Mexican archæology : $b an introduction to the archæology of the Mexican and Mayan civilizations of pre-Spanish AmericaJoyce, Thomas Athol
History
Mexican archæology : $b an introduction to the archæology of the Mexican and Mayan civilizations of pre-Spanish America
Joyce, Thomas Athol
Mayas -- Antiquities; Mexico -- Antiquities
Little, too, is known of the judicial arrangements; official advocates
and a kind of police existed, and important cases in provincial
villages were referred to the overlords, whose power was absolute.
In the case of minor offences, the local chief had jurisdiction,
and if the parties belonged to different villages, the chief of the
offender’s village would send satisfaction to the other, or else strife
resulted. For many offences, even homicide if accidental, compensation
was possible, and the relations of the guilty person would assist
him in paying the fine, though the right of retaliation in cases of
manslaughter lay with the relations of the deceased. If the injury
were obviously malicious, the question was rarely settled without
the parties coming to blows. For theft the culprit was compelled
to restore the plunder, and if he could not he was enslaved; thus
the number of slaves in the community was considerably increased in
times of famine, for nearly all cases of stealing were connected with
food. Captives of lower rank also became slaves, but any slave might
redeem himself, though children born in slavery remained slaves until
compensation was paid to their owners. Slaves could be sold, but if
one died or escaped soon after his purchase, part of the price paid
for him could be reclaimed. The robbing of a minor was considered a
particularly disgraceful offence. In ordinary cases a man’s property
was divided among his sons, those who had contributed most towards its
increase receiving a larger share. Daughters had no right to any of
the inheritance, though they were usually given a portion. If there
were no sons, the property went to the nearest male relations, but if
the sons were still young, guardians were appointed to provide the
mother with the necessaries for their education. The arrangements were
made in the presence of the local chief and the principal men of the
place, and any dishonesty on the part of the guardians involved them in
infamy; however, we are told that the system was the cause of frequent
quarrels. Matrimonial cases were not infrequent, but the punishment was
severe; the male culprit was tied to a post in the chief’s quarter and
handed over to the injured husband, who might accept compensation, or
take his revenge by smashing the head of his supplanter with a stone.
The woman incurred perpetual obloquy, no light punishment, and was
usually divorced by her husband. Among the Kakchiquel we read of an
execution by fastening a prisoner to a tree and shooting at him with
arrows, while among the Tzutuhil of Atitlan hanging and quartering were
practised. At the latter locality the chief would send a relation to
enquire into offences committed in outlying villages; his decision was
without appeal, and in cases involving a fine he received one-half as
payment for his services. It is probable that similar systems prevailed
generally among the Quiché and Kakchiquel.
Public-domain text, read in full here on John Shaqi.
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