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
In Tezcuco the judicial arrangements were of a more refined
character;[59] and a gradation of tribunals finally terminated in a
general meeting or parliament, consisting of all the judges, great and
petty, throughout the kingdom, held every eighty days in the capital,
over which the king presided in person. This body determined all suits
which, from their importance or difficulty, had been reserved for its
consideration by the lower tribunals. It served, moreover, as a council
of state, to assist the monarch in the transaction of public
business.[60]
Such are the vague and imperfect notices that can be gleaned, respecting
the Aztec tribunals, from the hieroglyphical paintings still preserved,
and from the most accredited Spanish writers. These, being usually
ecclesiastics, have taken much less interest in this subject than in
matters connected with religion. They find some apology, certainly, in
the early destruction of most of the Indian paintings, from which their
information was, in part, to be gathered.
On the whole, however, it must be inferred that the Aztecs were
sufficiently civilized to evince a solicitude for the rights both of
property and of persons. The law, authorizing an appeal to the highest
judicature in criminal matters only, shows an attention to personal
security, rendered the more obligatory by the extreme severity of their
penal code, which would naturally have made them more cautious of a
wrong conviction. The existence of a number of co-ordinate tribunals,
without a central one of supreme authority to control the whole, must
have given rise to very discordant interpretations of the law in
different districts. But this is an evil which they shared in common
with most of the nations of Europe.
The provision for making the superior judges wholly independent of the
crown was worthy of an enlightened people. It presented the strongest
barrier that a mere constitution could afford against tyranny. It is
not, indeed, to be supposed that, in a government otherwise so despotic,
means could not be found for influencing the magistrate. But it was a
great step to fence round his authority with the sanction of the law;
and no one of the Aztec monarchs, so far as I know, is accused of an
attempt to violate it.
To receive presents or a bribe, to be guilty of collusion in any way
with a suitor, was punished, in a judge, with death. Who, or what
tribunal, decided as to his guilt, does not appear. In Tezcuco this was
done by the rest of the court. But the king presided over that body. The
Tezcucan prince Nezahualpilli, who rarely tempered justice with mercy,
put one judge to death for taking a bribe, and another for determining
suits in his own house,--a capital offence, also, by law.[61]
Public-domain text, read in full here on John Shaqi.
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