Inheritance and bequest

As regards property the statement that all men are born equal is as false in Igorot land as in the United States. The economic status of the present generation and the preceding one was practically determined for each man before he was born. It is fair to make the statement that the rich of the present generation had rich grandparents and the poor had poor grandparents, although it is true that a large property is now and then lost sight of in its division among numerous children.

Children before their marriage receive little permanent property during the lives of their parents, and they retain none which they may acc.u.mulate themselves. A mother sometimes gives her daughter the hair dress of white and agate beads, called "apong;" also she may give a mature daughter her peculiar and rare girdle, called "akosan." Either parent may give a child a gold earring; I know of but one such case. This custom of not allowing an unmarried child to possess permanent property is so rigid that, I am told, an unmarried son or daughter seldom receives carabaos or s.e.m.e.nteras until the death of the parents, no matter how old the child may be.

At the time of marriage parents give their children considerable property, if they have it, giving even one-half the s.e.m.e.nteras they possess. If parents are no longer able to cultivate their lands when their children marry, they usually give them all they have, and their wants are faithfully met by the children.

The conditions presented above are practically the only ones in which the property owner controls the disposition of his possessions which pa.s.s in gift to kin.

The laws of inheritance and bequest are as firmly fixed as are the customs of giving and not giving during life.

Since all the property of a husband and wife is individual, except that acc.u.mulated by the joint efforts of the two during union, the property of each is divided on death. The survivor of a matrimonial union receives no share of the individual property of the deceased if there are kin. It goes first to the children or grandchildren. If there are none and a parent survives, it goes to the parent. If there are neither children, grandchildren, nor parents it goes to brothers and sisters or their children. If there are none of these relatives the property goes to the uncles and aunts or cousins. This seems to be the extent of the kinship recognized by the Igorot. If there are no relatives the property pa.s.ses to the survivor of the union. If there is no survivor the property pa.s.ses to that friend who takes up the responsibilities of the funeral and accompanying ceremonies. The law of inheritance, then, is as follows: First, lineal descendants; second, ascendants; third, lateral descendants; fourth, surviving spouse; fifth, self-appointed executor who was a personal friend of the deceased.

Primogeniture is recognized, and the oldest living child, whether male or female, inherits slightly more than any of the others. For instance, if there were three or four or five s.e.m.e.nteras per child, the eldest would receive one more than the others.

This law of primogeniture holds at all times, but if there are three boys and one girl the girl is given about the same advantage over the others, it is said, as though she were the eldest. If there are three girls and only one boy, no consideration is taken of s.e.x. When there are only two children the eldest receives the largest or best s.e.m.e.ntera, but he must also take the smallest or poorest one.

It is said that division of the property of the deceased occurs during the days of the funeral ceremonies. This was done on the third day of the ceremonies at the funeral of old Som-kad', mentioned in the section on "Death and Burial?" The laws are rigid, and all that is necessary to be done is for the lawful inheritors to decide which particular property becomes the possession of each. This is neither so difficult nor so conducive of friction as might seem, since the property is very undiversified.

Tribute, tax, and "rake off"

There is no true systematic tribute, tax, or "rake off" among the Bontoc Igorot, nor am I aware that such occurs at all commonly sporadically. However, tribute, tax, and "rake off" are all found in pure Malayan culture in the Archipelago, as among the Moros of the southern islands.

Tribute may be paid more or less regularly by one group of people to a stronger, or to one in a position to hara.s.s and annoy -- for the protection of the stronger, or in acknowledgment of submission, or to avoid hara.s.sment or annoyance. Nothing of the sort exists in Bontoc. The nearest approach to it is the exchange of property, as carabaos or hogs, between two pueblos at the time a peace is made between them -- at which time the one sueing for peace makes by far the larger payment, the other payment being mere form. This transaction, as it occurs in Bontoc, is a recognition of submission and of inferiority, and is, as well, a guarantee of a certain amount of protection. However, such payments are not made at all regularly and do not stand as true tributes, though in time they might grow to be such.

Nothing in the nature of a tax for the purpose of supporting a government exists in Bontoc. The nearest approach to it is in a practice which grew up in Spanish time but is of Igorot origin. When to-day cargadors are required by Americans, as when Government supplies must be brought in, the members of each cargador's ato furnish him food for the journey, though the cargador personally receives and keeps the wage for the trip. The furnishing of food seems to spring from the feeling that the man who goes on the journey is the public servant of those who remain -- he is doing an unpleasant duty for his ato fellows. If this were carried one step further, if the rice were raised and paid for carrying on some regular function of the Igorot pueblo, it would be a true tax. It may be true, and probably is, in pure Igorot society that if men were sent by an ato on some mission for that ato they would receive support while gone. This would readily develop into a true tax if those public duties were to be performed continually, or even frequently with regularity.

"Rake off," or, as it is known in the Orient, "squeeze," is so common that every one -- Malay, Chino, j.a.panese, European, and American -- expects his money to be "squeezed" if it pa.s.ses through another's hands or another is instrumental in making a bargain for him. In much of the Igorot territory surrounding the Bontoc area "rake off"

occurs -- it follows the advent of the "headman." It is one of the direct causes why, in Igorot society, the headman is almost always a rich man. During the hunting stage of human development no "rich man" can come up, as is ill.u.s.trated by the primitive hunter folk of North America. As soon, however, as there are productions which may be traded in, there is a chance for one man to take advantage of his fellows and acc.u.mulate a part of their productions -- this opportunity occurs among primitive agricultural people. The Bontoc area, however, has no "headman," no "rich man," and, consequently, no "rake off."

PART 5

Political Life and Control

It is impossible to put one's hand on any one man or any one group of men in Bontoc pueblo of whom it may be said, "Here is the control element of the pueblo."

Nowhere has the Malayan attained national organization. He is known in the Philippines as a "provincial," but in most districts he is not even that. The Bontoc Igorot has not even a clan organization, to say nothing of a tribal organization. I fail to find a trace of matriarchy or patriarchy, or any mark of a kinship group which traces relationship farther than first cousins.

The Spaniard created a "presidente" and a "vice-presidente" for the various pueblos he sought to control, but these men, as often Ilokano as Igorot, were the avenue of Spanish approach to the natives -- they were almost never the natives' mouthpiece. The influence of such officials was not at all of the nature to create or foster the feeling of political unity.

Aside from these two pueblo officers the government and control of the pueblo is purely aboriginal. Each ato, of which, as has been noted, there are seventeen, has its group of old men called "in-tug-tu'-kan." This in-tug-tu'-kan is not an organization, except that it is intended to be perpetual, and, in a measure, self-perpetuating. It is a thoroughly democratic group of men, since it is composed of all the old men in the ato, no matter how wise or foolish, rich or poor -- no matter what the man's social standing may be. Again, it is democratic -- the simplest democracy -- in that is has no elective organization, no headmen, no superiors or inferiors whose status in the in-tug-tu'-kan is determined by the members of the group. The feature of self-perpetuation displays itself in that it decides when the various men of the ato become am-a'-ma, "old men,"

and therefore members of the in-tug-tu'-kan. A person is told some day to come and counsel with the in-tug-tu'-kan, and thenceforth he is a member of the group.

In all matters with which the in-tug-tu'-kan deals it is supreme in its ato, but in the ato only; hence the opening statement of the chapter that no man or group of men holds the control of the pueblo. The life of the several ato has been so similar for such a number of generations that, in matters of general interest, the thoughts of one in-tug-tu'-kan will be practically those of all others. For instance, there are eight ceremonial occasions on which the entire pueblo rests from agricultural labors, simply because each ato observes the same ceremonials on identical days. In one of these ceremonials, all the men of the entire pueblo have a rock contest with all the men of Samoki. Again, when a person of the pueblo has been killed by another pueblo treacherously or in ambush, or in any way except by fair fight, the pueblo as a unit hastens to avenge the death on the pueblo of the slayer.

In such matters as these -- matters of common defense and offense, matters of religion wherein food supply is concerned -- custom has long since crystallized into an act of democratic unity what may once have been the result of the councils of all the in-tug-tu'-kan of the pueblo. It is customary for an ato to rest from agricultural labor on the funeral day of any adult man, but the entire pueblo thus seeks to honor at his death the man who was old and influential.

There is little differentiation of the functions of the in-tug-tu'-kan. It hears, reviews, and judges the individual disagreements of the members of the ato and makes laws by determining custom. It also executes its judgments or sees that they are executed. It makes treaties of peace, sends and accepts or rejects challenges of war for its ato. In case of interato disagreements of individuals the two in-tug-tu'-kan meet and counsel together, representing the interests of the persons of their ato. In other words, the pueblo is a federation made up of seventeen geographical and political units, in each of which the members recognize that their sanest, ripest wisdom dwells with the men who have had the longest experience in life; and the group of old men -- sometimes only one man and sometimes a dozen -- is known as in-tug-tu'-kan, and its wisdom is respected to the degree that it is regularly sought and is accepted as final judgment, being seldom ignored or dishonored. In matters of a common interest the pueblo customarily acts as a unit. Probably could it not so act, factions would result causing separation from the federation. This state of things is hinted as one of the causes why the ancestors of present Samoki separated from the pueblo of Bontoc. The fact that they did separate is common knowledge, and a cause frequently a.s.signed is lack of s.p.a.ce to develop. However, there may have been disagreement.

Crimes, detection and punishment

Theft, lying to shield oneself in some criminal act, a.s.sault and battery, adultery, and murder are the chief crimes against Igorot society.

There are tests to determine which of several suspects is guilty of a crime. One of these is the rice-chewing test. The old men of the ato interested a.s.semble, in whose presence each suspect is made to chew a mouthful of raw rice, which, when it is thoroughly masticated, is ejected on to a dish. Each mouthful is examined, and the person whose rice is the driest is considered guilty. It is believed that the guilty one will be most nervous during the trial, thus checking a normal flow of saliva.

Another is a hot-water test. An egg is placed in an olla of boiling water, and each suspect is obliged to pick it out with his hand. When the guilty man draws out the egg the hot water leaps up and burns the forearm.

There is an egg test said to be the surest one of all. A battle-ax blade is held at an angle of about 60 degrees, and an egg is placed at the top in a position to slide down. Just before the egg is freed from the hand the question is asked "Is Liod (the name of the man under trial) guilty?" If the egg slides down the blade to the bottom the man named is innocent but if it sticks on the ax he is guilty.

There is also a blood test employed in Bontoc pueblo, and also to the west, extending, it is said, into Lepanto Province. An instrument consisting of a sharp spike of iron projecting about one-sixteenth of an inch from a handle with broad shoulders is placed against the scalp of the suspects and the handle struck a sharp blow. The projecting shoulder is supposed to prevent the spike from entering the scalp of one farther than that of another. The person who bleeds most is considered guilty -- he is "hot headed."

I was once present at an Igorot trial when the question to be decided was whether a certain man or a certain woman had lied. The old men examined and cross-questioned both parties for fully a quarter of an hour, at which time they announced that the woman was the liar. Then they brought a test to bear evidence in binding their decision. They killed a chicken and cut it open. The gall was found to be almost entirely exposed on the liver -- clearly the woman had lied. She looked at the all-knowing gall and nodded her acceptance of the verdict. If the gall had been hidden by the upper lobe of the liver, the verdict would not have been sustained.

If a person steals palay, the injured party may take a s.e.m.e.ntera from the offender.

If a man is found stealing pine wood from the forest lands of another, he forfeits not only all the wood he has cut but also his working ax.

The penalty for the above two crimes is common knowledge, and if the crime is proved there is no longer need for the old men to make a decision -- the offended party takes the customary retributive action against the offender.

Cases of a.s.sault and battery frequently occur. The chief causes are lovers' jealousies, theft of irrigating water during a period of drought, and dissatisfaction between the heirs of a property at or shortly following the time of inheritance.

It is customary for the old men of the interested ato to consider all except common offenses unless the parties settle their differences without appeal.

A fine of chickens, pigs, s.e.m.e.nteras, sometimes even of carabaos, is the usual penalty for a.s.sault and battery.

Adultery is not a common crime. I was unable to learn that the punishment for adultery was ever the subject for a council of the old men. It seems rather that the punishment -- death of the offenders -- is always administered naturally, being prompted by shocked and turbulent emotions rather than by a council of the wise men. In Igorot society the spouse of either criminal may take the lives of both the guilty if they are apprehended in the crime. To-day the group consciousness of the penalty for adultery is so firmly fixed that adulterers are slain, not necessarily on the spur of the moment of a suspected crime but sometimes after carefully laid plans for detection. A case in question occurred in Suyak of Lepanto Province. A man knew that his faithless wife went habitually at dusk with another man to a secluded spot under a fallen tree. One evening the husband preceded them, and lay down with his spear on the tree trunk. When the guilty people arrived he killed them both in their crime, thrusting his spear through them and pinning them to the earth.

Among a primitive people whose warfare consists much in ambushing and murdering a lone person it is not always possible to predict whether the taking of human life will be considered a criminal act or an act of legitimate warfare.

It is considered warfare by the group of the murdered person, and as such to be met by return warfare unless the group of the murderer is a friendly one and at once comes to the offended people to sue for continued peace. This applies to political groups within a pueblo as well as to the people of distinct pueblos.

When murder is considered simply as a crime, its punishment may be one of two cla.s.ses: First, the murderer may lose his life at the hands of his own group; second, the crime may be compounded for the equivalent of the guilty man's property. In this case the settlement is between the guilty person and the political group of the victim, and the value of the compound is consumed by feastings of the group. No part of the price is paid the family of the deceased as a compensation for the loss of his labor and other a.s.sistance.

The three following specific cases of misdemeanors will ill.u.s.trate somewhat, more fully the nature of differences which arise between individuals in pure Igorot society:

In Samoki early in November, 1902, Bisbay p.a.w.ned an iron pot -- a sugar boiler -- to Yagao for 4 pesos. In about two months, when sugar season was on, Bisbay went to redeem his property, but Yagao would neither receive the money nor give up the boiler. The old men of the ato counseled together over the matter, and, as a result, Yagao received the 4 pesos and returned the pot, and the matter was thus amicably settled between the two.

Early in January, 1903, Mowigas, of the pueblo of Ganang, cut and destroyed the gra.s.shopper basket of Dadaag, of the pueblo of Mayinit, and also slightly cut Dadaag with his ax, but did not attempt to kill him. The cause of the a.s.sault was this: Mowigas had killed a chicken and was having a ceremonial in his house at the time Dadaag pa.s.sed with his basket of gra.s.shoppers. According to Igorot custom he should not have taken gra.s.shoppers past a house in which such a ceremony was being performed. The breach made it necessary to hold another ceremony, killing another chicken. Old men from Mayinit, the pueblo of Dadaag, came to Ganang and told Mowigas he would have to pay 3 pesos for his conduct, or Mayinit would come over and destroy the town. He paid the money, whereas the basket was worth only one-sixth the price. Trouble was thus averted, and the individuals reconciled. In this case the two pueblos are friends, but Mayinit is much stronger than Ganang, and evidently took advantage of the fact.

In January, 1903, a woman and her son, of t.i.tipan, stole camotes of another t.i.tipan family. The old men of the two ato of the interested families fined the thieves a hog. The fine was paid, and the hog eaten by the old men of the two ato.

Very often the fine paid by the offender pa.s.ses promptly down the throats of the jury. However, it is the only compensation for their services in keeping the peace of the pueblo, so they look upon it as their rightful share -- it is the "lawyer's share" with a vengeance.