The Philippine Islands, 1493-1898 — Volume 16 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 326 pages of information about The Philippine Islands, 1493-1898 — Volume 16 of 55.

The Philippine Islands, 1493-1898 — Volume 16 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 326 pages of information about The Philippine Islands, 1493-1898 — Volume 16 of 55.
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.

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The Philippine Islands, 1493-1898 — Volume 16 of 55 from Project Gutenberg. Public domain.