CHAPTER XIV

The laws of their private conduct and the general laws of

their government

Following are the laws pertaining to them privately as persons. They

are as much adapted to the nature of the world (although more clothed

with innocence), as they are to their laziness and cupidity which

prohibits them from all expense which is not necessary for life,

as superfluous. For that I have always said of these natives that

they are fine philosophers, adapted to nature. The laws which touch

on other matters and have to do with their neighbors are quite at

variance with the laws of nature; and these extend to a tyranny

so manifestly cruel that at times and in some things it comes to

be brutality. I have seen a son who held his father as slave, and,

vice versa, a father who held his son as slave; for if one make an

outlay for another, they take account of it, as would be done in

the case of a stranger. Inasmuch as this son had freed his father

by buying him from his master, that man was reckoned as his son's

slave, and the same would be true of the son. It may happen that a

chief lowers himself [by having intercourse] with his slave-woman,

and the son whom she bears may be so cruel that at the death of his

father he makes his own mother his slave. Even if, while they are at

peace, these points are not cleared up, and the inner tyranny employs

external civility, yet, if dissensions alter these relations, and they

are divided, the men avail themselves of those rights, and subject

their mothers to whatever they choose, and do not allow them to leave

their houses. Thus do they come to be served by their mothers at all

times. In regard to those who descend from them, there is even less

shame; and among another kind of relations is an utter disregard of

nature in this respect, for their own nephews are the slaves of their

uncles, and, vice versa, uncles are slaves of their nephews.

They do not know what charity is. Consequently, whatever benefits

they confer are all placed on account as debts, which their tyranny

estimates wholly to their own satisfaction. Unfortunate he whom

abandonment or orphanage has flung into the house of another, for

now for his sustenance, and again for his rearing, he must become

a slave. Kindness is shown at the cost of liberty. Although that

was general throughout the islands, in this island it is excessive,

as it is a tenet of the perfidious sect of Mahomet; and its cruelty

has left no liberty that it has not opposed. Therefore, there is not

in this nation the middle class that is found in the others which

forms the common people out of the freemen; for there are no freemen,

nor any mean between chiefs and slaves. Their community is composed

of but two extremes, so far separated. It is a fact that there are

many ways by which to reduce men to such a condition, and there is no

escape from the injury. For, since self-interest is the advantage of

those who are powerful, it unites them against the unfortunate one

who dares to proclaim the offense that has been done to him, while

his punishment conciliates so many other offenders who might perplex

justice; and fear shuts the mouths of those whom the same fortune might

gain to his favor in the support of his testimonies. Therefore, when

it comes to proof there is always a lack of witnesses for innocence;

while on the contrary there is for tyranny an oversupply of ocular

witnesses of things that they have never seen or heard. When some

stranger goes to a village to trade where he does not have the

guaranteed patronage of many powerful relations, in the case of any

neglect that is shown him in courtesy or in the laws, they bring

such a case against him that to get out of it well he abandons his

business and perhaps with his business his freedom. The worst of it

is that the punishment is always more than the offense, for the just

pay as if they were sinners. Their avarice or tyranny not satisfied

with the vengeance taken on the criminal makes the offense related to

the very blood, in order to extend their cupidity farther. Hence it

is that on account of the crime committed by a single one, they make

all the relations slaves. I saw four brothers who were all deprived

of their inherited freedom because of the incivility and weakness of

one. Finding myself in Iligan--a nation which, as it is so new, is

even yet throwing out the sparks of this tyrannical fury it happened

that a common woman spoke some insulting words to another woman who

had rank; and the latter's husband, coming to me to make a complaint,

said to me, exaggerating the offense: "Father, if the Spaniards were

not here, and we could rule ourselves by our own laws, we would have

made mincemeat [gigote] of that woman with a campilan, and slaves

of her brothers and sisters and relatives." Finally, he whom avarice

rules with a tyrannical power (for all their laws end in self-interest)

gets usury from his offense and employment from his crime.

Avarice rules in all their judgments; and the purse becomes the gallows

of all crimes. Money is the vengeance of the aggrieved parties, and

the sponge for injuries. When they are paid for, no spot or sign of

the offense is left. Although there are crimes which bear especially

a capital penalty, yet there is no penalty that cannot be redeemed by

money or goods. He who has no possessions at all has still liberty,

and can surrender that also. That is the road most traveled by which

some come to be the slaves of others; and perhaps the chief, if he be

poor, may be the slave of another who is a plebeian. When anyone is

caught in adultery, if sudden wrath does not execute him, which is

but seldom, the wounds are passed on to his purse, in the endeavor

to destroy him, and the husband subjects his own wife to the same

harshness and penalty. For here all persons have a separate purse,

and the husband is not master of what his wife possesses but only of

what pertains to him. Nor, under pretext of managing her possessions,

does he have more to do with it than the extent of her permission;

and she is always mistress of her own possessions. Thus she pays

a fine to her own husband, as if she were a stranger to him. Having

received this, the aggrieved party remains as satisfied as when, among

the Spaniards, one sword has pinned both guilty ones together. The

offender retains a privilege truly insulting and barbarous--that for

one year he may have intercourse with the woman without her husband

complaining. Then the husband and wife return in all peace to cohabit

as before, the offense being again at risk, for another atonement.

They especially abhor theft, and they have assigned an ignominious

penalty for the thief, as a warning. This is to cut off the joints

of his fingers, more or fewer according to the crime. That perhaps

obliges them to pass from the hands to the toes, the penalty being

proportioned to the misdeeds of greater atrocity. But that penalty

can also be redeemed, as can the others, by money.

Notwithstanding that, some crimes they regard as so capital that they

do not respect petitions or allow bribes, and death is the necessary

punishment for them. The unnatural crime is one of them, and the

severity of the execution well shows their natural horror, for such

people are burned, and their houses; and nothing that they possessed

is allowed to escape from this rigor, as being contaminated. Or,

having caged the offenders, they throw them into the sea, and destroy

their houses and fields, by such punishment to make demonstration of

their abhorrence.

The most feared crime is that which they call sumban, which is incest

in the first degree; for they regard it as assured by long experience

and knowledge inherited in tradition from their ancestors, that

the land which allows that crime is bound down by wretchedness and

misfortunes until its infamy is purged by the rigorous chastisement

of the offender. There is no other means which can placate the wrath

of heaven. Consequently, when they suffer long droughts, or other

general plagues from heaven, they immediately attribute them to

this. A case of that nature came to my notice in the year fifty-one,

when the drought was general, and so great that even the water of

the rivers failed, and that river which had any water that found its

way to the sea was rare. The Indians of the village which was in my

care on the coast of Siocon came to tell me that it was a punishment

from the sky, and that it had been demanded by the awfulness of

such crime on the coast of Mindanao, where they said that a mother

was living in marriage with her son. They petitioned me to have

the offenders punished, and warned me that the punishment should be

death without remission, such being their custom, without admitting

satisfaction by any other penalty, however excessive it be. The same

report was current in the island of Basilan. However, it was without

other foundation than that the Indians are gossipy and suspicious,

ignorant of the secrets of the sky and ruled by the traditions of the

past. They are ruled in that island by greater fear, as they retained

more accurately in their memory certain cases that served them as

examples and warnings. For, at a certain time, the sky was so leaden

that for two years not a drop of rain fell. There was an Indian who

violated the respect that he owed to his blood and to nature, with

regard to a daughter of his. Although he tried to bury the crime in

the depths of his silence, it cried out to the sky as an offense,

and was heard distinctly as a sin; for the effect, as ungrateful as

evil, always turns against its cause. He was a person of influence,

and respect for him did not allow any investigation to be made;

but, the villages grieving over the public calamity, and unable to

endure their forced famine, men trampled under foot respect and laws,

in their judgment that tolerance in so execrable an evil had also

vexed and hardened the sky. By common consent they seized father and

daughter, and, shutting them up in a cage well weighted with stones,

threw them into the sea. In return they experienced from the sky

approbation for their avenging zeal, in the heavy rain with which it

received them. For at all times God preserves the credit to virtue,

and even among barbarians imposed penance on vice, so that those who

became familiars of vice could have no excuse. [64]

The Joloans executed the same punishment with equal severity, but

through malicious information. God, who is always the protector of

innocence, shielded the wretched; for when they cast two other fathers

in the same manner [into the water], he took away the weight of the

stones, and gave the men strength to keep afloat, without abandoning

them for a whole day, so that, the report of the matter having

reached the king, the wonder forced him to seek new information,

by which he discovered falsity and recognized innocence. In all the

nations innocence considers God as its advocate, and in desperate

cases rests secure on His protection.

Judges in suits or causes follow the simple laws of nature, and have no

embarrassment of laws and doubts and contrary interpretations. They

have no delays by reports or prolixity of writs, for they do not

waste a single dedo [65] of paper in that. The accusation, the plea,

and the evidence are quickly heard--all in the manner of the time

of Noah. If there is no testimony, they admit the parties to the

oath, which contains terrifying imprecations. With that plea the

party is usually content; for the obligation and risk, to which he

is exposed by results which are reckoned as punishments of heaven

against perjured ones if the rigor of their imprecations is executed,

are greatly feared. If perchance the party is satisfied that he has

truth on his side, at his petition they do not rest content with that

trial, but judgment of red-hot coals or hot iron, [66] such as was

resorted to in España and other countries, in centuries ruder and more

immune from laws by the privilege of their innocence and goodness. If

the persons are burned, then their punishment is proceeded with;

and if not, the accuser is obliged to make requital. That custom

seems to have been communicated by the Moros by way of Terrenate,

where it is still observed. However, no one is burned, for since

the Ternatans are so skilled in sorcery, they know herbs of such

efficacy and bewitchments of such power, that they communicate it to

the hands so that they can handle the iron with impunity, as if it

were a nosegay of flowers. Also many of those whom they bury alive,

that being the punishment of adultery and rape, escape. I say this,

for it often occurred that persons escaped from the execution of

this test, in the sight of the Spaniards at Ternate, women whose

guilt was notorious, but who cleared themselves of suspicion among

their people by this proof. I was told many happenings of this sort,

during the time that I spent in those islands [i.e., the Moluccas];

and I was assured that it was done by means of an herb, and I was

shown some that were famous in its knowledge. These were the ones

to whom the accused had recourse in all their exigencies, suborning

their expertness with a quantity of money.

The Philippine Islands, 1493-1898 - Volume 40 of 55, 1690-1691 Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Close of the Nineteenth Century · 第 6 / 13 章