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
The judges of the higher tribunals were maintained from the produce of a
part of the crown lands, reserved for this purpose. They, as well as the
supreme judge, held their offices for life. The proceedings in the
courts were conducted with decency and order. The judges wore an
appropriate dress, and attended to business both parts of the day,
dining always, for the sake of despatch, in an apartment of the same
building where they held their session; a method of proceeding much
commended by the Spanish chroniclers, to whom despatch was not very
familiar in their own tribunals. Officers attended to preserve order,
and others summoned the parties and produced them in court. No counsel
was employed; the parties stated their own case and supported it by
their witnesses. The oath of the accused was also admitted in
evidence.[62] The statement of the case, the testimony, and the
proceedings of the trial were all set forth by a clerk, in
hieroglyphical paintings, and handed over to the court. The paintings
were executed with so much accuracy that in all suits respecting real
property they were allowed to be produced as good authority in the
Spanish tribunals, very long after the Conquest; and a chair for their
study and interpretation was established at Mexico in 1553, which has
long since shared the fate of most other provisions for learning in that
unfortunate country.[63]
A capital sentence was indicated by a line traced with an arrow across
the portrait of the accused. In Tezcuco, where the king presided in the
court, this, according to the national chronicler, was done with
extraordinary parade. His description, which is of rather a poetical
cast, I give in his own words. “In the royal palace of Tezcuco was a
court-yard, on the opposite sides of which were two halls of justice. In
the principal one, called the ‘tribunal of God,’ was a throne of pure
gold, inlaid with turquoises and other precious stones. On a stool in
front was placed a human skull, crowned with an immense emerald of a
pyramidal form, and surmounted by an aigrette of brilliant plumes and
precious stones. The skull was laid on a heap of military weapons,
shields, quivers, bows, and arrows. 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. Above the throne was a canopy of variegated plumage, from the
centre of which shot forth resplendent rays of gold and jewels. The
other tribunal, called ‘the King’s,’ was also surmounted by a gorgeous
canopy of feathers, on which were emblazoned the royal arms. Here the
sovereign gave public audience and communicated his despatches. But when
he decided important causes, or confirmed a capital sentence, he passed
to the ‘tribunal of God,’ attended by the fourteen great lords of the
realm, marshalled according to their rank. Then, putting on his mitred
Public-domain text, read in full here on John Shaqi.
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