Conqvista de las Islas Malvcas, by Bartolomé Leonardo de Argensola.—This is partly translated in full, partly synopsized, from the original printed work, from the copies owned by Harvard University, and Edward E. Ayer, of Chicago.
APPENDIX: CUSTOMS OF THE PAMPANGAS IN THEIR LAWSUITS
[The following extract forms the second part of a treatise found in the body of Ordinances enacted by the Audiencia of Manila, given in Vols. X and XI. The first part is entitled "Relation of the customs which the Indians were accustomed to observe in these islands; written by Fray Joan de Plaçençia, and sent to Doctor Stiago de Vera, former president of the royal Audiencia which resided in these islands." This is signed with Plasencia's name. The second part, headed as below, bears no signature, but is doubtless by Plasencia. From their appearance in the body of the above document, it is probable that the Audiencia considered them in assembly. Both these reports were written by Plasencia at the command of the governor or of the Audiencia, in order that the local Spanish magistrates might be guided by the customs of the natives in deciding matters of law or justice among the Indians. The first part, omitted here, is the same, with a few verbal changes, as the relation published in Vol. VII. pp. 173-185; but it is dated, "Narcan, October twenty-four, one thousand five hundred and eighty-nine" (but this may have been an error of the clerk of the Audiencia). The second part (Vol. VII, pp. 185-196) is not found in the above Audiencia document.]
Instructions regarding the customs which the natives of Pampanga formerly observed in their lawsuits
They never had anyone whom they all generally obeyed, except that only in each barangay they obeyed their chief, whose people are called timaguas. Among the chiefs, lords of barangay, he who was most powerful tyrannized over the others, even though they were brothers, because they were all intent upon their own interests.
2. In what concerns regulation in regard to supplies for the country, they had none, and everyone bought and sold as he could; beyond that each chief who ruled a barangay ordered his people to sow at the proper time, and made them assist him at seed-time and harvest.
3. The timaguas, or common people, came before their chief with their suits, and he settled them in this way. Whatever petition was made before them, the chief summoned the party on whom the demand was made, and asked him if he would come to an agreement with the other and opposite party. If the two parties made such agreement, there was no suit. If they would not agree, he exacted an oath from them that they would submit to his judgment. Then he immediately asked for a viva voce examination of both, because among these people there were no writings any suits. If both parties gave like testimony, with the same number of witnesses, they split the difference of the amount of the suit. If the number of witnesses was not equal on either side, such and such a one was condemned to the whole amount, or released from the claim. If the defeated party would not pay according to the sentence, the other party and the judge proceeded against him with the armed hand, and forced him to comply with it. The witnesses were paid according to their rank, and the judge also. The payment of the judge and witnesses was so excessive, that they shared equally with him who won in the suit. The witnesses of the condemned party were paid nothing; and if anything had been given to them before the decision of the suit, it was taken back from them.
4. Item: In regard to any murders that occurred, they ruled in this wise. If one chief killed another chief, the relatives and friends of the murdered man went to war immediately with the murderer and his kindred; and if they killed the murderer, the quarrel and difference between them was ended. If not, they killed as many as possible of his followers. After these parties had grown weary of their strife, and a certain time had elapsed after the murder, the other chiefs of the village or district endeavored to reconcile them. The reconciliation was as follows. The murderer was to give and pay to the relatives of the murdered man seventy or eighty taes of gold; and if he were a prominent chief, one hundred or more. Then they all remained friends, and one half was divided among the children of the murdered man, if he had any, or his parents, brothers, or kindred; and the other half among those chiefs who reconciled them, and the timaguas of the murdered man's barangay, although the chiefs took the greater part. If the children or relatives of the deceased refused to be reconciled, all the chiefs proceeded against them, and assisted the party of the murderer until the said agreement was completed.
5. In case any timagua killed any chief or his child, the relatives of the deceased put the murderer to death, together with his wife and children, if they succeeded in catching him. They seized all his property, which they divided among the children of the murdered man, if he had any, and if not, among his parents, relatives, or brothers; and if he had no kindred, among those who executed the vengeance for the murder, this usually being his successor in the barangay.
6. If the murdered man was a timagua, and the murderer a chief, the latter gave to the children or heirs of the murdered man the sum of ten to twenty taes of gold; but if the murdered man had no heirs, it was divided between the judge passing sentence—who was one of the chiefs, appointed by the others of the village for the purpose—and among the said chiefs, the judge taking one half and the others the other half. Of this they gave no part to the murderer, even though he was a chief.