DROIT DE SEIGNEUR.
Notwithstanding the disgrace attached to a woman who had lost her virginity before marriage and concealed the fact, we are assured by Andagoya that in Nicaragua a custom similar to the European 'droit du seigneur' was practiced by a priest living in the temple, who slept with the bride during the night preceding her marriage.[966]
A widow was looked upon as the property of the family of her deceased husband, to whose brother she was invariably married, even though he might have a wife of his own at the time. If she had no brother-in-law, then she was united to the nearest living relative on her husband's side.[967] In Yucatan, the widow could not marry again until after a year from her husband's death.[968]
Monogamy seems to have been the rule among the Maya nations, and many authors assert positively that polygamy did not exist. It was only in the border state of Chiapas that the custom is mentioned by Remesal. To compensate for this, concubinage was largely indulged in by the wealthy. The punishment for bigamy was severe, and consisted, in Nicaragua, of banishment and confiscation of the entire property for the benefit of the injured wife or husband, who was at liberty to marry again, a privilege which was not, however, accorded to women who had children. Landa tells us that the Chichen Itza kings lived in a state of strict celibacy, and Diaz relates that a tower was pointed out to him on the coast of Yucatan, which was occupied by women who had dedicated themselves to a single life.[969]
With their loveless marriages it was fortunate that divorce could be obtained on very slight grounds. In Yucatan, says Landa, the father would, after a final separation, procure one wife after another to suit the tastes of his son. If the children were still of tender age at the time the parents separated, they were left with the mother; if grown up, the boys followed the father, while the girls remained with the mother. It was not unusual for the husband to return to the wife after a while, if she was free, regardless of the fact that she had belonged to another in the meantime.[970] In Guatemala the wife could leave her husband on the same slight grounds as the man, and if she refused to return to him after being requested to do so, he was allowed to marry again; she was then considered free, and held of no little consequence. In Nicaragua the husband decided whether the children were to remain with him or the divorced wife.[971]
INTERCOURSE OF THE SEXES.
The Mayas seem to have dealt more leniently with adulterers than the Nahuas. In Guatemala, the married man who committed adultery with a maiden was, upon complaint of the girl's relations, compelled to pay as a fine from sixty to one hundred rare feathers. It generally happened, however, that the friends of the woman were careful to keep the matter secret, as such a scandal would cause great injury to her future prospects. If a married man was known to sin with a married woman or a widow, both were for the first or even the second offence merely warned, and condemned to pay a fine of feathers; but if they persevered in their crime, then their hands were bound behind their backs, and they were forced to inhale the smoke of a certain herb called tabacoyay, which, although very painful, was not a fatal punishment. The single man who committed adultery with a married woman was obliged to pay to the parents of the latter the amount which her husband had paid for her; doubtless this fine was handed over to the injured husband, who, in such a case, repudiated his wife. It sometimes happened, however, that the husband did not report the matter to the authorities, but gave his unfaithful wife a bird of the kind which was used in sacrifices, and told her to offer it to the gods, and, with her companion in crime, to confess and be forgiven. Such a husband was regarded as a most virtuous and humane man.[972] A noble lady taken in adultery was reprimanded the first time, and severely punished or repudiated for the second offence. In the latter case she was free to marry again.[973] It was a capital crime to commit adultery with a lord's wife; if he who did so was a noble, they strangled him, but if he was a plebeian, they flung him down a precipice.[974]
Cogolludo says that among the Itzas the man and woman taken in adultery were put to death. The woman was taken beyond the limits of the town to a place where there were many loose stones. There she was bound to a post, and the priest who had judged her having cast the first stone, and the injured husband the second, the crowd that was never missing on such occasions joined so eagerly in the sport that the death of their target was a speedy one. The male adulterer, according to the same account, was also bound to a post, and shot to death in the same manner with arrows.[975]
ADULTERY AND FORNICATION.