This people always had chiefs, called by them datos, who governed them and were captains in their wars, and whom they obeyed and reverenced. The subject who committed any offense against them, or spoke but a word to their wives and children, was severely punished.
These chiefs ruled over but few people; sometimes Page 165as many as a hundred houses, sometimes even less than thirty. This tribal gathering is called in Tagalo a barangay. It was inferred that the reason for giving themselves this name arose from the fact (as they are classed, by their language, among the Malay nations) that when they came to this land, the head of the barangay, which is a boat, thus called—as is discussed at length in the first chapter of the first ten chapters—became a dato. And so, even at the present day, it is ascertained that this barangay in its origin was a family of parents and children, relations and slaves. There were many of these barangays in each town, or, at least, on account of wars, they did not settle far from one another. They were not, however, subject to one another, except in friendship and relationship. The chiefs, in their various wars, helped one another with their respective barangays.
In addition to the chiefs, who corresponded to our knights, there were three castes: nobles, commoners, and slaves. The nobles were the free-born whom they call maharlica. They did not pay tax or tribute to the dato, but must accompany him in war, at their own expense. The chief offered them beforehand a feast, and afterward they divided the spoils. Moreover, when the dato went upon the water those whom he summoned rowed for him. If he built a house, they helped him, and had to be fed for it. The same was true when the whole barangay went to clear up his lands for tillage. The lands which they inhabited were divided among the whole barangay, especially the irrigated portion, and thus each one knew his own. No one belonging to another barangay would cultivate them unless after purchase or inheritance. The lands on the tingues, or mountain-ridges, Page 166are not divided, but owned in common by the barangay. Consequently, at the time of the rice harvest, any individual of any particular barangay, although he may have come from some other village, if he commences to clear any land may sow it, and no one can compel him to abandon it. There are some villages (as, for example, Pila de la Laguna) in which these nobles, or maharlicas, paid annually to the dato a hundred gantas of rice. The reason of this was that, at the time of their settlement there, another chief occupied the lands, which the new chief, upon his arrival, bought with his own gold; and therefore the members of his barangay paid him for the arable land, and he divided it, among those whom he saw fit to reward. But now, since the advent of the Spaniards, it is not so divided.
The chiefs in some villages had also fisheries, with established limits, and sections of the rivers for markets. At these no one could fish, or trade in the markets, without paying for the privilege, unless he belonged to the chief's barangay or village.
The commoners are called aliping namamahay. They are married, and serve their master, whether he be a dato or not, with half of their cultivated lands, as was agreed upon in the beginning. They accompanied him whenever he went beyond the island, and rowed for him. They live in their own houses, and are lords of their property and gold. Their children inherit it, and enjoy their property and lands. The children, then, enjoy the rank of their fathers, and they cannot be made slaves (sa guiguilir) nor can either parents or children be sold. If they should fall by inheritance into the hands of a son of their master who was going to dwell in another Page 167village, they could not be taken from their own village and carried with him; but they would remain in their native village, doing service there and cultivating the sowed lands.
The slaves are called aliping sa guiguilir. They serve their master in his house and on his cultivated lands, and may be sold. The master grants them, should he see fit, and providing that he has profited through their industry, a portion of their harvests, so that they may work faithfully. For these reasons, servants who are born in the house of their master are rarely, if ever, sold. That is the lot of captives in war, and of those brought up in the harvest fields.
Those to whom a debt was owed transferred the debt to another, thereby themselves making a profit, and reducing the wretched debtors to a slavery which was not their natural lot. If any person among those who were made slaves (sa guiguilir)—through war, by the trade of goldsmith, or otherwise—happened to possess any gold beyond the sum that he had to give his master, he ransomed himself, becoming thus a namamahay, or what we call a commoner. The price of this ransom was never less than five taels, and from that upwards; and if he gave ten or more taels, as they might agree, he became wholly free. An amusing ceremony accompanied this custom. After having divided all the trinkets which the slave possessed, if he maintained a house of his own, they divided even the pots and jars, and if an odd one of these remained, they broke it; and if a piece of cloth were left, they parted it in the middle.
The difference between the aliping namamahay and the aliping sa guiguilir, should be noted; for, by Page 168a confusion of the two terms, many have been classed as slaves who really are not. The Indians seeing that the alcaldes-mayor do not understand this, have adopted the custom of taking away the children of the aliping namamahay, making use of them as they would of the aliping sa guiguilir, as servants in their households, which is illegal, and if the aliping namamahay should appeal to justice, it is proved that he is an aliping as well as his father and mother before him and no reservation is made as to whether he is aliping namamahay or atiping sa guiguilir. He is at once considered an alipin, without further declaration. In this way he becomes a sa guiguilir, and is even sold. Consequently, the alcaldes-mayor should be instructed to ascertain, when anyone asks for his alipin, to which class he belongs, and to have the answer put in the document that they give him.
In these three classes, those who are maharlicas on both the father's and mother's side continue to be so forever; and if it happens that they should become slaves, it is through marriage, as I shall soon explain. If these maharlicas had children among their slaves, the children and their mothers became free; if one of them had children by the slave-woman of another, she was compelled, when pregnant, to give her master half of a gold tael, because of her risk of death, and for her inability to labor during the pregnancy. In such a case half of the child was free—namely, the half belonging to the father, who supplied the child with food. If he did not do this, he showed that he did not recognize him as his child, in which case the latter was wholly a slave. If a free woman had children by a slave, they were all free, provided he were not her husband. Page 169
If two persons married, of whom one was a maharlica and the other a slave, whether namamahay or sa guiguilir, the children were divided: the first, whether male or female, belonged to the father, as did the third and fifth; the second, the fourth, and the sixth fell to the mother, and so on. In this manner, if the father were free, all those who belonged to him were free; if he were a slave, all those who belonged to him were slaves; and the same applied to the mother. If there should not be more than one child he was half free and half slave. The only question here concerned the division, whether the child were male or female. Those who became slaves fell under the category of servitude which was their parent's, either namamahay or sa guiguilir. If there were an odd number of children, the odd one was half free and half slave. I have not been able to ascertain with any certainty when or at what age the division of children was made, for each one suited himself in this respect. Of these two kinds of slaves the sa guiguilir could be sold, but not the namamahay and their children, nor could they be transferred. However, they could be transferred from the barangay by inheritance, provided they remained in the same village.