CHAPTER XIX

POLITICAL ORGANIZATION: GENERAL PRINCIPLES OF THE ADMINISTRATION OF JUSTICE; CUSTOMARY, PROPRIETARY, AND LIABILITY LAWS

GENERAL CONSIDERATIONS

Bisáyas and other people who have had more or less familiar dealings with Manóbos almost invariably make the statement that Manóbo justice is the oppression of the weak by the strong; that there is no customary law that governs in social dealings except that one which is founded on the caprice and villainy of the warrior chiefs and of those who have most influence and following. Now I utterly repudiate such statements and rumors as being due either to lack of familiarity; to a too ready tendency to believe malicious reports; or to undisguised ill will toward, and contempt of, Manóbos. I have lived on familiar terms with these primitive people for a considerable period and have found no evidence of oppression and tyranny. Disputes and misunderstandings arise at times, people sometimes fly into a rage, killings take place on occasions, but such things happen among other peoples. It is truly surprising, considering the lack of tribal and interclan cohesion in Manóboland, that such occurrences are not more frequent or even continual. The statement that the warriors and other influential men rule by caprice and oppression is unfounded. There is no coercion in Manóboland, except such as arises from the influence of relatives, and from gentle persuasion and general consent. A warrior chief, or any other man who would try to use a despotic hand or even to be insolent, exacting, or unrelenting in his manner, would not only lose his friends and his influence, but would arouse hostility and place himself and his relatives in jeopardy.

It must be understood from the outset that in Manóboland there is no constituted judicial authority nor any definite system of laws. There are no courts, and no punishments such as imprisonment, torturing, and whipping. All social dealings by which one contracts an obligation to another are regulated by the principle that one and all must act according to established custom. This principle governs the procedure even of chiefs and influential men when they endeavor to bring about a settlement through the weight of their influence.

Voluntary and involuntary departures from the beaten track cause disputes when these deviations affect another's rights. Thus to refuse one the hospitality of the house, or to overlook him intentionally in the distribution of betel nut would give rise to a dispute, because these courtesies are customary and are therefore obligatory.

Punishment for a violation of customary obligation then becomes a matter of private justice. The injured one either singly, or by means of his relatives and of such friends as he may interest in his cause, seeks reparation from the offender. If he can not secure it through an appeal to customary law supported by the consensus of opinion of the relatives on each side, he takes justice into his own hands and kills his opponent or orders him to be killed.

GENERAL PRINCIPLES

THE PRINCIPLE OF MATERIAL SUBSTITUTION

The Manóbo system of law is still in its indefinite primitive stage. Its fundamental principles are involved in the retention, preservation, and devolution of property. Unlike the highly developed legal systems of the world, it tends, in general, to consider violations as civil, and not as criminal, wrongs. Hence upon due restitution, offered with good will, the great majority of transgressions upon another's rights are quickly condoned. In this it is far more humane than other systems that seek not only justice for the injured party but the corporal punishment of the wrongdoer.

RIGHT TO A FAIR HEARING

As far as my observation goes justice is administered on a patriarchal plan in a spirit of fairness and equality. Except in the case of flagrant public wrongs the transgressor is given a fair and impartial hearing, aided by the presence of his relatives and of others whom he may select or who may choose to attend the arbitration of the case. The presence of the relatives contributes in nearly every case an element of good will, and prevents the use of intimidation. It helps greatly to promote, and not to prevent, justice. It is the paramount factor in determining the defendant to yield, even when bad feeling has been aroused on each side, and when their desire for revenge and spirit of independence would naturally prompt them to have recourse to violent methods. Though the female relatives do not take formal part in the arbitration, yet in their own gentle way they exert a certain amount of influence for good.

SECURING THE DEFENDANT'S GOOD WILL

Because of the desire for revenge which the Manóbo inherits and the universal recognition of the revenge system in Manóboland, an appeal to good will in the settlement of matters is very important, and is a feature of every case of arbitration. I have attended many and many a Manóbo arbitration at which the wrongdoer, after being condemned by the consensus of opinion, was asked over and over whether he recognized his fault and whether he received the sentence with good will. In nearly every instance he replied that he did, and, as an evidence of his sincerity, procured, as soon as convenient, a pig and invited the assembly to a feast. On one occasion I acted as the judge in a case of rape committed by a Manóbo who had had frequent dealings with Christian Manóbos. At my urgent request his life was spared and a fine of 100 pesos was imposed upon him. After he had expressed his conformity with the sentence and his lack of ill feeling toward his accusers, I notified the chief of the other party of my intention to leave the settlement, whereupon he told me secretly that I had better wait as the defendant in the case would undoubtedly entertain the company with pork and potations. And so it happened, for the defendant procured a pig that must have been worth 15 pesos, and a supply of sugarcane wine that must have cost him a few more, expenditures that would not be deducted from the amount of his fine.

FOUNDATIONS OF MANÓBO LAW

Owing to the utter lack of interclan and tribal organization there is no set of statute laws in Manóboland, but, in lieu of them, there are a number of traditional laws, simple and definite, that, in conjunction with religious interdictions, serve in the main to uphold justice, the foundation of all law. There is no word for law in the whole Manóbo dialect, but the word for custom[1] is used invariably to express the regulations that govern dealings between man and man.

[1] _Ba-tá-san_.

One fundamental law is the obligation to pay a debt, whether it be a blood debt or a material one. A very common axiom says that "there is no debt that will not be paid"--if not to-day, to-morrow; if not during one lifetime, during another--for the collection of it will be bequeathed as a sacred inheritance from father to son, and from son to grandson. Montano[2] notes with surprise the sacredness in which debts are held, not only by Manóbos of the Agúsan Valley but by all the numerous tribes with which he came in contact in his travels around the gulf of Davao. I noted the same throughout eastern Mindanáo. The Manóbo, when called to account, will never deny his true indebtedness, and when no further time is given him, he will satisfy his obligations, even if he has to part with his personal effects at a nominal value or put himself deeply in debt to others. He is never considered insolvent. It is true that the Christianized part of Manóboland is not so punctilious in the settlement of financial obligations to outsiders (Bisáyas), but this is explained by the bad feeling that has arisen toward the latter on account of-the wholesale, fraudulent exploitation carried on in commercial dealings between them and the Christian Manóbos.

[2] Une mission aux Isles Philippines.

So many references have already been made in previous chapters to the practice of revenge that it is not necessary to dilate upon it here. Suffice it to say that it is not only the right but the duty, often bequeathed by father to son, to obey this stern law. One who would allow a deliberate breach of his rights to pass without obtaining sufficient compensation would be looked down upon as a sorry specimen of manhood. The feeling is so deeply rooted in the heart that the wife may urge her husband, and the fiancé, her lover, to carry out the law, and the father may instill into the hearts of his little ones the desire to wreak vengeance upon their common enemies.

CUSTOMARY LAW

ITS NATURAL BASIS

The intense conservatism of the Manóbo, fostered by the priestly order, is the basis of the customary law that determines and regulates social and individual dealings in Manóboland. So strong is this conservatism, based on a religious principle, that it is believed that any act not consistent with established customs arouses the resentment of the spirit world. This feeling exerts so powerful an influence that in many cases a definite custom is carried out even when a departure from it would be manifestly to the material advantage of the individual. As has been set forth before in this monograph, the ridiculously low prices at which rice is sold in harvest time is a case in point.

The extreme cautiousness and suspiciousness that is such a dominant feature of Manóbo character tends also to maintain the customary law. The Manóbo prefers to jog along in the same old way rather than to do anything unusual, thereby laying himself open to the displeasure of his fellowmen and to that of the gods.

ITS RELIGIOUS BASIS

The legion of taboos, religious and magic, limits the Manóbo's actions, in no inconsiderable manner, within fixed and definite rules, the nonobservance of which would render him responsible for such evil consequences as might follow. To cite an instance: When I first went into a region near Talakógon that was considered to belong to a local deity, my guide cautioned me to avoid certain actions which, he said, were displeasing to the reigning deity. I asked him what would be the consequence if harm were to befall him as a result of my failure to comply with his instructions. He quietly informed me that I would be responsible to his relatives for any harm which might come to him.

Again if one enters a rice field during harvest time the displeasure of the goddess of grain is aroused, and the rice is likely to be diminished in quantity. The transgressor may do all in his power to appease the offended goddess, but if she refuses to be appeased and permits a decrease of the supply, not otherwise explainable, he will be held responsible, and in the due course of events will have to make good the shortage according to the tenets of customary law.

Another example will show the rigid regulations that custom imposes in the matter of omens. I started out with a Manóbo of the upper Agúsan for a point up the Nábok River. At the beginning of our trip the turtle bird's cry came from a direction directly in front of us--an indication of impending evil either during the trip or at its termination. My guide and companion begged me not to proceed, but I managed to convince him that there was nothing to be feared, so he consented to continue the trip with me. Now it happened that he had a quantity of loose beads in his betel-nut knapsack and that a hole was worn in the sack before the end of the trip, the result being that he lost his beads. He held a consultation with the chief of the settlement at which we had arrived, explaining the omen bird's evil cry and the efforts he had made to persuade me to desist from the trip. It was decided that because of my failure to follow the directions indicated by the omen bird, I was responsible for the loss of the beads. On further discussion of the point it became apparent that I would have had to answer for the life of my companion, if he had lost it on the trail, for it was intimated to me that the omen bird's voice had clearly warned us of danger and I was requested to explain my failure to heed the warning.

The observance of customs for religious reasons suggests an explanation of many acts that to an outsider seem inexplicable, not to say unreasonable. The selection of farm sites at considerable distances from the dwelling, the reluctance to leave the region of one's birth, the unwillingness to visit remote mountains and similar places, the fear of doing anything unusual in places thought to be the domain of a deity--these and numerous other ideas--are to be attributed to the observance of customary law.

In this connection it may be well to remark that a stranger visiting remote Manóbo settlements without an introduction or without previous warning should be very careful, if he desires to deal with these primitive people in a spirit of friendship, not to break openly and flagrantly any such regulations, principally religious ones, as may be pointed out to him. In fact it would be well to ascertain as soon as possible what is expected of him. I have always made it a point to announce that I would not be responsible for any evil consequences attending my violation of customs that I was ignorant of and I have requested my new friends to acquaint me with such customs and beliefs as might differ from those of other Manóbo settlements.

PROPRIETARY LAWS AND OBLIGATIONS

CONCEPTION OF PROPERTY RIGHTS

Property rights in the full sense of the word are not only very clearly understood but very sternly maintained. The Manóbo conception of them is so high that, with the exception of such things as _camotes_ and other vegetable products, even gifts must be paid for. And even for such trifling things as _camotes_, an equivalent in kind is expected at the option of the donor. During my wanderings I was always in the habit of making presents as compensation for the food furnished me, and was frequently asked why I had done so, and why I did not make the recipients of these presents pay me. No explanation could change the strong belief that all property of any value, whether given under contract or not, should be paid for. This principle is further evidenced by the fact that there is no word in the Manóbo dialect for gift nor is there any word for thanks. In some places, however, they have a conception of "alms."[3] On many occasions one of the first requests made to me by a new acquaintance of some standing was a request for alms. I am of opinion that this idea was acquired by them from the universal reports concerning the liberality of the missionaries who from the middle of the seventeenth century labored in the Agúsan Valley. A request for alms or for a present of any value is seldom made by one Manóbo of another, but when it is made it is met by a simple answer, "I do not owe you anything." That settles the question at once.

[3] _Lí-mos_, probably from the Spanish _limosna_, alms.

My practice of distributing gifts frequently aroused some ill feeling. For example, on many occasions I was asked by individuals why I had made presents to so-and-so and not to them. It was necessary in these cases to explain that I owed a debt of good will to the individuals referred to and that I would most assuredly give like gifts to others whenever I should become indebted to them in a similar manner.

LAND AND OTHER PROPERTY

Customary law regarding public land is very simple. Each clan and, in some cases, one or more individual family chiefs, have districts which are the collective property of the clan or family. Theoretically this ownership gives hunting, fishing, agricultural, and other rights to that clan or family, to the exclusion of others. In practice, however, anyone who is on good terms with the chief who represents the family or the clan in question, may occupy a portion of the land without any other formality than that of mentioning the matter to the proper chief. The occupation presumes that the occupant is on terms of good will with the chief, and it never implies that the new occupant is required to pay anything for the use of the land. With regard to fishing rights, especially when the fish-poisoning method is employed, it is very often stipulated that a share of the catch shall be given to the owner. When the two parties concerned are on good terms, the territory of one may be used by the other for hunting, apparently without any question.

When the rice-sowing season is at hand, the Manóbo goes over the clan district and selects any piece of vacant land that, because of its fertility and closeness to water, may have recommended itself to him after a due consultation of the omens. Having made the selection, he formally takes possession of the land by slashing down a few small trees in a conspicuous place and by parting the top of a small tree stem and inserting into it at right angles a piece of wood. He then returns to his settlement and announces his selection. He has become now the owner of the land. Anyone who might attempt to claim the land would become cleft, so it is believed, like the parted stem that was left as a proof of the occupation of the land. In a few cases I saw a broken earthen pot left on an upright stick. It was explained to me that this, too, was a symbol of what would befall the one who would dare to dispute the right to the property. This is another evidence of the widespread belief in sympathetic magic.

In my travels throughout eastern Mindanáo I never heard of a single instance of a land dispute among the non-Christian peoples. There is no reason for dispute because the whole of the interior is an immense and very sparsely populated forest that could support millions instead of the scant population which is now scattered through it. Moreover, the religious element in the selection, the consultation of omens, and the approval by the unseen world seem to prevent disputes.

From the moment of occupation, then, till the abandonment of the site the occupant is the sole lawful owner of the land and has full rights to proprietorship of all that it produces. When he abandons the land he still retains the ownership of such crops or plants as may be growing on it. Hence betel-nut palms, betel plants, bananas, and other plants, belong, to him and to his descendants after him. Even such fugitive crops as _camotes_ are his until they die off or are destroyed by wild boars.

Fruit trees, such as durian, jack-fruit, and others growing in the forest, are, in theory, the collective property of a clan or of a family, but in practice anyone may help himself. However, the finder becomes sole and exclusive owner of a bee's nest as soon as he sets up an indication of his ownership in the form of a split stick with a small crosspiece, and announces his possessive rights on his return to the settlement. The parted trunk has a form and significance similar to that which it has in connection with the selection of a new site. As far as I know a bee's nest once located by one individual is seldom appropriated by another, but the theft of palm wine is common enough, especially if the palm tree be at a considerable distance from the owner's settlement.

All other property that is the result of one's own labor, or that has been acquired by purchase or in any other customary way, belongs to the individual, unless he is a slave. Even slaves, captured during war raids, become the property of their captors, unless stipulation to the contrary has been made before the raid. In one expedition that took place in 1907 a certain warrior chief was delegated to punish a Mañgguáñgan. As an advance payment he received a few bolos and lances, but it was expressly agreed that after the attack he and his party were to receive all the slaves captured.

With regard to the loss of, or damage to, property belonging to another, the customary law is rigid; the damage or the loss must be made good, no matter how unfortunate may have been the circumstances of the loss. This will explain the great care that carriers exercise in transporting the property of others through the mountains, for if by any mischance the things were to get lost or wet or broken, or damaged in any other way, they would be required to make good the loss. This custom, as applied in some cases, may seem somewhat harsh, but it must be remembered that Manóboland is a land where the law of vengeance prevails, and that no opportunity to wreak vengeance must be given. Such opportunities would occur if anyone were permitted to attribute a loss or other accident to involuntary causes.

This rigid law will explain also the peculiar liability under which one is sometimes placed for an absolutely unintentional and unforeseen act. Thus, on a certain occasion, one of my carriers died a few days after my arrival in a settlement. Shortly after the occurrence of the death I was confronted by a band of the relatives of the deceased in full panoply and requested to pay the commercial equivalent of a slave.

On another occasion I ran after a child in play. The child out of fright rushed into the forest and hid. The same afternoon it was taken with a violent fever to which it succumbed a few days later. I was not in the settlement at the time of the death, and was not sorry, for it was reported to me that the father of the deceased child had said that he would have killed me. On my return to his settlement a few days later I visited the father for the purpose of having the case arbitrated. He broached the subject and demanded three slaves, or their equivalent, in payment for the death of his child, which was due, he firmly believed and asseverated, to the scare that I had given it.

Many instances might be adduced to illustrate the peculiar liability which one undergoes in dealing with these primitive men who follow out in practice the old fallacy of _post hoc ergo propter hoc_.

LAWS OF CONTRACT

The conception of contract is as universal as the conception of property rights, but a certain amount of leniency seems to be expected in such details as fulfilling the terms of the contract on the specified date, unless it has been expressly and formally agreed that no leniency is to be looked for. In case of a failure to fulfill the contract at the stated time it is customary to offer either what is called an "excuse,"[4] in the form of extra hospitality or a free gift of some article, not so valuable as to constitute a debt, or to make many explanations, very frequently fictitious. These remarks apply only to cases in which the creditor has undergone the hardship of a reasonably long trip or of other necessary expenditures. Thus, to illustrate the point, A owes B a pig deliverable, according to agreement, after the lapse of so many days, there being no express provisions for any penalty in case of nonfulfillment of the agreement. B goes to A's house and is treated to a special meal with an accompaniment of drink when obtainable. Toward the termination of the meal, he is informed by A of the latter's inability to pay, for numerous real, or more numerous fictitious, reasons. B accepts this excuse but before leaving asks for some little thing that he may take a fancy to. It is always given as an "excuse." Another day for the payment is agreed upon. This leniency may be displayed on one or more occasions till the delay in paying exasperates B or renders him liable to loss. Ill feeling arises all the more readily if B feels that A has not been as assiduous as he should have been. Then a stringent contract is entered upon, the nonperformance of which will render A liable to interest or to a fine, as may be stipulated.

[4] _Ba-lí-bad_.

In cases where serious consequences might result from a failure to fulfill a contract, it is customary for the contractor and often for the other party to make a number of knots on a strip of rattan, each knot signifying a day of the time to elapse before payment, or representing one article of the goods to be paid for, or one item of the goods to be delivered.

All more important contracts are made in the presence of witnesses, and the time and the number of articles to be delivered are counted out on the floor with grains of corn or with little pieces of wood, or are indicated by counting a corresponding number of the slats of the floor.

THE LAW OF DEBT

The law of debt in Manóboland is so rigid that failure to comply with it has given rise to many a bloody feud. All commercial transactions are conducted on a credit basis. An individual whom we will call A needs a pig, for instance, and starts out on a quest to secure one. He visits one of his acquaintances and informally brings up the subject, remarking, for example, that he would like to buy a certain pig that is in the settlement. He may not be able to make the purchase until he has tried several settlements, for it may happen that the owner of each pig may want in exchange objects that A does not have and is unable to get. Thus B, the owner of a pig in the first settlement, wants in payment a Mandáya lance of a certain length, breadth, and make. Now A knows of no one from whom he can procure such a lance, so he has to go on to the settlement of C who in exchange for his pig wants five pieces of Mandáya cloth. A is afraid to take the pig on such terms because the Ihawán Manóbos are in arms on account of a recent killing, and as the trade route for Mandáya cloth passes through the territory of the Ihawán Manóbos he sees no possibility of fulfilling a contract to deliver the cloth. So off he goes to the settlement of D where he finds a pig for which the owner demands four yards of blue cloth, two of red, and two of black, together with a specified quantity of salt. A thinks that it will be easy for him to run over to some Christian settlement and get those articles in time to pay D, so he clinches the bargain by putting a series of knots in a strip of rattan to represent the number of days to expire before the date of payment. This he delivers to D and the contract is sealed. He then returns to his settlement with his pig, and turns it over to some one else perhaps, to whom he owes a pig, or, if it was intended for a sacrifice, to the family priest or priestess. In due time it is disposed of with much satisfaction to the gods and to the inner man. As the day for payment approaches, A must take measures to get the salt and the cloth for D, so he hastens to the settlement of E, if sickness in the family, or heavy rains, or some other obstacle does not prevent him, but finds that E requires a Mandáya bolo for the articles needed and as A has no such object and sees no immediate prospect of obtaining it, he goes on to F's. F demands a certain amount of beeswax and a Mandáya dagger in exchange for the cloth and the salt and as A feels that he can procure these articles, he closes the bargain, promising to deliver the goods within so many days or weeks.

A now owes D cloth and salt, payable within 14 days, let us suppose. He is also under contract to F to furnish him a dagger and a specified amount of beeswax, also on a specified date. Upon the approach of the time agreed upon A runs over to F's only to find that F had been unable to get the cloth and the salt, either because no Bisáya trader has been up to the Christianized settlement on the river; or because of heavy rains or for some other reason. The result is that A returns to his settlement without the cloth and the salt. Upon his arrival at D's or upon D's arrival at his settlement, as the case may be, he excuses himself to D, setting forth in detail the reason for his failure. He treats D as best he can, and fixes another date for the delivery of the salt and the cloth, the same to be delivered at D's settlement. D returns to his home without the salt and the cloth and awaits the delivery.

Now it may happen that, through the fault of A or through the fault of F or through unforeseen circumstances, A is unable to keep his agreement. D has made many useless trips to collect from A. It is true that D has been feasted by A upon every visit but the long delay, and possibly his debt of salt to someone else, is gradually provoking him. So one day he speaks somewhat strongly to A, setting a definite term for the payment. If A is unable to meet his obligations after this ultimatum, or if D suspects or has proof that A is playing a game, matters become strained and D has recourse to one of three methods: (1) Collection by armed intimidation; (2) the _tawágan_ or seizure; (3) war raid.

The last two methods have been sufficiently explained in Chapter XVIII but the first needs a little explanation.

After all attempts to collect by peaceable means have failed, the creditor assembles his male relatives and friends and proceeds to the house of the debtor with all the accoutrements of war. It is customary to bring along a neutral chief or two from other clans. Upon arriving at the debtor's house no hostile demonstrations are made. The creditor and his party enter as if their object were an ordinary visit. Should, however, the debtor have abandoned his house, this part of the affair would be at an end, for the creditor would be justified in adopting the second method (i. e., the seizing of any object, human of other that he might see), or the third method.

Should his debtor, however, be present, the creditor and his companions are regaled with betel nut and food and the meeting is perfectly goodnatured. But gradually the subject of the debt is introduced and then begins the pandemonium. If the chiefs who have accompanied the creditor's party have enough moral influence to bring about an agreement, the matter is settled, but if not, the visiting party may depart suddenly with yells of menace and defiance, and very frequently may have recourse to the seizure method, taking on their way home any object that they may encounter such as a pig, or even a human being. Hence as soon as it becomes known that no settlement has been made bamboo joints[5] are blown--the invariable signal in Manóboland of danger--and everybody goes into armed vigilance. Children and women are not allowed to leave the house, and pigs are frequently taken from below and put up in the house until the enraged creditor and his party have gone.

[5] _Tam-bú-li_.

I was in one place where such a state of things existed. My merchandise was taken by my host from under the house and carefully hidden upstairs. I wished to go to meet the collecting party but no one would volunteer to accompany me.

If an agreement to pay has been brought about, the debtor has to make the settlement before the departure of his creditor, even though it may require several days to complete the payment. In this latter case the sustenance of the visiting party and all their needs fall, by custom, upon the poor debtor.

Such is the customary method of collecting debts when all peaceable efforts have been unavailing. To understand the principle involved in it, as also the circumstances that bring it about, it is necessary to bear in mind that once the creditor becomes disgusted with the delay of his debtor in settling the account, he announces his intention to add to the indebtedness a financial equivalent of all fatigues[6] and expenses to be subsequently incurred in the collection of the debt. These fatigues not only include the actual trips made both by himself and such messengers as he may send to collect the debt, but such incidental losses, sicknesses, or accidents as may be the outcome of such trips.

[6] _Ka-há-go_.

Another principle recognized in this matter is the liability into which the debtor may fall for such losses as the creditor may undergo through his failure to fulfill his obligations to a third person. Thus A owes B a pig, and B owes C, who in his turn must pay a lance to D at a certain time. On account of C's failure to deliver the lance in due time to D, he is, according to a previous contract, mulcted to the equivalent of 15 pesos. Had C been able to purchase a lance with the pig that B owed him he would, by customary law, be justified in putting the fine of 15 pesos to B's account. B attributes his failure to A's delay and on the same grounds, adds 15 pesos to the latter's indebtedness.

It is clear that the principle of liability involved in this system gives rise to an infinity of disputes that may lead to bloodshed whenever the matter can not be arbitrated by the more influential men and chiefs in a public assembly. The debt after a certain time increases beyond reasonable proportions until it finally becomes so great as to be beyond the debtor's means. Notwithstanding the sacredness with which the average Manóbo regards his debts, it happens occasionally that a little bad feeling springs up which, in the course of time may lead to serious consequences. It will be readily understood how easy it is for one party to take umbrage at the words or actions of another and to become obstinate. Happily, however, this does not happen frequently, on account of the salutary fear inspired by the lance and the bolo, and the urgent endeavors of the chiefs and the more influential men to settle matters amicably. I am surprised that disputes and bloodshed arising from, the great credit system do not occur more frequently among such primitive people.

Though in practice the relatives of a debtor assist him to settle his obligations, especially when he is hard pressed by his creditor, yet in theory there is no joint obligation to pay the debt. Neither do they, as a rule, assume a collective responsibility for it.

Between relatives, as between others, the law regarding the payment of a debt is strenuously maintained, though I know of no case between near relatives in which it led to more than family bickerings. A very careful account of the indebtedness of one relative to another is sedulously kept.

INTEREST, LOANS, AND PLEDGES

INTEREST

No interest is charged unless an express contract is made to that effect. In the case of a loan of paddy, however, even if no formal contract has been made, twice as much must be returned as was borrowed. Express contracts that call for interest are rather rare, as far as my observation goes, and when such contracts are made they are usually of a usurious nature, due, as I have noticed on several occasions, not so much to the desire for material gain, as to that of satisfying an old grudge against the borrower. In settlements that have had experience with the usurious methods of Christian natives, one finds here and there an individual who tries to follow the example set him by people that he looks up to. This practice is universally discountenanced, and, though it is submitted to under necessity in commercial dealings with Bisáyas, it gives rise to no inconsiderable ill feeling, a fact that explains, to my mind, the difficulties that Bisáyas experience in collecting from Christianized Manóbos, as also the killing of many a Bisáya in pre-American days. During my trading tour of 1908 there was universal complaint made to me by Manóbos of the upper Agúsan, upper Umaíam, and upper Argáwan Rivers against the system of usury employed by Bisáya traders, and many a time I heard this remark made concerning certain individuals: "We would kill him if we were not afraid of the Americans."

LOANS AND PLEDGES

With the exception of articles borrowed on condition that they are to be returned, loans are very rare in Manóboland. The most usual loan is that of paddy. Articles borrowed must be returned in as good a condition as that in which they were received.

I know of no leases among non-Christian Manóbos. Land is too plentiful to lease; other property is either sold or borrowed.

I have never known a material pledge to be given, but the custom of going bond seems to be very generally understood though not much practiced, as such a custom insinuates a distrust that does not seem to be pleasing to the Manóbo. A notable feature of the practice is the principle that the _bondsman becomes the payer_. I am inclined to think that this principle was taught to their mountain compeers by Bisáya and Christianized Manóbos who found in it a convenient expedient whereby to make the collection of debts easier and sure. On the strength of it, a chief or a more well-to-do member of the tribe becomes responsible for the debt of one whose surety he became.

LAWS OF LIABILITY

LIABILITY ARISING FROM NATURAL CAUSES

The liability here referred to is the general responsibility that a person acquires for consequences that are imputed to an act of his, whether voluntary or involuntary. Instances of this strange law arise on many occasions in Manóboland. The reader is referred to the case of the loss of the beads, the attempt to collect from me for the natural death of one of my carriers, for the death of a child that I had frightened, and other instances mentioned previously, all of which show the idea of responsibility for consequences following an act. A few more instances will make the principle involved clearer. On the upper Agúsan, a Manóbo of Nábuk River went over to Moncáyo to collect a debt. According to custom he carried his shield and spear. Now it happened that there were two women walking along the river bank, one of whom was the wife of an enemy of this Nábuk warrior. Upon seeing him she became frightened, fell into the river, and was drowned. The result of this was that the Nábuk man was condemned to pay a slave or its equivalent. As a near relative of his enemy owed him "thirty" (P30) he transferred the fine to him but the transference was not accepted on the ground that the Nábuk man ought to pay his fine first. A few days' discussion of the matter resulted in the departure of the Nábuk man, who upon his arrival in a near settlement killed, in his rage, one of his slaves. The outcome of the whole affair was a feud between Moncáyo and Nábuk.

LIABILITY ARISING FROM RELIGIOUS CAUSES

The violation of the numerous taboos is believed to bring about evil consequences that are chargeable to the account of the infringer. For example, a man in Búai was charged 30 pesos for the breaking of a certain birth taboo, a violation which was supposed to have been responsible for the stillbirth of a child. I was warned on many occasions to desist from making disrespectful remarks about animals, such as monkeys or frogs, because, if Anítan were to hurl her thunderbolts at one of my companions and harm were to befall him I would be fined or killed. I would undergo a similar punishment, I was told on other occasions, for using such tabooed words as crocodile and salt; it was believed that a storm would be the result of the use of these words. On one occasion I thought it prudent to give a carrier of mine a piece of rubber cloth wherewith to cover his salt, for he had threatened to collect from me if it became wet from the storm that was impending, and which all my companions imputed to my deliberate use of the names of certain fish not native to their mountain water.

LIABILITY ARISING FROM MAGIC CAUSES

Another pregnant source of fines and of sanguinary feuds is the belief in the possession, by certain individuals, of magic power to do harm. No one that I know of or have heard of, except a few fearless warrior chiefs, has made open avowal of the possession of such power and yet on many occasions I have heard of the supposed possession of it by various individuals. To give an instance, a Manóbo on the upper Agúsan had the reputation of having secret poisons. One day another Manóbo and his wife visited him. With the exception of a trifling altercation about a debt, everything went well. On her return home the woman was suddenly taken sick and died. Her death was ascribed to the magic power of the person recently visited and the outcome was that the party with the bad reputation had to build a tree house, one of the few that I have seen, and surround his settlement with an abatis of brush and of sharp spikes, all in anticipation of an attack by the deceased woman's husband.

It was the rule rather than the exception that I, myself, had the same reputation applied to me. Upon arrival in heretofore unvisited regions I was fequently[sic] informed that they had heard of my wonderful power of killing. On many occasions it was only by assuming a bold front and by vowing vengeance on my traducers that I freed myself from the imputation. In such cases I always asked for the name of the slanderer, and, upon learning it, announced my intention of seeking him without delay, for the purpose of clearing myself from the imputation and of demanding satisfaction from him.

THE SYSTEM OF FINES

It is not intended here to consider the system of fines as penalties for voluntary wrongdoings but only as punishments for certain little acts of forgetfulness or of omission that might be construed as conscious acts of disrespect. The system is a very strange one and, to our way of thinking, very harsh, productive sometimes of bad feeling and even of more serious results.

Instances that have passed under my personal observation will illustrate the system. Thus, on one occasion an acquaintance of mine left the house without making his intention known to those present. While he was under the house, one of the guests happened to spit through the floor upon the clothes of the man underneath. Upon his return he identified the guilty one both by his position in the house, and by the quality of the chewing material he was using. The case was discussed at length and it was decided that for carelessness the guilty one should make material reparation in the form of a chicken and some drink.

Again, the dog of a certain individual on the upper Agúsan was guilty of soiling the clothes of a person that happened to be working under the house. As the owner of the sick dog (it had been mangled by a wild boar) had been previously warned of the possibility of something untoward happening, he was fined and was condemned to make further reparation in the form of a convivial meeting in order to remove the ill feeling.

Instances of fines that were imposed on me will illustrate the principle involved. Upon my arrival in new regions I was almost invariably called upon to pay a certain amount, on the ground that I had had no permission to enter the settlement, or that the local deities had been displeased at my visit, or that I was a spy, or for some other reason. The refusal to pay was always accepted after lengthy explanations and after the distribution of a few trifling gifts to the more vehement members of the settlement, but in one case arms were drawn and I had to take my stand with, back to the wall and await developments.

Other instances in which unintentional disrespect toward the person or property of anyone was displayed might be adduced to profusion. It will suffice to say, however, that such acts as the following, even when unintentional, lay the agent under a liability, the commercial value of which must be determined by the circumstances and very frequently by formal arbitration: Spitting upon, or otherwise soiling another; rudely seizing the person of another; unbecoming treatment of another's property, especially of his clothes, as when, for instance, one steps upon another's shirt; opening another's betel-nut knapsack or other concealed property; borrowing things without formal announcement and due permission; going into certain places interdicted by the owner, as bathing, for instance, in that part of a river which the owner has forbidden the use of,[7] or visiting his rice granary; and using disrespectful language, even in joke, about another, as, for instance, speaking of one as an insect, a Mañgguáñgan.[8]

[7] Due, presumably, to the fact that the place, usually a deep pool, is the abode of a water wraith.

[8] This is a term of reproach when applied to a Manóbo.

These interdictions are necessary among the Manóbos in order that in their social dealings with one another proper deference may be shown toward their person and property. For were a mere "pardon me" a sufficient reparation for an act, however unintentional, advantage might be taken of it to inflict a thousand and one little incivilities that would serve to arouse the relentless spirit of revenge that centuries of feuds have instilled into the Manóbo character.