formance of a contract was severely punished. Partnerships were formed and the respective obligations of the partners enforced.

17. The Code of Calantiao. The penal law was the most extensive. Penalties were severe, and compared with those of the present laws, appear cruel and illogical. However, pre-Spanish penal laws compared favorably with Greek and Roman laws as well as with the contemporary Spanish and English criminal laws.1

There has recently been discovered a brief penal code, believed to have been promulgated by Calantiao, third chief of Panay in the year 1433.2 It is as follows:

"Ye shall not kill; neither shall ye steal; neither shall ye do hurt to the aged; lest ye incur the danger of death. All those who infringe this order shall be condemned to death by being drowned with stones in the river, or in boiling water.

"Ye shall obey. Let all your debts with the headmen (principales) be met punctually. He who does not obey shall receive for the first offense one hundred lashes. If the debt is large, he shall be condemned to thrust his hand thrice into boiling water. For the second offense, he shall be condemned to be beaten to death.

"Observe and obey ye: let no one disturb the quiet of graves. When passing by the caves and trees where they are, give respect to them.

1 Gregorio Araneta, "Penal Legislation of the Philippine Islands,” III, Philippine Law Review, February, 1914, pages 175, 179.

2 José Maria Pavon Aranguru, Las Antiguas Leyendas de la Isla de Negros, (The Ancient Legends of the Island of Negros) (1838), recovered and translated into English by Dr. James A. Robertson under the title, "Social structure of, and Ideas of Law among, early Philippine peoples, and a recently discovered Pre-historic Criminal Code of the Philippine Islands.” Stephens and Bolton, The Pacific Ocean in History, page 160.

"Ye shall obey: he who makes exchange for food, let it be always done in accordance with his word. He who does not comply, shall be beaten for one hour, he who repeats the offense shall be exposed for one day among ants.

"They shall be burned: Those who by their strength or cunning have mocked at and escaped punishment; or who have killed young boys; or try to steal away the women of agorangs (rich men).

"Those shall be killed who profane sites where idols are kept, and sites where are buried the sacred things of their diuatas (spirits) and headmen.”

18. Judicial Procedure. The chief, assisted at times by old men of his barangay or by a neighboring chief, acted as judge in all cases of litigation between his subjects. He heard the witnesses and judged the case according to usage and law. When the litigants belonged to different barangays, or the controversy was between two chiefs, and even at other times, arbitrators were chosen, who gave judgment.

Trials were public. Oaths were administered. The oath taken by the principal men of Manila and Tondo in promising obedience to the Catholic Kings of Spain in 1571, was as follows: "May the sun divide us in halves, the alligators bite us, the women refuse us their favors and refuse to love us well, if we do not keep our word." Appeals were recognized. The usual procedure is described by Father Colin as follows: "For the determination of their suits, both civil and criminal, there was no other judge than the said chief, with the assistance of some old men of the same barangay. With them the suit was determined in the following form: They had the opponents summoned, and endeavored to have them come to an agreement. But if they would not agree, then an oath was administered to each one, to the effect that

he would abide by what was determined to be done. Then they called for witnesses, and examined summarily. If the proof was equal on both sides, the difference was split; but, if it were unequal, the sentence was given in favor of the one who conquered. If the one who was defeated resisted, the judge made himself a party to the cause, and all of them at once attacked with the armed band the one defeated, and execution to the required amount was levied upon him. The judge received the larger share of this amount, and some was paid to the witnesses of the one who won the suit, while the poor litigant received the least.

"In criminal causes there were wide distinctions made because of the rank of the murdered and the slain; and if the latter were a chief, all his kinsmen went to hunt for the murderer and his relatives, and both sides engaged in war, until mediators undertook to declare the quantity of gold due for that murder, in accordance with the appraisals which the old men said ought to be paid according to their custom. One half of that amount belonged to the chiefs and the other half was divided among the wife, children, and relatives of the deceased.” 1

The procedure in cases of theft is given by Father Colin as follows:

"In a matter of theft, if the crime were proved, but not the criminal, and more than one person was suspected, a canonical clearance from guilt had to be made in the following form. First, they obliged each person to put in a heap a bundle of cloth, leaves, or anything else that they wished, in which they might discover the article stolen. If the article stolen was found in the heap at the end of this effort, then the suit ceased: if not, one of three methods was tried. First,

1 Francisco Colin, Native Races and Their Customs, 1663, XL, Blair and Robertson, The Philippine Islands, pages 84-86.

the suspected persons were placed in the part of the river where it was deepest, each one with his wooden spear in his hand. Then at the same time they all plunged under the water, for all are equal in this, and he who came out first was regarded as the criminal. Consequently, many let themselves drown for fear of punishment. The second was to place a stone in a vessel of boiling water, and to order them to take it out. He who refused to put his hand into the water paid the penalty for the theft. Thirdly, each one was given a wax candle of the same wick, and of equal size and weight. The candles were lighted at the same time, and he whose candle first went out was the culprit."1

19. Conclusion. - Defects of organization are not hard to ascertain. Apolinario Mabini, the Filipino statesman, admits that "the sentiment of national unity or solidarity did not exist."2 Professor Bourne's opinion is that the political and social organization of the early Filipinos "was deficient in cohesion. There were no well-established native states, but rather congeries of small groups something like clans." 3 Political organization and centralized, extended state authority were lacking.

On the other hand, the natives of the Philippines had the same relative civilization as has been shown in the early history of all progressive races. Dr. James A. Robertson is of the opinion that long before the Spanish discovery the state of culture of the ancestors of the present-day Filipinos had advanced into the lower stages of civilization. Judge

1 Francisco Colin, Native Races and Their Customs, 1663, XL, Blair and Robertson, The Philippine Islands, pages 84-86.

2 La Revolución Filipina (The Philippine Revolution), page 8.

3 Historical Introduction to Blair and Robertson, The Philippine Islands, vol. I, pages 38, 39. See also Barrows, History of the Philippines, 2d ed., page 102. 4 "Social Structure of, and Ideas of Law among, Early Philippine Peoples," in Stephens and Bolton, The Pacific Ocean in History, page 160.