UNIVERSITY OF CALIFORNIA PUBLICATIONS IN AMERICAN ARCHAEOLOGY AND ETHNOLOGY Vol. 15, No. 1, pp. 1-186, plates 1-33 February 15, 1919 IFUGAO LAW BY R. F. BARTON '• M- art likely to think of the savage as a freakish creature, all moods — at one a friend, at the next moment a fiend. So he might be were it not for the social drill imposed by his customs. So he is, if you destroy his customs, and expect him nevertheless to behave as an educated and reasonable being. Given, then, " primitirt society in a healthy and ui, contaminated condition, its members will inva- riably be found to be on the averag< more law-abiding, as judged from tin stand- point of their own law, than is the case in any civilized state. "Of course, if ice liave to do with a primitive society on the doion-grade — and very few that havi been ' Civilizaded,' as John Stuart Mill firms it. at the hands of the white man are not on the doivn-grade — its disorganized and debased custom no serves a vital function. But a healthy society is bound, in a wholesale way, to have a healthy custom." R. R. Marrett, in Anthropology. CONTENTS [ntrodugtion PAGE The Ifugaos S Sources of Ifugao Law and its present status of development 11 -* 1. Relation of taboo to law 11 2. Scope of customary law 14 ■* 3. Connection of law and religion 14 4. General principles of the Ifugao legal system 14 5. St:iLx.- of development of Ifugao law 16 The Family Law Marriage 17 6. Polygamy 17 7. Nature of marriage 17 8. Eligibility to marriage IS 9. The two ways in which marriage may lie brought about IS 10. Contract marriage 1'.' 11. Marriage ceremonials 21 12. (lifts t,, tl„. kin of the bride: hakba 22 13. Obligations incurred by those who enter into a marriage contract 24 14. The binawit relation 25 15. Property rights acquired by marriage 26 University of California Publications in Am. Arch, ami Eihn. [Vol.15 Remarriage of the widowed 27 16. The gibu payment to terminate marriage 27 Divorce 30 17. Divorce because of necessity 30 18. Divorce for mutual benefit 30 19. Divorce which may be demanded by either party 30 20. Cases where divorce may be demanded by one party or the other 31 21. The hudhud, or payment for mental anguish 32 22. Divorce ceremonies , 33 23. Property settlements in ease of divorce 33 Dependents in relation to family law 34 24. Adopted children 34 25. Servants 34 26. Slaves 35 niegitimate children 36 27. Definition of illegitimacy; its frequency 36 28. Obligations of father to bastard child 36 29. Determination of parentage 37 Reciprocal obligation of parents and their children 37 30. Duties of parents to children 37 31. Obligations of children to parents 38 The Property Law The kinds of property 39 32. The Ifugao's classification of properties 39 Family property 39 33. The Ifugao attitude toward family property 39 34. Rice lands 40 35. Forest lands 40 36. Heirlooms 40 37. Sale of family property 41 Personal property 41 38. Definition '. 41 39. Houses 41 40. Valuable trees 41 Perpetual tenure 12 41. Rice and forest lands 42 42. " Homesteading" 43 i:;. Paghok, or landmarks 43 44. Right of way through property owned by others 43 Transient tenure 43 45. Tenure of sweet potato fields 43 Transfers of property for a consideration 44 46. ThebaM 44 47. Sales of family property 45 is. Responsibility of seller after property has left his hands 49 Transfers of property arising from family relationships 50 49. Methods of transfer 50 50. Assignment and transfer of property during the lifetime of the owner... 50 51. Inheritance 50 52. The passing of property between relatives because of relationship 50 53. The law of primogeniture 51 1919] Barton : Ifugao I an PAGE 54. The passing of property to legitimate sons and daughters by assignment or inheritance 51 55. The passing of property to other relatives 51 56. Property rights of bastards 52 57. Transfers of property to adopted children 53 58. Servants and slaves as inheritors 54 59. Willsand testaments 54 Settlements of debts of the aged and deceased 55 60. W hen the debtor lias children 55 61. When the debtor is childless but leaves a spouse 55 62. Debts for which the kin of the deceased are held 55 63. Altitude toward debts 56 Borrowing and lending 56 64. Lupe, or interest 56 65. Fatang, or interest paid in advance 56 66. Another form of patang 57 ( to-betweens 57 07. The go-between 57 6S. Responsibility of go-betweens 57 69. Conditions relieving a go-between of responsibility 58 70. Payment due those who find the body of one dead by violence 58 Contract- for the sale of property 59 71. On whom binding 59 Irrigation law 59 72. The law as to new fields 59 73. The law as to water 60 74. The law as to irrigation ditches 60 Penal Law Penalties 61 75. Nature and reckoning of fines 61 Circumstances which affect penalty 63 76. Moral turpitude not a factor 63 Penal responsibility 63 77. The nungolat, or principal 63 78. The tombok, or "thrower" 64 79. Iba 'n di nungolat, ' ' the companions of the one who was strong " 64 80. The monludol, "shower," or informer 64 81. Servants who commit crimes at the bidding of their masters 64 82. Likelihood to punishment 6 ' 83. Drunkenness and insanity in relation to criminal responsibility 65 84. The relation of intent to criminal responsibility 65 Other factors affecting liability .' 66 85. Alien-hip 66 86. Confession 66 87. Kinship 67 88. Rank and standing in the community 67 89. Importance of influential position and personality 6S 89a. Cripples and unfortunates 68 The principal crimes and their frequency 69 90. List of offenses 69 Sorcery '" \y of California Publicai ■ Arch, and Ethn. [Vol.15 91. The ai/nl: or soul-stealing 70 Other forms of sorcery 70 93 Punishmenl of Borcery 71 Adultery 72 !M Forms of adultery 72 Punishmenl of adultery 73 96. Sex in relation to punishmenl for adultery 74 The taking "t" life 75 '.i7. General considerations 75 98 Executions justifiable by [fugao law 76 99 Feuds 77 100. War 77 101. Head-taking 78 102. Htbvl, or homicide 78 103 attempts to murder 79 nil Wounding 79 in.",. 8pecial liability of the givers of certain feasts 79 106. The labod, fine assessed for homicide -81 in;. Accidental killing of animals 82 108 Malicious killing of animals 83 Putting another in the position of an ace »mplice 83 109 The tokom, or fine for compromising another 83 Theft 85 110. Of theft in general 85 111. Theft of rice from a granary 86 112 Theft of unharvested rice 86 113. Dlegal confiscation 86 Arson 87 1 1 I. I'iiics assessed for goba or arson 87 Kidnapping 87 115 Circumstances under which kidnapping may occur 87 [ncesl 88 1 16 Rarity of such offenses 88 Rape SS 117. I'.'.th parties l •< 1 1 1 tz unmarried 88 li v l.'.-ipi- of a married woman by an unmarried man 89 119. RApeofa married woman by a married man 89 Ma-hailvu, or minor offenses 89 120. false accusation 89 121. Baag or slander 90 122. Threats of violence 90 123 ln-ult 90 PSOCI i'i m The family in relation to procedure . 92 l-i Family unity and cooperation 92 The monkalvm nr go-between 94 125. Nature "f In- dul ii 94 Testimony 95 1 26 Litig mi- '1 ■ ii"! «• infronl each other 95 < frdeale 96 r_'7 Cases in which employed 96 i«H!>| Barton : Ifugao Law 5 PAGE 128. The hot water ordeal 96 L29. The hot-bolo ordeal 97 L30. Alao, or duel 97 131. Trial by bultong or wrestling 97 132. The umpire and the decision 99 Execution of justice 99 133. Retaliation 99 134. Seizure of chattels 100 135. Seizure of rice fields 102 136. Enforced hospitality 103 137. Kidnapping or seizure of persons 104 i:;s. Cases illustrating seizure and kidnapping 104 The paowa or truce 107 139. The usual sense of the term "paowa 7 ' 107 1 10. Another sense of the term "paowa" 107 Termination of controversies: peace-making 108 -M41. The liidit or religious aspects of peace-making 108 An inter-village law : 109 142. Neutrality 109 Appendices I. Ifugao reckoning of relationship 110 II. Connection of religion with procedure 110 III. Parricide 120 IV. Concubinage among the Kalingas 121 ( rlossary 122 Explanation of plates 130 Publications in Am. Arch, and Ethn. [Vol.15 PREFACE There is no law bo strong as custom. How much more universal, willing, and spontaneous is obedience to the customary law that a necktie shall be worn with a stiff collar than is obedience to the ordained law against expectoration on sidewalks; notwithstanding that the latt.T lias more basis in consideration of the public weal and even in aesthetics. This little paper shows how a people having no vestige of consti- tuted authority or government, and therefore living in literal anarchy, dwell in comparative pe; and security of life and property. This is owing to the fad of their homogeneity and to the fact that their law is based entirely on custom and taboo. The [fugaos are a tribe of barbarian head-hunters. Nevertheless, after living among them for a period of eight years, I am fully satisfied that never, even before our government was established over them, was the loss of life from violence of all descriptions nearly so great among them as it is among ourselves. I do not, however, wish to be under- stood as advocating their state of society as ideal, or as in any way affording more than a few suggestions possibly to our own law-makers. Given dentists and physicians, however, I doubt gravely if any society in existence could afford so much advantage in the way of happiness and true freedom as does that of the Ifugaos. Bui we must realize that probably neither security of the individual life nor even happiness are the chief ends of existence. The progress and evolution of our people are much more important in all prob- ability, and this seems to demand the sacrifice of ease and freedom and of much happiness on the part of the individuals composing our society. Acknowledgments are due first to my teacher and friend, Professor Frederick Starr, for his encouragement and assistance, and, above all, for his inculcation of respect for and tolerance toward customs other than our own. Captain Jeff I>. Gallman, whose work among the Ifugaos stands to the credit of our govemmenl of the Philippines second to that of no other man in the archipelago, assisted me in many ways. He is a man leaned in the " lore of men," •• Who ha ' deall with men I ii tic new and naked lands. " 1919] Barton: Ifugao Law 7 \)\\ David P. Barrows, now Major Barrows, also rendered me indispensable aid and encouragement. Dr. A. L. Kroeber of the chair of anthropology, University of California, and his associates, Dr. T. T. Waterman and Mr. E. \Y. Gifford, have read the manuscript ami proofs and have ma.lc valuable suggestions which are incorporated in the paper as tinally published. These gentlemen have been unstintedly generous in welcoming a newcomer in the field in which they are so preeminent. Dr. George W. Simonton has kindly assisted in preparing the manuscript Eor the printer. The photographs, with one exception, were taken by myself. San Pbancisco, California, January 14, 1918. 8 Univeri '..■ of California Publications in Am. Arch, and Ethn. [Vol.15 INTRODUCTION THE IFUGAOS Philippine ethnologists generally agree to the hypothesis that the/ Negritos, a race of little blacks, remnants of which now inhabit mountain regions of many of the larger islands, were t he origin al i nhabitants of the Philippine Archipelago . They advance the hy- pothesis that these little blacks were driven by Malay immigrants from their former homes in the fertile plains to the mountains: and that these first .Malay invaders were driven from the lowlands into the mountain regions by succeeding immigrations of Malays superior to them in organization and weapons. 1 By and by, no one cares to hazard how long afterward, the Spaniards came. They christianized the lowlanders, except the Mohammedan populations of Mindanao and Sulu. P.nt at the time of the American occupation the mountaineer descendants of the first immigration, for the most part, had not re- ceived the spiritual ministrations of Her Most Catholic Majesty's missionaries, on account of the inaccessible character of their habitat. True, garrisons and missions had been established in a few localities among them; but owing to the scattered character of the population^ the i ndependen t spirit of the people, their natural conservatism, and the lack of tad and consideration on the part of the Spanish officials and missionaries, practically no progress had been made in christian- izing or civilizing them. The great majority of the non-Mohammedan. non-Christian Malays inhabit the island of Luzon. The Luzon non-Christian tribes and their estimated numbers are: Apayaos, 16,000; Benguet Igorots, 25,000; Bontoc [gorots, .",0,000; Wild Gaddanes, 4000; Ifugaos, 120,000; Elongots, 6000; Kalingas, 60,000; Tingianes, 30.000; Lepanto Igorots, :',:,,()()(); total, nearly a quarter million. All these tribes in- habit the mountain ranges of the northern third of the island. The habitat of the [fugaos is situated in about the center of the area inhabited by the non-Christian tribes. In point of travel-time, " The present population of + 1 . * ■ Philippine [elands is about 10,000,000. Not- withstanding, there are vast stretches of unoccupied Lowlands. At the coming of the Spaniards the population of the tribes that now are christian has been estimated at 500,000, These second Malay Immigrants undoubtedly gained the principal part of their livelihood from agriculture, for which they aeeded little land. Why, then, is it hypothesized that any immigration drovt another to the mountains 1 My own belief is thai the first immigrants went to the mountains Of their own volition for the reason that they ha. I been a mountain people ami a terrace building people in their former h e. L919 1 Barton : Ifugao Law . '.) as we say in the Philippines, for one equipped with the usual amount of baggage, [fugao-land is aboul as far from Manila as New York from Constantinople. To the northeasl are the Wild Gaddan, to the north tlic Bontoc [gorot, to the oorthwest, west, and southwesl the Lepanto and Benguel [gorots; to the east, across the wide uninhabited river basin of the Cagayan, are the Elongots. This geographic isolation has tended to keep the [fugao culture relatively pure and uninfluenced by eontad with the outside world. Two or three military posts were fitfully maintained in Ifugao by the Spaniards during the Las1 half century of their sovereignity; but the lives of the natives were little affected thereby. Ifugao men weai' clouts and Ifugao women loin cloths, or short skii-ts, reaching from the waist to the knees. Wherever they go the men cany spears. Both sexes ornament their persons with gold orna- ments, beads, agates, mother of pearl, brass ornaments, and so forth. [fugao houses, while small, are substantially built, of excellent materials, and endure through many generations. / It may safely be said that the Ifugaos have constructed the most extensive and the most admirable terraces for rice culture to be found anywhere in the world. The Japanese terraces, which excite the admiration of tens of thousands of tourists every year, are not to be compared with them. On these steep mountains that rise from sea- level to heights of six to eight thousand feet — mountains as steep probably as any in the world — there have been carved out. with wooden spades and wooden crowbars, terraces that run like the crude but picturesque "stairsteps" of a race of giants, from the bases almost to the summits. Some of these terrace walls are fifty feet high. More than half are walled with stone. Water to flood these terraces is re- tained by a little rim of earth at the outer margin. The soil is turned in preparation for planting with a wooden spade. No mountain is too steep to be terraced, if it affords an unfailing supply of water for irri- gation. The I t'nirao, too, makes clearings on his mountains in which he plants sweet potatoes, and numerous less important vegetables. Without his knowing it, he bases his agriculture on scientific principles (to an extenl thai astounds the while man | and he tends his crops so skillfully and artistically that he probably has no peer as a mountain husbandman. Of political organization the Ifugao has nothing — not even a sug- gestion. Notwit hstanding, he has a well-developed system of laws. This absolute lack of political government has broughl it about that $ 10 ersity of California Publications in Am. Arch, and Ethn. [Vol.15 the It'ugao is a consummate diplomat. After an eight years' residence among them, I am convin 1 that the Ifngaos got along very well in the days before a foreign government was established among them. Through countless generations the Ifugao who has survived and pros- pered has hern ih te who has carried his point, indeed, but has carried it without involving himself in seriou s trouble with his fellows. The Ifugao's religion is a mixture of an exceedingly complex polytheism, ancestor worship, and a mythology that is used as an instrument of magic. His religion seems to be far more highly de- veloped than that of the other non-Christian tribes. Attempts made by Spain to colonize the Ifugao in the lowlands invariably met with failure. The Ifugao is a hillman, and loves his hills. He is of an independent nature and cannot stand confinement. A great many prisoners jailed by American officials have courted death rather than endure incarceration. While there are well defined tribal divisions that mark off the various mountain-Malay populations of northern Luzon, the cultures of all of the tribes are basically similar. Numerous parallelisms, too, are found with the lowland Filipinos, even now, in features of daily life, religion, taboo, law, and marital relation. The dialects of all the tribes inhabiting the islands are branches of the great family of Malay languages — languages spoken over more than half the circum- ference of the globe. The linguistic differences that exist between the mountain and the lowland tribes seem to be not much greater than the linguistic differences between the various mountain tribes them- selves. any things lead us to believe that the culture of the Ifugaos is very old. We have to do with a people who possess both as individuals and collectively a most remarkable memory. Ifugao rich men lend to considerable numbers of clients and others every year during the "hungry time" — to these, varying numbers of bundles of rice, to this one ;i skein of yarn, to that one a pig, and to another again a chicken. All these bargains and their amounts and their varying terms, our wealthy Ifugao remembers, unaided by any system of writing or other artificial means. Many Ifugaos know their ancestors back to the tenth or even the t'onrt rent h generation, and, in addition, the brothers and sisters of these ancestors. If Ave consider the racial or tribal memory of these people] we tind a mythology fully as voluminous as that of the (i recks, lint the Ifugaos have no recollections of having ever migrated. Unless they have lived for many centuries in their L919] Barton : Tfugao Law 1 1 present habitat, it seems certain that they would have retained at least in mythical form the memory of their migration. Another consideration thai is significant lies in a comparison of the rate of rice-field building in these peaceful times, when such work is not hindered hut instead vigorously stimulated by the government, with the amount of such work accomplished by past generations. One who stands on some jutting spur of the mountain-side in Asin. Sapao, or Benaue can scarcely help being impressed with the feeling that he is looking upon a work of tens of centuries. Any calculation must be based on vague and hazardous figures of course, but, without having any theories to prove, and making due allowance for increased rate of building during peaceful times and for the pressure of the needs of increased population, from a comparison of the estimated area of voluntary rice-field building with the areas already constructed, I come to the conclusion that the Ifugaos must have lived in their present habitat for at least two thousand years, and I believe that these figures are too small. SOURCES OF IFUGAO LAW AND ITS PRESENT STATUS OF DEVELOPMENT The Tfngflos have tip form of writings there is. consequently, n o written law- They hav e no form of political government: there is , therefore., no constitutional or statuto ry law. Inasmuch as they have no courts or judges, there is no law basecfon judicial decisions . Ifugao law has two sources of origin : taboo ("which is essentiall y religiou s) and custom . T he customary law is the more important from ' t he greater frequency of its application . 1. Relation of taboo to law. — The Ifugao word for taboo is pamyu. The root, which appears under the varying forms iyu, iho, iyao, and ihuo, means in general "evil" or "bad." The prefix pan denotes instrumentality or manner. The word paniyu means both by deri- vation and in use, "bad way of doing," or "evil way." By far the greater Dumber of taboos have their origin in magic. A very large number of them concern the individual, or those closely related to him by blood ties, and for this reason have no place in a discussion of law. Thus a pregnant woman may not wear a string of heads, since the beads form a closed circle and so have a magic tendency to close her body and cause difficult childbirth. This, however, is not a matter that concerns anybody else, and so could be of no interest 12 University of California Publications m Am. Arch, and Etlin. [Vol.15 at law. It is taboo for brothers to defecate near each other, but only they arc harmed thereby, and the matter is consequently not of legal interest. The breaking of a taboo that concerns the person or possessions of an indiv idual of another family is a crime. The following instances will illustrated ' Jn nearly all districts 2 of Ifugao it is taboo for persons of other districts? to pass through a rice field when it is being harvested. It is also taboo for for- eigners to enter a village when that village is observing its ceremonial idleness, tungul, at the close of harvest time. One who broke this taboo would be subject to fine. In case it were believed that the fine could not be collected, he would be in danger of the lance. It is taboo to blackguard, to use certain language, and to do certain things in the presence of one's own kin of the opposite sex that are of the degrees of kinship within which marriage is forbidden or in the presence of another and such kindred of his, or to make any except the most delicately concealed references to matters connected with sex, sexual intercourse, and reproduction. Even these delicately concealed references are permissible only in cases of real necessity. The breaking of this taboo is a serious offense. One who broke the taboo in the presence of his own female kin would not be punished except in so far as the contempt of his fellows is a punishment. In Kiangan, before the establishment of" foreig n ^uve TrTmenT, breaking the taboo in the presence of another and his female kin of the forbidden degrees is said to have been some- times punished by the lance (see sec. 123). It is taboo for one who knows of a man's death to ask a relative of the dead man if the man is dead. The breaking of this taboo is punishable by fine. I f ask ed, Ifugaos say that it is taboo to stgal; to burn or destro y t he property of another; to insult, or rum the pood name of another ; to causi Lthe deaf h or injury of another by sorcery or witchcraft ; in short, to commit any of th ose acts which among most peoples constitute a crimc_. The word taboo as understood among ourselves, and as most oft en used among the Ifugaos, denotes a t hing rather atfnt rttril >/ forbid den. I t seems likely that moral laws — from which most criminal laws a re an outgrowth — originate thus: the social conscience, learning that som e act ia antisocial, prohibits it (often in conjunction with religion) or s ome feature of it, or some '< mbUnirr of it, arbitrarily, harshly, an d sometimes unreasonably. Thus the first taboo set forth above lias the semblance of being aimed against interruption in the business or serious occupation of another, or against bis worship. The mere passing near a rice held when it is being harvested or the mere entrance into a village during the period of ceremonial idleness are - I use the word "district" to denote tlie inhabitants of one of the many smaller culture sections into which the habital of the [fugaos is divided. L919] Barton : Ifugao Law 13 arbitrarily seized upon as acts constituting such interruptions. The second taboo arose from the purpose of the social consciousness i<> prevenl marriage or sexual intercourse between near kin. 8 It is mosl sweeping and unreasonable in its prohibitions. A third person may make no remark in the presence of kin of the opposite Sex as to the fit of the girl's clothing; as to her beauty; nor may he refer to her lover, nor play the Lover's harp. Many ordinary things must be called by other than their Ordinary names. Even the aged priests who officiate at a birth feast must refer in their prayers to the foetus about to be born as "the friend*' and to the placenta as "his blanket." A great number of things are forbidden in the presence of kindred of opposite sex that would not shock even the most prudish of our own people. The third taboo seems to be aimed against the bandying or the taking in vain of the name of the dead. It would seem that a primitive society, once it has decided a thing to be wrong, swings like a pendulum to the very opposite extreme, adds taboo upon taboo, and hedges with taboo most illogically. With the ardor of the neophyte, it goes to the other limit, becoming squeam- ish in the extreme of all that can in the remotest conception be con- nected with the forbidden thing. 4 Ultimately reason and logic tend to triumph and eliminate the illogical, imperth* nt and immaterial taboos, remove the prohibitions contained in the useful taboos from their pedestal of magic, and set t hem upon a firmer base of intelligence, or at least practical empiricism. A small part of Ifugao law consists even yet of taboos that a 1 ■ e arbitrary and, except in essence, unreasonable. But the greater^ p art has advanced far beyond this stage and is on a firm and rea sonable basis of justice. . " Much of it originated frflmlabqo — e ven yet the taboos are remembered and frequently applied to acts that c onstitute crimes among ourselves — but the immaterial and arbitrary taboos have been eliminated. Although the Ifu gaos say that adultery and theft and arson an- tabooed, nevertheless their attitude of mind is not the sam e as that toward things that are »xrj tabooed . I tMs the attitude qf 3 The possibility that these sex taboos are survivals of a former dan system in which exogamy was the rule does Qot in the least invalidate this statement. 1 Taboo is for the most part undoubtedly derived from magic, [ndeed, there are not wanting those who hold that all taboo has its origin in magi''. While doubting it' so sweeping an assertion as this can be true, especially when we consider that even in its most primitive phases human life is exc lingly com- plex and intricate, 1 invite attention to the fact thai magic is Buch an all- embracing thing in primitive society, and is bo closely connected with matters of morality ami public policy, that there is nothing in this paragraph that can offend even those who hold that the field of taboo is one wholly of magic prohibitions. 14 l ' rsity of California Publications in Am. Arch, and Ethn. [Vol.15 ti n- human mind toward things that are prohibited by law and by c onscienc e. ' 2. S±-t,p< of customary law . — Thp customary la w embraces that _ which pertains to property, inheritance, water rights, and to a gre at extent, family law""an] Barton : Ifugao Law L5 .1 corollary of tin abovt principle. Since Legal procedure is be- tween families, and never between individuals, • between a family and an individual, crnnosjrMn-other or sister a gainst brother j )r sister go unpunished. The family of the two individuals is identical. A fa mily cannot proceed agaiitst^JtscJl. But in the ease of incest be- tween a father and a daughter the father mighl he punished by the girl's mother's family on the ground that he had committed a crime against a member of that family. It is true that just as great an injury would have been committed against the family of the father, since the relationship of the daughter to that family is the same as to her mother's family. But the father, the perpetrator of the crime, being a nearer relative of his own family than his daughter, his family certainly would not take active steps against him. Were the crime a less disgraceful one, the father's kin would probably contest his penalty. T he family j niitji must at all hazards be preserve d. Clemency is shown the remoter kin in order to secure their loyalty to the family group. A large unified family group is in the ideal position of being "strong to demand and strong to resist demands." The family is the only thing of the nature of an organization that the Ifugao has, and he cherishes it accordingly. Collectivi recipiency of punishment. Just as the family group is collectively responsible for the delinquencies of its members, but in less degree than the delinquent himself, so may 'punishment be meted out to individuals of the group other than the actual culprit, although naturally it is preferred to punish the actual culprit; and so may del its or indemnities be collected from them. But only those indi- viduals that are of the nearest degree of kinship may be held respon- sible ; cousins may not legally be punished if there be brothers or sisters. Ifugao law isvej2[_££^£^^JJi-- ^ s cka m£tcj\ For the different classes of society there are in the Mampolia-Kababuyan area rive grades of fines in punishment of a given crime, four in the Hapao-Hunduan area, and three in the Kiangan area. Might is right to a very great extent in the administration o f j u st ice. For a given crime, one family, on account of superior wa r footing, or superior diplomacy, or on account of being better bluffer s, will he able to exact much more severe penalties than another . Espe- cially is Ifugao administration of justice likely to be unfair when persons of different classes are parties to a controversy. I doubt \^\-y 16 University of California Publications in Am. Arch, and Ethn. [Vol.15 much, however, whether this characteristic of Ifugao administration of justice be more pronounced than it is in our own. 5. Stage of development of Ifugao la u\— Reasons have already been given for believing the Ifugao's culture to be very old. His legal System must also be old. Yet it is in the first stage of the development of law. It is, however, an example of a very well developed first-stage legal system.' It ranks fairly with Hebrew law, or even with the Mohammedan law of a century ago. R. R. Cherry in his lectures on the Growth of Criminal Law in Ancient Communities demonstrates these stages of legal development: F irst, a stage of simple ret ali- a tion— "an "ye f"i- «n 'T° » tnnth for R tooth ' a life for a li ^ e - Second, a stage in wb Hi ypnypan^P may ho. bought off "either by the i ndividual who has inflicted the injury or by his tribe/ ' T hird, a stage in which the tribe or its chiefs or elders intervene to fix penal ty- payments and to pronounce sentence of outlawry on those who refu se to pay proper fines . F ourth, a stage in which offenses come to b e c learly recognized as crimes against the peace and welfare of the kin g o r the stat e- No Ifugao would dream of taking a payment for the del iberate or intentional murder of a kinsman. Hewould be universa lly con- d emn ed if he did. so. However, he would usually accept a payment for an accidental taking of life. There is still, however, an e lement of doubt as to whether even in such a case payment would be accepted. For nearly all other offenses payments are accepted in exrenuailon. I fugao law, then, may be said to be in the latter part of the first stag e of li'gal di'vplnpinpnt. 1919 1 Hiuti'ii : Ifugao Lata THE FAMILY LAW M A B KM AGE 6. Polygamy. — T he extent to which personality affects what an [fugao may or may not do without being considered an offender is. i llustrated in the matter of polygamy. A ny Ifugao, except one of t he most powerful, who might, try to take _a plural wife w ould only bring u pon himself heavy punishment^ — punishment that would- be a dministered by the kin of the first wife. But men who are very wealthy and who are also gifted with a considerable amount of force of character sometimes take a second or even a third wife, and compel the kin of the first wife to recognize her and Her cinidren. In other words, they make polygamy legal for themselves. The first wife is of higher class than succeeding wives. Her children have inheritance rights to all the property their father had at the time of the taking of the plural wife. The following is a typical instance of the taking of a plural wife: Guade of Maggok, an extremely wealthy man, after marrying and having a number of children by his first wife, began habitually to have illicit intercourse with another woman. The kin of the first wife demanded a heavy indemnity. Such was their bungoi (ferocity) that they succeeded in making Guade think that he was in imminent peril of losing his life, and in collecting double the amount usual in such cases. But having paid the fine, Guade rallied to his support all his kin and kept up the relations with the woman, taking her as a second wife. Nor did the kin of the first wife attempt to prohibit this, well knowing that they had gone far enough. The second wife is recognized, and her children are recognized, as legitimate. Guade informed me recently that he was thinking seriously of taking a third. Guade is admired and envied by every one in the community apparently; whereas a man of less force would be condemned by public opinion. When a_plu i-al wife is_ t«k P n a hpavv payment must hp made thft. first wif e and her kin. This may amount to about 500 pesos. 7. Xa-tun of marriage— Marriage amonfr the, Tfno-aos is a civil contract of undefine d jhpn+inn j| m«y last a month, a year, a decade. or until__the death of one of the parties to it. It has no rsscntig], condition with the tribal religion. True, at almost every step in its consummation the family ancestral spirits and the other deities are besought to bless the union in a material way in the matter of children and wealth and by .giving the two parties long life. But this is a matter of self interest, and not of hallowing or consecrating the union. Should the omens be bad, the two people do no1 marry because they 18 University of California Publications to Am. Arch, and Ethn. [Vol.15 are afraid that in the shape of sickness or death or childlessness, ill fortune may overtake them if they do so. And even_after the mar- rh^jinqj^en fw"y- "otisi"""™*" 1 should it. happen Ihat-aLany one of three certainf easts perf orm ed bv the parents of t he_couple during " thTyea rfareonnect ion with their ricec rop. the omen_ of_the_bile sac 40 ahQuld^promjsejl l the marriage is disso lved^ N o promises are ma de h v the r-q ntrirt — rr p«"-^"" +» »™^ ^Vi..r nr to an ybody else. Nor do t he contracting parties take any part in any religious ceremon ials or in any marriage ceremonials of any kind . Marriage may be termi- nntl'il Ti + ""T timr hj +-" 1 "r"°"""1n, T * ut that marriage is co n- sidered a contract is sho wn bv the fact that if either party terminates t he marriage against the will of the other the injured party has th e r ight to assess and collect damages. T Iip theory that marriage should be permanent in order to provi de t ha better for the train ing and rearing of children has no legal em- bodiment." It is, however, established by custom that in case of divorce a property settlement according to the wealth of the family must be made on the children. 8. Eligibility to niarriagc.—AAiy_^evson_of_a r \ y a , ge may marry . T bp consent of the parents is not necessary. But th ere is_^fcaboo o njhe marriag e_oJ_cojisjnajat hin the third d figra?. This taboo may be rendered inoperative, except in the case of full cousins, by an exchange of animals ranging from two pigs in the case of the nearer relationships to one small pig or a chicken in the case of the remoter. The girl's kin in all cases receive the more valuable animals in this exchange. But the marriage of first cousins is absolutely tabooed and never occurs. It is said thai children are sometimes coerced into marriage against their will; but I have heard of only one case in which physical force was used, and even in this case the attempt ended in failure. <). Tin two w(nis_J ji which marriaa _r_m(i tj be brought a bout — TJi nse children that will inhe r it a great (leal of pro perty are mar ried w When the [fugao sacrifices a chicken or pig, he always consults the omen of the bile sac. A Cull diBtended bile sac normally placed is a good omen. An emptj one, or one abnormally placed is a bad omen. Needless to say, most omens are good. s There is a feeling on the pari of the social consciousness that marriages oughl to be permanenl thai it is Letter when such is the case, [nasmuch, however, as all the uncles and aunts consider themselves, ami, in the scheme of the reckoning of [fugao relationships are considered, in loco parentis with respect to their nephews and nieces, and almost equally hound with the parents them- selves to imparl instruction and give training, the removal of one parent is of little detriment to the mental and moral phase of the rearing of children. 1919] Barton: Ifugao Lou- L9 usu ally, but by no means always, by a co ntract 9 marriage ; those who will inherit no property, or but a small amount, and those who, mar- ried by the preceding method, have lost their spouses, or who on reaching a maturer age, do not find themselves compatible with their spouses, and consequently remarry, are married by a trial marriage. However, it should be said that even a contract marriage is a trial marriage to a great degree. In fact, one inclined to be prudent in his speech would never pronounce an Ifugao marriage a permanent our until the death of one of the parties to it. The trial marriage is merely a primitive sexual mating in the dormitories of the unmarried. It might be called a courtship, it being understood that, except in its very incipiency, Ifugao courtship postu- lates an accompaniment of sexual intercourse. It is very reprehen- sible, but not punishable, for a girl to enter into two such unions contemporaneously. The moral code is hardly so strict with respect to the male. In case the two individuals are satisfied with each other, that is, in case they find themselves compatible, and nearly .a lways in ease thpj nj-1 becomes pregnant and the youth has no reason for misgivings fls jo tbP parentag e of the child, the youth, after consultation with. his-pageBts-- £ends a distant relative or friend, ivho is not related to the c[irl, w ith betels for a ceremonial conference jn which the handjvf_ the .girl is as ked in marriage. Generally it requires two or more trial marriages to select for a person his more permanent mate. 10. Contract marriage. — The contr act marriage is usually arrang ed for, and its first ceremonies at least performed while the fhiHv™ a™ quite small. Its purpose is to guard against the commission of su ch a follv on the,parl_" f tlu> r-hil tL^dia will h e-werrlihy- as-4aam age_to_a less wealthy spouse The danger is that such a child, sleeping in the common dormitory, will give way to the ardor of youth and tempor- arily mate with one below him in station, and that the union so begun prove permanent. As a rule the couple ma jxied by a contract marriage while yet, children are elevated by the uiiauwe fr »RRt tr> t]lp ^atoprorv of tlm liadan quanff ("up per class). The uyauwi feast is not an essential part of the marriage ceremonials, but is an addition to them. The following is the history of a typical marriage of this kind : « I prefer using the term contract marriage to using antenuptial agreement. The hitter is an occidental institution of which the reader has a definite notion. The contract marriage is different in motive and nature. 20 / veraity of California Publications in Am. Arch, and Ethn. [Vol. 15 Dulinayan of Ambabag, when his son was about two years old, sent a go- between to Likyayu, also of Ambabag, whose daughter was somewhat younger than Dulinayan 'a Bon, with betels for a ceremonial conference looking toward a marriage hetween the two children. Ee Btated that he would contract to give his son his fields at Takadang, and wished to know what holds Likyayu would give his daughter. The go-between returned, stating that Likyayu 's people did not consider Dulinayan 's fields at Takadang seriously, and asked that he assign the boy his fields at Banggo and Dayukong in order that they might consider the union of their daughter with his son. The go-between stated that Likyayu was considering bestowing on his daughter his field at Takadang. Dulinayan returned the go-between to state that he did not take as being very serious Likyayu 's statement that he intended to give Lis daughter only the field at Takadang. He made the proposal that Likyayu add to the field at Takadang the one at Danok, and stated that if Likyayu would do so he would give Ins son the fields at Banggo and Dayukong, as Likyayu suggested. Likyayu accepted this proposal. After two or three more conferences, it was agreed that Dulinayan was to assign his son the following movable- family property: 1 rice-wine jar, 1 gansa, 1 gold ornament. Likyayu was to assign his daughter 1 rice-wine jar, 1 gold ornament, and 1 pango (string of ancient beads). Besides the above, Likyayu would give, at the proper time, a house for the young couple. Each of the two men would present his child a granary. The above agreement made, Dulinayan sent a pig called tokop di mommon and a pig called imbango. These pigs were sacrificed by Likyayu and his kin. The omens of the bile sacs promised well. Likyayu returned 1 natawvinan (4 spears), as the mangdad of the inibango. About three years elapsed before anything further was done toward the completion of the marriage. During this period Dulinayan on behalf of his son furnished Likyayu 's household with what firewood was needed and kept his granaries in repair. Whenever his son's betrothed fell ill, or whenever her parents or grandparents fell ill, Dulinayan furnished a pig for sacrifice. And whenever Dulinayan 's son or his son's parents or grandparents fell ill Likyayu furnished a pig. Likewise when one of the direct ascendants of either of the young couple died the other family furnished a pig for the funeral and a death blanket as one of the burial robes. h, the vear 1 ill 2— that is, three years after the contract was made — Dulinayan 8en i a m an to propose an innunn. Larh family performed a granary feast to determine whether the time was propitious. The omens being good, each family ll(>t ili,.,| the other of the fact. Dulinayan then sent a large pig as the hingot. Likyayu \s people returned a small pig as hulul d, hingot. Then Dulinayan fur- nished a large pig for the bahiin. and the two families met for the first time during the period of the negotiations and sacrificed and prayed together. A. shorl tune afterward the children were made kadang gang by the giving ,,,- ai , uyauwe feast. At this feast Dulinayan gave hakba (marriage presents) to Likyayu and his kin. n a contract : marriage there js ^ahm ys m i fiftsi p mnn'iit , to t he chil dren of the property that the y__\yill inherit. The .a m ou n t pj pro perly settled npo n_eit her of them is ecm aLflr. very nearly equ a l tn . that settled nn the other. . Nor may the parent of one of the children sell any of this properly except for the purpose of providing animals L919] Barton: Ifugao Law 21 for sacrifice in case of the illness or death of the child <>r one <>f his direcl ascendants, or in case of the illness or death of the child's betrothed, or one of his direcl ascendants (see see. 13). 11. Marriagi ceremonials. — The following are the steps taken to consummate a typical marriage in the Kiangan-Maggok area: I a The hoy's kin sc ii'l 1hp fT' 1 ' 1 ^ kl" M P'ff — This rti^ is saeHfieed by the ^irl 's kin. The omen _of tho hil» sue is ^m^ultpd — The p ig is -ii;iti' ii. This feast is called mommon . (b) ^he_JTOvJsJdn _ send another pig to the girl's kin. The girl's kiii_ sacrifice this pig. The omen of the bile sac, is consulted. This feast is called imbango . A non-essential part of the ceremonials, but an important matter in some contingencies, is the return by the girl's kin of a gift to the boy's kin in exchange of the pig sent for this feast. This return gifl is called man (/dad. Its effect is to nullify any right on the part of the boy's kin to demand a repayment of the pig sent for this cere- mony in ease the marriage should for any reason whatever fail to be effected. Even though the failure to complete or effect the marriage be the girl's fault, if the mangdad has been sent, the boy's kin have no right to ask a return of the imbango. The return gift is of much less value than that made by the boy's parents. (c) The boy 's kin send the girl ' s kin a pig, which pig is sacrificed bv _the girl's kin. The omen of the bile sa c J s nonsuited . This feast is called hingot. A non-essential part of the ceremonials, but one important in the same way as in the preceding ceremony, is the return by the girl's kin of a small pig, called the hulul di hingot (exchange of the hingot). (d) 3^ieJdiL _of both the contracting principals meet at the girl's house and sacrifice a lm-go pig furnished bv the bov's kin This feast is called bubun, and has for its especial purpose to obtain from the gods of animal fertility long life, health, and many children for the young couple. I t_ is attended by a giving of gifts _b v the kin of the boy to the kin of the girl, except that in the case of a contract marriage between Jcadangyang (the upper class) the giving of these gifts is often deferred till the uyauwe ceremony, which, while not part of the marriage ceremonials, often follows immediately after them. The programme of marriage ceremonials among the northern [fugao is somewhat different. (a) Same as («) above. This ceremonial is omitted except in marriages between the wealthy. University of California Publications in Am. Arch, and Ethn. [Vol.15 (b) The boy's kin sacrifice a pig at his home, sending half of it, if the omen of the bile sac promises well, to the kin of the girl in a back basket, called bango, whence originates the term imbango, mean- ing "carried in a ban go." (c) The boy's kin take a pig to the girl's home. The girl's kin furnish another and smaller pig. Both families participate in a religious feast. This feast is called tanig, and seems to include both the buhim and the hingot of the Kiangan people. (d) Ceremonial idleness for the boy and the girl is required during ;i period <>r five days. On the third day the couple go to one of their fields, it being taboo for either of them to stumble on the way. The trip is in one respect somewhat like the time-honored cutting of the cakes in one of our own marriage feasts to secure a prognostication as to which of the two spouses will die first. Stumbling on the part of one of the couple, however, would indicate that that one would die not only first but soon, and would probably lead to a refusal on his or her pari to go ahead with the marriage. 7 Arrived at the field, the gi rl weeds a part of it, and the boy gathers some wood from a near-by forest. Then they go home, the boy carrying the bundle of wood. In case a bad omen of the bile sac is encountered in any of these ceremonies, the marriage is not proceeded with, since the belief is that misfortune would surely attend it. In the case of the poor, some of the above ceremonies may be omitted; or chickens or smaller pigs may be substituted for any or all the pigs. The above programme is simply that which is to be followed out if the groom be financially able to do the "right thine." In case the spouses are related, two pigs — a male and a female — are sacrificed, and the ceremony called ponga is performed. The larger pig is furnished by the hoy. The nearer the kinship the larger the pigs necessary for this ceremony. At n<> lime are any \<>ws or promises made by the principals. At mi time, except in the fourth ceremony among the Northern Ifugao, do the principals have any active part in the ceremonies. Indeed, they may not eat the meat of the pigs or chickens killed at their own wedding, for it is taboo to them. 12. n- tract. — First. The initial ceremony, the mommon, puts upon the principals in a marriage contract the obligation to abstain from sexual relations with any other persons. Sexual intercourse with any other pci son constitutes the crime of adultery. The degree of guilt for lapses in this respect depends on the progress that has been made toward the completion of the marriage, the culpability growing pro- gressively with the performance of each succeeding marriage cere- monial. Second. The obligation rests on the boy and his kin to furnish the immediate family of the girl with firewood from the time at which the first ceremony is performed until the young couple separate to live in a house by themselves. Third. For the same period of time as that embraced in the pre- ceding paragraph, the obligation rests on the boy and his kin to keep the granaries of the family of the girl in repair, and to reroof them whenever needful. Fourth. Each family helps the other in all that pertains to rice culture throughout the first year following the bubun ceremony. Each family furnishes the other with the pig necessary for the sacrifice at each of the three important rice-culture feasts: the kulpe (growth feast), the kolating (harvest feast), and the tuldag (granary feast). Fifth. From the time at which the first ceremony is performed until the dissolution of the marriage, it is the duty of either spouse to furnish a pig to the other in the event of the sickness of the other or of any of his or her lineal ascendants. Sixth. For the same period as that embraced in the preceding paragraph h is the duty of either spouse to furnish the other in the event of the death of any of the lineal ascendants of the other, a pig and a death blanket. If the spouses he too young to attend to any of their respective obligations to each other or to the families concerned, it is the duty of their parents to attend to the discharge of the obligations. The non-fulfilment or the Qon-discharge of any of the above obli- gations is sufficient cause for a demand for a divorce on the pari of the injured spouse. The [fugao does not Consider it to he the duty of any person to leave his father and mother and cling to his wife 1919] Barton : Ifugao Law 25 or husband. Rather docs he consider the opposite to be the duty. A good many marriages are undone between children because of the Qon-fulfilmen1 of one of these obligations on the part of one of the families involved, h matters not thai the spouse be so young as to be of necessity innocent. The husband has a righl to have sexual intercourse with his wife. If she does not accede to his desires, he has the right to force her if h, can, but he must not strike or injure her in his attempt. If lie cannol force her, he may demand a divorce. Ordinarily no man can have sexual intercourse with an Ifugao woman possessed of her reason and of normal strength, against that woman's will. Bugan of Baay, a very pretty girl, was married by her parents against her will to Pingkihan of Baay. a very rich but. unfortunately, a darkish and very ugly man. The marriage proceeded as far as the hingot, when it was thought wise by Pingkihan and the part of justice by the kin of the girl that the girl give her body before the proceeding went further. Pingkihan made many futile attempts to attain this purpose, but all in vain. Finally he de- spaired. The girl 'a father, however, told him to come to his house one night. Pingkihan did so. An uncle of the girl caught her, and held her. Pingkihan tried in vain to have sexual intercourse with her. The girl's resistance made the thing impossible. The marriage ceremonies were carried no further. It cannot be too strongly emphasized that hush?*!'"! flnrl " T i fp n™ m ver united into one famihi^J Thci/ are mere hjjilE£ &~ The ties that . * HnTTeach t o his own f amilyare mu ch_st ronger than the ties that bind them together. An Ifugao explained this to me by putting his hands parallel, the forefingers together. The forefingers represent the two spouses ; the hands the two families. Should .the two families separate, should they withdraw from amity and agreement, the two spouses, the forefingers, of necessity withdraw, because they are attached to different hands. Each succeeding feast in the consummation of the marriage carries with it ,111 added degree of obligation and of alliance; and an added degree of culpability in cases of failure to comply with the marital obligations and in cases of crimes against the marriage. 14. 77,. binawit reform.— Oftentimes, when the spouses are ehil- dren and live in different villages, as soon as 1hey are of sullieient age to havelsome" feeling for each other— at ten or more years, for instance— one of them goes to the house of the other. Usually the two espoused children live for a time at the house of the parents of the one, and then for a time at the house of the parents of the other. 26 l trsity of California Publications in Am. Arch, and Ethn. [Vol. 15 A child living thus at the house of his parents-in-law is called binawit. This matter is purely optional with the children, and is a matter of convenience to them. The father of the girl has, however, a mean advantage, which he sometimes, though rarely, uses. If, for example, his son-in-law be a good worker, he counsels his daughter not to go to the house of her father-in-law, in order that she may hold her husband in his house to the end that the family profit by his labor. And even though the couple may have arrived at the age of separating from their elders ami living in a house to themselves, the father of the girl refuses to give her her rice fields, putting the boy off from season to season with "Wait till next harvest" or "Wait till next spading time." It is true that the boy has in such conduct on the part of his father-in-law sufficient cause to justify him in divorcing the girl ; but if he divorces her, he loses all that he has spent for sacrifices and kakba gifts! 15. Prop* rty rights acquired bij >ntirri Amo: 4 irons 1.00 Paduldul, I pig 5.00 Total 1*13.15 'I'... mi explanation of the [fugao's method of making payments and of reckoning ones and Indemnities, see sec. 75. li»lii| Juti-ton: if Hi/, u> Law 29 h is considered as insult to the deceased and his kin for a widowed person to remarry within a year from the death of his spouse. In such an event, a Larger gibu is demanded by the kin of the dead spouse. Should the spouses have bad no children, double the amounl usual is demanded as the datok. If the widowed remarries without having first formally notified the kin of his dead spouse of his intention, or if he scandalously lias sexual intercourse, he commits adultery according to Ifugao law, and must pay the gibu luktap (see sec. 75, 94). As a matter of fact, I do not believe that this law is often enforced. The Ifugaos say that it was nearly always enforced before the establishment of foreign government. If the widowed he a woman, both she and the man with whom she contracts a second marriage are responsible for the gibu payment. The payment as a matter of practice is always made by the man who marries her; hut it is said that, should her second husband for any reason fail to pay. the widow would be held for the payment. In the event of the birth of a bastard child to a surviving spouse, the gibu must be paid. The following is an instance of the non-payment of this indemnity, and the sri\ orcer Eudhud 1 >i\ orcer None None Eudhud (not Divorcer always paid) Huilltmt None Divorcer II a, I Imd (also see sec. 21) Eudhud Usually none II ihlhihl None Divorcer Divorcer Divorcer 20. Cases win rt divorce other. may In d( manded by one porta or tin < ":i if-.- 1. Desertion of lawful spouse and cohabitation with another; divorce already a fait accompli 2. Incompatibility; continuous quarreling 3. A change of affection or a desire not to proc I with or complete the marriage; [f there be children, all the property or aearly all must be settled on them 4. Adultery Pine Gibu of hoTcwit (sec sec. 94) // mill ml Eudhud Gibu of I'd. tnii (see sec. 9 I ) Paid to Injured party The divorced The divorced The injured 32 University of California Publications in Am. Arch, and Ethn. [Vol.15 21. The hudhud, or payment for mental anguish.— This is the fine or Indemnity assessed in cases of divorce at the instance of one of the parties, when uncomplicated by improper sexual relations, on the ground of mental anguish, hakit di nemnem, literally, "hurt of the mind." In general it may be said to be assessed against that spouse who has made necessary the dissolution of the marriage, whether or not he be the one who takes the initiative in effecting the divorce. Should the divorce be effected on account of sexual crime of one of the spouses, the greater tin injury the more seventy tin crime is pun- ished. The hudhud is a small fine, but its payment is said effectually to banish the mental anguish. The dignity and self-importance of the Malay are of unusual proportions in comparison with his other feelings and emotions. In Kiangan district there are three grades of the hudhud: one for the kadangyang or wealthy; one for the tumult or middle class ; and one for nawatat or poor. The following are the usual amounts of the indemnity: The Hudhud Indemnitv For the Wealthy 1 r s to the house of a rich man ami asks to he taken as a member of the family on such a basis; hut as a rule servants are children when firsl taken. Oftentimes a high degree of affection is felt for a faithful member of the family of this 11 The [fugao reckons kinship by generations. Those of ;i contemporaneous generation are tulang, l>r<>thers and sisters, children of the preceding generation ef l. hid. I relatives, grandchildren of the generation of ascendants twice removed, fathers <>t' tin- succeeding generation, and bo on (see appendix 1). L919] Barton : Ifugao Law 35 class, ami it' a child he is treated as a son or daughter. Sometimes a rice Held is assigned to iiim, and li<' inherits as though lie were the youngesl son or daughter. 26. shirrs. — Before the American occupation, except in those few parts of the hahitat that were prosperous and in which Hie obtaining of the daily ration was not a serious problem, the selling by parents who found themselves poverty stricken of one of their children was not at all uncommon. The price that a child broughl his parents varied from live pigs to live carabaos. There was no difference in value between a male and a female child. A slave was most valuable at the age of eighteen or twenty. Some men were slave dealers, and .•aiiied .ureal numbers of children to Nueva Vizcaya and Isabela. In those parts a slave was worth from five to twenty carabaos. Among the [fugao a slave was absolutely the property of his owner. The latter had power of life and death over him. Even if the master killed the slave it was not considered that the slave's family would be justified in avenging the death, lint a slave's children, even though they be the children by another slave parent, were free. Frequently one of them was assigned to take the place of the father ami another of the mother, and these two then became free. In the lowlands, however, the children of slaves were slaves, which accounts partly fur the higher prices paid for slaves in those parts. It would be interesting to know whether the lowland (Christian) Filipino held children of slaves as slaves before his civilization and christianization by the Spaniard, or whether his practice then was that of bis Ifugao brethren. The purchase of a slave was celebrated by a very pretentious series .»f religious ceremonials. Oftentimes, with the Ifugao, a slave was set U-rv, at or before the death of his master, and was given a rice field. Unless set free be was inherited by the master's heirs as any other property. Sometimes a slave child was adopted by a childless couple as their own son or daughter. The following "Pocahontas" story is told of a slave who lived at his master's house in Anao. The master treated him ill, and the slave, a young man, ran away. lie went to the enemy village of Aliniit. The men of that town were going to kill him, hearing his Anao accent, and believing him to he one of their hereditary enemies. Bu1 a hand- some girl, the daughter of a rich man, protected him with her own body and begged for his life. She afterward married him and bought his freedom. There was no actual necessity for her buying his free- 36 University of California Publication* in Am. Arch, and Ethn. [Vol. 15 dom, sine., the last thiug in the world the Anao master could have accomplished would have been the recovery of his property. She bought his freedom, however, in order that the children of herself and her husband mighl never be called the "offspring of a slave." Mention should be made, also, of those who voluntarily entered into slavery as a means of paying a debt. The word "voluntarily" in this connection needs explanation, however. A man was usually frightened into entering into servitude by the probability that if he did noi he would be killed. In parts of Ifugao, tin killing of women or children in feuds was a disgraceful thing, and rarely, it ever, practiced. Instead they were mad.' prisoners and sold for debt. Sometimes, too, women or children weir carried oil' and held for debt. This form of collection of debts was legal, or at hast semi-legal. In case the debt was paid, the captive was returned ; otherwise, he was sold as a slave. ILLEGITIMATE CHILDRKX 27. />< // nition of illegitimacy; its frequency. — A bastard is one whose father refuses to take the mother as his legal wife for any period of time, however short. The marriage of the parents after the birth of the bastard, consequently, legitimizes the child. Bastardy is not very frequent. It is extremely frequent, however. for a girl to become pregnant before her marriage. But in such cases her Lover usually marries her. It is usually in cases of doubtful parentage and in cases in which one of the parents is of vastly different status as to wealth that a marriage does not follow pregnancy. Hut there are also a few cases of bastardy surrounded by other circumstances. 28. Obligations of father I" bastard child. — The father of a bas- tard must give Ids child a rice field if he has a field unassigned. He must also give the mother an oban, or blanket, with which to carry the child after the [fugao fashion on her back. The value of this gifl is principally in its constituting a formal recognition of the child. The mother's rights are enforced by her kin. To a certain extent the same is true of the bast.-n-d's rights. A man is never forced to marry a woman againsl his will— an I fugao" woman would be ashamed 1<> ask such a thing. Such n marriage, too, would not be congenial. The mere making of a bastard a legitimate child is not of sufficient importance t<> justify such a marriage. Besides, the Efugaos have a Baying, kumadangyang
  • ilpr£ hi — The selling of rice fields, forest Lands, gold neck-ornaments, riee-wine jars, and the like is a matter of prac- tical concern to the entire family. Selling them , except in cases of necessity and after consultation with the kin, would lea d to ill feeling toward the seller on the pa rt of his kin, an d ^ refund to nssist ^nd bac k him. Since there is n o form of pol itical government in Ifugao culture. Mud sjnc p every infl n, must, with the help of his kin, "get his own justice," this would be no smal l punishm ent. How serious a punishment it would be, the reader will, perhaps, realize when he reads the chapter on procedure. The sale of family property is registered by ceremonies in which the near kin of both buyer and seller take part. In comparison with the solemnity of these transfers, our real estate transfers are common- place. In comparison with their complexity, our transfers are sim- plicity itself. PPyRSO NAT, PROPERTY 38. Definition. — Such articles as knives, spears, dishes, baskets, pots, houses, camote fields, fruit-bearing trees, blankets, animals and flvtieleg r.f mi^nr vqIhq gve on the same legal basis as personal property among ourselves. Three items in this list demand special attention : houses, valuable trees, and sweet potato fields. 39. Houses. — Dwellings are movable property in Ifugao. A man, with the aid of his kinsmen can, and frequently does, take a house to pieces, move it to a different site and set it up again before sunset. The plot on which a house stands lias no value. The value of a house is usually about ten pesos, the range of prices being from six to sixty pesos. 40. Valuable trees. — Cocoanut trees, coffee trees, and areca palms are sold without any sale or transfer of the land on which they stand. The value of a cocoanut tree in full bearing is five pesos; of a coffee tree, one to two pesos; of an areca palm one-half peso. As a rule, the land on which these trees stand has no value. A practice pre- senting parallel features that leads one to believe that the same man- ner of selling trees must have prevailed among the Pangasinanes, one of the Christian tribes, is that, in the sale of the cocoanut groves in 42 University of California Publications in Am. Arch, and Etlin. [Vol. 15 central Pangasinan, the trees are sold at so much apiece ; but in order to get possession of the trees, it is necessary to buy the land at so much a hectare, since the land has a value. Camote or sweet potato fields are discussed in section 45. No ceremonials are involved in the transfer of personal property ; nor are witnesses necessary, as a general thing. PERPETUAL TENURE Tenure is either perpetual or transient. 41. Rice and forest lands. — Rice-land and forest-land tenures are perpetual. In case an owner abandons a rice field for any period of time, how- ever long, and another man takes up the field without interference or contrary order of the true owner, clears it of underbrush, builds up the broken dikes, levels once more the terraces, tills and plants it, the latter has the right to use the field for the same number of years that it was abandoned. At the end of this time, the field reverts to the true owner. Should the owner desire possession of his field before the expiration of the time, for which, in accordance with this rule, the field should remain in the possession of him who redeemed it from the wild mountain side, he must repurchase possession. It is not incumbent on a man to secure permission of the owner of an abandoned field before working it ; it is incumbent on the owner to prevent others from working his field against his will. In the event a rice field is made on privately owned forest lands from which the timber has long been cut, the owner of the land, when he has proved title, demands payment for the land. But he may not take advantage of the labor that the other has spent on the land in making rice fields, to demand an exorbitant payment. To take such a course would invite danger to himself. Forest lands that have been divested of their wood may be planted in camotes (sweet potatoes) by any person without asking the consent of the owner. If the owner does not want his land so planted or intends to use it himself, it is his business to inform any who may have started to work the land. But if he is tardy in making this prohibition, he must pay for the labor expended, or must allow the continuance of the work, and the harvesting of one crop of camotes from the land. I am not certain that this is the case in all parts of Ifugao. L919] Barton: Ifugao Law 43 42. " Homesteading." — That land which is not rice fields or forest land and which is not owned by some individual by reason of its hav- ing been one or the other formerly, becomes the property of whomso- ever makes it into rice fields. The tenure so acquired is perpetual. 4;?. Paghok, or landmarks. — Whenever a rice-field terrace is walled, the terrace wall is an unfailing and unimpeachable landmark. But in many districts, the terraces are not walled. In such cases, the divi- sion lines between fields are marked by large chunks of wood or by large stones, buried three or four feet deep along the division line. A boulder is of course a most excellent landmark. "Weather and the elements are continually wearing back an un- walled terrace. The amount each year is very small. But when in the course of years the displacement is sufficient to justify it, the owner may take that part of the field in the terrace below that belongs to him. The moving of a landmark is said never to occur, since it would take two or three men to lift the heavy stones, and would require a long time. Moreover it could not be done without leaving plain and indisputable evidence of the crime. 44. Bight of way through property owned by others. — In order to get rid of insect pests, clay is sometimes conveyed to a field to form a layer over it about two inches thick. The clay is shovelled into a stream of water above, and carried as silt to the field and there allowed to settle. Sometimes leaf mold and other fertilizers are conveyed to a field in this manner. It makes no difference how many fields there may be above that on which it is desired to deposit the sediment, the owner of the last has a right to cut a ditch through the upper fields as a conduit for the stream of water. He must, however, repair all the upper terraces so as to leave them as they were before. TRANSIENT TENURE 45. Tenure of sweet potato fields. — Sweet potato, or camote, fields are clearings on the mountain sides about the village. They are nearly always steep slopes, and quickly lose their fertility. For that reason, they are abandoned after a period that varies in different districts of Ifugao according as camote s are a more or less important factor in the subsistence of the people. Thus in Banaue, where camotes form a very large part of the subsistence of the people, the fields are cul- 44 University of California Publications in Am. Arch, and Ethn. [Vol. 15 tivated for five or even six years, if located near the village ; if more distant, they are abandoned after about two years. In Kiangan, where camotes do not play such an important part in subsistence, the fields are in any case abandoned after one or two years. The reason for abandoning the fields is that the soil wears out soon, so that the camotes grow small, and the yield does not repay the labor spent in cultivation. But in case a large area about the village be cultivated, rather than face the necessity of going far from the village to make clearings, the old fields are tended to a point at which the yield becomes almost nil. After abandoning a field, the owner still has a claim on it, but only until such time as the field grows up in weeds, in which case the la-bor spent by him in making the clearing may be fairly presumed to have been undone. After abandonment, the field regains its fertility slowly. The first person who begins clearing the field again becomes its possessor for a new term of years. It is exceedingly rare that quarrels arise over camote fields. Camote fields are some- times sold, but it is not the land that is sold, but the crop with tem- porary possession of the land. TRANSFERS OF PROPERTY FOR A CONSIDERATION There are two kinds of transfer of family property for ' ' considera- tion": the balal (pawn), and outright sale. 46. The oalal. — In case a man finds himself under the necessity of raising a considerable sum of money — usually in order to provide funds for a funeral feast or a sacrifice — he frequently borrows the sum, giving a rice field into the hands of his creditor as a security and as a means of paying the interest on debt. The creditor holds, plants, and harvests the field until the debt be repaid. The field is to all purposes his, except that he cannot sell it. He can, however, transfer it as a balal into the hands of another. But he must transfer it for the same or a less amount of money ; that is, if he has loaned fifty pesos on the field, he must not borrow more than that sum, unless, of course, he be able to secure the owner's consent. This is a very wise provision of Ifugao law that insures the prompt return of the field to the owner as soon as he be able to get together the amount needed to redeem the field. An example will make this clear. A borrows fifty pesos of B, giving his field as a balal into B's charge ; B gives it as a balal to C for the same or a less amount, who gives it as a balal to D and so on. When A is able to repay the debt, he goes to B and 1919] Barton: Ifugao Law 4.~> delivers him the sum plus the fee of the agent through whom the deal was effected. With this amount, including the fee, B goes to C, C goes to D, and so on. Were B to have borrowed without A's con- sent more than fifty pesos, say seventy pesos, and were he not finan- cially able to obtain the difference (twenty pesos) between his debt to C and the debt that A had just paid him, there would be an excellent beginning for a quarrel that might end in lance throwing. Real estate of this kind continues in the hands of the creditor until the debt be paid. Transfers of the same piece of land may go on indefinitely. The transfers are witnessed each time by the agent who obtains the loan for the person in whose charge the field is. This agent receives as his fee about five to twelve per cent of the value of the loan obtained. He is the only witness necessary. His f ee is paid him in the first place by the creditor. But the fee is added to the amount loaned, and must be returned by the debtor when the debt is paid. As soon as the agent has received his fee, it is his duty to inform his oldest son, in case he be of sufficient age, otherwise his wife or a brother, of the terms of the transaction. This is a precau- tionary measure against his death and the consequent leaving of the transaction without a witness. Each creditor is liable to his debtor for the return of the field upon the payment of the sum due, the case being precisely parallel to the liability of the indorsers of a check or a note, one to another. Suppose, however, that the field be planted in rice. In such an event, the owner must leave the creditor in possession of the field until the crop shall have been harvested. In case the field be newly planted, it is sometimes returned to the ow r ner on the agreement that he care for the growing crop, harvest it, and give the creditor half. If the field be spaded, but not planted, the owner may pay his creditor for the cost of the labor expended in spading the field, together with a bonus as interest. The amount loaned on a field never equals the value of the field. Usually it is about half the value. It makes no difference how long a field remain in the status known as balal, the field, subject to the conditions of the preceding paragraph, must be n turned to II" mem r or his heirs whenever th( amount lo C 1 CD O O CD CD "Z^£ ^, ^, ^ ^.^i TJft, h| fe; fe; fei fei 3 5 -S •1 fco S 5° § =8 fcJ3 S Csi to 7:0 o o o o o Sqqqiqw cni '5 IO i-I r-H - ? ; H os ." . e - s ° § ^ i = s s » « > M S S r^ -^ ^ .'-< C = s e e s -"o^oj ■;ir=^ r-? Sft^fej^teife; g - p-h -m' co Tji id co "-3 7:00000© ;q q q q in w 's X LO i-i ri ' ' o co •-; SKISOIHHH' E" 1 33 & eociitjioee "■b^***: £ T S~. ?=W -^ ~ -^ "^ "i; i*J^"S 2S88888868 8 ^ „ .£ § ho Cri W CO ^ O ® N X ffl O '•* C — ^ So oj SCO0CtJi-*tJ(CMt-Ii-I' '^-r-r — -r^;^!^^^^:, : S be iHNs-.-tLO-ii-y.ao;^ o> "*^ Q 0> O 'P. s 3 - - - OS :£ rs S o :1s ?S _: rt aj ?3 k - OT >> 71 =4H a) 0) nr> — >> r- 1 ^ - - >> r principal. — The nungolat (he who A\as strong) is the conceiver, planner, and director of an offense, lb- may or may not take an active part in its commission. Whether or not he does so, he is considered to be responsible for it in the highest degree. He is, of all who take part in the offense, the most likely to be punished. 64 University of California Publications in Am. Arch, and Ethn. [Vol.15 The following example, continued through several succeeding sections, shows the various degrees of criminal responsibility, and the corresponding degrees of likelihood of punishment : A decides to avenge the death of a kinsman. He consequently calls a number of his kinsmen and proposes a war expedition to take the head of Z, an enemy concerned in the death of the murdered kinsman, in another village. They agree. A calls the family priests to his house to perform the necessary religious preliminaries to setting out on a head-hunting expedition. The cere- monies are performed, and the omen of the bile sac promises well. But, just before starting, some accident happens to A, which the priests attribute to the sorcery of the enemy. A consequently does not accompany the expedition. He is, notwithstanding, the nungolat, and is more likely to be the object of vengeance than any other, should the crime be accomplished. 78. The tombok, or "thrower." — In offenses in which a spear is thrown, he who throws the effective spear is called the tombok. His responsibility for the crime is second to that of the nungolat, as is also his likelihood of being punished. 79. Iba'n di nungolat, the "companions of the one who was strong." — Those who assist in the commission of "a crime by reinforc- ing, accompanying, assisting, backing, giving aid* and comfort to the committer thereof, or furnishing ..anything needful to the consum- mation of the crime incur the next lesser degree of criminal responsi- bility and of likelihood of being punished to those of the conceiver and committer of the crime. 80. The montuelol, "shower," or informer. — One who gives a per- son in the act of committing a crime information necessary to the successful carrying out of his intent, is guilty in the same degree as are persons of the preceding paragraph. Thus, continuing the illustration started above, suppose that B, C, ~D, E, F. G, H, and I go to take the head of A's enemy and theirs. They meet O, a co- villager of Z, the man whose head they want to take, and ask him regarding Z's whereabouts. The fact could not be otherwise than patent to O, that a head-hunting party was addressing him. He answers truthfully that Z is in his sweet-potato field, and that the party may reach the field by such and such by-path without their being seen by Z 's kin or co-villagers. The party follows O's directions. B spears Z. B is the tombok; C, D, E, F, G, H, and I are the "companions of the one who was strong," and O is the montudol. 81. Servants trim commit crimes at the bidding of their masters. — Eetainers incur a lesser degree of criminal responsibility than does the master. They will be punished if the master cannot be punished. Sometimes both are punished. L919 j Barton : Ifugao Law 65 82. Likelihood of punishment. — (Continuation of illustration given above.) Z 's kinsmen of course decide to avenge his death. It is a general rule that all debts must be paid with liberal interest, the interest being at least equal to the debt. The debl of life is no exception to this rule. The kinsmen, whom we will call Q, E, S, T, and U, decide that, at least, they will kill A, the nungolat, and B, the tombdk, and that it' opportunity offers they will kill one or two of the others. They go to the vicinity of the village of A and B and lie in wait for them. They may do this a uumber of times. Finally we will suppose that they lull A. Their thirst for blood is somewhat appeased, and they may not pursue their first intention. But it would be the part of wisdom for B to be extremely cautious. Z 's kinsmen are likely to make an expedition or two to take his head. On the other hand, suppose that A dies a natural death or falls in some other feud. The full likelihood of punishment now falls on B. Suppose that B, II, and walk past the place of ambush of the avengers. The latter will try to make sure of B, but will also try to kill the other two. Suppose that B, like A, meets death in some other way than at the hands of Z"s avengers. C, D, E, F, G, H, I, and O are now equally likely to be punished. In case several unsuccessful expeditions are made to secure the head of A and P.. the avengers are likely to take a head or heads from some of the others rather than continually to place themselves in jeopardy by their expeditions into an enemy region. Especially is this true if the enemy's village lie distant. If the villages be near, it is probable that C, D, E, F, G, H, I, or O might walk past the ambush of the avengers at first with impunity, since the avengers are desirous of taking the heads of the principals, and do not want to put the principals on their guard by slaying those whose guilt is less. 83. Drunkenness and insanity in relation to criminal responsibil- ity. — Except in the case of murder, drunkenness mitigates the severity of punishment, provided there be no evidence to show that the cul- prit became intoxicated with the intent to commit the crime, and provided he sincerely repents on becoming sober. Even insanity is not an alleviating circumstance in the ease of murder; but it is our in all other crimes. 84. Tin relation of intent to criminal responsibility. — Gulad or intent, is probably the greatest single factor in determining penal responsibility. Thus: A deed committed without intent, and without carelessness, is excused. One has not, usually, even to make restitution for the injury done. Thus, in the case of a bolo flying out of a man's hand, and putting out the eye of another, no damages were assessed. An enormous number of men, every year, are injured in the free-for-all scrambles over sacrificed earabaos. Many of these injuries result in stiff joints: some of them in deaths. In no case. no1 even in the case of death, is a payment demanded. Suppose thai in the chase a num- ber of hunters have surrounded ;i wild boar. The boar charges one 66 University of California Publications in Am. Arch, and Ethn. [Vol.15 of them. This man leaps backward, and, at the same time, draws back his spear to throw it at the boar. In so doing, he stabs a com- panion behind him with the shod end of the spear handle. This is not an uncommon accident. The others of the party are witnesses that the killing was purely accidental (naloktat). No fine is assessed ; but the killer, to show that he is sorry, usually assists in the funeral feast. Of course, if there were no witnesses, and if there were a possible motive to complicate matters, the ending of the case might not be so happy. Suppose that a number of men are throwing at a target with their spears. A child runs in the way, and is killed. One-half the usual fine for manslaughter is assessed on the ground that the thrower was careless in that he did not make sure before he threw the spear that such an accident could not occur. In this case there was an absence of intent ; but carelessness was present. A man kills a neighbor at night, acting under the impression that he is killing an enemy seeking his life. He is subjected to a much heavier fine than if he had killed him through carelessness, since there is present both the intent to kill, although not criminal, and careless- ness in that he did not make sure at whom he was casting his spear. 13 OTHER FACTORS AFFECTING LIABILITY 85. Alienship. — If the culprit be of a foreign village, the fact that he is a foreigner is a strong aggravating circumstance. If found in delicto, he is almost sure to be killed, in cases of theft or the more serious crimes. In such crimes as insult, the same fine might be demanded of the foreigner as of a co-villager, but not so much effort would be made to arrange matters peaceably. If the fine demanded be not paid and paid quickly, a kidnapping would ensue, or the cul- prit would be killed. A man committing a minor crime in a foreign village if not killed would be caught, tied, and held prisoner until redeemed. 86. Confession. — Confession before steps have been taken to inflict punishment alleviates to a considerable degree except in murder and adultery. In the latter case, if the adulterer made a voluntary con- fession of guilt to the offended spouse, without having been confronted with the evidence, it would be taken as brazen boasting, and of the nature of an insult. is In one ease, to be hereafter considered, the absence of both intent and carelessness do not excuse (see sec. 105). l!Mi>| Barton: Ifugao Law 67 87. Kinship— Kinship is so strong a mitigating circumstance as often to excuse crime altogether. It has already been stated thai crimes of one brother or sister against another are not punished. Inasmuch as all procedure is conducted by and between families, and since the family of the two brothers is identical, procedure in such cases is impossible. In the ease of relatives of remoter degree, kin- ship is a strong extenuating circumstance in the event of the more serious crimes. In minor crimes, while the usual amount of the fine might be demanded, it would very frequently not be collected; espe- cially, it' the offender were very poor. It has previously been said that the family is the only organization, political or social, that the Ifugao has, and that, in proportion as it is precious and necessary to him, he cherishes it ; that Ifugao law, conse- quently looks with the greatest disfavor upon anything that would divide a family or destroy its unity. In case a man steals from his cousin, who is married, restitution is usually demanded, together with half the usual fine, which half goes to the cousin's spouse — not to himself. Insults on the part of one cousin to another are rare and are more rarely prosecuted. 88. Rank and standing in the community. — This is probably the greatest single factor in determining the severity of punishment in cases where a crime is punishable by fine. But the aggressiveness and the war footing of the two parties to the controversy enter even here to an astounding degree. In the Kiangan-Maggok area, there are three grades of fines — the highest for the punishment of crimes of one kadangyang or rich man, against another ; a medium grade for crimes of persons of the tumok, or middle class, against each other ; and a third and lowest grade for the nawatwat, the poverty stricken. 14 Each lower grade of fine is a little more than half the next higher one. In the Kababuyan area, there are five grades of fines — one for the very rich, one for the fairly rich, one for the middle class, one for the poor, one for the poverty stricken. In Sapao and in Asin, there are four grades. So long as both offender and offended are of the same class, there is no trouble about determining the fine proper in a given case. But when they are of different classes, the case is not so simple, and the factors of fighting strength and personality enter. i* Kadangyang : an upper-class person. In most parts of [fugao persons must give expensive feasts to attain this rank. Tumok: persons who have enough rice to last them throughout the year, but who do not soil rice. Nawatwat: persons who are poverty stricken. 68 University of California Publications in Am. Arch, and Ethn. [Vol. 15 Suppose that E, a rich man, commits adultery against P, a poor man. P sends a go-between to demand the highest grade of fine for this crime — that is, the grade which kadangyang pay. R does not deny the crime, but states that he considers the payment of the fine that is due one rich man from another preposterous. He states that he is willing to pay the fine proper to the poorer class. To this P replies that he did not begin this action for the purpose of getting money, but for the purpose of so punishing R as to make a repetition of the crime improbable. There are three possible endings in such a case: (a) P's kin represent to him that they cannot afford to have war with R; that R's people hold a lot of debts over their heads; that should R prove obdurate, and should the affair end in a lance throwing, R's people would wipe them off the earth. They advise P to be satisfied with the lowest grade of fine. He agrees. (b) P and R compromise on the grade of fine that is midway between their stations; that is, the fine of the middle class. In Kiangan this is the usual settlement. (c) P shows such bun got (wrath and ferocity) that R's kin advise him to pay the larger fine. They point out that the fine is a small matter as compared with the loss of life, and state that there is no telling what this poverty-stricken but rampant dog will do. This settlement is not uncommon in the Kiangan area, where the poor people have a great deal of pride and bravery, but rare in other parts of Ifugao. Aside from other matters, the diplomacy and tact of the go-between would have a great deal to do toward determining which of these contingencies would result. It is extremely hard to make a general statement as to fines when offender and offended are of different classes. It may safely be said that the fines assessed average the amount midway between the fines proper to the two classes concerned. Thus, when a poor man offends a rich man, and when a rich man offends a poor man, the average of the fines assessed equals approximately the fine assessed for injuries within the middle class. In questions in which rich and middle class persons are involved, the fines approximate an amount half way between the fines of the rich and of the middle classes. 89. Importance of influential position and personality. — The fact has already been mentioned (see sec. 4) that Ifugao administration of justice is remarkably personal in nature. We have just seen, in the example given in section 88, to what an extent personality and war- footing enter into the infliction of fines when offender and offended are of different classes. Nowhere can a man of magnetism and force reap greater benefit from these qualities, relatively speaking, than in an Ifugao controversy. The fact stares us in the face in every phase of Ifugao law r , especially in procedure. 89a. Cripples and unfortunates. — Cripples and those afflicted by disfigurements or disfiguring diseases are often in a desperate mood for the reason that life is not at all precious to them. They are likely L919] Barton: Ifngao Laiv (59 to be erratic and to constitute exceptions in punishmenl of crimes and procedure. I remember a rase thai happened in Baay District a few years ago which illustrates to what extenl determination and absolute abandon to a single purpose are valuable in carrying a point in Ifugao procedure. I did not make note of the names but shall designate the rich man as R and the poor man as P. P was afflicted with the disease hiphip — probably ichthyosis — a skin disease in which the skin becomes white, rough, and scaly. R met P one day and sneered at ldm. saying, "Although yon have neither fields, gongs, nor jewelry, I see that you have become a Jcadcmgyang, for you are wearing a white coat" (referring to the skin disease). P became violently angry hut restrained himself from assaulting R. He calmly informed R that for this insult he fined him a large and valuable field, R's property in Dayukong; that life meant little to himself, and that if R resisted and interfered with his taking possession of the field, he would certainly kill him. P further stated that he knew that R's kin would retaliate and that he would lose his own life but that he did not care since he was miserable anyway. None of the women would deign him their favors and being poor — well, what was the use of living! P carried his point and maintains possession of the field to this day. Having the field, he managed to get a wife, who, although homely, has borne him two or three children who are not afflicted with his disease. Another case in point is the following: Piklud, a fairly wealthy man of Kurug, was paralyzed from the knees down and in his locomo- tion he had to crawl on all fours. He loaned a neighbor a chicken. There was a quarrel over the repayment of this which left ill feeling between the two. A little while after the quarrel, the neighbor met Piklud crawling along the path through the village, and called to him as to a dog, 4i Doa! doa ! de-cle-de!" Piklud pretended not to notice and even feigned amiability. He gossiped a little about the drought which was parching the rice fields. Finally he said, "Let me see your spear." He felt the edge and then with the words, "It is pretty sharp, isn't it?" he thrust it upward into the other's abdomen. THE PETXCIPAL CRIMES AND THEIR FEEQUENCY 90. List of offenses. — In the Kiangan-Nagakaran-Maggok area, the principal crimes, in order of their probable frequency, are : sorcery ; adultery; theft ; murder (or in the case of women and children, kid- napping) ; the putting of an innocent person in the position of being considered an accessory to crime ; manslaughter ; rape of a married woman; arson: incest. Minor crimes are: insult ; slander: false accu- sation ; rape of a girl. 70 University of California Publications in Am. Arch, and Etlxn. [Vol. 15 SOECEEY 91. The ctyak (soul-stealing) is a series of religious ceremonies in which the sorcerer calls to a feast the ancestral spirits of some man whose death he desires to encompass, together with many maleficent spirits and deities, and bribes them to bring to him, incarnated as a blue-bottle fly, a dragon fly, or a bee, the soul of the man whose death he desires. When one of the insects mentioned comes to drink of the rice wine in front of the sorcerer, it is imprisoned and put into a bamboo joint tightly corked. The enemy, being thus deprived of his soul, will die. This form of sorcery cannot be practiced unless the sorcerer knows the names of the ancestral spirits of his victim-to-be. For this reason, when the Lamot people, who are famous sorcerers, come to Kiangan and approach a religious feast, the Kiangan people do not invoke their ancestral spirits until after the visitors have gone. Needless to say, sorcery is always practiced in secret. It sometimes happens that it is practiced by a man against his kin. In such a case, kinship does not extenuate his punishment, since the preservation of the family necessitates the extirpation of the sorcerer within its gates. This is the only exception I know of to the general rule that a family may not proceed against one of its members. 92. Other forms of sorcery. — Certain persons have an evil "cut" of the eye, which, whether they wish it or not, brings misfortune or sickness on whomsoever or whatsoever they see. Injury by means of the "evil eye" may be effected intentionally or entirely uninten- tionally. The words of certain persons even though innocent and uncon- nected with evil, and though spoken as they usually are without malicious intent, have the quality of bringing whatever is spoken to an evil end. Thus A, afflicted with the "blasting word," goes to the house of B, and, seeing a sow with a litter of handsome pigs, remarks, "That's a fine litter of pigs you have ! " If A be truly afflicted with the blasting word, the pigs will die, even though A was without intent to do injury, and was even ignorant of his affliction. The evil eye and the blasting word are frequent afflictions — afflic- tions that their possessor is the last to learn about. They may be cured by the possessor's offering sacrifices of the proper sort. In the event of injury unintentionally being done by evil eye or blasting word, no punishment is meted out, although in some cases restitution is demanded. Barton : Ifugao haw Curses are of two kinds: directly by word, and indirectly by curses Laid on food, drink, or betels. Kiangan people are afraid to purchase rice from the Lamot people to the south of them through fear of being affected by curses that may have been laid on the rice. 93. Punishment of swcen/.— Sorcerers are not punished hyster- ically. To Ids credit, it must be said that the Ifugao proceeds slowly in condemning a person for this crime. Before he takes action, he demands not merely strong grounds foe suspicion, but proof beyond a reasonable doubt that the suspected person is a sorcerer. Proof that one lias performed the ayak ceremony against a person is sufficient ground for the infliction of the death penalty. But in the ease of the evil eye and the blasting word, it must be proved that the death of the pigs, the betel vine, or whatever it be that dies, was due to the glance or words of the bewitched, and that both glance and words were used with evil intent. This would obviously be hard to do; but for the purpose of justifying an injured person in killing such a sorcerer or bewitched one, a record of previous misdeeds of the kind, and a general conviction, in which a portion, at least, of the man's kin concurred, that the suspect was a malicious sorcerer, would 'be sufficient. . • A curse, by one who has no reputation for supernatural powers, is punishable by the following fine : Kadaxgyang Middle Class Nawatwat Hin-baMd (One ten ) Hin-bakid (One ten) Na-otiom (Six) Pu-u (2 death Pu-u (death Vii-ii (ilili) 1*8.00 blankets) 1*16.00 blanket) 1*8.00 Natauwinan 1-00 Haynub palyulc 5.00 TTaynub palyulc 5.00 X mil ii Lit .50 Hay nub palyulc 2.00 II ininah palyulc 2.00 Natuku -50 Natauwinan 1.00 Natauwinan 1.00 Na-oha -20 Natawvinan 1.00 Natauwinan 1 .00 I.iirn comes out of Natauwinan 1.00 Natauwinan .50 the No-onom Natauwinan .50 Nuntuku .50 Nuntuku (3 each ) .50 X a nl ill, a .40 Nuntuku .50 Nunbadi Na-oha .40 .20 1*2 7.50 Liwa conies out o f I.iirn or foe of the Hin-baMd go-between ( 1 death blanket) f*8.00 Total, 1*35.50 Total, 1*19.00 Total, 1*1 0.20 A curse by one who had a reputation of being a sorcerer might possibly lead to the death of the sorcerer on the spot. In case he were not killed, and the person or tiling cursed died, the death penalty would be inflicted later. The following instances will be of value as illustrations. Some are recent, others historical: 72 University of California Publications in Am. Arch, and Ethn. [Vol. 15 Before the coming of the Spaniards, Atiwan of Longa acquired a reputation as a sorcerer. He killed several of his kinsmen in Baay. Even his relatives in Longa admitted that he was a sorcerer, and said that he ought to be killed. Ginnid of Baay and several companions went to Longa one night, and called to Atiwan that they had come to see him. He opened the house and put down the ladder. The party ascended, and set upon Atiwan with their war knives- and killed him. In trying to protect him, his wife, Dinaon, was wounded. The killing was universally approved. Kimudwe (alias Dulnuan) of Tupplak is a famous, or rather an infamous, sorcerer. Owing to a quarrel with one of his nephews, Butlong, over a debt, he performed an aydk to cause the latter 's death. Butlong was informed of the fact by one who, eavesdroppingbelow Kimudwe 's house, heard the prayers and incantations. On a certain day on which there was a feast in Ambabag, to which Kimudwe was nearly certain to come, Butlong waylaid him, firing a rifle at him from cover near Ambabag. His marksmanship was atrocious. Before he could reload women rushed out from the village and covered Kimudwe with their bodies, interceding, and stating that there was not sufficient certainty that Kimudwe was guilty to justify his nephew in killing him. (This occurred in the interval between Spanish and American rule.) Kimudwe is reputed to have killed by means of sorcery several of his kins- men. Becently a child died in Tupplak whose death was attributed to him. He killed, it is said, the son of Bahni, another of his nephews. Bahni sent Dulinayan of Ambabag as a go-between to Kimudwe to challenge him to an ordeal, saying that he had no intention of killing him, even if guilty, owing to the peculiar prejudice of the Americans against such doings, but for his own satisfaction he wanted to know if Kimudwe were the sorcerer. He stated that in case Kimudwe won in the ordeal, he (Bahni) would pay a fine of a gold bead for having accused him falsely. This was an unusually large fine. Kimudwe refused, or rather evaded, saying: "If I am a sorcerer, it is a case of the entire family, including Bahni, being guilty." In other words, he took refuge behind the Ifugao doctrine of collective responsibility (see sec. 4). In cases of strong suspicion, a supposed sorcerer was often openly accused and challenged to an ordeal. The ordeal was usually more in the nature of a duel, the two exchanging spears at twenty steps" (20 meters) distance. If the ordeal showed the suspect guilty, he was killed if he stayed in the region. He was not, however, killed on the field of duel — unless killed in the duel or ordeal itself — because such an execution might precipitate a battle with this kin. ADULTERY 94. Forms of adultery. — In its unaggra vated form, adultery is called luktap. Luktap signifies se xual intercourse between a spous e a nd some person p thpy than tbp mi P tn whmn hp (or she) be marrie d, uncomplicated by insults and scandalous behavior flaunted in thp fa ne of the injured spouse. The intention to abandon the spouse is ei ther not present, or is concealed. 1919] Barton: Ifugao Law 73 The aggravated form of adultery is called Jmkwil. It consi s t s of openly and scan dalously bestowing one's love and body upon so me other person than the spouse: of insulting the injured spouse: or o f repeatedly, while living u nder the same roof with the spouse, meetin g t he third person and having sexual intercourse. T he intention is present of separating (or effecting a separation) from the injured spouse. The following is an illustration : Maxima, a girl of Umbul, was married to Ananayo of Pindungan. But Ananayo had not yet reached the age of puberty, while Maxima herself had reached that aye. Sergeant Doniinong, of the constabulary company at Kinngan, began paying attentions to Maxima, while Maxima was living in the house of Ananayo 's father. During the season of watching the rice fields against theft of water these two continually cohabited, the sergeant going to where Maxima was watching the fields at night. Ananayo attaining the age of puberty in the meantime, Maxima refused to have anything to do with him. Both Maxima and Doniinong were guilty of hokwit in this case. Maxima's conduct was con- Bidered especially reprehensible, since she was a binawit in the house of Ananayo 's father (see sec 14). 95. Punishment of adultery. — I n both luktap and hoi- wit, th e offen ding spouse an d the lover (or mistress) are equally guilty. Each is equally liable to punishment. Ho wever, the offended sp ouse may, if he chooses, forgive the offending spouse without forgivin g""1he partner in crime. This frequently happens . A wife is more likely to forgive than is a husband. The adulterer when taken in delicto is sometimes punished b y death. T he offended spouse is justified by public opinion in admini s- t ering this punishment to a considerably greater degree than our laws in the United States would justify him. Several stories are told of persons caught in the commission of this crime who were impaled by a single spear thrust, fit should be stated that the kin of those kille d f or this crime rarely look upon the killing as justified, and often aveng e it. They take the stand that the offe nded spouse ought to have demanded the usual fine: that if this had not been immediately fo rth- coming, no one would have questioned t he propriety of the killing . On the other hand , the ki n of the offended spouse t aKo tne ground, and it may be said that in general public opinion backs them in it, that a self-respecting man could not well do othe rwise than k ill "th e o ffender, «"'] that +^ ^"l'^»g "& '""1 ilmn^i ng money would sav or too much of the mercenary . It is to be noted that a sexual offense committed after the mommon ceremony is punished by a small fine; that an offense committed after 74 University of California Publications in Am. Arch, and Etlin. [Vol.15 the imbango or Jiingot ceremonies is punished by a larger fine, and that an offense committed after the bubun ceremony is punished by what to the Ifugao is a very large fine. These fines are diagramed Ifugao fashion in sec. 75. Hokivit, aggravated adultery, is punished by twice the greatest fine demanded in the case of simple adultery, luktap. Adultery being a very hard crime to prove, the Ifugao takes as proof: (1) the confession of either party; (2) evidence that the accused wilfully and intentionally placed themselves in such a posi- tion or circumstances that the crime would be presumed by any reasonable person to have been consummated. Thus, the sleeping of the accused together at night in the absence of the spouse would be sufficient evidence. Both offenders must pay the fine demanded by the circumstances to the offended party or parties. Thus, if both the offenders be mar- ried, each must pay a fine to (a) his own offended spouse, and (b) to the offended spouse of the partner in the crime. The pu-u of the fine goes to the offended spouse — the rest to the kin of the offended spouse. In addition to paying the fine, should the offender desire t o conti nue the marriage relation with his offended spouse, he must" provide anim als and other perquisites for a honga (general welfare feast) in which the kin of both parties take part, and which is sup- posed to sta rt the spouses anew m domestic ha'1'iuuii.y and felicity, and in all that the Ifugao considers prosperity, namely, abundance of pigs, chickens, rice, and children. 96. Sex in relation to punishment for adultery. — Although the punishment for adultery is the same for either sex, the likelihood of t he adulterer's being punished is much greate r if the offender be a woma n than if he be a man. This is for the reason that men are more j ealous than women and less attached to their spouses, usually. A great deal of adultery on the part of m en goes u npunished. Most w omen would rather not hear about the peccadillos of the ir husband s. They do not want to take action unless it be forced upon them. B ut once the matter is brought to th eir "official attention," they have to t ake action in order to "save face." Women sometimes tell their husbands "It would be all right for you to have a mistress if you could only do so without my hearing of it." And when they learn of some such offense on the part of their husbands, they sometimes upbraid them, saying: "Oh, why didn't you do this thing in such a way that I would not hear of it ? " L919 | Barton : Ifugao Law 75 T he husband, on the other hand, us ually punishes, and often divorces his offending wife . Once an offense is known, it must be acted on. Oth erwise, the o ffend ed spouse is considered to be lacking in self respect. And indeed I believe that the insult involved in adultery is more seriou s t han any other phase of the crime. The Malay's "face" is exceed- ingly deal- to him. THE TAKING OF LIFE 97. General considerations. — It is extremely difficult to unravel the law, if there be a law, with respect to murder, executions, and war. The Ifugao has no tribunals to sentence, and no government to execute. He makes no declarations of war. Doubtless no two nations or tribes of the world ever engaged in a warfare in which each did not consider the other the aggressor, or at least, the offender. The same is true with respect to feuds between families, which were almost as numerous as the families themselves. In spite of the years of American occupation during which comparative peace has prevailed, these feuds still exist. We must substitute, however, for patriotism, fraternal and filial love ; the sense of duty to the unavenged dead, love of vengeance, and intense hatred engendered and justified by a well learned catalogue of wrongs and assassinations inflicted on the family by the enemy family. Once started, a blood feud was well nigh eternal (unless ended by a fusion of the families by means of mar- riage), for the reason that what was a righteous execution to one family was a murder (usually treacherous) to the other. Outside of manslaughter, to be treated of later, it may be stated as a general tenet of Ifugao practice that the taking of a life must be paid by a life. Considering, too, that a member of an Ifugao family rarely if ever effected or accomplished any except the most ordinary and elemental acts without previous consultation with his family, and that nearly all killings were effected pursuant to a decision of a family council, it was not without a fair show of reason that Ifugao law held that a murder might be punished almost as well by the execution of some member of the murderer's family as by the execution of the murderer himself. For, if not principals in the commission of the crime, other members of the family were at least accomplices or accessories. Indeed Tfugao law held the whole family guilty, looking upon the crime, quite correctly, as an offense for which the whole family was responsible. 76 University of California Publications in Am. Arch, and Ethn. [Vol.15 War, murder, and the death penalty exacted in execution of jus- tice, in the Ifugao's society are so near each other as to be almost synonymous terms. We have already seen that a capital execution for crime is nearly always looked upon by the kin of the executed as being a murder; it is retaliated by them, by what to them is a jus- tifiable execution; but by what, to the killers, is considered as a murder to be punished by another execution, and so on ad infinitum. The Ifugao has one general law, which with a few notable excep- tions he applies to killings, be they killings in war, murders, or execu- tions, which public opinion would pronounce justifiable and legal. \That law is : Alife must be paid by a life. Let us pass now to a con- sideration of various classes of the takings of human life. 98. Executions justifiable by Ifugao law. — Public opinion or cus- tom, or both, justify the taking of a life in punishment for the follow- ing crimes: sorcery; murder; persistent and wilful refusal to pay a debt when there is the ability to pay; adultery discovered in flagrante; theft by one of a foreign district; refusal to pay a fine assessed for crime or for injury suffered. But even though custom and public opinion justify the administration of the extreme penalty in these cases, the kin of the murdered man do not, in most cases, con- sider the killing justified. There are innumerable circumstances that complicate a given case. Was the sorcery proven or only suspected? Was it a murder that the man committed ; or was he justified in the killing? Would not the debtor have come to his right mind had his creditor waited a little longer ; and did the creditor approach him in the right way with reference to the debt? Did not the woman make advances in the adultery case that no ^ejjzr especting male co uki turn down.' Was not the indemnity assessed too large or otherwise improper ; or did the injured party wait long enough for the payment ? These and a thousand other questions may arise with respect to the various cases. If the death penalty be inflicted by persons of a foreign district, it is sure to be looked upon as a murder. / At feasts and gatherings about the "bowl that cheers" and espe- cially in drunken brawls, an unavenged killing, no matter what the circumstances, is likely to be brought up as a reflection upon the bravery or manhood of the living kin, and so urge them to the aveng- ing of what was really a justified execution. Murder, sorcery, and a refusal to pay the fine for adultery justify / the infliction of the death penalty even on a kinsman if he is not too 1919 j Barton : Tfugao Law 77 close a relative. An execution of one kinsman by another is not so likely to be avenged as is justifiable execution by one outside the family. This is in accordance with the principle of [fugao law: Tin family must at all hazards l>< preserved. 99. Ft uds. — A feud is a series of takings of human life as venge- ance, in which the heads may or may no1 be taken. There are some hundreds of ways in which feuds may start. As a rule they begin with a taking of life that is not justified in the eyes of the kin of him whose life was taken. They may begin from a retaliation for a kidnapping or even from an accidental killing. Feuds exist between neighboring districts, or districts not far distant between which to a certain extent ties of blood and marriage exist. It is exceedingly rare — if it ever occurs — that entire villages or districts are involved. The feud is an affair between families only. It consists of a series of vengeances and ''returning of vengeances." Feuds may even start within the district: but as a rule, they are short lived, being stopped by the counsel of the influential. Feuds between districts are well nigh interminable usually, but may come to an end by means of intermar- riage or when one or two of the leaders of each family are afflicted by certain diseases 15 thought to be inflicted by certain deities that desire the peace ceremony. As has been hitherto stated, each killing in a feud is considered by the killers to be an entirely justifiable execution in punishment of crime. The deities ^of war and justice are called to witness that the debt is not yet paid. Contemporaneously, the kin of the slain are calling on the same deities to witness that their family is sorely afflicted; that no debt was owed the others; that no chickens or pigs, or rice had been borrowed; that no theft or other crime had been committed, and so on; yet, that innocent, they are being slaughtered. 100. 117//-. — Before the American occupation, districts that were far distant might be said to be continually at war with each other. Tie' war was carried on as a series of head-takings. There was no formal declaration of war. As a rule there were no large expeditions to the enemy country, and heads were taken from ambush, on the out- skirts of an enemy village or along much traveled paths. Women's heads were taken in these exploits; hut not as a rule, in feuds. To e lives taken in war, while no doubt the life of the actual head taker was preferable, the life of any person of the enemy village mighl be taken; just as in feuds, the life of any member of the enemy family might be taken. is Tuberculosis and persistenl cough (see sec. 141). 78 University of California Publications in Am. Arch, and Ethn. [Vol. 15 101. Head-taking. — Heads were not taken in the case of executions for injury. In feuds within a district, heads were not taken. In feuds between families of different districts, heads might or might not be taken. Usually they were taken if there were no ties of kinship between the districts. It should be emphasized, however, that there was no definite boundary between districts, and consequently, no well- defined line beyond which heads might be taken. Families from the southern part of a district would take heads in territory from which those in the northern part of the district would not take them. Heads were always taken in the case of those killed in war, if circumstances permitted. 102. Hibul or homicide. — The Ifugao law clearly recognizes several grades of homicide. (a) The taking of life when there is an entire absence of both intent and carelessness. As for example, in the case already cited (see sec. 84), when a party of hunters have a wild boar at bay. The boar, as there stated, charges the most advanced of the hunters, and in retreating backwards, the latter jabs one of his companions with the shod point of his spear handle. There is no penalty for such a taking of life. (6) The taking of life when there is clearly an absence of intent, but a degree of carelessness. For example, a number of men are throwing spears at a mark. A child runs in the way, and is killed. The penalty is a fine vary- ing from one-third to two-thirds the amount of the full fine for homicide according to the degree of carelessness. (c) Intentional taking of the life of another, under the impression that he is an enemy when in reality he is a co-villager or a companion. In case the killer can make the family of the slain understand the circumstances, only a fine is assessed. This fine is called labod. (See sec. 106.) If the killer be unrelated to the slain, the full amount of the labod is demanded; if related, the amount is usually lessened. Example: Dumauwat of Baay was irrigating his fields at night. Some of his companions told him that there were some head-hunters from an enemy village near. In the darkness, Dumauwat encountered another man, Likyayu, the betrothed of his daughter. He asked him who was there. On account of the noise of water falling from the rice fields, Likyayu did not hear the inquiry, and said nothing. Dumauwat speared him. Likyayu cried out. Dumauwat recognized his voice, and carried him home. He furnished animals for sacrifice to secure Likyayu 's recovery. Likyayu recovered. Had he died, Dumauwat would have been called on for the full amount of the fine; but had Likyayu been firmly engaged to Dumauwat 's daughter, that is, had the bango ceremony been performed the full amount of the labod fine would not have been demanded, since the relationship would have been an extenuating circumstance. '(d) The taking of life by persons in a brawl or by an intoxicated or insane person. In case the slain died before his slayer could agree to provide animals for sacrifice, the latter would probably be killed by the kin of the slain if he were of a foreign district. He might be killed if a non-related co-villager. He would be fined the labod if a kinsman. He would probably go scot free if a brother or uncle. 1919] Barton: Ifugao Law 79 Example: A of Longa became insanely drunk at a feast at the house of his brother Gimbungan. Ee attempted to embrace the comely daughter of Gim- bungan, his niece. Gimbungan tried to quiet him, and in so doing aroused his ire. He drew back his spear menacingly, and in so doing pierced the girl — who was at his back — with the shod point at the end. She died. A was properly penitent when he sobered, and furnished animals for sacrifice. The fine labod was not, however, demanded of him. This was about thirty-five or forty years ago. Considerable feeling exists between the two branches of the family to this day, owing to this occurrence. The burden rests upon the slayer in the above cases to show that the killing was accidental or that he was so drunk as to have utterly lost his reason. The absence of a motive is a great help to him in this. If he has ever had a serious altercation with the slain, in the absence of controverting evidence, the presumption is likely to be that the killing was intentional, and that he has been "feigning friendship in order to kill by ugd (treachery)." 103. Attt nipt* to msmlt r. — An attempt on the part of an enemy of another district on the life of a person is punishable by death. An attempt by one of the same district may or may not be punished by death ; in most cases peace would be arranged by mutual friends and kinsmen. In such a case, he who made the attempt would be required to furnish animals for a peace feast. 101. Wounding. — Wounds inflicted accidentally and without intent or carelessness are not punished. In case the element of intent or care- lessness be present, he who inflicts the wounds must furnish animals for sacrifice, pay the wounded man and his kin a fine, and stand the expense of a feast to make peace. The following is a typical list, for the kadangyang (wealthy) class, of the expenses of animals for sac- rifice and fine : (a) First feast for the recovery of the wounded man, sacrifices to the war deities: :i pigs at 15 pesos; 10 chickens at 1 peso; total 55 pesos. (b) Second feast for recovery, the pinochla, or feast to cure wounds and infections: 1 pig at 10 pesos; 2 chickens at 1 peso; 8 spear heads as fees of priests at 25c; total 14 pesos. In case the wounded man lives, the following fine is paid him and his kin : (c) Fine of two bdkid (two tens) amounting to 72 pesos; fee of thi Jcalun, 10 pesos; total 82 pesos. (f/) Peace-making ceremony: 1 pig at 15 pesos; other appurtenances of feast, 2 pesos; total 17 pesos. 10."). Special liability of thi givers of c's field, ten feet from the line on which they wrestle, A wins ten feet of the rice field at that point. Finally, there is a fall that more than likely capsizes one or both of them in the black mud. One point in the boundary is determined. Frequently the lower terrace is eight or ten feet lower than the upper one, hut there are no injuries for the reason that the mud is at least two feet deep and is a soft place in which to fall. At every fifteen or twenty feet along the disputed boundary there is another wrestling match. Sometimes the champions are changed. The new boundary runs through every point at which there has been a fall. / 132. The umpire fc vR H^tf. 2L 4 * -*J PLATE 24 The hagabi, or lounging bench, is the rich man 's insignia of rank. The rice is thrown into the air for the poor to scramble for. [168] PLATE 25 This picture shows how the Ifugaos carry their babies. The oban blanket with which the child is held on the back is of great importance in cases of illegitimate birth, since its gift by the father to the mother constitutes a recog- nition of the child. [ 170 ] UNIV. CALIF. PUBL. AM. ARCH. & ETHN. VOL. 15 [BARTON] PLATE 25 IKI - (iAo MOTHER AND I III PLATE 26 The man on the left has recently killed an enemy. About his neck he wears a string of crocodile teeth. In his costume may be discerned suggestions of the cock's comb, his wings, and his tail. The two men are about to perform a mimic dance, in which one, representing a full-grown cock, overcomes the other, representing a half -grown cock. Priests near by pray that the warriors of their village may be like unto the full-grown cock. [ 172 ] UNIV. CALIF. PUBL. AM. ARCH. & ETHN. VOL. 15 [BARTON | PLATE 26 ^ * V two ifi'i.ahs ih;kssi.i> Kin; tiik cock-hhht dawk PLATE 27 Priests are reciting myths and invocations against the enemy dur progress of the cock-fight dance. [174] PLATE 28 This is one of the most stupendous spectacles that the life of a barbarian people has to offer. The front of the shields is striped with zigzag white lines. The processions are often a mile long and 1000 or even 2000 people frequently take part in them. The men wear gaudy head-dresses, women's beads, and strips of white fiber about the legs and arms. The participants dance along their way, turning from one side to the other. Viewed from a distance, one of these processions as it dances slowly along on a rice-field dike looks like nothing so much as a gigantic, squirming centipede. [176] PLATE 29 In one hand she holds a knife, in the other a spear. Corpses of the murdered are always propped up against a house pile — never put in a death chair, as are corpses of those dead from natural causes. The corpse, too, is neglected in order to make the soul angry and incline it to vengeance. [178] UNIV. CALIF. PUBL. AM. ARCH. & ETHN. VOL. 15 [BARTON] PLATE 29 BoI>Y of MURDERED [FUGAO girl PLATE 30 One of the participants is dipping his hand into the pot of boiling water. His party stands beside hirn, spears pointed toward the earth. The other member and his party are on the other side of the pot. The go-between squats directly back of the pot. [180] PLATE 31 Note the 8 rice-wine jars, the knives ami spears, the 2 pigs, the 6 rude cages containing chickens, the 8 copper pots, the 2 coats (formerly part of the uniform of American soldiers), the baskets and dishes. [182] PLATE 32 The boy and girl in the center have been recently married and are being elevated to the rank of kadangyang, or wealthy. The boy carries a cock hanging from his belt, the girl a hen in her hand. The men and women are kindred of the boy and girl. [184] ' ' v^ c 1 : PLATE 33 When a person of Tcadangyang rank is placed in the death chair he is dressed in the costume of that rank. These bodies are sometimes kept in the chair for as many as 13 or 15 days. At the right of the picture may be seen the monwahhca (primitive undertaker), whose business it is to care for the body and finally to carry it on his shoulders to the sepulchre on the mountain side. For these services he receives a very trifling compensation. Note that the treatment of the bodies of those dead from natural causes is very different from the treatment of the bodies of the murdered or those dead by violence. The former are shown great care and respect; the latter are neglected and bereft of the usual dignities of death. ' [186] UNIV. CALIF. PUBL. AM. ARCH. & ETHN. VOL. 15 [ BARTON | PLATE 33 ll- I'd ah CORPSE IX THE DEATH I HAIB RETURN TO the circulation desk of any University of California Library fed or to the NORTHERN REGIONAL LIBRARY FACILITY Bldg. 400, Richmond Field Station or University of California Richmond, CA 94804-4698 J ALL BOOKS MAY BE RECALLED AFTER 7 DAYS • 2-month loans may be renewed by calling (510)642-6753 • 1-year loans may be recharged by bringing books to NRLF • Renewals and recharges may be made 4 days prior to due date. DUE AS STAMPED BELOW iLG.worriTT JUL 1 2*96 2.000(11/95) ia U C BERKELEY LIBRARIES