CRIMES
It must be laid down as a general principle that in Manóboland it is considered proper and obligatory to seek redress for all wrongs (except a few serious ones) by an appeal to the relatives of the wrongdoer, either directly by a formal meeting or indirectly through the mediation of a third party. The first exceptions to this rule are cases of adultery, fornication, rape, and homicide when the murderer, wantonly, and without an attempt to arbitrate, kills a fellow man. The great law of vengeance presupposes in nearly every case a recourse to arbitration, and not a hasty, unannounced, deliberate killing.
The one who orders the death of another or in any other way deliberately causes it is the one on whom vengeance must be taken. Thus, if A pays a neutral warrior chief to kill his opponent, the responsibility for the death will be laid, not on the warrior who did the killing (unless he had personal motives for committing the murder) but on the one who ordered the death. The warrior was paid and accordingly bears no responsibility. He may be paid again by the relatives of the slain to do a similar act to their enemies. Thus it is, that in Manóboland, it is very necessary to be on such terms of friendship with the members of the warrior class that they will not be inclined to undertake for payment the task of taking vengeance for another.
Killing for public policy is a recognized institution, but such executions very seldom take place. On the upper Tágo River word was sent to me that my guide would be killed if he led me into a certain remote region at the headwaters of that river. It was reported on all sides that the principal chiefs of the region had assembled before my departure and had decided upon his death. For some reason, probably fear, the sentence was not carried into effect.
It was reported to me that in time of an epidemic it is permitted to kill anyone who dares to break the quarantine.
Involuntary killing when it is manifest that it was a pure accident can be compounded.
THE PRIVATE SEIZURE
By the tawágan system a Manóbo is permitted to kill or seize anything or anybody that he may decide upon, provided that he has made every endeavor to settle the dispute by amicable means. Having failed to adjust the matter without bloodshed, he may avenge himself, first and above all, on the guilty party. I will not make a positive statement to the effect that he must announce his intention to make use of the right accorded him by the tawágan custom, but I am of opinion that this must be done, for in every instance that came under my observation it had been generally known beforehand that the aggrieved party would make a seizure within a specified time. I know that on one occasion I had to exact a promise from a man that he would not lay hands on merchandise of mine that was deposited under a house in the vicinity of his settlement. He had made public announcement that he would make a seizure, even though it should be that of my merchandise.
The aggrieved party in making use of his right must, if possible, inflict damage, even death, upon the debtor or other wrongdoer or on some of his relatives, but should this prove impracticable he is at liberty to select anyone. If he kills a neutral party, he must compound with the relatives of the slain one for the death inflicted and enter with them into a solemn promise to act jointly against the offending party. In the case of seizure, he can not dispose of the object seized until the owner be consulted. It is customary for the two to enter a compact by which they bind themselves to take joint action against the offender, advantageous terms being guaranteed to the new colleague. The man whose property is thus seized is very often one who has had an old-time grudge against the original offender or debtor.