Lowest in the scale among the Mayas as elsewhere in America were the slaves. Slavery was an institution of all the nations in the sixteenth century, and had been traditionally for some centuries. In Yucatan, tradition speaks of a time when slavery was unknown; its introduction by a powerful Cocome king was one of the acts of oppression which brought about a revolution and deposed him from the throne. During the power of the Tutul Xius which followed, slavery is said to have been abolished, but must—if indeed the tradition be not altogether unfounded—have been re-introduced at a still later period.[922] In the annals of other Maya nations no time seems to be noted when slaves were not held. This unfortunate class was composed chiefly of captives in war, or of those whose parents had been such; the condition was hereditary, but, in Yucatan at least, the children had the right to redeem themselves by settling on unoccupied lands and becoming tribute-payers. Foreign slaves were also brought into the country for sale; and Cortés speaks of Acalan, a city of Guatemala, as a place where an extensive trade in human kind was carried on.[923] In Nicaragua a father might sell himself or his children into bondage, when hard pressed by necessity; but in such cases he seems to have had the right of redemption.[924] In Nicaragua and Yucatan the thief was enslaved by the owner of stolen property, until such time as he paid its value; he could even be sold to other parties, but it is added that he could only be redeemed in Nicaragua with the consent of the cacique. In Yucatan, if a slave died or ran away soon after his sale the purchaser was entitled to receive back a portion of the price paid.[925]
TREATMENT OF SLAVES.
Kidnapping, according to Las Casas, was common in Guatemala, but the laws against the offence were very severe. He who sold a free native into slavery was clubbed to death, his own wife and children were sold, and a large part of the price received went to fill the public exchequer.[926] Pimentel concludes that slaves were more harshly treated in Yucatan than in Mexico; Gomara and Herrera state that no punishment was decreed to him who killed a slave in Nicaragua; but in Yucatan the killer of another's slave must pay the full value of the property destroyed, and was also amenable to punishment if the murdered slave was his own. In Guatemala if a freeman had sexual intercourse with the female slave of another he had to pay the owner her full value or purchase for him another of equal value; but if the woman were a favorite of the owner, the penalty, though still pecuniary, was much increased. In the province of Vera Paz, as Las Casas states, if slaves committed fornication with women of their own condition, both parties were slain by having their heads broken between two stones, or by a stick driven down the throat, or by the garrote; the man, however, being sometimes sold for sacrifice. Among the Pipiles a freeman cohabiting with a slave was himself enslaved, unless pardoned by the high-priest for services rendered in war. In Yucatan, as it is expressly stated, and elsewhere probably, the master was permitted to use his female slaves as concubines, but the offspring of such connection could not inherit. Thomas Gage tells us of a town in Guatemala whose inhabitants in the olden time were all slaves and served the people of Amatitlan as messengers. The only distinguishing marks of slaves that are mentioned were the shearing of the hair in Yucatan, and marks of powdered pine charcoal, called tile, in Nicaragua.[927]
Respecting the tenure of landed property among the Maya nations the little information extant applies chiefly to Yucatan. The whole country, as we have seen, was divided into many domains, or fiefs, of varying extent, ruled over by nobles, or lords, of different rank. Although each lord had, under the king, nearly absolute authority over his domain, yet he does not seem to have been regarded as in any sense the owner of the lands, or to have had a right to sell or in any way alienate them. A certain portion of these lands were set apart for the lord's support, and were worked by his people in common; the rest of the land seems to have been divided among the people, the first occupant being regarded in a certain sense as its owner, and handing it down as an inheritance from generation to generation, but having no right to sell it, and being also obliged to contribute a certain part of its products to the lord of the domain. Cogolludo and Landa speak of the land as being common property, yet by this they probably do not mean to imply that any man had a right to trespass on the cultivated fields of another, but simply that unoccupied lands might be appropriated by any one for purposes of cultivation. Game, fish, and the salt marshes were likewise free to all, but the hunter, fisherman, or salt-maker must pay a tribute to the lords and to the king. In Nicaragua land could not be sold, and if the owner wished to change his residence he had to leave all his property to his relatives, since nothing could be removed.[928]
INHERITANCE AND TAXATION.
At a man's death his property, in Yucatan, was divided between his sons equally, except that a son who had assisted his father to gain the property might receive more than the rest. Daughters inherited nothing, and only received what might be given from motives of kindness by the brothers. In default of sons, the inheritance went to the brothers or nearest male relatives. Minor heirs were entrusted to tutors who managed the estate, and from it received a recompense for their services. According to Oviedo, property in Nicaragua was inherited by the children, but if there were no children, it went to the relatives of both father and mother. Squier states that in the latter case all personal property was buried with the deceased.[929]
Taxes and tribute paid by the people for the support of the kings and nobles consisted of the products of all the different industries. The merchant contributed from the wares in which he dealt; the farmer from the products of the soil, chiefly maize and cacao; the hunter and fisherman from the game taken in forest and stream. Cotton garments, copal, feathers, skins, fowl, salt, honey, and gold-dust composed a large part of the tribute, and slaves are also mentioned in the lists. Personal labor in working the lands of the lords, and in supplying his household with wood and water, was also an important element of taxation in the provinces. Officials were appointed to assess and collect taxes from all subjects. In Yucatan the tribute of the king and that of the local lords were kept separate and were attended to by different officials; but in Guatemala it is implied that all taxes were collected together and then distributed to the king and several classes of nobles according to their rank. In the ancient times those who lived in Mayapan were exempt from all taxation. In Nicaragua, we are told that the teite received no tribute or taxes whatever from his subjects, but in the case of a war or other event involving extraordinary expense, the council decided upon the amount of revenue needed, and chose by lot one of their number to assess and collect it. Taxation among the Mayas does not seem to have been oppressive, and the attempt to extort excessive tribute contributed largely to the overthrow of the Cocome power in the twelfth century.[930]
A sale of property or other contract was legalized in Yucatan by the parties drinking before witnesses. A strict fulfillment of all contracts was required both by the law and by public sentiment. Heirs and relatives were liable, or at least assumed the liability, for debts; and often paid, as did the lords of the province, the pecuniary penalty incurred by some poor man, especially if the crime had been committed involuntarily or without malice.[931]