Page:The Conquest of Mexico Volume 1.djvu/68

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Conquest of Mexico

ject 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 civilised to evince a solicitude for the rights both of property and of persons. The law, authorising 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, as 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.

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

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