Justice was administered in a summary manner by the cacique, who
personally heard plaints and disputes and gave such judgment as he
thought fit. In the matter of damage to property the guilty party was
made to compensate the injured by payment of his own goods. If he had no
property, his relatives had to pay for him. This penalty of fining was
the usual punishment for accidental homicide and unintentional arson and
in the case of conjugal quarrels. Adultery was regarded as a grave
offence when committed with a married woman. Accusation of adultery
having been notified, the cacique, accompanied by the tribal elders,
held a court, when with the greatest solemnity, and in the presence of
the injured husband, the adulterer was tied hand and foot to a post of
infamy. He was then at the disposal of the injured man. The latter could
pardon him if he wished, or could take his life there and then by
smashing in his head with a stone. The woman in fault suffered no bodily
punishment, but was branded with infamy and usually repudiated by her
husband. It is obvious that much respect was shown to women, for the
penalty of death was meted out to any man who was guilty of outrage or
rape, technical or actual. The cacique always condemned the offender to
be stoned, and the penalty was inflicted by the whole village. Nobody,
not even the highest noble, appears to have been able to escape the
rigour of this law.
For murder the penalty was death, either by order of the cacique; or, if
the criminal escaped, he could be pursued by the family of his victim
and killed wherever they found him, his crime thus making him an outlaw.
In the case of murder by a minor, the penalty of death was not inflicted
nor could the injured family pursue him. But he became their slave for
the rest of his life. Unintentional homicide was less rigorously
punished. A fine either in goods or a slave was usually the penalty
imposed. Other accidental injuries, such as the unmalicious firing of
houses or crops, were made good by fining. In the case of intentional
arson, however, the culprit was put to death; and the supreme penalty of
the law was also inflicted on traitors.
Public-domain text, read in full here on John Shaqi.
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