were not
found, the following means were employed. Each suspect was made to
enter a river with a good bottom, staff in hand, and then all at once
plunged under. The first one who came up, because he could no longer
hold his breath, was regarded as the thief of the stolen goods, for
his remorse of conscience, they said, took away his breath. On that
account, many were drowned for fear of punishment. The other means
was to place a stone in a vessel of boiling water, and to order the
suspects to take it out with the hand, and he who refused to put in
his hand paid for the theft. Another means was to give them each a wax
candle with wicks of equal length, and of the same size and weight,
all lit at the same instant; and he whose candle went out first was
regarded as the culprit. Of all this, and in all the other suits and
civil or criminal causes, the chief took half the gold, and the other
half was divided among joint judges and witnesses; and scarce a bit
was left for the poor creditor, litigant, or owner. This was one of
the greatest sources of gain to the chiefs and datos, and offered the
best opportunity for them to exercise their tyranny with the poor,
even were the latter guiltless.
483. Adultery was not punishable corporally, but the adulterer paid a
certain sum to the aggrieved party; and that was sufficient so that
the honor of the latter was restored and his anger removed. They
paid no attention to concubinage, rape, and incest, unless the crime
were committed by a timava on a woman of rank. On the contrary, the
committal of such sins openly was very common, for all of them were
very much inclined to this excess; but I cannot find that they were
addicted to the sin against nature in the olden time. Verbal insults,
especially to chiefs, women, and old men, were regarded as deserving
the severest kind of punishment, and it was difficult to obtain the
pardon of the aggrieved.
CHAPTER XLV
Of other customs of these peoples, and in regard to their
marriage, dowries, children, and issue
484. It is not known whether these natives divided the time into
hours, days, weeks, months, or years, or made any other division
of time. As this was necessary to them for the reckoning of their
commerce, trade, and contracts (in which they all engaged), they used
for reckoning their times of payment, and for other transactions and
business of their government--for the hours, the state of the sun in
the sky, th
|