"Beyond a few accidental forms and ceremonies, the correspondence was,
however, of the slightest. The legislative power both in Mexico and
Tezcuco had this feature of despotism; it rested wholly with the
monarch. The constitution of the judicial tribunals in some degree
counteracted the evil tendency of this despotism. Supreme judges
appointed over each of the principal cities by the crown had original
and final jurisdiction over both civil and criminal cases. From the
sentence of such a judge there was no appeal to any other tribunal, not
even to that of the King.
"It is worthy of notice as showing that some sense of justice is inborn;
as even among this comparatively rude people we read that under a
Tezcucan prince a judge was put to death for taking a bribe, and another
for determining suits in his own house (a capital offence also, by law.)
According to a national chronicler, the statement of the case, the
testimony, and proceedings of the trial were all set forth by a clerk,
in hieroglyphical paintings, and handed to the court.
"In Montezuma's day the tardiness of legal processes must have gone
miles beyond the red tape of a nineteenth-century court of justice.
"This vivid picture of the pomp and circumstance attendant upon the
confirmation of a capital sentence by the king is presented by one of
the Mexican native chroniclers:
"'The King, attended by fourteen great lords of the realm, passed into
one of the halls of justice opening from the courtyard of the palace,
which was called "the tribunal of God," and was furnished with a throne
of pure gold, inlaid with turquoises and other precious stones.
"'The walls were hung with tapestry, made of the hair of different wild
animals, of rich and various colors, festooned by gold rings, and
embroidered with figures of birds and flowers. Putting on his mitred
crown, incrusted with precious stones, and holding, by way of sceptre, a
golden arrow in his left hand, the King laid his right upon a human
skull, placed for the occasion on a stool before the throne, and
pronounced judgment. No counsel was employed and no jury. The case had
been stated by plaintiff and defendant, and, as with us, supported on
either side by witnesses. The oath of the accused was, with the Aztecs,
also admitted in evidence.
"'The great crimes against society were all made capital.
"'Among them murder (even of a slave) was punishable with death.
Adulterers, as among the Jews, were stoned to death. Thieving, according
to the degree of the offence, was punished with slavery or death. It was
a capital offence to remove the boundaries of an estate, and for a
guardian not to be able to give a good account of his ward's property.
"'Prodigals, who squandered their patrimony, were punished. Intemperance
in the young was punished with death; in older persons, with loss of
rank, and confiscation of property.
Public-domain text, read in full here on John Shaqi.
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