Influence of the Commoners—Oppression by Nobles—Deprived of Office by Montezuma II.—Classes of Slaves—Penal Slaves—Voluntary Slavery—Slave Market at Azcapuzalco—Punishment and Privileges of Slaves—Division of Lands—Crown Lands—Lands of the Nobles—Municipal Property—Property of the Temples—Tenure of Lands in Zapotecapan, Miztecapan, Michoacan, Tlascala, Cholula, and Huexotzinco—Similarity to Feudal System of Europe—System of Taxation—Municipal Taxes—Lice Tribute—Tribute from Conquered Provinces—Revenue Officers—Injustice of Montezuma II.
PLEBEIANS AND SLAVES.
No writer seems to have thought it worth while to define the exact condition of the lower orders of free citizens among the Aztecs. In Mexico, under the earlier kings, they appear to have enjoyed considerable privileges. They were represented in the royal councils, they held high offices at court and about the king's person, their wishes were consulted in all affairs of moment, and they were generally recognized as an important part of the community. Gradually, however, their power lessened as that of the nobles increased, until, in the time of Montezuma II., they were, as we have seen, deprived of all offices that were not absolutely menial, and driven from the palace. Still, there is no doubt that from the earliest times the plebeians were always much oppressed by the nobles, or that, as the Bishop of Santo Domingo, before quoted,[130] remarks, "they were, and still are, so submissive that they allow themselves to be killed or sold into slavery without complaining." Father Acosta, also, writes that "so great is the authority which the caciques have assumed over their vassals that these latter dare not open their lips to complain of any order given them, no matter how difficult or disagreeable it may be to fulfill; indeed, they would rather die and perish than incur the wrath of their lord; for this reason the nobles frequently abuse their power, and are often guilty of extortion, robbery, and violence towards their vassals."[131] Camargo tells us that the plebeians were content to work without pay for the nobles, if they could only insure their protection by so doing.[132]
Of those who stood below the macehuales, as the plebeians were called, and lowest of all in the social scale, the slaves, we have more definite information. Slavery was enforced and recognized by law and usage throughout the entire country inhabited by the Nahua nations. There were in ancient Mexico three classes of slaves; namely, prisoners of war, persons condemned for crime to lose their freedom, and those who sold themselves, or children sold by their parents. The captor of a prisoner of war had an undisputed right to doom his prize to be sacrificed to the gods; this power he almost invariably exerted, and it was held a punishable crime for another to deprive him of it by rescuing the prisoner or setting him free.[133] Sahagun tells us that the captor could, if he chose, either sell or hold his prisoners as slaves; and if among them any man or woman showed unusual ability in music, embroidering, weaving, or other domestic occupation, he or she was frequently purchased by the king or some noble or wealthy man, and employed in his house, and thus saved from the sacrifice.[134] The offences which the Aztecs punished with slavery were the following: firstly, failure on the part of any relation of a person convicted of high treason, to give timely information of the plot to the proper authorities, provided he or she had knowledge of it, the wives and children of the traitor being also enslaved; secondly, the unauthorized sale of a free man or woman or of a free child kidnapped or found astray, the kidnapper fraudulently asserting such person to be a slave, or such child to be his own; thirdly, the sale or disposal, by a tenant or depositary, of another's property, without the permission of the owner or his representative, or of a proper legal authority; fourthly, hindering a collared slave from reaching the asylum of the sovereign's palace, provided it was the act of one who was not the owner or the owner's son; fifthly, stealing things of value, or being an inveterate thief; sixthly, stealing from a field a certain number of ears of corn or of useful plants, exception being made to this law when the act was committed by a child under ten years of age, or when the stolen property was paid for; seventhly, the impregnating, by a free man, of another's female slave, if the woman died during her pregnancy, or in consequence of it. This latter statement is contradicted by Torquemada, upon the strength of information given him, as he alleges, by Aztecs well acquainted with the laws of their country.[135] Gomara asserts, though he allows that others deny it, that when a man died insolvent, his son or his wife became the property of his creditors.[136] Torquemada affirms that it was customary for a creditor to look for payment of his claim to the estate, real or personal, if any there was, but no member of the debtor's family was awarded to him to cancel the debt.[137] It sometimes happened that persons too poor to pay their taxes were put up for sale, but this mostly occurred in conquered provinces. Penal slaves did not become the property of the king or the state, but were publicly sold to private persons, or assigned to the parties whom they had injured; nor were such offenders held to be slaves, or their punishment considered to have commenced until they had been formally delivered to the new owner.
PENAL AND VOLUNTARY SLAVERY.
Among those who voluntarily surrendered their freedom for a consideration, besides such as were driven by extreme poverty to do so, were the indolent who would not trust to their own exertions for a livelihood, gamesters, to obtain the wherewithal to satisfy their passion for gambling,[138] and harlots, to provide themselves with showy clothing and finery. The two latter classes were not obliged to go into service until after the expiration of a year from the time of receiving the consideration for which they sold themselves.
Slaves were continually offered for sale in the public market-place of every town, but the principal slave-mart in the Mexican empire seems to have been the town of Azcapuzalco, which was situated about two leagues from the city of Mexico; it occupied the site of the ancient capital of the Tepanec kingdom, which was destroyed by King Nezahualcoyotl of Tezcuco. Great numbers of slaves were brought to Azcapuzalco from all the provinces; and it is said that the merchants who traded in them had to adopt great precautions to prevent their property from being stolen or rescued on the journey. With a view to advantageous sales the slaves thus exposed in the public markets were kept well clothed and fed, and were forced to dance and look cheerful.
Parents could pawn, or sell a son as a slave, but were allowed to take him back on surrendering another son to serve in his stead; on such occasions the master was wont to show his generosity by allowing an extra compensation for the new servant. There was yet another kind of slavery, called by the Mexicans huehuetlatlacolli, meaning 'ancient servitude.' When one or more families were entirely destitute and famine-stricken, they sold a son to some noble, and bound themselves to always 'keep that slave alive,' that is to say, to supply another to fill his place if he died or became incapacitated. This obligation was binding upon each member of the families making the contract, but was null and void if the man who was actually serving died in his master's house, or if his employer took from him anything that he had lawfully acquired; therefore, to prevent this forfeiture of ownership, the master neither took from his slave anything but personal service, nor allowed him to dwell in his house. It frequently happened that as many as four or five families were bound in this manner to supply a noble and his heirs with a slave. But in 1505 or 1506, a year of famine in the country, Nezahualpilli of Tezcuco, foreseeing the evils that this system of perpetual contract would entail upon his subjects if the scarcity of food continued long, repealed the law, and declared all families exempt from its obligations; it is recorded that Montezuma II. soon after followed his example.[139]
CONDITION AND TREATMENT OF SLAVES.