479. The laws or regulations by which these Indians governed themselves were founded on the traditions and customs of their ancestors, which were not barbaric in all things as were they. For they were directed to venerate and obey their parents, and to treat their elders with the due respect; and individuals to follow the dictate of the community of the village; and to punish crimes, etc.
480. Their judges for this were the chief or dato aided by some old men of his own barangay, or of another barangay if necessary. Or they themselves appointed a judge-arbiter, even if he were of a distinct barangay or village. If there were a suit with rival parties, they tried first to come to an agreement. If they would not agree, an oath was taken from each one, who declared that they would do as the judges should sentence. Having done that, witnesses were examined summarily. If the testimony was equal for each side, then the litigants were reconciled. If the evidence were in favor of one of them, the suit was sentenced in his favor, and the defeated one was notified. If he would not admit the sentence willingly, the judge and all the others proceeded against him, and by way of execution deprived him of all the gold to which he had been sentenced. The greater part of it went to the judges of the case, and to pay the witnesses on the victorious side; while the poor litigant had the least of all, being content with only the glory of victory.
481. Criminal cases were judged according to the rank of the murderer and the murdered. For if the murdered man were a chief among them all his relatives went to the house of his murderer, and the houses of his relatives, and they had continual wars one with the other until—the old men stepped in and acted as mediators, with the declaration of the amount of gold that ought to be given as a payment for that murder. The judges and the chief old men took one-half that sum, and the other was divided among the wife, children, and relatives of the deceased. The penalty of death was never adjudged except when the murderer and his victim were so poor and so destitute that they had no gold for satisfaction and expenses. In that case either his own chief or dato killed the criminal, or the other chiefs speared him after he had been fastened to a stake, and made him give up the ghost by spear-thrusts.
482. In the matter of thefts in which the thief was not known with certainty, and those under suspicion were many, they made a sort of general purgation performed in the following manner. Each one was obliged to bring in a bundle of cloth, leaves, or anything else in which the stolen article could be hidden. Then the fastenings were unwound, and if the stolen goods were found in any of them, the matter ceased, and no investigation was made as to whom the bundle belonged, or who had stolen it. But if the stolen goods were not found, the following means were employed. Each suspect was made to enter a river with a good bottom, staff in hand, and then all at once plunged under. The first one who came up, because he could no longer hold his breath, was regarded as the thief of the stolen goods, for his remorse of conscience, they said, took away his breath. On that account, many were drowned for fear of punishment. The other means was to place a stone in a vessel of boiling water, and to order the suspects to take it out with the hand, and he who refused to put in his hand paid for the theft. Another means was to give them each a wax candle with wicks of equal length, and of the same size and weight, all lit at the same instant; and he whose candle went out first was regarded as the culprit. Of all this, and in all the other suits and civil or criminal causes, the chief took half the gold, and the other half was divided among joint judges and witnesses; and scarce a bit was left for the poor creditor, litigant, or owner. This was one of the greatest sources of gain to the chiefs and datos, and offered the best opportunity for them to exercise their tyranny with the poor, even were the latter guiltless.
483. Adultery was not punishable corporally, but the adulterer paid a certain sum to the aggrieved party; and that was sufficient so that the honor of the latter was restored and his anger removed. They paid no attention to concubinage, rape, and incest, unless the crime were committed by a timava on a woman of rank. On the contrary, the committal of such sins openly was very common, for all of them were very much inclined to this excess; but I cannot find that they were addicted to the sin against nature in the olden time. Verbal insults, especially to chiefs, women, and old men, were regarded as deserving the severest kind of punishment, and it was difficult to obtain the pardon of the aggrieved.
Chapter XLV
Of other customs of these peoples, and in regard to their marriage, dowries, children, and issue
484. It is not known whether these natives divided the time into hours, days, weeks, months, or years, or made any other division of time. As this was necessary to them for the reckoning of their commerce, trade, and contracts (in which they all engaged), they used for reckoning their times of payment, and for other transactions and business of their government—for the hours, the state of the sun in the sky, the crowing of the cock, and the laying time of the hens, and several other enigmas which are still employed in the Tagálog speech. To keep account of the changing of seasons, they knew when it was winter or summer by the trees, and their leaves and fruit. They knew of the division into months or years by moons. Consequently, in order to designate the date of payment, they said “in so many moons, in so many harvests, or in so many fruitings of such and such a tree.” These were the methods employed in their trading and government.
485. The days were reckoned by the name of the sun, namely, arao. Thus the Tagálogs now reckon ysang árao, “one day;” dalauang árao, “two [days],” and so on until they have the difference of weeks, which they call by the name Domingo, saying “so many Domingos.”[18] The night is called gab-ì; and the day arao, from the name of the sun. The months were named and reckoned by the name of the moon, namely, bovan in Tagálog. Thus did they divide the seasons after their own manner, and in their own speech. Only there are no terms to indicate the hours of the clock [in their speech]; and now the Castilian [names of] hours are Tagalized, in order to indicate the hours of time. They call the clock horasan, that is, “a thing in which one sees the hours;” whether in its place or in the instrument made for it.
486. They expressed “the year” in their old speech by the word taòn. It is metaphorical, for it really means “the assembling of many,” and that they have joined together months to make one year. They had a word to signify seasons and climates, namely panahon. But they never knew the word “time” [tiempo], in its general sense, and there is no proper Tagálog word for it; but they use the Spanish word only, corrupted after their manner, for they make it tiyempo.