Page:The Philippine Islands, 1493-1803 (Volume 07).djvu/181

 a confusion of the two terms, many have been classed as slaves who really are not. The Indians seeing that the alcaldes-mayor do not understand this, have adopted the custom of taking away the children of the aliping namamahay, making use of them as they would of the aliping sa guiguilir, as servants in their households, which is illegal, and if the aliping namamahay should appeal to justice, it is proved that he is an aliping as well as his father and mother before him and no reservation is made as to whether he is aliping namamahay or aliping sa guiguilir. He is at once considered an alipin, without further declaration. In this way he becomes a sa guiguilir, and is even sold. Consequently, the alcaldes-mayor should be instructed to ascertain, when anyone asks for his alipin, to which class he belongs, and to have the answer put in the document that they give him.

In these three classes, those who are maharlicas on both the father's and mother's side continue to be so forever; and if it happens that they should become slaves, it is through marriage, as I shall soon explain. If these maharlicas had children among their slaves, the children and their mothers became free; if one of them had children by the slave-woman of another, she was compelled, when pregnant, to give her master half of a gold tael, because of her risk of death, and for her inability to labor during the pregnancy. In such a case half of the child was free—namely, the half belonging to the father, who supplied the child with food. If he did not do this, he showed that he did not recognize him as his child, in which case the latter was wholly a slave. If a free woman had children by a slave, they were all free, provided he were not her husband.