History of the Conquest of Mexico; vol. 1/4Prescott, William Hickling
History
History of the Conquest of Mexico; vol. 1/4
Prescott, William Hickling
Cortés, Hernán, 1485-1547; Mexico -- History -- Conquest, 1519-1540
It cannot be denied that we recognize, in all this, several features of
the feudal system,[55] which, no doubt, lose nothing of their effect
under the hands of the Spanish writers, who are fond of tracing
analogies to European institutions. But such analogies lead sometimes to
very erroneous conclusions. The obligation of military service, for
instance, the most essential principle of a fief, seems to be naturally
demanded by every government from its subjects. As to minor points of
resemblance, they fall far short of that harmonious system of reciprocal
service and protection which embraced, in nice gradation, every order of
a feudal monarchy. The kingdoms of Anahuac were in their nature
despotic, attended, indeed, with many mitigating circumstances unknown
to the despotisms of the East; but it is chimerical to look for much in
common--beyond a few accidental forms and ceremonies--with those
aristocratic institutions of the Middle Ages which made the court of
every petty baron the precise image in miniature of that of his
sovereign.
The legislative power, both in Mexico and Tezcuco, resided wholly with
the monarch.[56] This feature of despotism, however, was in some measure
counteracted by the constitution of the judicial tribunals,--of more
importance, among a rude people, than the legislative, since it is
easier to make good laws for such a community than to enforce them, and
the best laws, badly administered, are but a mockery. Over each of the
principal cities, with its dependent territories, was placed a supreme
judge, appointed by the crown, with original and final jurisdiction in
both civil and criminal cases. There was no appeal from his sentence to
any other tribunal, nor even to the king. He held his office during
life; and any one who usurped his ensigns was punished with death.[57]
Below this magistrate was a court, established in each province, and
consisting of three members. It held concurrent jurisdiction with the
supreme judge in civil suits, but in criminal an appeal lay to his
tribunal. Besides these courts, there was a body of inferior
magistrates, distributed through the country, chosen by the people
themselves in their several districts. Their authority was limited to
smaller causes, while the more important were carried up to the higher
courts. There was still another class of subordinate officers, appointed
also by the people, each of whom was to watch over the conduct of a
certain number of families and report any disorder or breach of the laws
to the higher authorities.[58]
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