Note 37 — Chapter XIV

Judges in suits or causes follow the simple laws of nature, and have no embarrassment of laws and doubts and contrary interpretations. They have no delays by reports or prolixity of writs, for they do not waste a single dedo37 of paper in that. The accusation, the plea, and the evidence are quickly heard—all in the manner of the time of Noah. If there is no testimony, they admit the parties to the oath, which contains terrifying imprecations. With that plea the party is usually content; for the obligation and risk, to which he is exposed by results which are reckoned as punishments of heaven against perjured ones if the rigor of their imprecations is executed, are greatly feared. If perchance the party is satisfied that he has truth on his side, at his petition they do not rest content with that trial, but judgment of red-hot coals or hot iron,38 such as was resorted to in España and other countries, in centuries ruder and more immune from laws by the privilege of their innocence and goodness. If the persons are burned, then their punishment is proceeded with; and if not, the accuser is obliged to make requital. That custom seems to have been communicated by the Moros by way of Terrenate, where it is still observed. However, no one is burned, for since the Ternatans are so skilled in sorcery, they know herbs of such efficacy and bewitchments of such power, that they communicate it to the hands so that they can handle the iron with impunity, as if it were a nosegay of flowers. Also many of those whom they bury alive, that being the punishment of adultery and rape, escape. I say this, for it often occurred that persons escaped from the execution of this test, in the sight of the Spaniards at Ternate, women whose guilt was notorious, but who cleared themselves of suspicion among their people by this proof. I was told many happenings of this sort, during the time that I spent in those islands [i.e., the Moluccas]; and I was assured that it was done by means of an herb, and I was shown some that were famous in its knowledge. These were the ones to whom the accused had recourse in all their exigencies, suborning their expertness with a quantity of money.