History of the Conquest of Peru: With a Preliminary View of the Civilization of the Incas — John Shaqi
History of the Conquest of Peru: With a Preliminary View of the Civilization of the IncasPrescott, William Hickling
History
History of the Conquest of Peru: With a Preliminary View of the Civilization of the Incas
Prescott, William Hickling
Incas; Peru -- History -- Conquest, 1522-1548
The laws were few and exceedingly severe. They related almost
wholly to criminal matters. Few other laws were needed by a
people who had no money, little trade, and hardly any thing that
could be called fixed property. The crimes of theft, adultery,
and murder were all capital; though it was wisely provided that
some extenuating circumstances might be allowed to mitigate the
punishment. *8 Blasphemy against the Sun, and malediction of the
Inca, - offences, indeed, of the same complexion, - were also
punished with death. Removing landmarks, turning the water away
from a neighbour's land into one's own, burning a house, were all
severely punished. To burn a bridge was death. The Inca allowed
no obstacle to those facilities of communication so essential to
the maintenance of public order. A rebellious city or province
was laid waste, and its inhabitants exterminated. Rebellion
against the "Child of the Sun" was the greatest of all crimes. *9
[Footnote 8: Ondegardo, Rel. Prim., Ms. - Herrera, Hist. General,
dec. 5, lib. 4, cap 3.
Theft was punished less severely, if the offender had been really
guilty of it to supply the necessities of life. It is a singular
circumstance, that the Peruvian law made no distinction between
fornication and adultery, both being equally punished with death.
Yet the law could hardly have been enforced, since prostitutes
were assigned, or at least allowed, a residence in the suburbs of
the cities. See Garcilasso, Com Real., Parte 1, lib. 4, cap.
34.]
[Footnote 9: Sarmiento, Relacion, Ms., cap. 23.
"I los traidores entre ellos llamava aucaes, i esta palabra es la
mas abiltada de todas quantas pueden decir aun Indio del Piru,
que quiere decir traidor a su Senor." (Cong. i Pob. del Piru,
Ms.) "En las rebeliones y alzamientos se hicieron los castigos
tan asperos, que algunas veces asolaron las provincias de todos
los varones de edad sin quedar ninguno." Ondegardo, Rel. Prim.,
Ms.]
The simplicity and severity of the Peruvian code may be thought
to infer a state of society but little advanced; which had few of
those complex interests and relations that grow up in a civilized
community, and which had not proceeded far enough in the science
of legislation to economize human suffering by proportioning
penalties to crimes. But the Peruvian institutions must be
regarded from a different point of view from that in which we
study those of other nations. The laws emanated from the
sovereign, and that sovereign held a divine commission, and was
possessed of a divine nature. To violate the law was not only to
insult the majesty of the throne, but it was sacrilege. The
slightest offence, viewed in this light, merited death; and the
gravest could incur no heavier penalty. *10 Yet, in the
infliction of their punishments, they showed no unnecessary
cruelty; and the sufferings of the victim were not prolonged by
the ingenious torments so frequent among barbarous nations. *11
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