172 THE MANOBOS OF MINDANAO— GARVAN [MKM To" A xxr# 



GENERAL FEATURES OF A GREATER ARBITRATION 



The general features of the procedure are the following: The policy of the aggrieved one 

 and of his party is to maintain a loud, menacing attitude, and to insist on a fine three or four hun- 

 dred times larger than they expect to be paid. The accused and his relatives keep up a firm 

 attitude, not so firm, however, as to incense unduly their opponents, and from the beginning 

 make an offer of a paltry sum in payment. 



Although everybody at times may break into the discussion, or all may yell at the same time, 

 the ordinary procedure is to allow each one to speak singly and to finish what he has to say. 

 The others listen and assent by such expressions as correspond to our "yes indeed," "true," 

 etc., whether they are in accord with the speaker's opinions or not. These lengthy talks are, at 

 least to an outsider, most wearisome, given, as they are, in a dreary monotone, but they explain 

 the inordinate length of arbitrations that may last for several days. 



The whole party is squatted on the floor and makes use of grains of corn, of pieces of wood or 

 leaf, of the bamboo slats of the floor, of their fingers and toes or of anything convenient, to aid 

 them in the enumeration of the objects of which they treat. Everybody is armed, probably with 

 his hand on his weapon, and his eyes alert. In very serious cases women and children may not 

 be present. This, of course, is an indication of possible bloodshed and is a very rare occurrence. 



The chiefs or other influential men who have been selected to aid each side in the settlement 

 take a conspicuous part in the proceedings and help to influence the parties concerned to come 

 to an understanding, but it can not be said that their word is paramount. The contestants' own 

 relatives have more weight than anyone else. The procedure at a Manobo arbitration may be 

 likened to that of a jury when in retirement. Point after point is discussed, similitudes and 

 allegories are brought up by each speaker until, after wearisome hours or days, the opinion of 

 each side has been molded sufficiently to bring them into agreement. In one respect it differs 

 from the jury method in that loud shouts and threats are made use of occasionally, proceeding 

 either from natural vehemence or from a deliberate intention on one side to intimidate the other. 



It is not good form for the defendant to yield readily. On the contrary, it is in accordance 

 with Man6bo custom and character to yield with reluctance, feigned if not real. When a small 

 pig is really considered a sufficient payment, a large one is demanded. When the pig is received 

 and is really in conformity with the contract, defects are found in it — it is lean or sick or short or 

 light in weight — in a word, it is depreciated in one way or another. The giver, on the contrary, 

 exaggerates its value, descants on its size, length, form, and weight, tells of the exorbitant price 

 he paid for it, reminds the receiver of the difficulty of procuring pigs at this season, and in general 

 manifests his reluctance to part with it. 



It must not be supposed that such actions and statements are believed at once. On the 

 contrary, it is only after lengthy talks on each side that opinions are formed, an agreement 

 entered into, a contract is drawn up, or reparation made. It is the identical case of stubborn 

 jurymen. 



In the settlement of these disputes much depends upon the glibness of tongue and on the 

 sagacity of one or more of the principal men. For were it not for their skill in understanding the 

 intricacies of the subject and in sidetracking irrelevant claims the disputes would be impossible 

 of satisfactory arrangement. This will be understood more readily if it is borne in mind that 

 outside of the reasonable facts of the case, counterclaims are made by the debtor or the accused 

 party. These claims are sometimes of an extraordinary nature and date back to the time of 

 his grandfather or other distant relative. Thus he may say that his opponent's great uncle 

 owed his grandfather a human life and that this blood debt has never been paid nor revenge 

 obtained. Such an affirmation as this will be corroborated by his relatives and they may im- 

 mediately break out into menaces of vengeance. Again, he may aver that his opponent was 

 reputed to have had a charm by which death might be caused, and that his son had died as a 

 result of this use of evil magic powers. Whereupon the other vigorously repudiates the imputa- 

 tion and demands a slave in payment of the slander. It is only the popularity of the chief men, 

 their reputation for fair dealing, their sagacity, and perhaps their relationship with the respec- 



