Page:The Conquest of Mexico Volume 1.djvu/67

 accidental forms and ceremonies—with those aristocratic institutions of the Middle Ages, which made the court of every petty baron precise image in miniature of that of his sovereign.

The legislative power, both in Mexico and Tezcuco, resided wholly with the monarch. This feature of despotism, however, was in some measure counteracted by the constitution of the judicial tribunals—of more importance, among a rude people, than the legislative, since it is easier to make good laws for such a community than to enforce them, and the best laws, badly administered, are but a mockery. Over each of the principal cities, with its dependent territories, was placed a supreme judge, appointed by the crown, with original and final jurisdiction in both civil and criminal cases. There was no appeal from his sentence to any other tribunal, nor even to the king. He held his office during life; and any one who usurped his ensigns was punished with death.1

Below this magistrate was a court, established in each province, and consisting of three members. It held concurrent jurisdiction with the supreme judge in civil suits, but in criminal an appeal lay to his tribunal. Besides these courts, there was a body of inferior magistrates distributed through the country, chosen by the people themselves in their several districts. Their authority was limited to smaller causes, while the more important were carried up to the higher courts. There was still another class of subordinate officers, appointed also by the people, each of whom was to watch over the conduct of a certain number of families, and report any disorder or breach of the laws to the higher authorities.2

In Tezcuco the judicial arrangements were of a more refined character;3 and a gradation of tribunals finally terminated in a general meeting or parliament, consisting of all the judges, great and petty, throughout the kingdom, held every eighty days in the capital, over which the king presided in person. This body determined all suits, which, from their importance, or difficulty, had been reserved for its consideration by the lower tribunals. It served, moreover, as a council of state, to assist the monarch in the transaction of public business.4

Such are the vague and imperfect notices that can be gleaned respecting the Aztec tribunals, from the hieroglyphical paintings still preserved, and from the most accredited Spanish writers. These, being usually ecclesiastics, have taken much less interest in this