right that Hemi should pay Wiremu, he orders this to be done.
As the name of this kind of wrong is a Civil Injury, so the Summons also is called a "Civil Summons."
In the case of a wrong to the whole people, that is, a Criminal Offence, the Law does not leave it at the will of the man who has suffered by that wrong, or at that of his relations, to say whether it shall be tried or no. The Law demands for this kind of wrong, for Criminal Offences, that The Queen, or the Governor, and the Magistrates, shall take care that such offences do not pass without being brought to trial. The name given to this kind of wrong is, we have said, "Criminal Offence"; such as killing a man, burning a house, assaulting any person, and the like.
In the eye of the Law, a Criminal Offence is committed not against the injured person only, but against the whole people; such are the offences just spoken of. For this reason it is left to the Magistrates to see that they are prosecuted and the offenders brought to trial.
The punishments appointed for this kind of offences are various, For a great offence, a great punishment; for the lesser offence, a lesser punishment: death for some; for others, imprisonment; for others, payment; that is, what the Pakeha calls a Fine.
A man who lives under the Law has an obligation to the Law, and the Law has one in return to him. His obligation to the Law is Obedience; that of the Law to him is Protection from injury by any other; for the Law prevents his being molested in person or in property. If there were no Law, the weak would be oppressed by the strong and there would be much confusion. But the Law enables men to live securely; a covenant of combination is entered into by all the people, to bring into unison the thoughts of all, and to collect together the power and might of all, as a protection to each individual from oppression or injury.
Now there are three principal things which the Law is intended to protect.
We will here explain the procedure of this Law, which has been called the parent and guardian of a man, whereby he is enabled to dwell in prosperity and security and himself and his property are protected from interference and injury at the hands of others. We will give you the names of those who hold and administer this Law, that is, of those persons who are appointed to take care that the Law be not trampled on: we will also explain their respective duties.
The Queen.
The first is The Queen. She is the great head and guardian of the Law. The Queen's representative in New Zealand is the Governor. There are many lands occupied by the Queen's subjects, distant and widely separated, and She is therefore not able to supervise them all. For this reason She has selected some of the Chiefs of her people, and sent them to some of those lands as Governors, heads of the people, and Chief administrators of the Law in those places, to act for Her in distant parts. It is from Her that they have their authority and their instructions; and they represent Her in those countries. In this way the Governor of New Zealand is appointed.
The Governor.
The great powers for the administration of the Law which, in England, are vested in the Queen have, here, been delegated by Her to the Governor. He must conduct affairs in accordance with law as he may deem it best for the interests of all; he has also The Queen's instructions, and must conduct affairs in obedience to them. Sometimes he has to apply to The Queen for advice and fresh instructions.
The Governor can direct the troops and send them to any place, or order them to do anything, and they must obey him. In case of war, either if another nation were to invade this country, or, if strife arose among ourselves, the Governor could ask The Queen to send hither ships of war and troops, and The Queen would send at once of Her numerous fleets and soldiers, until that war or that strife was at an end. Nor, even though all her many thousand ships and soldiers should be required, would they be withheld, but more and more would continually be sent until the object should be accomplished.
The Governor is also the head of all Magistrates in New Zealand. His duty is to keep the Law from being broken by others, and to protect the people: but he must execute the duties of his office in accordance with the laws laid down. The law is above him: he must take care that the Law is not trampled on by others; and he must take care also that he do not govern contrary to the Law. From the Queen downwards, all are subject to the Law.
Another part of the Governor's office is to assent to the execution of the sentences of the Law If man have been tried for murder, and found guilty, and been sentenced by the Judge to death, the Governor must first consent before he can be put to death. The Governor has the power to lighten the punishment of any criminal; for he may in his discretion, and if he shall see just cause for so doing, either pardon altogether, or remit a portion of the penalty. But on the other hand, the Governor cannot increase any man's punishment.
Another part of the office of the Governor is to assent to the enactment of any new law, or to the change of any existing one by the Council appointed for framing laws, so that they may be valid, and become Law.
It is also the duty of the Governor to appoint Magistrates and other persons for administering the laws, and to assign to them their duties. All this he does as the Queen's Representative. If the Magistrates neglect their duties, or misconduct themselves in the performance of them, they may be punished.
These functions the Governor exercises for the benefit of all alike; they are not exercised by him for self aggrandisement, for the increase of his own fame and reputation: his only object in their exercise is the peace, welfare and prosperity of the people. This is the grand object: it is for this that Laws are framed; it is this that the Governor and all his officers must seek to promote.
The Judges.
Next to the Governor, the great Officers, Guardians and Administrators of the Law, are the Chief Justice and the other Judges of the Supreme Court, called Puisne Judges of the Court, that is, of the Court wherein sit the Jury. These Judges are appointed by The Queen and by the
One of the duties of these Judges is to supervise the other Magistrates, and all persons charged with the administration of the Law.
Another part of their office is to preside at the great Courts, namely, the Supreme Courts, wherein they are assisted by the Jury of the Twelve.
Juries.
Juries are selected from among men whose names are written in the book of the Sheriff. At the commencement of each year the Magistrates make out a list of men to hear and. decide cases brought before them. These sit as a Council called a Jury. (See § 34.)
This Council or Jury, together with the Chief Justice, or one of the Judges of the Supreme Court, hear and decide cases of Civil Injuries and Criminal Offences which are too important to be dealt with by the inferior Magistrates. The distinction between Civil Injuries and Criminal Offences, we have before explained.
The parties to any case brought before the Court, may, if they so desire, be represented each by a Lawyer, to conduct their respsetive cases.
A Lawyer is a man who has been bred and trained to the study of the Law and the practice of the Courts of Justice. He stands up before the Court to speak the words of the man whom he represents; that is, of the plaintiff, or of the defendant. The Lawyer examines the witnesses and gathers up and lays before the Court everything that may tend to make good his client's case.
When all has been laid before the Court, the Chief Justice or other Judge, and the Jury, decide in favour of that one of the parties with whom they believe the right to lie. In Criminal cases, the Chief Justice or other Judge awards the amount of punishment to the offender. In Civil cases, the Jury, with the assistance of the Chief Justice or other Judge, declare what shall be the amount of compensation to be given by the defendant to the plaintiff. When judgment has been given requiring the defendant to compensate the plaintiff, he must do so; and if he does not pay, he may, on the application of the plaintiff, he imprisoned until the money is paid, or until the term fixed by the Law is expired.
Procedure In Criminal Cases.
The most important of the duties of the Judges of the Supreme Court is the trial of great "Criminal Offences." Attend to this, for it is very important. If a Criminal Offence has been committed by any person, any policeman or other person who knows of its commission should go to a Magistrate and declare to him all he knows about it. The Magistrate will listen to what is said, and, if in his opinion there is sufficient ground for doing so, he will issue a "Criminal Summons" to cause the man charged with the commission of such offence to appear before him; or, in cases of a serious nature, such as murder, rape, arson, &c., he sends a policeman to fetch him at once. Then, in the Courthouse, all the witnesses are heard by the Magistrate, and, if he believes that the person charged with the offence did commit it, he directs him to be punished. If the case be a serious one, and the Magistrate considers there is sufficient evidence against the person to justify his trial before the Supreme Court, he commits him to prison, to await there the next Session of that Court.
When the day of the Session of the Supreme Court arrives, the prisoner is tried by a Judge of that Court and a Jury: and, if the Jury find him guilty of the offence with which be is charged, he is sentenced by the Court, to death, or to imprisonment, or to whatever punishment the Law prescribes for such offence. If the Court find him innocent, he is discharged. The matter ends here. He cannot be tried again for the same offence. (See § 33.)
Now, listen to the reason why a man charged with a serious Criminal Offence has to appear twice before a tribunal; i e., first before a Magistrate and afterwards before the Supreme Court. It is from the great regard of the Law for the life and liberty of a man. In the eye of the Law there is nothing above these. Hence great caution is used that no one shall be put to death or imprisoned without good and certain cause. The Law does not proceed hastily. Therefore it is provided that one of the heads of the Magistrates, and a Jury composed of twelve of his fellow citizens, shall investigate the truth of the allegation made against a man, and declare whether it be true or false; whether the accused ought to be punished or not. This is an excellent provision. The whole people greatly regard and prize this law and would by no means be willing that it should be altered, because it respects the life and person of a man so greatly.
This law does not, nor does the Law in any case, respect persons. All men before the Law are alike. There is one Law for all, Maori or Pakeha, white skin or black. And it is false to say that by submitting to the Law any man is humiliated, whether Pakeha or Maori. On the contrary, by submitting to Law, and by upholding the Law, a man protects his own dignity, for it is the Law which recognises and secures his rights. The Law is his safeguard by whose protection he will be secure of his life, liberty, and happiness.
Sheriff.
The Sheriff is an officer appointed to carry into execution the judgments of the Supreme Court. If a Judge, after trying a prisoner, says, Let this man be hanged, for he is a murderer, and the Governor consents to this; it is the duty of the Sheriff to hang that man. Similarly, if the sentence of the Judge is, Let the man be imprisoned for a certain term, for he committed the offence for which he has been tried; the Sheriff puts him in prison accordingly.
The custom of nations who have made no advance from barbarism is different. With them, it is usual for the man who has been injured, or for the relations of a man slain, not only to judge, but to punish the offender, and even, if they think it just that he should die, to kill him. This is very wrong, for the passions of these persons are excited, and men cannot judge rightly when in a state of excitement. Moreover, if the infliction of punishment is left to them, they may be carried away by revengeful passion and make it unnecessarily severe. Again, in such a case, the relations of the offender thus put to death might in their turn seek revenge, and the evil would increase.
Another reason why it is not right that the party suffering wrong should seek to redress his own injury is, lest, on the one hand, while smarting under a sense of the wrong he might be led to punish the wrongdoer too severely, or lest, on the other hand, he might allow himself to be bribed by him, and accept a gift as satisfaction, and so a criminal might escape punishment altogether. A rich man might in this manner escape punishment for his offence.
Therefore the law says, let an officer be appointed whose special duty shall be to carry into execution the sentences delivered in the Court by the Judge, and to inflict the punishments awarded by him to offenders. Let him be a stranger to the matter, unconnected alike with the man who suffered and the man who did the wrong, so that he may not be induced to punish too severely, from anger, or too slightly, from favour or pity. The name of this Officer is the Sheriff. This is an admirable arrangement, for no one can feel anger towards the Sheriff: every one knows that be does not act from his own thought, but merely carries into effect that which the Law commands.
Coroner.
Another officer and administrator of the law is the Coroner. His principal duty is to enquire into the cause of any sudden or violent death. For instance, if a corpse has been found in the water, or any where else, the Coroner summons a Jury of the neighbouring residents to enquire into the cause of the death. The Jury with the Coroner go and inspect the body, and then begin to investigate the cause of death. All persons who know anything about the matter are brought and examined by the Coroner. He asks the witnesses what they know about the death, ascertains who last saw the deceased alive, carefully collects all particulars and
If this Jury think the man met with his death accidentally; such as, that he fell into the water and was drowned; a verdict is returned to that effect. There the matter ends, and the body is buried.
But if, in the opinion of the Jury, the deceased was murdered by some, one; the Coroner issues his Warrant to the police, to apprehend the person suspected, who is committed by him to gaol for trial by the Supreme Court.
Then the prisoner is tried in the manner before described. (See § 27.) The Judge and Jury hear all the evidence, and then, if they think that the charge is true, and that the prisoner did murder the deceased, the Court sentences the prisoner to death. If, on the contrary, they think that the prisoner is innocent, he is acquitted by them and discharged. Again; if, in their opinion, the prisoner killed the deceased, but the killing did not amount to murder, but to man-manslaughter, a lesser punishment is inflicted. And again; if the Jury think it not to amount to manslaughter, the prisoner is discharged. (See "Murder" No. 65.)
Jury.
A Common Jury consists of 12 men, summoned by the Sheriff for trials in the Supreme Court. With one exception, juries are not used in trials in the Resident Magistrates' Courts.
The men for a jury are thus chosen. The names of all citizens, between the ages of 21 and 60 years, of good fame and character, are written in a book kept by the Sheriff, arranged alphabetically. When a Jury is required, the Sheriff summons 36 men, taken in order as they stand in the book. The choice of jurymen is not left with the Sheriff. The choice is decided by the initial letters of their names, commencing with A; and when all the names on the list have been gone through, the list is again commenced. Thus it is impossible to select men for a Jury who are likely to favour one side or the other.
On the day appointed for the assembling at the Courthouse, the names of these 36 Jurors are written by the Registrar on slips of paper. These slips are put into a box and shaken together, and then taken out one by one. Each name is called out by the Registrar as drawn. When twelve men have been obtained, the Jury is formed.
Each Juror is then sworn by the Registrar, and takes an oath that he will give a true verdict, according to the evidence. If any person summoned to attend as a Juror neglects to appear, he is liable to a fine not exceeding £10. Thus everything belonging to the administration of Justice is well arranged, so that no difficulty or confusion may arise.
Grand Jury.
Previously to the trial we have described taking place, there sit a body of men, whose duty it is to say, on hearing the evidence for the prosecution alone, whether there is a sufficient case to go to trial or not. If they find that the grounds of prosecution are not sufficient, they so inform the Judge, and the accused is discharged. If they say there are sufficient grounds, the trial of the accused by the Supreme Court is proceeded with. This is the Grand Jury.
Registrar.
The Registrar is the officer who keeps the records of the Supreme Court. He calls over the names of the Jurors and administers the oath requiring them to give a true verdict according to the evidence brought before them. He also administers the oath to the witnesses, requiring them to speak truly. He writes down the proceedings in the rolls of the Court; the accusation; the names
Magistrates.
Magistrates are a useful and honourable class of officers charged with the administration of of the law. They are appointed by the Governor for their good character, intelligence, and moral courage. Some are in the towns, others in the country.
Civil Jurisdiction.
One duty of these officers is to hear and determine Civil matters. But they do not interfere in these matters until some complaint is made to them.
They must not listen out of Court to any matter upon which they are to adjudicate but on certain days, which are previously fixed and known to all, they sit in Court to hear such matters.
Any person who has a cause of complaint against another must go the Magistrate there, and ask for a summons against the man who has done him wrong. The Magistrate then, if he thinks fit, issues his summons to the defendant, and fixes a day, named in the summons, when the matter will be heard.
This summons, is given to the plaintiff, and he must take care that it is delivered to the defendant. He must allow no delay in the delivery; so that the defendant may have time to get up his case, and travel to the place appointed by the Summons for the hearing.
If there be any person who knows anything about the case, and either of the parties wish that the evidence of that person should be taken on the trial, he may apply to the Magistrate, who will summons that person to attend the trial as a witness.
If the witness neglects to attend at the appointed time, he is liable to be fined not exceeding £10. The law provides this, because the absence of a witness might cause the plaintiff or the defendant to lose his case for want of some evidence not produced. Thus a decision might be given by the Court, causing injustice to one party. For this reason the witness is summoned and required to appear, and he must not disobey or absent himself, that the Magistrates may be able to decide justly.
On the day appointed for hearing, when all parties are assembled, the plaintiff, that is, the person who made the complaint, makes his statement, and his witnesses also state what they know.
The defendant, (that is, the person who is charged with the wrong doing,) then cross-examines the plaintiff and his witnesses; that is, he asks questions about what has been said by them, with the view of eliciting anything favourable to his side.
Then the Magistrate also examines them, in order to make clear any point not thoroughly understood.
When the plaintiff and his witnesses have finished, the defendant and his witnesses proceed in a similar manner: the plaintiff cross-examines them; and, finally, the Magistrate examines them, in order that all the facts may be brought out.
When the Magistrates have heard both sides, they deliberate until they arrive at a decision as to which of the parties is right.
When this is done, the judgment of the Court is given. This is pronounced in public, audibly, that all may hear. This judgment must not be founded on more caprice, but upon the evidence adduced, and must be according to equity and good conscience.
This judgment, once delivered, terminates the matter in dispute.
If it is decided by the Court that nothing shall be paid to the plaintiff by the defendant, the Magistrate, if he think fit, may order that the plaintiff shall pay the defendant the expenses that he has been put to by being brought before the Court without a cause. The plaintiff must quietly submit to the decision of the Court, whatever it may be. Although he may feel disappointed, yet let the decision of the Magistrates, that is of the Court, be obeyed by him for he knows that the Magistrate does not lean to either side, nor regard either party with favour or disfavour, but decides according to his unbiassed view of the Law and justice. The Magistrate regards the Law and rght, and does not regard the man.
If judgment goes for the plaintiff, the defendant must pay the amount adjudged.
If either party refuses or neglects to obey the judgment of the Court, the Magistrate sends a constable to take his horses, his pigs, his wheat, or other property, and causes them to be sold until sufficient money is obtained to satisfy the judgment.
If there is not sufficient property to satisfy the judgment of the Court, the party in whose favor the judgment was given, may ask the Magistrate to send the other party to prison, and the Magistrate may imprison him for a period not exceeding four months.
Witnesses.
We will here say a few words respecting evidence given by those persons who are called Witnesses, and who are required to state what they know about any matter which is being tried. When a man is caused to stand up to give evidence before a Court, if he is a believer in God, he is not sworn to speak the truth, the whole truth, and nothing but the truth; but if he is not a believer in God he is not sworn, but is required to make an affirmation that he will speak the truth, the whole truth, and nothing but the truth.
An oath is a very sacred thing It is an appeal to God that He will deal with the speaker in anger or in kindness accordingly as he speaks falsely or truly. It is a prayer to God that He will punish him severely if he tells a lie. Hence men greatly fear to speak falsely in Court after they are sworn. A false oath is a very fearful thing. It is punished in the next world.
The Law has also provided a punishment, in this world, for the person who knowingly speaks falsely, upon oath, or who deliberately makes a false affirmation in Court. (See "Perjury," 70.) The whole fountain of Justice would be corrupted if men were allowed to speak falsely before the Court. Therefore the law is very severe against such men, and inflicts a heavy punishment.
Criminal Offences.
Another class of important duties, appertaining to the Magistrates, is the trial of Criminal Offences. We have before defined this kind of offence. It is an offence against the Queen, that is, against the whole community, of which the Queen is the head. These are the offences which, with their respective punishments, are written in the first part of this book.
These offences affect society at large, and not only the single individual who suffers the wrong. The man who commits one of these offences has insulted and
There is an exception made by the Law in regard to theft, where a Maori is the guilty person, (See "Larceny," 55.) But in most cases of Criminal Offence, the offender himself is made the atonement, and must go to prison as a satisfaction; for his offence is against the whole community.
This is the way the Magistrates act in Criminal Offences. Suppose John goes to the Magistrates in the Courthouse, and tells them that Thomas has committed a Criminal Offence; as, for instance, that he has been guilty of theft. They write down on paper all that John says about the matter, and make him sign his name to it. In serious cases, they swear him to the truth of his statement. After they have heard all that John has to say, if they think that there is sufficient reason to believe that Thomas has committed the offence alleged, they, in some cases, issue a "Criminal Summons" commanding Thomas to come to the Courthouse, on a certain day named, and be tried.
But, in some cases as when the offence is a serious one, they do not issue a summons, but a "Warrant to apprehend," that he may be forthwith brought. This Summons or Warrant as the case may be, is given to a Constable. If it be a Summons, it is delivered by the constable to Thomas. If it be a Warrant to apprehend, the Constable goes to fetch Thomas, and brings him before the Magistrates, and, if he resists, may use force.
When Thomas appears before the Magistrates, the statements of John and all his witnesses are heard, on oath or declaration. They also listen to what Thomas wishes to say in his defence, but they do not swear him. His witnesses are also heard, if any are present. The witnesses are required to make oath or solemn declaration to the truth of their statements.
If the Magistrates think their statements are true, and that Thomas did commit the offence laid to his charge, and if it be a serious one, they send him to Auckland or elsewhere under the charge of a Constable, to be tried by the Supreme Court, that is, by a Judge and Jury.
In some Criminal Offences the accused may, however, be allowed his liberty, and is not detained in prison; but he must engage to
The witnesses who are to give evidence in Criminal Cases are also bound over by the Magistrates, in sums of money, to appear and give evidence on the trial; and if they fail to do so, they are compelled to pay the sums mentioned in the bonds.
There are, however, some Criminal Offences which may be dealt with summarily by the Magistrates, and the offender imprisoned on their commitment. These are stated in the list of Criminal Offences.
There is one great principle of the Law which must be remembered. The Magistrate cannot hear the plaintiff alone. Neither can he hear the accuser alone. Both plaintiff and defendant, (in Civil matters,) and, both accuser and accused,(in Criminal matters,) must be present together at the investigation in the Courthouse, that each may hear what the other says.
It is not righ t for the Magistrate to listen to sceretstatements. The accused must hear everything that is said against him before he can be convicted. This is most just. There is much truth in what Festus said to the chief priests and the elders of the Jews on the occasion of the accusation of St. Paul. "It is not the manner of the Romans to deliver any man to die, before that "he which is accused have the accusers face to face, and have license to answer for himself "concerning the crime laid against him."—Acts 25 c. 16 v.
What was law to the Romans in those days is law to us now. Everything done in the Courts of Law must be open to all the world.
This is another great principle of the Law. A Magistrate cannot adjudicate in his own case: it must be referred to another Magistrate to decide.
And again; the Law protects a Magistrate, while he is engaged in the execution of his office. If a man is impudent in Court, or insults a Magistrate while is discharge of his duty, the Magistrate may commit him to prison. The reason is this; it is not the Magistrate only who is insulted, but the Law also, for the Magistrate is invested with the dignity of the Law, while administering it, and no one is allowed to insult the Law. Out of Court, the Magistrate is no more than any other man; but the dignity of the Law makes the Magistrate great while engaged in its administration.
There is another thing to be remembered. The Magistrates do not make the Law; they only administer it. And if any thing arises for which the Law has made no provision, they cannot act.
Magistrates were first instituted, and placed in different parts of the country, to save people the trouble of constantly going to the central Courts about small Civil matters.
Also, that custodians of the Law might be everywhere present, to look after the preservation of the peace, and enquire without delay into Criminal Offences.
The first establishment of local judicial officers was similar among the Israelites. When the people became numerous, Moses could not attend to all these matters himself, so he said to them, "I am not able to bear you myself alone: the Lord your God hath multiplied you and "behold, ye are this day as the stars of Heaven for multitude. How can I myself alone bear "your cumbrance, and your burdeu, and your strife? And I charged your judges at that "time, saying, Hear the causes between your brethren, and judge righteously between every "man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of "man; for the judgment is God's: and the cause that is too hard for you, bring it unto me "and I will hear it."—Deuteronomy, lc. 9, 10,12,16,17v,
A Magistrate must be upright, and must not regard with favour either one side or the other.
He must. not receive gifts to make him turn favourably to the giver. (See "Bribery," 15.) He must look only at the Law, and carry out its behest. "Ye shall do no unrighteousness in judgment: thou shall not respect the person of the poor, nor honour the person of the mighty: but in "righteousness shalt thou judge thy neighbour."—Leviticus, 19c. 15v.
"These things also belong to the wise. It is not good to have respect of persons in judgment."—Proverb's, 24c. 23v.
A Magistrate must not favor the powerful, nor despise the common person. He must not fear the censure of any man. His only care must be to execute justice acording to the evidence that he hears at the investigation. "If there be a controversy between men, and they come unto "judgment, that the Judges may judge them; then they shall justify the righteous, and condemn the wicked." (Deuteronomy 25c. 1v )
The wrath of the Almighty is upon the man who does not judge righteously, but who favours the man that is powerful, and oppresses the weak, "Cursed be he that perverteth "the judgment of the stranger, fatherless, and widow. And all the people shall say, Amen." (Deuteronomy 27c. 19v.)
The Law is no respecter of persons. Whether great or small; rich or poor; white, black or brown; his name is Man; arid the Law protects him. And if one man is injured by another, the Law prescribes a remedy for him, and a panishment for the wrongdoer.
Let not these principles be forgotten, for they are of no trifling import, but constitute the very source of safety and prosperity to society. Through the operation of his good, just, and intelligent Law, the Pakeha has grown to be great, powerful, and houourable.
Let these principles sink deep into the heart; so that, should any unfortunate occurence take place, there may be no agitation nor anxiety; no rash nor unwise proceedings: the proper course having been previously determined on, every one will be prepared to follow the known path.
Should it unfortunately happen that a Pakeha should kill a Maori, or a Maori kill a Pakeha; there need be no excitement, no agitation, nor fear: it would simply be said, Let the whole matter be left to the Law, which is the guardian and parent of us all. The Law has already provided for cases of murder, and it will not be necessary now to seek for some mode of dealing with such cases. Let the murderer be tried by the proper judicial authorities, and if found guilty, let him be executed according to Law. The relations of the slain man must not say, Give me revenge for my murdered relation. They should rather say, Let crime be punished. Let the guardians of the Law deal with the man who has broken the Law.
Again; do not say, The honour and power of the country is gone to the Pakeha. No; for are we not one people? But why should not the honour and power of the country go to the Law? This would be right; for the Law is for us all: it is the safety of us all; the guardian of us all, and above us all, whether Governor, dagistrate, Pakeha or Maori. The Law protect to us all, and we all should support it.
One word more to the Maori Magistrates. You are at the stern of the canoe, and the straightness of its course depends upon your steering. Let the just Law of England be your compass, to point out the path for you. Let the Law be honoured by you, and its precepts receive all respect. The Pakeha Magistrate will direct and instruct you. You will always receive honour and support from the Governor, and the Pakehas, as well as from all the well intentioned Maories, in the faithful discharge of your duties.
Constables
The Constable, or Policeman, is another of the officers of the Law, whose duty it is to carry out the orders of the Magistrates. And he is sworn before a Magistrate to do his duty.
If a Constable see any person strike another, or offer to do so, or threaten to do so, he may take him and detain him, and carry him before a Magistrate. And in case of felony actually committed, he may, upon reasonable suspicion, arrest a person suspected to be guilty.
A person obstructing a Constable in the discharge of his duty may be arrested, but may not be struck by him. If a Constable hears a disturbance in a house, he may enter. And any person may interfere to prevent Murder or other felony.
Should a private individual see persons fighting, and serious injury likely to result, or the commission of a felony, he must interfere to prevent it. If he fails to do so, he himself will incur blame.
A Constable may use force to arrest a fugitive felon, and if death ensues, it is not Murder.
On a direct charge of felony, the Constable must arrest: if he fail to do so, he will incur blame.
On reasonable suspicion, the Constable may arrest.
A Constable is bound to execute any Warrant of a Magistrate.
If a Constable sees a man drunk in the street, he may take him up. If there is a great disturbance, the Constable may call upon any one to assist him, and the person so called upon is bound to assist.
When a Constable arrests a man, he must take him before a Magistrate, and state the ground of his arrest; he must not keep him in confinement longer than necessary.
Any person assaulting or resisting a Constable in the execution of his duty, or aiding or exciting any person so to do, will be tried and punished by the Magistrates. Let this be remembered by the people who visit Auckland, or other towns, lest they get into trouble. If you see your friend apprehended by a Constable, you must not interfere, nor attempt a rescue. If the Constable has made an improper arrest, the Magistrates will punish him; but you must not interfere, or you will be arrested also.
Thus it will be seen that a Constable is a very useful person. He is the officer who carries into execution all the orders of the Magistrates. He is, as it were, their right hand.
If Constables were appointed in the Maori settlements, they would suppress disturbances, enforce regulations about dogs and pigs, and perform many useful services; thus obviating many of the causes of quarrel now existing.
Several of the Constables now in Auckland are Maories; and they apprehend Pakehas as well as Maories, if they do wrong. As you have already heard, all.men are alike in the eyes of the Law. There is one Law for us all. The Pakeha is not better than the Maori, nor the Maori better than the Pakeha.
For further information about Constables, their duties, and punishments for misconduct, See List of Criminal Offences, "Constable," No. 26.
The principal officers charged with the administration of the Law among the Pakehas having been noticed, and their respective duties briefly stated, a List of Criminal Offences will now be given. Each Offence will have a number assigned to it, and the numbers will follow each other in consecutive order. The name and description of the Offence will be found in the left hand column; parallel with this, in the middle column, will appear the penalty assigned by the Law for such offence; and, in the right hand column the name of the Court in which the person committing such Offence may be tried. At the end of the List, Notes will be added, containing further explanations of some of the Offence, a reference to these being made in the List. Each Explanatory Note will have the same number as that given to the Offence in the List. The Notes will be followed by an Index, arranged in Maori alphabetical order, by reference to which the Maori reader will be able to find the place in the List of any Offence contained in the latter each Offeuce having its number in the List placed opposite to its name in the Index.
A chapter on Civil Injuries, followed by a glossary of English words which have been Maoviized and brought into use in this Book, being printed in italics, with a general Index of the subjects here treated, both arranged in Maori alphabetical order, will complete the information respecting English Law which it is intended to place in the hands of the Maori people at the present time.
Part First.
Criminal Offences.
Criminal Offences.
Notes and Explanations
of Some of the
Criminal Offences.
A Chapter Containing Explanations of Some of the Criminal Offences.
Abduction.—
Unlawful taking away of a Girl.
Note.—These numbers correspond with the numbers in the preceding List of Criminal Offences.
If any unmarried woman be taken or detained by any persons from motives of lucre, without her consent, and with an intention on the part of the taker to marry or to defile her; this also is a Criminal Offence, and is indictable in the Supreme Court. This applies only in cases where the woman is possessed of property, and the person taking her does so in order to obtain her property. In the case of a woman not possessed of property, who may be so taken, another course is adopted; the taker may be indicted for an "Assault." (See List of Criminal Offences, No. 9). Or the case may be treated as one of Civil Injury and compensation Sought in a Court of Law for the injury sustained in consequence of the wrongful act of the taker, which would be a "False Imprisonment." (See Civil Injuries.)
Accessory.
The definition of an Accessory is this: A person not present at the commission of a Felony, but concerned in such an offence, either before or after its commission.
A person present, aiding and abetting, would not be regarded as an Accessory, but as having himself committed a Felony, and would be indicted accordingly in the supreme Court.
One kind of Accessory to a Felony is where the person is concerned in it before its commission. As in the case of a person not present at the commission of a Felony by another, but Who procured, advised, commanded or assisted the person committing it. In the case of a Criminal Offence not amounting to Felony, a person concerned in it before its commission is considered as having himself committed such offence.
Another kind of Accessory to a Felony is where the person is concerned in it after its commission. As in the case of a person who knows of the commission of a Felony by another and receives, relieves, comforts of assists the felon, thus obstructing the course of the Law; whether such felon have himself committed the Felony as a principal, or have only been concerned in it before its commission, as an Accessory. Merely permitting a felon to escape would not make a person an Accessory. In the case of Criminal Offences not amounting to Felony there are no Accessories after the commission.
Accusing of Crime.
Let it be clearly understood that this offence does not consist in simply accusing or threatening to accuse another of committing a Criminal Offence, but there must be no probable ground for the accusation, or it must be made with a view to obtain money from the accused. If a person have probable reason to suppose that another has committed a Criminal Offence, he Must declare it to a Magistrate, and will not be wrong in so doing, but would be wrong in not declaring it. If he make the accusation, or threaten to do so, from improper motives, he will be wrong. If, on the contrary, the accusation be made with proper motives, the Law will not reprove the accuser.
A person so accused by another with proper motives, though the crime be not proved against him, will not be permitted to bring an action against his accuser. The Law protects those who endeavor to uphold and maintain it.
Affray.
Persons committing this Offence, or an Assault, may be bound over to keep the Peace, instead of being committed to prison. (See List of Criminal Offences, "Surety of the Peace," 69.)
Arson.—
Burning Houses, &c.
The act must be malicious and intentional to make it Arson. If done by mischance or thoughtlessly it will not be a Felony. The Law regards the intention of a person in any act.
If a house be accidentally set fire to by any person and burnt, the remedy must be sought by an action at Law for a Civil Injury. Thus, suppose a person should go out to shoot birds for sport and, by accident, fire from his gun should ignite the thatch of a house, and the house be burut; this would not be Felony.
But if a person, intending to commit a Felony, accidentally set fire to the house of another, and the house be burnt; this would be Arson. Thus, suppose a person were to go with the intention of burning the house of one man and should undesignedly set fire to the house of another; this would be Arson. Or thus, if a man should intentionally set fire to his own house, and the house of another is burnt in consequence, such house being either near to his, or so situated that if the one were burnt the other could not escape; this would be Arson.
The rule laid down by Moses for such cases was very similar, as it directed that the remedy should be by Civil process. "If fire break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field, be consumed therewith; he that kindleth the fire shall surely make restitution." Exodus 22. 6.
Assault.
Any person who aids or counsels another in the commission of this offence, may be punished equally with the person who actually commits the offence.
To encourage a dog to bite any person is an Assault.
To ride over a person with a horse, or designedly to drive a cart against a person, thereby causing hurt, is an Assault.
To lay hands upon a girl in an indecent manner, the girl not consenting, is an Assault.
If two persons are fighting and one of them unintentionally strikes a third person, it is an Assault.
If a Constable, while engaged in suppressing or preventing a disturbance, be obstructed by a person standing in his way, he may apprehend such person.
If a person forcibly enter the dwelling of another, the owner may expel him. If the intruder entered quietly, the owner of the house must tell him to go out before he attempts forcibly to expel him. But it is always better, in the ease of a trespass, in the first place, quietly to desire the intruder to depart, or to desist, and not to begin by striking him, though unlawfully molesting his person or property. If the intruder will not desist, he may then quietly lay hands on him to thrust him away, but must not thrust him with violence, unless resistance be offered, in which case more force may be used. But it is much better, if possible, to have recourse to the Law.
Another mode of dealing with cases of Assault is by seeking compensation. (See Civil Injuries.)
Bribery.
The law of Moses said with reference to this, "Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous." Deut. 16.19.
Challenge.
If a person challenge another to fight with him, or be the bearer of a challenge to another, it is a misdemeanor, although fighting may not follow. Or if one provoke another by a letter, or otherwise deliberately insult him, in order to excite him to passion, and thereby provoke a challenge, it is a misdemeanor. It will not exculpate the person committing this offence to show that he was first provoked by the other. This may perhaps apply to the Maori curse, which is an insult tending to excite anger and to provoke a challenge. The person uttering such a curse may be required to find sureties for his good behaviour, that is, persons to make a written promise to forfeit money to the Queen if he again offend.
Compounding.
There is one exception to the Law in reference to this offence, in the case of a thing stolen by a Maori. In this case the Resident Magistrate, may, if he think fit, allow the thief to pay into Court four times the value of the stolen articles, and he may then be discharged; such restitution being substituted for imprisonment.
In some cases of Misdemeanor whereby any person sustains injury, as in the case of Battery or of Libel, the defendant is permitted to speak with the prosecutor before the sentence of the Court has been pronounced. If they come to an amicable arrangement, and the prosecutor says he is satisfied, and has no wish to press the matter further, a slight punishment will be inflicted on the offender; such as, it may be, fining him a shilling.
Extortion.
The Law never allows any Officer engaged in its administration to receive money under color of his office, from private persons, for his own use.
The Queen receives all Court fees for the benefit of the public. The money is expended by the Government in defraying the expense of providing for the regular administration of the Law in accordance with established rules.
The Queen in the same manner receives all Fines. In some cases the Law directs that they shall be paid, by way of compensation, to the person injured by the act of the offender, or to the person informing or active in procuring his conviction. In some cases the Law prescribes such an appropriation of the fine; in others, it is left to the discretion of the Magistrate. In some cases the whole of the fine is so appropriated; in others, a part only.
Larceny.
The power which Magistrates now have of permitting this offence to be atoned for by a payment, when committed by a Maori, is not intended to be permanent. It is an indulgence allowed for the present, while the Maori people are ignorant. It is not permitted in he case of a Pakeha, who, if he steal, must be imprisoned: money cannot be received as an atonement for his offence; he himself must be the atonement. (See Explanatory note to Compounding, 23.)
The thing taken must pass into the possession of another to constitute the offence of Larceny. If taken by a man's wife it is not a Larceny, as the husband and wife are one; the former possesses that which is in the possession of the latter.
If a thing be taken by mistake, under the impression that it might be lawfully taken; or taken with an intention to return it to the owner; such taking would not be Larceny. But it the taking were Larceny, though the thing stolen were restored, the taking would still be Larceny.
Robbery.
If anything be snatched with violence from a man's person, or forcibly taken, it is Robbery. But in general a mere snatching anything from another, without any struggle or injury to the person, will not be accounted Robbery.
If intimidation be used to compel another to deliver anything belonging to him, and it be delivered and received, the taking is Robbery. If injury to the person accompany the act, the punishment will be augmented.
It is certain that the "Taua Maori" is contrary to Law, and that when goods are taken by a Taua, they are stolen, and the offence of Larceny is committed; the takers are guilty of Larceny, and the receivers are guilty of Receiving stolen goods. But goods taken upon the authority of a Magistrate's Warrant are lawfully taken, because the process is one appointed by the Law. The "Taua Maori" is not lawful; it is a Larceny, and a Criminal Offence. The officers of justice should do their best to suppress and put an end to this bad custom.
Manslaughter.
The Law respecting Homicide will be here explained.
There are three kinds of Homicide;—
- —Homicide which the Law justifies.
- —Homicide which the Law excuses.
- —Homicide which is felonious; that is, Homicide which can neither be justified, nor excused from punishment.
1. Homicide which the Law justifies is this. When a person deprives another of life, without desiring to do so, without misadventure, and without negligence. Thus: a convicted Criminal is sentenced by the Judge to be put to death, and is accordingly put to death by the Sheriff: this is a lawful taking of life, and the person who thus takes life, that is, the Sheriff, is justified in so doing. It is not of desire, nor by misadventure, nor through negligence, on his part, that life is so taken by him. Nor is it his own act, but that of the Law, of which he is but the servant. He is therefore justified when he thus takes human life. But this can be done by the Sheriff only, who has been appointed for the special duty. (See Introduction, § 30 "Sheriff.")
If any person, other than the Sheriff, put another to death, though the person so put to death be guilty of a crime deserving the punishment of death, the act will be Murder, because done without authority.
There are other cases where homicide may be justified. Thus: when an Officer of Justice is assaulted or resisted in the discharge of his office, and kills the person so assaulting or resisting him. When an Officer endeavouring to apprehend a person charged with a Felony is resisted by him, and in the attempt to capture, kills him. Or when an Officer in charge of prisoners, either in prison. or while being conveyed thither, is attacked by them, and some of them are killed by him in the endeavour to prevent their escape. But Homicide, in all these cases, can only be justified when such Officer can by no other means effect his object. Thus, there must be no other possible way by which the criminal could be apprehended; no other means by which the Officer in charge of the prisoners might detain them: in such case only will the Homicide be justified.
Another kind of Homicide which the Law justifies, is in such case as this. A person kills another in the attempt to prevent the forcible commission by him of some atrocious crime. This would be justified by the Law. Thus if a man were to attempt to rob or murder another; or to break open a house in the night; or to set it on fire; and be killed in the attempt by a person seeking to prevent the execution of his purpose; the Slayer will be exonerated by the Law.
This will not apply where the attempt to commit crime is not accompanied with force; such as a case of common stealing, or of breaking into a house in the day time, unless accompanied by an attempt to rob.
Another case of Homicide which the Law justifies is this. If a man attempts to ravish a woman, and is killed by her, the woman will be justified by the Law. Or if a man attempt to ravish a woman, and be killed by the husband or father of the woman; homicide in such a case is justifiable. It is otherwise, if the husband or father take them in adultery the woman consenting; in such case homicide would not be justifiable. In the former case, the woman is forcibly defiled, and the offence is a Felony; but not so in the latter, This distinction should be carefully borne in mind; lest a mistake should be made, by straining this doctrine to meet cases which it does not reach: as it is inapplicable to those cases of crime which are not attempted with violence.
2. Homicide which the Law excuses is:—when it is committed by accident; or, when it is committed for self-preservation. By accident—as when a man, quietly engaged in a lawful act, without any ill intention, causes the death of another. As when a man is at work with an axe, cutting wood, and in wielding the axe the head flies off, and strikes a bystander, causing his death. Or as when a man goes out to shoot birds, and accidentally kills another. Or as when the horse on which a person is riding, is whipped by another person, and it runs
Another case of Homicide which the Law excuses is this:—When a man wards off the blow of another aimed with intent to kill him, and in so doing deprives his assailant of life. This is called Self Defence. But a man may not attack another for injuries past or about to be inflicted on him by his adversary. Only while the attack continues, the assailed may defend himself, and if in so doing he kill bis assailant, the Law will excuse him. If, however, he attack his adversary, he will be wrong, for the Law is his proper resource, if he have suffered, or is about to suffer wrong, at the hands of another. Wherefore the right of Self Defenee should be exercised only in cases of sudden and unforeseen violence offered by another; when serious injury to the person would be the consequence of waiting for the interposition of the Law. For this reason it has been provided that the plea of Self Defence is admitted by the Law as an excuse for Homicide, only when it is shown that the killer had no means of escape, or of avoiding the stroke of bis assailant. Care must also be taken not to employ too great force in Self Defence, lest it partake of the character of an attack on the part of the person defending himself, and he become an aggressor upon the other.
The plea of Self Defence, as rendering Homicide excusable by the Law, will hoki good in the case of a person killing another in the defence of the life of bis wife, of his child, or of his parent, from an attack by another.
3. Homicide which is felonious, is a totally different thing from the kinds of Homicide before spoken of. It is the killing of a human being altogether without legal ground of justification or excuse.
A man killing himself commits this offence.
A man killing another commits this offence; and the killing of another is divided into Manslaughter and Murder.
Manslaughter is the unlawful killing of another without malice expressed or implied,—that is, shown outwardly, or existing within. It is sometimes voluntary and sometimes involuntary. Involuntary Manslaughter is, when a man engaged in any unlawful act, not felonious, or tending to bloodshed, kills another undesignedly. Another case is, when a man engaged in a lawful act does not take proper care, and kills another undesignedly. But if the act be felonious, the offence will be Murder.
If two persons quarrel, and afterwards fight, and one be killed, it will be Manslaughter, if the interval between the quarrel and the fight had not been sufficient for passion to subside; but if there had been an interval, or it appear that malice incited the deed, it is Murder. It is immaterial which of the parties struck the first blow.
And even in a case when there is no interval between the quarrel and the fight, for passion to cool; but indications of malice and murderous intention on the part of the killer are manifest; it is Murder.
If two persons quarrel and fight, and one of them provide himself with a knife, or other deadly weapon, and wait for his opponent, and they meet again and quarrel and fight, and the one armed with the knife kill the other; this is Murder.
If a person upon grievous provocation, under the influence of passion, suddenly strike the person offering the provocation, and death ensue; this will not be Murder, but Man
Murder.
This is the unlawful killing of another with malice aforethought. There are two meanings included in the expression "malice aforethought." One—when the malice is outwardly expressed. Another—when it is latent within, implied. It is so expressed, when malice on the part of the slayer to the individual slain is evident. It is implied, when malice is assumed from the act itself; as when a gun is fired at a number of persons, and one of them is killed; or when a person on slight provocation kills another; or when a person kills an Officer of Justice while engaged in the execution of his office; or when a person, intending the commission of another felony, contrary to his intention and undesignedly, kills another.
Most cases of Homicide are malicious, and amount to Murder. Those cases must be excepted which have been specified above, and which do not amount to Murder, viz.:—Cases of Homicide which the Law justifies; cases which the Law excuses; and cases of Manslaughter.
The accused must show clearly to the Court and to the Jury all the circumstances of the case,—that is, all the evidence which may tend to justify a verdict of justifiable or excusable Homicide, or Manslaughter. It is for the accused to take care that all such evidence is produced and clearly set before the Court. It is the province of the Jury to look at the evidence, and decide whether it be true or false. The province of the Court is to decide how far that evidence reduces the magnitude of the offence; for the Law presumes all Homicide to be Murder, or to be malicious, until evidence is adduced to show why it should be regarded as less than Murder.
In the Law of Moses the distinction was very clearly drawn between Murder and Manslaughter on the one hand, and Homicide which the Law excuses, oh the other.
"He that smiteth a man, so that he die, shall surely be put to death." Exodus 21.12.
"But if he thrust him of hatred, or hurl at him by laying of wait that he die; or in enmity smite him with his hand, that he die; he that smote him shall surely be put to death; for he is a murderer." Numbers 35. 20, 21.
This is murder.
"But if he thrust him suddenly without enmity, or have cast upon him anything without laying of wait, or with any stone, wherewith a man may die, seeing him not, and cast it upon him, that he die, and was not his enemy, neither sought his harm: then the congregation shall judge between the slayer and the revenger of blood according to their judgments. And the congregation shall deliver the slayer out of the hand of the revenger of blood." Numbers 35. 22–25.
This is not Murder.
Again—"Whoso killeth his neighbour ignorantly, whom he hated not in time past, as when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die; he shall flee unto one of those cities and five: lest the avenger of blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; whereas he was not worthy of death, inasmuch as he hated him not in time past." Deuteronomy
Let not these words be forgotten by any one:
"He was not worthy of death; inasmuch as he hated him not in time past."
Punishments.
Formerly, the punishment inflicted on a person guilty of some of the Crimes enumerated in the List of Criminal Offences was transportation of the offender to some other land. Lately, the Law has been altered in this respect; transportation of criminals has been discontinued, and imprisonment substituted; with the addition of hard labor, and other aggravations. Had it been wished to state the exact punishment assigned to each offence, it would have been necessary to state precisely, which were punished by imprisonment only; which by imprisonment with hard labor; and which by imprisonment with other additions to make the punishment equal to transportation, which has been discontinued. It was thought, however, that this might cause confusion, and that it would be better to include all under the general head of "Imprisonment."
There are other provisions of the Law appointing punishments for the commission of Offences, and for the neglect of duties. These however, do not at present apply to the Maori people, and therefore have not been stated here. It is not said that all Criminal Offences are here set down. Those principal ones have been described, with their punishments, a knowledge of which it has been thought necessary that the Maori people should possess, in order that they may grow up with a proper respect and regard for the law. Those are omitted which are not of frequent occurrence, and those only are given with which it is thought the Maori people ought now to be made acquainted.
[The List of Criminal Offences having been arranged in English alphabetical order, an English Index is not required.]
The list of Criminal Offences having been arranged in English alphabetical order, an English Index is not required
Part Second.
Civil Injuries.
Civil Injuries.
Civil Injuries.
In this Chapter it is intended to set forth and explain the provisions of the Law with respect to Civil Injuries, that is, those wrongful acts of a man whereby he becomes an offender against his fellow man individually.
The provisions of the Law with respect to Criminal Offences, that is, those acts of a man whereby he becomes an offender against the public, have already been set forth and explained with the punishments assigned to each offence.
A wrongful act whereby a man becomes an offender against the public is called a Criminal Offence, and the person committing it is punished. In the case of an offence against an individual, it is different; compensation may be awarded to the person injured by the wrongful act, or Civil Injury.
The Courts of Justice, already described, are instituted for the purpose of trying and punishing Criminal Offences, and also of giving redress and compensation for Civil Injuries. It is one great principle of the Law, that no man may fix the compensation to be given to himself for any Injury: he must not step over the Law to redress the wrong done to himself: he must look for redress to the Courts of Justice.
The injuring and injured parties may, however, confer together, and arrange terms of satisfaction, instead of carrying the case into Court. This would be perfectly right: indeed the only reason why any matter of this kind is taken into a Court of Justice, is because the parties at variance are unable to settle it amicably themselves.
The principle just stated, that no man is permitted to enforce compensation for the injury he may sustain by the wrongful act of another, is correct; but there are some exceptions. There are cases in which a man is not required to wait for the ordinary course of the Law. Of such cases we will now speak.
-
Another instance in which a man may redress an injury done him is in the removal of Nuisances.
The name of Nuisance is given to any thing which unlawfully inconveniences or annoys, and the person aggrieved thereby may remove such nuisance, if he can do so peaceably, without causing a disturbance by such removal, and without needless injury to anything belonging to the party causing the Nuisance which is removed.
There are Private nuisances and Public nuisance.
If a person unlawfully place an obstruction before the window of my house; this is a Private nuisance, affecting me individually; and I may quietly remove such nuisance.
But if a person obstruct the Queen's highway; this is a Public nuisance, affecting the whole community; and any of the Queen's subjects may proceed quietly to remove such nuisance.
This power is not, however, to be used on slight occasions; but only on those which are urgent. It is much better to have recourse to the Law, that is, to a Court of Justice.
-
Another case in which a man may himself redress his own injury, is when Cattle, belonging to another, trespass and do damage on his cultivation, garden, or plantation; when they may be taken by him, driven to a pound, and there kept until compensation be made for the damage done by them. The Law permits this, considering that if the animals were merely driven out and then search made for their owner, the latter might not be found, or, if found, might deny that the Cattle committing the trespass or damage belonged to him. But if the trespass was owing to a defective fence, or a gate left open, the Cattle may not be impounded.
If a man's cattle are lawfully impounded, he must notattempt to recover them by force, or he will be guilty of a Criminal Offence. See Criminal Offences, "Pound Breach," 73.
A person impounding animals for trespass, or damage, may not work or use them. But he must supply them with sufficient food, for which the owner must pay when he releases them. The owner must pay for two things: for the damage his animals have done, and for the food they have consumed while in the Pound, before lawfully released by him.
We have now stated those cases where a man may himself redress a wrong done tq him. These are:
We will now speak of those Civil Injuries for which redress must be sought in the Courts of Justice instituted for that purpose.
The mode of obtaining such redress is by a Suit, This proceeding is called by the Pakeha an Action, or Suit at Law. The person sueing is called the Plaintiff, and the person sued is called the Defendant. For example: suppose one man owes money to another, and will not pay it on being requested to do so, and the creditor wishes payment to be compelled by the Court; he commences an "Action;" that is, he applies to the Court for a summons to cause the person owing him the money to appear, in order that the Court may hear what both have to say, and adjudicate upon the case. Or in the case of a breach of contract: as, when a person has engaged to perform certain work, or to pay certain money, or has made any other agreement and fails to perform his engagement, an Action may be brought. The person who has suffered by the breach of agreement may apply to the Court for redress, and to compel the other party to make compensation. Or if a man's personal goods are unlawfully detained by another, he may bring an action to obtain the restoration of his property by the Court. Or if a person receive injury accompanied with violence, as in the case of a serious assault, and seeks to obtain damages;
He brings an Action against the person who assailed him. And in all cases where damages are claimed for injury by another to person or property, the mode of procedure is the same: and this is called a "Civil Action."
We will now consider those wrongful acts which affect a man's personal rights, in the enjoyment of which the Law is his protector.
One of these rights is, Security from injury
Another of these rights, in the enjoyment of which the Law protects a man, is that of personal liberty; by which a man is master of his actions, and is free to come and go as he pleases, without being subjected to unlawful restraints or interference by any. These are the personal rights of a man, in the enjoyment of which the Law is his protector.
- We will speak first of injuries which affect a man's natural life, that is, of those which tend unlawfully to deprive him of it. These are not regarded as merely Civil Injuries, but as Criminal Offences; for they are heinous Crimes in the sight of both God and Man. They will not therefore be considered here. Information respecting them will be found in the First Part of this Book, where Criminal Offences are treated of.
- We will next speak of Injuries which affect a man's body. These are regarded by the Law as of a two-fold character. They are regarded as Criminal Offences,—Offences against the Community: they are also regarded as Civil Injuries,—Injuries for which the injured party may seek redress. The proceedings in reference to these eases, when regarded as Criminal Offences, will not be entered on here: they are described in that part of this Book which treats of Criminal Offences. We will here speak of the proceedings in reference to such cases, when regarded as Civil Injuries.
Wrongful Acts which affect a man's body, and are regarded in part as Civil Injuries, are these:—
Listen, however, to what is essential to make these acts Offences of which the Law will take cognizance: they must be done without authority, that is, contrary to the Law. For they may sometimes be done without an Offence being thereby committed, viz., when a person is properly authorised to do them. A parent who moderately corrects his child will not be deemed to have committed such an Assault as the Law reproves. So a teacher in administering moderate correction to his pupil, would not commit an Offence, because he has a lawful authority for his act.
There are also other cases where a man may do acts similar to those here described, without being guilty of an Offence against the Law.
Again; if a person should come and unlawfully take possession of my goods, I may justify laying hands on him to prevent his taking my property, and, if he persist with violence, I may beat him away. So also an Officer, in the execution of his duty, may lay hands upon another without committing an Offence; as in the case of creating a disturbance in a place of Public Worship; the person in charge may quietly expel the person offending, and will not be wrong in doing so.
There are some kind of injuries, affecting the bodies of men, which are not the result of intention on the part of the person causing the injury, but arise out of an act of carelessness or negligence. Thus, in the case of a person embarking in a canoe which is upset through carelessness or unskillulness, and sustaining injury, it will be chargeable upon the person who caused the accident, as it resulted from his carelessness. The same applies in the case of a person travelling in a carriage, when, through the carelessness of the driver, the carriage is overturned and bodily injury is sustained.
Another case is where a vicious dog or mischievous animal attacks a person, and inflicts injury. The blame in such case will fall upon the owner of the animal, if he were aware of its evil propensity. But if the dog were carefully kept for the protection of his premises, and a person incautiously entered by night and was attacked; the owner would not be answerable, as it was the fault of the person entering the premises without proper caution.
(III.) Injuries which affect a man's good name. For instance; when defamatory words are maliciously spoken. The cases in which the speaking of defamatory words would be regarded as a Civil Injury, and actionable, are as follows. When any thing is uttered of another, imputing the commission by him of an Offence punishable by Law; as if one should say of another, that he had administered poison to some person; or that he had spoken falsely on oath: any such imputation would be a Civil Injury. Or if defamatory or disparaging words are uttered of any public Officer, in his official capacity.—as, if one should say of a Magistrate, that he is partial in his decisions; or that he receives bribes:—this would be a Civil Injury.
In the case of words which do not convey a direct charge of a crime punishable by Law, the Plaintiff must show that he has suffered injury from the use of those words, or an action will not lie: if no injury has been sustained, a Court of Law will not entertain a suit for redress. For instance; if one should impute inchastity to a woman, and she, in consequence of such imputation, lose her situation; or otherwise suffer; this is a Civil Injury, and redress may be sought in a Court of Law. Or if misconduct were falsely imputed to a Native Teacher, and he were to be dismissed in consequence of such imputation; it would be a Civil Injury, and actionable.
But if the disparaging words were spoken by way of advice and in a friendly manner, they will not furnish proper ground for an Action, because they were not spoken maliciously. It was said in the beginning, that only defamatory words, maliciously spoken, were regarded as injuries cognizable by the Law. And so in the case of statements properly made by one man in respect of another; as when a man communicates to a Magistrate a statement respecting a third person, which may be disparaging to his reputation; it is no wrong if such statement relate to matters which the Magistrate ought to know. Also, if the statement be true, and the defendant, that is, the person making the statement, can prove it to be true, a Court of Justice will give no compensation to the person respecting whom such statement be made; for the Law does not compel a man to pay for speaking that which is true, although it may be defamatory.
There is a rule to be observed in reference to taking legal proceedings for injuries of this kind: they must not be delayed. If two years are allowed to pass after the defama-
tory words have been spoken, no legal proceedings can then be taken. There are a few exceptions, where a longer time is allowed, but in most cases much delay is not permitted.
Libel.
Another injury which affects a man's good name is a Libel, that is, a written or printed paper put forth to the public containing malicious and defamatory matter. Although it may contain no actionable word, yet if it contain anything tending to injure or degrade a man in the estimation of his fellow men, or to make him the subject of ridicule; whether it be printed or in writing, or a picture; it is a Libel. A Libel is regarded in a twofold light:—as a Civil Injury, and as a Criminal Offence. See List of Criminal Offences, "Libel"57.
Another injury, affecting a man's good name, is by a false and malicious prosecution. The Law gives large compensation for this injury. But the Plaintiff must show that there were no probable grounds for instituting the prosecution, as only in such case can he with propriety sue in a Court of Justice for compensation.
There are four things necessary in order to justify legal proceedings against any person for this injury, that is, for a malicious and false criminal prosecution: these four circumstances must all concur in order to form sufficient ground for an Action.
The injury which affects the liberty of a man, that is, the right which the Law gives him of being master of his own actions, is False Imprisonment.
The Law has decreed a punishment for this, which is a Criminal Offence. It also gives reparation to the person falsely imprisoned, by a Civil Action in a Court of Justice to recover, from the person who inflicted the injury, compensation for any loss sustained in consequence of such imprisonment.
Two things are essential to constitute the injury of False Imprisonment.
Any detention of the person is an Imprisonment, whether the place of confinement be a common prison, or a private house; or even a forcible detention in a public road; and it will be called a False Imprisonment, when a person is so confined or detained by another without authority.
We will now speak of those injuries which affect a man individually in his private relations; such as may be done to a person, as a husband, as a wife, as a parent, or as a child.
There are three principal injuries which may be offered to a man as a husband.
If a girl is seduced, her parent or guardian may bring an Action against the seducer and recover damages. In order to sustain such Action, it will be sufficient to prove that the girl was under 21 years of age at the time of the seduction. If she were above 21 years of age, it will be necessary for the parent or guardian to prove that the girl was living with him at the time of her seduction, and that he has suffered loss by being deprived of her services. This must be proved in order to sustain an Aetion against the seducer.
And, in assessing damages, the dishonour done to the plaintiff by the conduct of the defendant will be considered by the Court. And, as in the case of adultery previously described, the behaviour of the parties, of the girl and of the parents, will be considered as forming ground for diminishing the compensation to be given to the plaintiff. It must be remembered, that in such a case, the woman herself cannot sue, but the action or suit for damages must be brought by her parent or guardian; for the woman could not be said to have sustained an injury by the act of the seducer, because she was a consenting party.
There is a provision of the Law which prescribes Limits within which an action for a Civil Injury must be brought. When the time allowed has past, no action can afterwards be brought. There are many particular rules fixing such limits; one rule applying to one case; another rule to another case. Those only, however, will be stated here which are most important to be known by the Maori people.
The reasons why the Law has fixed these limitations to actions are; to prevent uncertainty about titles to land and other property, and to make them permanently secure; to preserve peace; to prevent perjury; and also to secure, as far as possible, that all evidence relating to any matter to be brought to trial be produced while the persons who saw or knew anything of the circumstances are living, and remember those circumstances; for if no limit were fixed within which cases must be brought for trial, and long delays were permitted, it might not be possible to produce the evidence of the persons having knowledge of the circumstances, when required, from their having gone elsewhere, or having died, or having forgotten those circumstances, during the interval.
One limitation is in the case of Debt. The Law requires that the action must be brought within 6 years. If 6 years pass after the debt was contracted; or after the last payment on account was made; or after a written promise to pay was given; an Action cannot then be brought. The Law refuses to interfere on behalf of the creditor, because he was himself to blame for the delay. The rule is the same in the case of a Contract. If it be broken, and one of the parties wishes to sue the other on account of such breach; the proceedings must be taken within the space of 6 years.
Land.
The rules with respect to actions at Law in reference to Land will not be stated here, because the Maori tenure of land is quite different from that of the Pakeha. The Law of the Pakeha in reference to land, does not apply to land held under the Maori title. If, however, the Maori tenure were made similar to that of the Pakeha, the provisions of the Law of the Pakeha, in reference to land, might be brought into operation for the adjustment of those disputes which now arise among the Maori people, and cause strife between their tribes. If their lands were divided, and each individual had his own portion, and held it under the same kind of title as the Pakeha holds his land, that is, under a title which could be recognized by the Law, the Pakeha Law might then with propriety and advantage be brought to bear upon all cases of disputed ownership. It is a good and just Law, and there is no case of dispute about land among the Pakehas which cannot be properly adjusted by it. Possibly the Maori people may soon adopt the Pakeha mode of holding land, when the same Law will extend to both alike, and protect each individual land owner, of both races, in the peaceable enjoyment of his own estate.
We have here endeavoured to explain some of the principal features of the English Laws, and if the Maori reader makes himself master of what has been written, he will understand enough of the Law of the Pakeha to convince him of its justice, and of the advantages which must result from its being acknowledged and obeyed, by the Maori as well as the Pakeha.
There are many other matters respecting which rules have been laid down by the Law. There is the Law about Wills, or written documents, by which a man arranges who is to possess his land, or other property after his decease: there are also rules about many other matters. Those we shall leave for some future time. That which has been already explained may suffice for the present.
Glossary of Maoriized English Words.
This Chapter contains explanations of some English words which have been Maoriized and used in this Book. These words are here arranged in the Maori alphabetical order. This has been done for the sake of the Maori reader, who, when he comes to a ward which he does not understand, may refer to this Chapter, where he will find all such words with their explanations or a reference to the place where such explanation is given. Words commencing with the letter "A" will be found together under A, those of which the first letter is "K" under K, and so on to the end.
[This Glossary of Maoriized English words, many of which are now first introduced into the Maori language, contains definitions of such words, suited to the Maori reader, which, it is hoped, may prove intelligible and useful to him. It would, however, be difficult to render these definitions into English in such a manner as to give at once an accurate translation and a precise definition of the English word. As moreover, no practical advantage would be gained by giving an English translation, it has not been attempted.]
Index Of Subjects
Upoko Rarangi INga Korero I Roto I Tenei Pukapuka.
Index
A
B
C
D
E
F
G
H
I
J
L
M
O
P
Q
R
T
UV
W
Ko Nga
Ture O Ingarani.
Ture O Ingarani.
Ko Nga
Ture O Ingarani;
Ture O Ingarani;
He Mea Whakahau Iho
Na
His Excellency Colonel
Thomas Gore Browne
Na Te Kawana O Niu Tirani,
Kia Whakarapopototia Kia Whaka-Reo-Maoritia.
Kia Whakarapopototia Kia Whaka-Reo-Maoritia.
Akarana, Niu Tirani.
Tepara Whakaatu INga Upoko O Te Pukapuka Nei .
He Pukapuka
Na Te Kawana Ki Nga Iwi Maori O
Niu Tirani.
E aku Hoa,
E nga Rangatira me nga
I mua, i kapi tenei whenua i te kino, i te pouri, i te he; kahore he kai whakapuaki mo te pai, kahore he kai atiati mo te kino.
Na wai a, ka tae mai nga Mihinare, ka korero ki a koutou i te kupu a Te Atua. Titiro ana koutou ki te pai o a nga Mihinare korero, ahuarekatia ana, manaakitia ana e koutou, hapainga ana hei tikanga mo koutou ko nga tikanga o te Whakapono, koia tenei kua mutu nei te nuinga o te kino ki tenei whenua.
Na, ko a nga Mihinare, he mea korero mangai atu ki a koutou i te tuatahi, muri iho, ka whakaakona koutou ki te korero pukapuka: na, ka whakamaoritia ko nga Karaipiture tonu a Te Atua; taia ana ki te perehi, tukua ana ki a koutou hei titiro iho ma tera, ma tera.
Na, ka tae mai, ko te Kawanatanga; homai ana, ko nga tikanga o te Ture o Ingarani; korerotia mangaitia atu ana ki a koutou aua tikanga; matakitaki mai aua hoki koutou ki ta te Pakeha whakahaere i tana Ture ki a ia ano. Kitea ana e koutou, ko te mahi kino, pokanoa, ka riria, ka whiua hoki e tenei Ture; ko te tika ka whakatikaia, ahakoa tangata iti, a ko te he ka whakahengia, ahakoa tangata nui. Inaianei, ko etahi o nga tangata Maori kua timata te matau, te whakaae, ki te pai o tenei Ture hei Ture mo nga tangata katoa o Niu Tirani, Pakeha, Maori hoki. Na, ka whakahaua iho nei e ahau kia tuhia nga tikanga nui o to Ingarani Ture, kia whakamaoritia, kia taia ki te perehi, kia tukua ki a koutou, hei titiro ma tera, ma tera.
Kahore aku pukapuka pera me ta nga Mihinare; na Te Atua tonu hoki nga kupu o ta ratou, ko nga kupu o te Ora tonu. Heoi, ko taku pukapuka
Kahore he Iwi ke atu o te Ao i pera te pai o tona Ture: i a Ingarani anake ano te Ture i tino pai, i tino tika; a e aroha ana te Iwi katoa ki tona Ture, e rongo ana i tona Ture, e whakahonore ana, e whakanui ana i tona Ture. Ko te tangata whakaaro kino, e wehi ana, ta te mea, e mohio ana ia, ko te Iwi katoa kei te hapai i te Ture, a ko katoa ka riro hei hoa whakakaha i te Kai tiaki o te Ture, ara, i te Kai-whakarite-whakawa; na, kahore he rerenga mona.
Na konei hoki, kahore he wehi o te Katipa pirihimana ki te haere atu, tona kotahi, ki te hopu i te tangata kua whai hara ki te Ture; ko te Iwi katoa hoki hei tuara mona; na, ka, taea ano taua tangata hara te tiki atu e tona kotahi; tena, me i kaua te manaaki nui o te Iwi ki tana Ture, haere kau pea te ope nui ki te tiki; e riro mai ranei, kaore ranei.
Na konei i peneitia ai te whakatakoto i enei nga tikanga ki o koutou aroaro, hei tango ma koutou, hei pehea ranei; penei me nga tikanga o te Whakapono i whakatakotoria ki o koutou aroaro e nga Mihinare. Na, ki te kitea e koutou he mea pai enei, tangohia, manaakitia, kia wawe te noho tahi tatou: ki raro i te maru kotahi, ara, i to te Ture; kia tupu tahi ai tatou i runga i te pai.
Ko tenei, e hoa ma, to koutou pukapuka na! Korerotia; a ka tae ki te wahi kahore i ata marama te kupu, uia tona tikanga.
Na Te Kawana.
Ko Nga
Ture O Ingarani.
Ture O Ingarani
Ko Nga Ture O Ingarani.
Korero Timatanga.
He korero whakaatuatu tenei nga tikanga o tenei mea e whakamaoritia atu nei tona ingoa, Ko to Ture,—Ko te Ture o Ingarangi,—Ko te Ture o te Kuini.
E rua nga Ture e whakahaerea ana i te ao nei;—ha Ture Atua tetahi;—he Ture tangata tetahi.
Ko te Ture Atua, koia tera kua takoto te tuhituhi kei nga Karaipiture Tapu. He whakatakoto ta te Ture Atua i nga tikanga mo te wairua, mo te hinengaro o te tangata. He paraire tana i te ngakau o te tangata. He whakahe ta te Ture Atua i nga whakaaro kino, i nga hiahia kino o te ngakau, tona putanga ki waho, to aua kitahia kino, ko nga mahi kino a te ringaringa. He whakaatu ta taua Ture i te whiu mo te kino, ahakoa kei roto i te ngakau e huna ana, kei waho ranei i te tinana e whakaputa ana.
Ko te hunga kei a ia te tikanga whakahaere, whakaatuatu hoki i nga tikanga o te Ture Atua,—ko nga Pihopa; me nga Minita, me nga Kai-whakaako.
He whakatakoto ta te Ture tangata i nga tikanga mo te tinana, mo nga mahi a te tangata. Ekore te tangata e tau hei titiro i te ngakau o te tangata, na reira, e kore e ahei tana whaka takoto Ture hei paraire mo te ngakau, erangi hei paraire mo te tinana. He whakahe ta te Ture tangata i nga mahi kino a te tangata, i nga putanga atu o nga whakaaro kino hei mahi kino. Ho whakarite ta te Ture tangata i nga whiu mo aua mahi kino.
Ko te hunga kei, a ia te tikanga whakahaere, whakaatuatu hoki i nga tikanga o te Ture tangata, ko
Ahakoa Ture Atua, Ture tangata ranei, kia kotahi ano tona take, ko Te Atua ano. Ko te Ture. Atua, he mea whakaatu mai na Te Atua: ko te Ture tangata i pai, he mea hanga e te tangata ki runga ki te Ture Atua. No mua tera, te Ture Atua, no muri tenei, te Ture tangata. Mo roto tera, mo waho tenei. No roto te kino. I roto ano, kua kitea e Te Atua, e riria ana e mahi kino, ka tahi ka kitea e te tangata, ka tahi ka ahei te riri e tana Ture, ka tahi hoki ka ahei te whiu e tana Ture.
Ko nga tikanga o te Ture Atua, ara, o te Whakapono, e kore e korerotia i konei. Ko ta tatou e korero ai inaianei ko nga tikanga o te Ture tangata, ara, o te Ture o te Kuini, e whakatakoto nei i nga tikanga mo nga mahi a te tangata, e riri nei, e whiu nei i nga mahi kino.
I mua, i te mea e noho kuware ana nga tupuna o te Pakeha, kahore i whai Ture pai a Ingarani; kahore he Kai-atiati mo te mahi he. I reira, i waiho ko te kaha o te tangata hei ture maua, hei ture pehi i te tangata iwi kore. Noho wehi, noho he noa ihe te noho o te tangata i reira. Ko te ahua i pera me te ahua o te tangata Maori i muamua ake nei, puta noa te motu nei, he noho kino noa iho; he pakanga, he tanuhuruhuru, he patu tangata, he aha, he aha; ko a te kuware ko ana mahi.
Nawai a, ka tae te Whakapono ki Ingarani; muri iho ka tupu te whakaaro kia whakatakotoria he Ture, hei pehi i te kino, hei whakatupu i te pai, hei whakaatanoho. I maharatia hoki e te hunga whakaaro nui, ki te kore he Ture hei whakaatanoho, e kore e tupu hei iwi nui, rangatira, whai rawa. Ka tahi ka hanga e ratou he Ture, whakatakoto rawa, whakapumau rawa.
Ko te hunga mana e whakatakoto nga ture, ko nga tino Rangatira me nga Kaumatua, mohio, me nga Pihopa, me nga tangata hoki i whakaturia e te iwi katoa hei mahi i taua mahi. Ko te Kingi ano hei Tumuaki, hei whakatapu, hei whakapumau; ko enei hei Runanga whakatakoto i nga Ture, a kei te wahi e meatia ana kia hanga he Ture hou, kia whakaputaina ketia ranei tetahi o nga Ture, ma enei Runanga e mahi. A, tuku iho nei ki enei ra, ko taua ritenga nei ano e mau nei, ko nga Runanga-whakatakoto Ture te mahi nei ano i taua mahi. Na reira ka whakahonoretia, ka whakanuia, ka whakamaua, ka matapoporetia nuitia e te iwi katoa tana Ture; e kore e tukua tetahi tangata kia whakanehenehe kia tekahi i taua Ture kia tutu ranei ki ona Kai-whakahaere, ki ona Kai-tiaki, ki nga Kai-whakarite-whakawa, ki nga Katipa. Ko te iwi nui tonu hei hapai hei whakakaha. Heoi te tangata e whakakino ki te Ture i meinga hei matua mo nga tangata, ko te tangata mahi kino ano;—a, ekore tena tikanga e puta i te toko-maha o te iwi hei pehi hei hapai i nga tikanga o te Ture, a ki te whakanehenehe ia ka riro katoa nga tengata hei katipa kawe i a ia kia whakawakia, kia whiua tona hara e te Ture.
Na, kihai i penei te waimarie o nga tangata o Inganai i mua me to nga tangata Maori o Nui Tirani waimarie inaianei. Tana timatanga ki te whakatakoto Ture mana, i era whaka-tupuranga nea atu ia; na, kahore he pukenga, kahore ona Kai-tohutohu. Tana kuhu noa ki te wawae ara mona i te ururua; tika ana, he ana; whakamatauria i kena, kitea ana te henga, whakamatauria i ko ra; pokaia ki matau, ka he, pokaia ki maui: kei hea ranei te ara tika!
Tetahi hoki, ta te kuware hanga, taukumekume ana nga Kai-arahi, nga Kai rapu tikanga. Ina, te ara tika; ina ke ra; kahore, ina ke te tikanga; nawai, nawai a,—taea ititia ana etahi tikanga te whakatakoto e ratou i te tautohetohe. Me pehea u ana i te matapo o nga Kai-arahi. Waiho kia whawhai ana, a, tini noa nga whakatapuranga, ka tahi ka oti ki runga ki te tikanga kotahi, ka haere tahi i te ara kotahi.
Ko tenei e nohoia nei, he waimarie to te tangata Maori; kua oti te huarahi te para, kua waea te ururua, e takoto nei i tona aroaro te huanui, he haere kau tana i runga. Kua nohoia tona wheaua e te iwi mohio, atawhai hoki, ara, e te Ingirihi;—a, pai tonu tenei iwi ki te whakaako i a ia, ki to arahi i a ia i runga i te ara kua oti te mahi, kua haerea hoki, ka tini nei nga whakatupuranga, ara, i te ara o taua Ture oti, i taua ara hoki i taea ai e ia nga taonga pai e mau nei i a ia, te Whai-tikanga, te Matauranga, te Ora, te Atenoho, te Rangimarie, te Whai-rawa. te Mana, te Rangatira, me te tini atu o nga pai e mau nei i te Pakeha. Ko tenei, kaua e rapurapu te whakaaro, kaua e awangawanga, erangi kia manawanui, kia hiahia pono, kia tika hoki te whai i muri i nga Kai-arahi e whakaritea ana hei tohutohu i te ara tika, i te ara kua oti. Ki te anga hoki te tangata ki te poka i tetahi ara hou mana ki waenga rarauhe, e kore a roa kua mate i te ngenge, kua mea ano ki te hoki ki te ara nui, marama, ki te ara ka maro nei i to takahanga.
He tini nga ture a te Pakeha, a kore e taea te mahara e te iwi katoa; na reira e whakaritea ai e
E rua nga tikanga o te Ture. He tiaki i te tika tetahi; he arai i te he tetahi. Ko tetika ka whakapuakina e te Ture, a ko te tangata i a ia taua tika ka tiakina, ka awhinatia i runga i tona tika. Ko te mahi he, ka riria kia kaua e meatia, a ki te meatia, ta te Ture, he whiu i te tangata nana te mahi he, he mea ranei i a ia kia utu, he whakaora hoki i te tangata i mate i tana mahi he.
Ki ta te Ture titiro, erua nga tu mahi he.
Tetahi, he mahi he ki te tangata ake, ki ona mea ake ranei, a ko te tangata ake ka raru, ka mate i taua mahi he. Meinga ana he ingoa mo tenei tu mahi he, he Hara-Hiwhiri.
Tetahi, he mahi he ki te iwi nui tonu; he hara nui enei, he mea takahi i te Ture nui. Meinga ana he ingoa mo tenei tu mahi he,—he Hara Kirimina.
Ko te mahi he ki te tangata ake, ma te tangata i mate i taua he e kawe kia whakawakia, e tono ki tetahi tikanga whakaora mona i runga i te whakawakanga. Na tenei te ritenga o te Hara-Hiwhiri, me whakarite. Na, he moni pea na Hone kei a Tamati, a kahore a Tamati e utu i aua moni; na, ka haere a Hone ki te Kai-whakarite-whakawa, mana e tuku te pukapuka Hamene hei tiki i a Tamati kia haere nui kia korero tahi raua ko Hone ki tona aroaro. Ka whakaritea e ia te ra hei haerenga mai. Na, ka tae mai raua, ka whakarongo ia ki ta raua korero, a ki te kitea e ia he korero tika ta Hone, ka whakahaua iho e ia kia utua aua moni e Tamati.
Na, me Hrmene hei tiki i a Hemi; a ka whakarangona e ia ta raua korero, a ki te mea tona whakaaro he tika ano kia whai utu a Hemi ki a Wiremu, ka whakahaua iho e ia kia pera ano.
Te ingoa o tenei tu mahi he, he "Hara Hiwhiri" me tona Hamene hoki he "Hamene Hiwhiri."
Ko te mahi he ki te iwi nui tonu, ara, ko te Hara-Kirimina, e kore e waiho e te Ture ma te tangata i mate i taua mahi he, ma ona whanaunga ranei, te whakaaro kia kawea kia kaua ranei e kawea kia whakawakia. Ko ta te Ture i whakarite ai mo enei tu mahi he, mo nga Hara-Kirimina, ma te Kuini ano, ma te Kawana ranei, ratou ko nga Kai-whakarite-whakawa te whakaaro, te mahi, kei tukua noatia te hara pera, engari, kia whakawakia ano. Te ingoa o enei tu mahi he, ko nga "Hara-Kirimina"; koia nei ko te Whakamate-tangata; ko te Tahu-whare ki te ahi; ko te Rere kino ki te tangata; ko nga mea pera.
Ki ta te Ture tikanga, ehara te Hara-Kirimina i te hara ki te tangata anake i mate, erangi he hara ia ki te Iwi katoa; ara, te hara pera me enei i meatia ake nei, na reira ka meinga ma nga Kai-whakarite whakawa e mahi, e mea kia whakawakia.
Ko te whiu e whakaritea ana mo tenei tu hara, he mea rererere ke; mo te Hara nui, ko te Whiu nui; mo te Hara iti, ko te Whiu iti: he Whakamate mo etahi; he Whareherehere mo etahi; he Utu mo etahi, ara, he "Utu-whaine" ta te Pakeha ingoa mo taua utu.
Ka noho te tangata i raro i te Ture, he koha tana ki te Ture, a he koha hoki ta te Ture ki a ia. Ko tana ki te Ture, he rongo. Ko ta te Ture ki a ia, he tiaki, kei tukinotia ia e tetahi tangata, kei homai te he ki a ia, ki tona tinana ranei, ki ona mea ranei. Ki te kore he Ture, ko te iwikore ka pehia e te tangata kaha, a nui noa atu te raruraru. Na te Ture i ora ai i tika ai te noho. He Kawenata tuhonohononga ia na nga tangata, na te iwi katoa, he whakakotahitanga whakaaro na katoa, he huinga i te kaha i te uaua a katoa hei tiaki mo ia tangata mo ia tangata o ratou, kei whakatupuria kinotia e tetahi, kei pehia hetia.
E toru enei tino mea o te tangata e meinga nei te Ture hei tiaki.
Na me korero i konei nga tikanga o tenei Ture i meinga nei ko te matua tenei nana i tiaki te tangata, i tika ai tona noho i runga i te ora, i runga hoki i te tikanga rangatira, i takoto pai ai hoki ona rawa, nana hoki i arai te mahi pokanoa me te tukino pokanoa a te tangata kei tata ki a ia. Me whakaatuatu nga ingoa o nga Kai-whakahaere me nga Kai-pupuri o tenei Ture, ara, o te hunga kua whakaritea hei tiaki, kei kapea kei takahia nga tikanga o te Ture; me korero hoki nga tikanga o a ratou mahi.
Ko Te Kuini.
Ko to Kuini hei tuatahi. Ko ia hei tino Tumuaki, ko ia te tino Kai-tiaki o te Ture. To te Kuini ahua ki Niu Tirani, ko
Ko Te Kawana.
Ko nga tikanga nui o te whakahaere Ture e mau nei i a te Kuini, ki Ingarani, kua tukua ki a
Kei a te Kawana te tikanga mo nga Hoia; mana e mea kia haere ki tera wahi, kia aha ranei, he whakarongo kau ta ratou. Me he mea ka ara te whawhai, ko te iwi ke ranei e whakaeke mai ana i tenei whenua, ko te taututu ranei ki a tatou nei ano ranei; ma te Kawana te pukapuka ki a
Tetahi tikanga o te Kawana, hei tino Tumuaki ia mo nga Kai-whakarite-whakawa ki Niu Tirani. Ko tana, he tiaki i te Ture kei takahia, he tiaki ano hoki i nga tangata. Erangi, me waiho tana whakahaere-Kawana i runga ano i ta te Ture i whakatakoto ai. Ko te Ture kei runga, ko ia kei raro. Tana tupato kei takahia te Ture e nga tangata: tana tupato ano hoki, kei puta ke i ta te Ture tana whakahaere. Timata
Tetahi tikanga a te Kawana, mana te kupu kia whakatutukiria nga kianga iho a te Whakawa. Ki te whakawakia tetahi tangata mo te hara kohuru, pono ana tona hara, kiia iho ana e te Tumuaki Tino Kai-whakarite-whakawa kia whakamatea; ma te Kawana e whakaae, ka tahi ka whakamatea. Kei a te Kawana ano he tikanga muru i te hara, whakamama ranei i te whiu e Kiia iho ana e te
Tetahi, ma te Kawana e whakaae te ture whakakoto hou, whakahua ke ranei, e te Runanga whakatakoto ture, ka mana ai, ka whai-ture ai.
Tetahi, mana e whakatu nga Kai-whakarite-whakawa me nga Kai-whakahaere o te Ture, mana e whakarite a ratou mahi; ko to te
Na, ko enei mahi a
Kai-Whakarite-Whakawa Tumuaki.
Ko te Apiha nui i muri i a Kooti Hupirimi; ara, o te Kooti-whakawa e noho nei te Runanga Tekau ma
Roia, ara, i nga tangata nana tera mahi te whakaako i nga tikanga o te Ture. Ko nga Kai-whakarite-whakawa Tumuaki, he mea whiriwhiri i roto i ana Roia, ko nga tangata tino matau, tino tika hoki te whakaaro.
Tetahi o nga mahi ma enei Kai-whakarite-whakawa-Tumuaki, he tirotiro i era atu Kai-whakarite-whakawa, me era atu Kai-whakahaere i nga tikanga o te Ture.
Tetahi, ko ratou ka noho hei Tumuaki ki nga Kooti-whakawa nui, ara, ki te Kooti-Hupirimi. Ko o ratou hoa whakarongo i nga korero o te whakawakanga, ko taua Runanga-Huuri, "Tekau ma rua" nei.
Runanga-Huuri.
Huuri, he mea wehe mai i roto i nga tangata kua takoto nei o ratou ingoa te tuhituhi ki te pukapuka o te Heriwhi. I te timatanga o te tau ka whakaritea e nga Kai-whakarite-whakawa nga tangata hei whakarongo whakawa. Hei Runanga-Huuri enei. (Tirohia, § 34, "Runanga-Huuri".)
Ma tenei Runanga-Huuri, ratou ko te Kai-whakarite-whakawa Tumuaki, ko tetahi ranei o nga Kai-whakarite-whakawa o te Kooti Hupirimi, e whakarongo nga korero whakawa Hara-Kirimina, Hara-Hiwhiri hoki; ara, nga mea nuaui ia kahore nei e tau nga Kai-whakarite-whakawa iti hei whakawa. Kua oti te whakaatu i tera wharangi te tikanga o enei, o te Hara-Kirimina, o te Hara- Hwihiri.
.
RoiaKi te mea te hunga e haere mai ana ki te whakawa kia tukua tana korero ki tetahi Roia mana e whakahaere, e pai ana ano.
He tangata tenei, te Roia, kua tupu ake i runga i te whakaako tonu ki nga tikanga o te Ture, o te mahi whakawa; a, tona mahi, he tu ki te aroaro o te Kooti-whakawa, hei whakapuaki i nga korero o te tangata i tu nei ia hei hoa mona, ara, o te tangata ranei nana te whakawa, o te tangata ranei e karo ana i te whakawa a tera. Ma taua Roia e uiui nga Kai-whaki, mana e kohikohi, e whakatakoto ki te aroaro o te Kooti-whakawa, nga tikanga me nga korero katoa hei whakatika i tona taha.
Ka oti nga korero te whakatakoto ki te aroaro o te whakawakanga, ara, o te Kooti, ka waiho ma te Kai-whakarite-whakawa Piuni ranei, ratou ko taua Runanga-Huuri, e whakarite ki runga ki ta ratou i whakaaro ai hei tika. Kei nga whakawakanga Hara-Kirimina, ma te Kai-whakarite-whakawa Tumuaki e whakarite te whiu mo te tangata hara. Kei nga whakawakanga Hara-Hiwhiri, ma te Runanga-Huuri, ratou tahi ko te Kai-whakarite-whakawa Tumuaki e whakarite, kia pehea ranei ta utu ma te tangata i whakawakia ki te tangata nana te whakawa. Ka oti te ki iho e te Kooti-whakawa kia whai-utu te tangata karo whakawa ki te tangata nana te whakawa, me utu ano; a, ki te kore e utu, me tono e te tangata nana te whakawa, a ka Wharehereheretia, kia utua ra ano, kia taea ranei te takiwa e whakaritea ana e te Ture.
Whakahaerenga
Whakawa Hara-Kirimina.
Ko te tino mahi nui ma nga Kai-whakarite-whakawa o te Kooti Hupirimi, ko te whakawa i nga Hara nunui, Hara-Kirimina nei. Kia ata whakarongo mai ki tenei wahi, he mea nui hoki. Ki te mea kua meatia e tetahi tangata tetahi Hara-kirimina; na, me haere atu te tangata Pirihimana ranei, tangata ke ranei, i mohio ki taua meatanga, ki tetahi Kai-whakarite-whakawa, me korero katoa atu e ia ki taua Kai-whakarite-whakawa ana i mohio ai ki taua mea. Na, ka whakarongo te Kai-whakarite-whakawa, a, me he mea ki tana whakaaro iho e whai take ana hei peratanga, ka tukua e ia tana "Hamene-Kirimina," hei tiki, hei tono ki te tangata i meinga ra nana i mea taua hara, kia haere mai kia tu ki tona aroaro; a, me he hara nui, kino, (pera me te Whakamate-kohuru, Puremu-reipa, Tahu-whare, aha, aha;) ka tonoa e ia he Katipa-pirihimana ki te tiki, ki te arahi tonu mai. Kia tae ki te Whare-whakawa, ka whakarangona e te Kai-whakarite-whakawa nga korero a nga Kai-whaki katoa, a ki te mea tana whakaaro kua meatia e taua tangata te hara i whakapaea ki a ia, na, ka kiia iho e ia kia whiua. Me he hara nui, a, ki ta te Kai-whakarite-whakawa whakaaro e tika ana te korero mona hei take e whakawakia ai e te Kooti Hupirimi, na, ka meinga e ia kia kawea ki te Whareherehere, ki reira noho ai taea noatia tetahi ra nohoanga whakawa o taua Kooti.
Ka taea taua ra, ka tahi ka tino whakawakia e tetahi Kai-whakarite-whakawa Tumuaki o te Kooti Hupirimi, ratou ko tetahi Runanga Huuri, Tekau-ma-rua; a ki te pono i taua Huuri tona hara i whakapaea ai, ka kiia iho e te Kooti-whakawa kia Whakamatea, kia Wharehereheretia, kia peheatia ranei te whiu mona, kia tika ia ki runga ki ta te Ture i whakarite ai mo taua hara. Ki te whakaaro te Kooti whakawa, e harakore ana, ka tukua kia haere. Na, mutu tonu iho i reira; ekore ano hoki e whakawakia ki muri iho mo taua hara ano. (Tirohia § 33.)
Na, whakarongo mai ki te take i tuaruatia ai te whakaturanga o te tangata e whakapaea ana ki te Hara-Kirimina nui ki te aroaro o te whakawakanga; ara, i matuatia ki te Kai-whakarite-whakawa, muri iho, ki te Kooti Hupirimi. Te take, he hopohopo no te Ture ki te tangata. Ki ta te Ture, kahore he mea nui ake i te tangata; na reira, ka tupato rawa, ka manawapa; e kore e whakamatea noatia, e kore e herea noatia. Ekore e mahi porangi te Ture. Engari, i whakaritea e te Ture kia kawea ma tetahi Tamuaki o nga Kai-whakarite-whakawa, ma te Runanga Huuri hoki, ara, ma etahi o ona hoa tangata nei ano, tekau-ma-rua, ma ratou e kimi te tikanga o te korero mona; ma ratou e mea, he tika ranei, he he ranei; me whiu ranei te tangata i whakapaea ra, me whakaharakore ranei. He ture pai rawa tenei. Ko tona ture kahurangi tenei: ekore rawa te iwi e pai kia whakaputaia ketia tenei ture, he ture whakauui hoki i te tangata.
A, ko tenei Ture, kahore e kowhiti tangata. Kahore rawa ano hoki a te Ture pera. Ki ta te Ture, he ahua kotahi to te tangata; kotahi hoki Ture mo katoa, ahakoa Maori, Pakeha ranei; kiri ma, kiri mangu ranei; rite tonu. A, he teka te ki, ma te rongo ki te Ture ka hoki ai te rangatira o te tangata, ahakoa Pakeha, Maori ranei. Kahore; erangi, ma te rongo ki te Ture, ma te hapai i te Ture, ka rangatira ai; ta te mea, ko te Ture te mea nana i whakanui te tangata, i whakarangatira. Ko te Ture tona Kai-tiaki e noho tika ai ia i runga i te ora me te rangatira.
Heriwhi.
He Apiha te Heriwhi i whakaturia hei mahi i nga Whakahaunga-whakawa a te Kooti Hupirimi. Ka oti te tangata hara te whakawa e tetahi Kai-whakarite-whakawa Tumuaki, a ka kiia iho hoki e ia. Me whakaterawa tenei tangata kia mate; he tangata kohuru hoki ia: na, ki te Whakaae ano hoki a Heriwhi e whakatarawa kia mate. Ki te penei te kianga iho a te Kai-whakarite-whakawa Tumuaki, Me panga ki te Whareherehere taea noatia tetahi takiwa; he tika hoki, nana ano te hara i whakawakia nei ia: na, ka panga ano e te Heriwhi ki te Whareherehere.
Takoto ke ana te tikanga a nga Iwi noho maori noa iho, kaore ano i maea ake i roto i te kuware, i te puhehe. Ta ratou, ma te tangata mate i te mahi he a tetahi, ma nga
Tetahi hoki i kore ai e tika kia waiho ma te tangata i te he e rapu utu mona, kei nui rawa pea te pouri, ka tino whakataimaha i te whiu; kei patipatia ranei e tera, homai ana tona taonga hei utu; aianei, ka tukua te tangata hara kia haere noa, ekore e ahatia. Ki te tikanga penei, haere kau ana te tangata whai-taonga, kaore tona hara e whiua.
Na konei te Ture i mea ai, kia whakaturia tetahi Apiha mo tenei mahi, a kia waiho tenei hei mahi tutaru mana, ko te whakatutuki i nga kianga iho a te Kai-whakarite-whakawa Tumuaki i puakina i runga i te whakawa; ko te whakapa hoki i te whiu e whakaritea ana mo te tangata hara. Me tangata ke ia, kauaka hei te tangata e tata ana ki te tangata mate, ki te tangata hara ranei; kei kawea e te pouri, whakanuia ana e ia te whiu; kei kawea ranei e te whakaaroha, kei patipatiria ranei, whakangawaritia ana. Te ingoa o tenei Apiha, ko te Heriwhi. Pai rawa tenei tikanga: ekore hoki e mauaharatia ta te Heriwhi; e mohiotia ana hoki, ehara i tana whakaaro ake, engari he whakarite kau tana i te kianga iho a te Ture.
Korona.
Tenei ano tetahi Korona tona ingoa. Tana tino mahi, he rapu i te take ina mate tuku-tata tetahi tangata, mate aitua ranei. Ara, kei nga wahi penei. Kitea ana pea te tupapaku tangata i roto i te wai, i hea ranei. Na, ka tae te Korona, ka kareretia atu, ka Hamenetia, etahi tangata o taua wahi hei Runanga Huuri, hei rapu i te take i mate ai taua tupapaku, he mea pehea ranei, he mea pehea ranei. Na, ka haere Korona, ki te titiro i te tupapaku; a ka ata kimihia tonutia i reira e ratou te take i mate ai taua tangata; ka tikina nga tangata e mohio ana ki tetahi aha ranei, aha ranei, o taua mea; ka uiuia e te Korona. Ka ata patairia e ia me e mohio ana ranei ki te take i mate ai; me te hunga na ratou te kitenga whakamutunga i taua tangata, i te mea e ora ana, ka ata uiuia e ia; a taea katoatia e ia te kohikohi nga tikanga katoa o taua mea, hei—Huuri.
Na, ki te mea te whakaaro o taua Huuri, i mate noa iho te tangata ra, penei me te mea e taka ana ki te wai, paremo noa iho; na, ka waiho i runga i te pera te puakanga o to ratou kupu. Heoi ano; tanumia atu te tupapaku; mutu iho i reira.
Engari, ki te mea te whakaaro o taua Runanga Huuri, he mea whakamate-kohuru na tetahi tangata taua tupapaku; ka tukua e te Korona tana Pukapuka-warati ki nga Pirihimana, kia hopukina te tangata i tupatoria ra nana i kohuru. Na, ka kawea taua tangata ki te Whareherehere, kia whakawakia e te Kooti Hupirimi, whakawa nui nei.
Na ka whakawakia ano e taua Kooti, ka peratia me tera i korerotia ake nei (Tirohia § 27.) Ka whakarangona e te Kai-whakarite-whakawa Tumuaki ratou ko te Huuri nga korero katoa a nga Kai-whaki, oti noa; a, muri iho, ki te mea to ratou whakaaro he tika te whakapae, ae, he pono, na te herehere nei i kohuru te tangata i kitea ra; na, ka kiia iho e te Kooti kia whakamatea. Tena, ki te mea ratou, ehara i a ia; na, ka whakaharakoretia e ratou, ka tukua kia haere. Na, he mea ano, ki te mea te whakaaro o te Huuri, he mea whakamate ano nana taua tupapaku, otiia, ehara tana whakamatenga i te whakamate tino kohuru, engari, he Whakamate ohia noa, oho noa ake nei, he mea tupono aitua noa, kahore i tu a kohuru; na, ka whakangawaritia te whiu mona. A, he mea ano, ka mea te whakaaro o te Huuri, ehara i te Whakamate-kohuru, ehara ano hoki i te Whakamate oho noa nana; na, ka whakaharakoretia e ratou, ka tukua te tangata i herea ra kia haere. (Tirohia "Whakamate-kohura," 65.)
Runanga huuriHuuri. Kotahi tekau ma rua nga tangata o to Runanga Huuri. He mea Hamene nga tangata, ara, he mea karanga na te Heriwhi kia haere mai ki te Whare-whakawa hei Runanga whakarongo whakawa mo te Kooti Hupirimi. Kei nga whakawakanga ki nga Kooti o nga Kai-whakarite-whakawa Tuturu, kahore he Huuri. Kotahi tonu ia te wahi e whai Huuri ai.
E peneitia ana te whakaritenga tangata mo te Runanga Huuri. Ko nga ingoa katoa o nga Hitiheua, ara, o nga tangata kua whai tikanga tangata whenua, kua 21 hoki nga tau, a kahore ano i 60 noa, ka tuhia ki roto ki tetahi pukapuka. Kei te Heriwhi taua pukapuka e takoto ana. He mea tuhituhi ki te ritenga o nga reta timatanga o o ratou ingoa. Na, ka meatia kia whakanohoia tetahi Huuri, ka hamenetia atu e te Heriwhi e toru tekau ma ono nga tangata. Ka timata ki te ingoa tuatahi e mau ana i te pukapuka, haere tonu, taea noatia te Toru tekau ma ono o nga ingoa,—ka mutu. Kahore i waiho ma te Heriwhi te whakaaro ki ana tangata e karanga ai hei tangata mo te Huuri. Kei te reta o te ingoa te tikanga, kahore hoki e tipokapoka; ka haere whakatepe tonu; ka timatai te A, haere iho, poto noa nga ingoa o te pukapuka: ka mene, ka timata ano. Na reira, ekore e taea te kowhiti mo te Huuri ko nga tangata e wharara te whakaaro ki tetahi taha ki tetahi taha ranei.
Na, ka taka ki te ra i whakaritea hei haerenga mai ma ratou ki te Whare-whakawa, ka tuhituhia e te Rehita, Kai-tuhituhi o te Kooti, o ratou ingoa ki nga pukapuka e toru tekau ma ono, ka maka ki roto ki tetahi pouaka, ka whakaoioia; na, ka tangohia takitahitia mai me te panui i te ingoa i tangohia mai, me te karanga i te tangata nona tera ingoa kia haere mai. Penei tonu te mahi, rite noa te Kotahi tekau ma rua hei Runanga-Huuri.
Ka oti enei te whakanoho, ka whakaoatitia ia tangata ia tangata o ratou e te Rehita, kia tika, kia pono, tana korero ki runga ki te mea ka whakawakia. Ka turi tetahi tangata i hamenetia kia haere mai hei tangata mo te Huuri, ka noho atu, ka Whainetia ia, ara, ka meinga kia utu, engari, kaua e neke ake i te Tekau Pauna. He mea ata whakarite marie nga tikanga whakahaere o te Ture kia kore ai he raruraru.
Runnanga -Huuri NuiNa, kahore ano kia whakawakia, kia peratia me ta tatou i korero ake nei, kua noho ano tetahi Komiti runanga, hei whakarongo i nga korero mo te whakawakanga anake, hei mea, e whai take ana ranei e whakawakia ai, kahore ranei. Ki te mea ratou, Kahore he take; ka peratia atu e ratou ki te Kai-whakarite-whakawa Tumuaki; na, ka whakaputaina te tangata i whakapaea ra, ka tukua kia haere. Ki te mea ratou, He take ano; na, ka tahi ka tukua te tangata i Kooti Hupirimi. Ko te Runanga-Huuri Nui tenei.
RehitaKo te Kai-tuhituhi tenei o te Kooti Hupirimi e tiaki ana i nga pukapuka o te Kooti. He Apiha ano tenei no te Ture. Tana mahi, he whakarite i nga tangata mo te Huuri-whakarongo-whakawa o te Kooti Hupirimi. Mana ano ratou e whakaoati kia tino tika ta ratou korero, kia pono ta ratou kupu ki runga ki te mea ka whakarangona ratou. Mana nga Kai-whaki e
Kooti; te kupu whakapaenga; nga ingoa o nga Kai-whaki; te kupu a te Runanga-Huuri, whakapono i te hara, whakaharakore ranei; te kianga iho hoki a te Kooti; a ka waiho taua Pukapuka, ka tiakina paitia, taea iho era atu whakatupuranga
Kai-Whakarite-Whakawa.
Apiha Kai-whakahaere tikanga o te Ture. Ko te Kawana hei whakatu i a ratou; ha mea titiro nana ko nga tangata tikanga pai, matau, manawanui hoki ki te tika. Kei nga taone etahi; kei nga wahi noa atu etahi.
Mea
Hiwhiri.Ko tetahi o nga mahi nui ma enei Apiha, he whakarongo, he whakariterite, i nga Hiwhiri. Otira, ekore ratou e pokanoa; ma te tangata ano e haere ki a ratou korero ai i tone mea, ka tahi ka mahia e ratou.
Kaua ratou e whakarongo korero i waho o te Kooti, mo tetahi mea e kawea mai ana ma ratou e whakarite; engari hei nga ra kua matua whakaritea nuitia hei ra nohoanga mo te Kooti, ara, hei ra whakawa, kia mohiotia ai e te tokomaha katoa. Hei aua ra ka noho ratou ki roto ki te Kooti-whakawa ki te whakarongo mea pera.
Ko te tangata he mea whakawa tana, me haere ki nga Kai-whakarite-whakawa ki reira, ki te Kooti, tono ai ki te hamene mo te tangata kua whai hara ki a ia. Na, ki te whakaaro te Kai-whaka-hamene mo te tangata e meatia ana e tenei nana te mahi he ki a ia; ka whakaritea te ra hei whakarongo i ta raua korero, ka tuhia hoki ki te kamene.
Ko te hamene, ka tukua ki te tangata i haere ra ki te Kai-whakarite-whakawa, mana te whakaaro kia tae taua hamene ki te tangata e meatia nei e ia kia whakawakia. Kaua ano hoki e whakaroaina; engari, kia hohoro te tae ki a ia, kia whai takiwa ai ia mo te whakarite i tana korero; mo te haere hoki ki te wahi i whakaritea i roto i te hamene i te ra i whakaritea hei ra whakawa i taua mea.
Mehemea tera ano he tangata e mohio ana ki etahi hamene ki taua tangata kia haero mai ki te whakawakanga hei Kai-whaki.
Ki te mea ka turi te Kai-whaki, kaore e tae i te ra i whakaritea, e ahei ana kia whainetia, are, kia meinga kia utu, kaua ia e neke ake i nga Pauna kotahi tekau. I peneitia e te Ture, he mea hoki, ma te noho atu o taua Kai-whaki ka he ai pea te korero o tetahi o te hunga no raua te mea e whakawakia ana; he ngaro no etahi o nga korero, kaore hoki i whakaputaina. Penei, e whakahenga huhuakoretia pea taua tangata e te Kooti; whiwhi huhuakore noa iho ia ki te he. Na konei i
I te ra i whakaritea hei ra whakarongo i ta raua korero, ka mene mai te hunga o te whakawa, ka korero te tangata nana te whakapae, ara, te "Tangata-whakawa"; ka korero ano hoki ana Kai-whaki i a ratou i mohio ai.
Na, ka ninia te tangata whakawa me ana Kai-whaki hoki e te "Tangata-karo-whakawa," ara, e te tangata i meatia e tera, kua whai hara ki a ia; me haere tana patai i runga i a ratou kupu i korero ai ratou, he mea ano hoki nana kia puta ai he kupu na ratou hei whakatika i a ia, hei whakaatea mana i a ia.
Muri iho, ka uiuia hoki e nga Kai-whakarite-whakawa, hei whakamarama, kia tino marama ia nga kupu kihai i ata marama i a ratou te whakarongo atu.
Ka mutu ia te tangata whakawa, ratou ko ana Kai-whaaki, ka tahi ka korero te tangatakaro, (ara, tera i whakapaea,) me ana Kai-whaki ano hoki; a ka uiuia ano ratou e te tangata whakawa, ka uiuia ano hoki e nga Kai-whakarite-whakawa, kia ata poto katoa mai ai nga aha
Na, ka poto katoa nga korero o tetahi taha, o tetahi taha, ka hurihurihia e nga Kai-whaka-rite-whakawa, ka ata whakaaroarohia; a kia kitea ra ano e ratou te
Ka oti; ka tahi ka whakapuakiha te kupu whakaotinga, ara, te Ki-whakawa a te Kooti taua mea. He mea korero nui tenei, kia rongo ai nga tangata katoa. Ko tenei Ki-whakawa a te Kooti, ekore e hanga noatia ake; he mea tino waiho i runga pu i nga korero i whakina ki te aroaro o nga Kai-whakarite-whakawa, i a nga Kai-whaki; he mea
Na, kia puaki i nga Kai-whakarite-whakawa taua Ki-whakawa a te Kooti: oti tonu iho; mutu tonu iho i reira taua mea.
Ki te kiia iho e te Kooti-whakawa, kaua he utu e hoatu e te "tangata-karo" ki te "tangata whakawa"; e ahei ano i te Kai-whakarite-whakawa te mea iho kia utua e te tangata-whakawa nga moni a te tangata-karo i pau i runga i tona kawenga hetanga ki te aroaro o te Kooti whakawa, kahore nei he take. Na, me whakaae marie te tangata-whakawa ki ta te Kooti i wakarite ai, nana ka pehea ranei, nana ka pehea ranei. Ahakoa tua pouri ia, ko te kupu a te Kai-whakarite-whakawa, ara, a te Kooti, kia mana i a ia; e matau ana hoki ia, kahore a nga Kai-whakarite-whakawa whirinaki ki tetahi, ki tetahi; kahore a ratou pai ranei ki tetahi, kino ranei ki tetahi; he waiho tonu ta ratou i runga i te Ture, i te tika hoki ki to ratou whakaaro iho. Kei te kanohi Ture anake ta ratou nei titiro; kahore ratou e titiro ki te kanohi tangata.
Ki te puaki penei ranei te Ki-whakawa a te Kooti, Kei te tangata whakawa te tika, a me whai utu ki a ia te tangata karo; me pera ano, me utu ia.
Na, ki te turi te tangata i kiia, me utu, a kaore ia e utu; na, ka tonoa e nga Kai-whakarite-whakawa Katipa; ki te tango i ana hoiho, poaka, witi, taonga aha ranei, hei hoko; kia taea nga moni utu e rite ana ki ta te Kooti i ki iho ai kia utua e ia. Ka taea enei, heoi ano.
Ki te mea kahore he taonga o te tangata e oti ai nga moni i kiia iho ra e te Kooti kia utua e ia; ma te tangata i whakatikaia e te Kooti-whakawa e tono ki nga Kai-whakarite-whakawa, kia maka te tangata i whakahengia ki te Whareherehere. Na, ma te Kai-whakarite-whakawa e mea kia Wharehereheretia, kaua ia e neke ake i nga marama e wha.
Kai Wuaki .
Me puta i konei he kupu mo nga tikanga o a nga Kai-whaki korero ki runga ki nga whakawakanga; ara, o a nga tangata e whakaturia ana hei korero i nga tikanga o tetahi mea e whakawakia ana. Ka whakaturia te tangata hei korero ki te aroaro o tetahi Kooti-whakawa me he tangata ia e whakapono ana ki
He mea tapu rawa tenei mea, te Oati. He karanga marire atu ia ki Outi teka, he mea whakamataku rawa. He whiu ano tona ki rera ao.
He whiu ano hoki tetahi Ki tenei ao; he mea whakarite na te Ture, mo te tangata e korero mohio ana i te teka i runga i te Oati; e korero marire iho ana ranei i te teka, ki runga ki te Whakawakanga (Tirohia "Oati-teka," 70) Ki te tukua noatia te kupu teka kia korerotia e te tangata ki te aroaro o te Whakawakanga, tena e poke rawa nga matapuna o te whakawa tika. Na konei, he pakeke rawa ta te Ture tikanga mo te tangata mahi pera; he taimaha rawa tona whiu.
Mea
Kirimina.Ko tetahi ano o nga mahi nui ma nga Kai-whakarite-whakawa, he whakawa i nga Hara Kirimina. Kua oti te korero atu te tikanga o tenei tu Hara. He Hara ia ki a
He hara enei e tau ana ki runga ki nga tangata katoa, ara, ki te Iwi katoa tonu. Haunga ia te tangata kotahi i mate, i raru ranei, i taua meatanga.Ka mea e te tangata i tetahi o enei
Kirimima, he "Utu-Whaine"; ko te tangata hara ka "Whainetia."
Kotahi te wahi i rere ke ai ta tikanga o te Ture; me he tangata Maori ka tahae Raheni," 55). Erangi, kei nga tini Hara-Kirimina, ko ia tonu, ko te tangata nana, ka riro hei
Tenei ta nga Kai-whakarite-whakawa mahi i runga i nga Hara Kirimina. Ko tetahi tangata ka haere atu ki nga Kai-whakarite-whakawa, ki te. Whare-whakawa, ko Hone pea te ingoa; ka korero atu ia ki a ratou, Tera tetahi tangata, ko Mea te ingoa, ko Tameti pea, kua mea i tetahi Hara-Kirimina, kua tahae ranei, kua aha ranei Na, ka tuhituhia tonutia iho a Hone korero e nga Kai-whakarite-whakawa ki te pukapuka, ka meinga hoki a Hone kia tuhituhi i, tana ingoa ki taua pukapuka. Ki te mea he mea nui, ka whakaoatitia ia. Ka oti tenei; na, ki te whaka-arohia iho e ratou, e whai take ana te korero, e ahua tika ana te whakapaenga, ka mea ratou, Koia pea. he pono; na, he meatanga ano, ka tukua ta ratou Hamene Kirimina ki a Tamati; hei mea iho ki a ia kia haere mai ki te Where-whakawa, a tetahi ra ka whakaritea ka tuhia hoki ki te Hamene, kia whakawakia ia.
Na, he mea ano, ara, kei nga Hara nunui ia, ekore e tukua te Hamene; erangi, ka tukua ta ratou pukapuka "Warati-hopu," hei tiki atu, hei hopu tonu. Na, ka hoatu taua Hamene, Warati ranei, ki tetahi Katipa. Ki te mea he Hamene ia, ka haria e te Katipa, ka Warati-hopu ia, ka haere te Katipa ki te tiki tonu i a ia arahi tonu mai ai ki nga Kai-whakarite-whakawa; a, ki te turi ia, ki te kore e haere pai mai, e pai ana kia toia maoritia mai.
Ka tae a Tamati ki te. aroaro o nga Kai-whakarite-whakawa, ka whakarangona e ratou ta Hone korero me a nga Kai-whaki, he mea whaka-oati ratou, he mea tino korero marie iho e ratou i runga i te pono a ratou kupu. Ka whakarangona ano hoki a Tamati korero karo i te whakapaenga; engari, ekore ia e whakaoatitia. Ka whakarangona ano hoki nga korero a ona Kai-whaki, me he mea i reira he Kai-whaki mo tona taha. He mea whakaoati ano nga Kai-whaki, he mea tino korero marie iho i runga i te pouo a ratou korero.
Ki te whakaarohia e nga Kai-whakarite-whakawa, he pono te korero, kua tika na Tamati ano taua hara e whakapaea nei ki a ia, a me he hara nui rawa;.na, ka tukua a Tamati ki tetahi Katipa pihimana, mana e arahi ki Akarana ranei, ki hea ranei, kia whakawakia e te Kooti Hupirimi; ara, e tetahi Kai-whakarite-whakawa Tumuaki, ratou ko te Huuri Tekau ma rua nei.
Kei etahi Hara-Kirimina e ahei ano te waiho te tangata i whakapaea kia haere noa, kahore e puritia ki te Whareherehere; engari, me tino whakaae ia kia haere mai ki te Kooti i te ra e Kuini e ia e ona hoa hoki, ki te ngaro ia i te ra e noho ai te Kooti Hupirimi ki te whakawa Hara-Kirimina. Na, ka waiho nga pukapuka ra ki te Rehita o te Kooti Hupirimi, ka tukua ia ki ana hoa whakakapi mo tana; na, ma ratou ia e whakaputa a taua ra kia whakawakia. Ki te kore e whakaputaria, e whakaturia ki te aroaro o te Kooti, i taua ra; ko o ratou moni i whakaritea mo te hapa o te korero, ka meinga kia whakaputaina. Ki te kore moni, ki te kore e Peira" i te tangata e whakapaea ana ki te Hara, kei puritia ki te Whareherehere i te wahi e tatari ana ki te nohoanga o te Kooti hei whakawa i tona hara. Kei nga Hara nui, e kore e ahei ta te Kai-whakarite-whakawa tango i te Peira. Kei Peira, ma te Kai-whakarite-whakawa te whakaaro, kia hia ranei, kia hia ranei. Kia ata nui ano ia, kia wehi ai; kei hapa hoki te korero mo te tangata i whakapaea, engai, kia tae ano ia ki te Kooti whakawa kia whakawakia.
Ko nga Kai-whaki, korero ki runga ki nga Hara-Kirimina, ka peratia ano e nga Kai-whakarite-whakawa. Ka meinga kia tuhituhi pukapuka whakaae moni kia utua e ratou ki a Te Kuini ki te ngaro ratou i te ra e whakawakia ai te Hara i meinga ra ratou hei Kai-whaki. Na, ki te ngaro ratou, ki te kore e whaki i a ratou korero ki te aroaro o te Kooti, ka whakaputaina nga moui i tuhia ki aua pukapuka, ka meinga kia tino utua e ratou.
Engari, he Hara Kirimina ano Kirimina enei katoa e takoto ana te tuhituhi.
Kotahi tenei tikanga nui o te Ture. Kei wareware ki tenei. E kore rawa e tukua te "tangata whakawa" kia korero kotahi ki nga Kai-whakarite-whakawa i runga i te whakawakanga, ko ia anake. E kore ano hoki e tukua te tangata whakapae hara kia korero kotahi ki nga Kai-whakarite-whakawa i runga i te whakawakanga, ko ia anake. Engari kia tu tahi, ko te tangata whakawa raua ko tona hoa totohe, ara, te tangata karo whakawa, ki te Whakawakanga Mea Hiwhiri:—kia tu tahi ano hoki te tangata whakapae hara raua ko te tangata i whakapaea, ki te Whakawakanga Hara Kirimina. Me tu tahi raua ki te Whare-whakawa kia rangona
E kore e tika kia whakarangona e nga Kai-whakarite-whakawa nga korero puku a tetahi tangata; me rongo katoa e te tangata e whakapaea ana nga korero mona, ka ahei ai i te Kooti tona hara te whakapono kia pono. He tika rawa tenei. He kupu tika ta Petuha ki nga tohunga nui, ratou ko nga kaumatua o nga Hurai, i te whakapaenga o
Ko ta nga Romana tikanga i ana ra, ko ia ta tatou i enei ra. He mea mahi nui hei tiro hanga mai ma te ao katoa nga meatanga katoa ki nga Whare-whakawa.
Tenei ano hoki tetahi atu tikanga nui o te Tare. E kore e tika ma tetahi Kai-whakarite-whakawa e whakarite tana mea ake. Engari, me tuku ma era atu Kai-whakarite-whakawa e whakarite.
Tenei ano hoki tetahi. Ka tino tiakina e te Ture te Kai-whakarite-whakawa, i te mea e noho ana ki te Whare-whakawa i runga i tona tikanga Kai-whakarite-whakawa. Ki te kupu whakahihi atu tetahi tangata ki te Kai-whakarite-whakawa, i te mea e mahi ana i tana mahi, e ahei ano i a ia te tuku i taua tangata whakahihi ki te Whareherehero. Te take; ehara tana i te whakahihi ki te Kai-whakarite-whakawa anake; engari, he whakahihi ki te Ture aoo hoki: ko te mana hoki o te Ture kei runga i taua Kai-whakarite-whakawa, a ekore e tika kia mahi whakahihi tetahi tangata ki te Ture. I waho te Kai-whakarite-whakawa, he tangate noa ia, he rite ki te tini noa iho o te tangata. Engari, na te maoa o te Ture ia i whakanui, i te mea o mahia ana e ia a te Ture mahi.
Tenei ano tetahi mea kia ata maharatia. Ehara i te mea hanga na nga Kai-whakarite-whakawa te Ture; he whakahaere kau te ratou ki nga tangata i te Ture kua takoto noa mai. A, ki te mea ka oho tetahi mea, kahore a te Ture tikanga i takoto noa mo taua mea, kahore ma to Kai-whakarite-whakawa mahi ki runga ki taua mea.
Te take i whakaturia ai nga Kai-whakarite-whakawa, a tohatoharia atu ki nga wahi katoa o te whenua, ko ia tenei: he mea kia tutatatata ai hei haerenga mai ma nga tangata, kei ngenge kau i to roa o te ara, i te kopikopiko tonu ki nga tino Whare whakawa, ki te kawe i o ratou mea ririki, Whakawa-Hiwhiri nei.
A, tetahi take; he mea kia whai Kai-tiaki te Ture ki nga wahi katoa; hei tirotiro, kei tiaki kei oho tetahi mea tika ke i ta te Ture; kei tutu nga tangata, kei aha, kai aha: a kia whai tangata ano hoki hei rapu wawe i nga tikanga o nga Hara Kirimina ina meatia.
I penei hoki te timatanga ki nga Tamariki o Iharaira. I a ratou ka tini haere, taimaha ana a Mohi i o ratou tinitini mea whakawa e kawea mai ana ki a ia, mana e whakarite; te taea hoki te mahi e tona kotahi. Na, ka penei atu
Kia tangata tino tutika nga Kai-whakirite-whakawa. Aua rawa o wharara te whakaaro, e aroha ki tetahi taha ranei, ki tetahi taha ranei.
Kaua rawa he
"He mea ano hoki enei ma te hunga whakaaro nui. E hara i te mea pai kia whakaaro ki "te kanohi tangata i te mea ka whakarite whakawa."—
Kaua te Kai-whakarite-wakawa e wehi i te Rangatira, i te tangata nui; kaua ano hoki ia e whakahawea ki te tutua. Kaua ia e mataku ki te whakahe a te tangata. Heoi tonu hei whakaaronga mana, ko tana meatanga kia haere tonu i runga i ta te Ture i whakarite ai; a ke rana whakarite whakawa me tika i runga i te korero i whakatakotoria ki tona aroare i te
Ko to riri nui a
Kahore a te Ture titiro kanohi tangata. Ahakoa tangata nui, tangata iti ranei; tangata whai-rawa, rawa-kore ranei; kiri ma, kiri whero ranei, kiri mangu ranei; kotahi tona ingoa;
Kei wareware enei tikanga e korerotia atu nei;
Nga tikanga nei; tukua kia ngoto rawa, kia toremi rawa ki rato ki te ngakau: mo te oho rawa ake o tetahi he, kahore he potatutatu, kahore he tahurihuri, kahore he mahi pohehe, porangi; kua whai tikanga noa ake, he whakahaere kau ta te tangata i runga i te era kua taungatia.
Tupono noa ki te matenga tangata; ko tetahi Pakeha ranei i mate i tetahi tangata Maori; ko tetahi tangata Maori ranei i mate i tetahi Pakeha; na, kahore he ohooho, kahore
Kaua ano hoki e penei te ki, Ko te mana o te whenua ka riro i te Pakeha. Kahore; ko tatou tahi nei hoki. Engari, he aha te riro
Kotahi ake tenei kupu ki nga Kai-whakarite-whakawa Maori. Ko koutou kei te kei o te waka; ma te tika o ta koutou urungi ka tika ai te iha o te waka. Waiho hei kapehu mo koutou, ko te
Nga. Katipa.Ko te Katipa, ko te Pirihimana, raua raua, Ko tetahi o nga Apiha o te Ture ia. Tana mahi, whakarite, he whakatutuki i nga Katipa, ki te aroaro o tetahi Kai-whakakarite-whakawa, kia mahia tikatia e ia a te Katipa mahi.
Na, ki te kitea e te Katipa, e pa ana te patu a tetahi tangata ki tetahi, e whakahopo ana ranei, e kupukupu atu ana ranei kia ahatia, ranei e ia te tinana o tera; e pai ana ma te Katipa e hopu kia mau, ka arahi i a ia ki te aroaro o tetahi Kai-whakarite-whakawa. Me he Hara-wheroni ranei kua tino meatia; na, me he mea e whai-take ana hei tupato pera, me hopu tonu e te Katipa te tangata i tupatoria e ia nana taua wheroni.
Me he mea ka araia te Katipa e tetahi tangata, i te mea e mahi ana i tana mahi Katipa, e tika ana ma te Katipa taua tangata nana i arai e hopu; engari, kei pa tana patu ki a ia. Ki to rangona e te Katipa te turituri ngangare kei roto i tetahi whare, e tika ana kia tomokia taua whare e ia. E tika ana ano ma te tangata noa iho e wawao te riri, e arai te whakamate-kohuru, tetahi atu Hara-wheroni ranei, kei meatia e tetahi tangata.
Ki te kitea e te tangata noa, e mamau ana nga tangata, meake pea mate tetahi;e pehea ana ranei, ata tana tetahi Hara-wheroni te meatia e tetahi; me rere ano ia hei arai; ki te kore, ko ia ka he.
Ki te mea he herehere tuhuti, tangata Hara-wheroni nei, e pai ana kia hopukia maoritia e te Katipa: nana ka whakanehenehe, aitua ana, mate ana i runga i te whakanehenehe mai ki te Katipa; ekore tera e meinga he Whakamate-kohuru na taua Katipa.
Ki te tino Katipa, kua meatia tetahi Hara-wheroni e taua tangata; me tino hopu ia e te Katipa; ki te kore, ko te Katipa ka he.
Ki te mea i tupatoria kautia e tetahi Katipa, me tupato whai take ia, e pai ana me hopu e ia te tangata i tupatoria e ia kua meatia e taua tangata te Hara-wheroni.
He mahi tuturu tenei ma te Katipa, ekore e tika kia mahue; ko te whakarite, ko te mahi i nga Harati a nga Kai-whakarite-whakawa.
Ki te kitea tetahi tangata e te Katipa, i te huarahi e haurangi ana, e pai ana kia mau i a ia; engari, me arahi e ia ki te aroaro o te Kai-whakarite-Katipa ki nga tangata katoa kia rere mai hei hoa mona, a kaua te tangata e turi ki tana karanga.
Ka hopukia te tangata e tetahi Katipa, me arahi tonu e ia ki te aroaro o te Kai-whakarite-whakawa, ka korero i ana korero mona, i hopukia ai, i puritia ai; kaua e whakaroaina Katipa ka whakatu ai ki te aroaro o te Kai-whakarite-whakawa.
Ko te tangata ka pokanoa, ka rere kino atu, ka whakanehenehe atu ranei ki tetahi Katipa-Pirihimana, i te mea e mahi ana i tana mahi Katipa; ka whakauru ranei, ka whakatenatena ranei ki tetahi atu tangata kia pera; me whakawa taua tangata, me whiu e te Kai-whakarite-whakawa. Kia maharatia tenei e te hunga haere mai ki Akarana, ki era atu Taone hoki kei he, kei raruraru. Ki te mau to hoa-haere i te Katipa, kei pokanoa koe, kei rere atu koe hei whakaora. Me he hopu he, pokanoa, ta te Katipa, waiho ma te Kai-whakarite-whakawa ia e whakahe, e riri; erangi, kaua koe e pokanoa. Ki te mea ka pokanoa koe, ka mau ko koe ano hoki.
Heoi; ka kitea nei, he mahi tikanga nui ano ta te Katipa; ko te Apiha tena o te Ture mana e whakarite, e mahi, nga kianga iho, whakahaunga iho a nga Kai-whakarite-whakawa. He
Me he mea kua whakaturia etahi Katipa ki nga kainga Maori, ka ai he mahi ma ratou; ko te riri, ko te pehi i nga taututu ririri noa iho nei; ko te whakahaere i nga tikanga mo nga poaka, me nga kuri; ko era atu mahi tikanga nui ano hoki; kei rarua nga tangata i nga tini putake aei o te he e mau nei inaianei.
He tangata Maori etahi o nga Katipa-pirihimana e haere nei i
Ko eta atu kupu mo nga Katipa->pirihimana mo a ratou mahi mo te whiu hoki e Kirimina (Katipa-pirihimana," 26)
Ka oti nei te whakaatuatu nga ingoa o nga tino Apihia Kai-whakahaere o te Ture ki to te Pakeha tikanga; ko nga ritenga hoki o a ratou mahi kua oti te whakaatuatu ki nga kupu rua-Kirimina. Ka rarangitia nga Hara, me tona nama, me toua nama; he mea tatau iho. Ka tuhia ki te rarangi i te taha maui, ko te ingoa o te Hara me tona tikanga, he mea pehea tona meatanga; na, ki te taha o tenei, ara, ki te rarangi o waenga, ka tuhia te whiu i whakaritea e te Ture mo taua Hara; na, ka tuhia ki te rarangi ki matau, ko te Kooti mana taua Hara e whakawa. Ki muri atu i te Tepara tatau i nga Hara, ka apitiria mai ko etahi Upoko whakaatuatu tikanga o etahi o nga Hara, he mea tuhi ano hoki ki roto ki te Tepara ina whai rerenga ki te Upoko whakaatuatu. Ko tona nama, ko te nama ano o taua Hara i roto i te Tepara. Muri atu i nga Upoko whakaatuatu, ko tetahi Tepara ano, he mea Whakararangi i nga Hara-kirimina ki te ritenga o nga reta timatanga o o ratou ingoa ina whakamaoritia.Ki te kimihia ki reira tetahi Hara e te tangata Maori korero i tenei Pukapuka, ka kitea ano tona wahi tokotoranga ki roto ki te Tepara tatau i aua Hara, he mea tuhi hoki tona nama ki tona taha.
Muri atu, ko te Upoko korero i te tikanga o nga Hara-Hiwhiri; muri atu, ko te Upoko whakamaori i nga tikanga o nga kupu Reo-pakeha kua whakamaoritia hei kupu Maori mo roto mo te Pukapuka nei, he mea rarangi hoki aua kupu ki te ritenga o nga reta timatanga. Muri rawa, ko te Tepara rarangi ingoa o nga mea katoa i korerotia nei nga tikanga ki roto ki tonei Pukapuka. Heoti ano, ka oti te wahi e meinga ana kia takua ki nga iwi Maori inaianei, hei whakaako i a ratou ki nga tikanga o to
Wahi Tuatahi.
Ko Nga
Hara Kirimina.