Ninth: any nobleman who, being captured by the enemy fled from prison and returned to his country suffered death by decapitation; but, if he fought and vanquished seven soldiers in gladiatorial combat previous to return, he was free and was rewarded as a brave man. The private soldier who fled from an enemy's prison and returned to his country was well received.

Tenth: any ambassador who failed to discharge his trust in accordance with the orders and instructions given to him or who returned without an answer, suffered death by decapitation.[457]

As I have already stated, the primary object of most wars was to procure victims for sacrifices to Huitzilopochtli and other gods, and the Mexicans were never at a loss for an excuse to pick a quarrel. The refusal of a neighboring power to receive in its temple one of the Mexican gods, neglect to pay tribute demanded, insults offered to ambassadors or traveling merchants, or symptoms of rebellion in a city or a province, furnished sufficient pretext to take up arms. The rulers of Mexico, however, always endeavored to justify their conduct before they made war, and never commenced hostilities without sending due notice of their intention to the adversary. Before an actual challenge was sent or war declared against any nation, the council met in presence of the three heads of the empire, and gravely discussed the equity of the case. If the difficulty lay with a province subject to the empire, secret emissaries were sent to inquire whether the fault originated solely with the governor or if he was sustained by his subjects. If it appeared that the whole blame rested with the governor, a force was sent to arrest him, and he was publicly punished, together with all others implicated; but if the rising was with the consent of the people, they were summoned to submit and place themselves in obedience to the king whose vassals they were, and a fine, proportionate to the magnitude of the case, was imposed. It was customary for the rulers of Mexico or Tezcuco to send messengers to distant provinces with a demand that they should receive one or more of their gods and worship them in their temples. If the messenger was killed or the proposed god rejected, a war ensued.

DECLARATION OF WAR.

As I have said, it was a breach of international etiquette to proceed to war without giving due notice to the enemy, and military law prescribed that three embassies should be despatched before commencing hostilities. The number of ambassadors varied according to the circumstances and rank of the princes against whom war was to be made, for the higher his rank the fewer in number were the envoys. If he was a great king only one was sent, and he was generally of the blood-royal or a famous general. Sometimes the ambassadors were instructed to deliver their message directly to the hostile prince, at other times to the people of the province. In the first case upon entering into the prince's presence they paid their respects with reverence, and having seated themselves in the centre of the audience-hall, waited till permission was given them to speak. The signal made, the principal among them delivered his message in a low tone of voice and with a studied address, the audience preserving a decorous silence, and listening attentively. As a general thing, in all embassies an interchange of presents was made, and if the message was from one friendly power to another, a refusal of such gifts was a serious affront. If, however, it was to an enemy, the ambassador could not receive a present without express orders from his master. When the three powers of Mexico, Tezcuco, and Tlacopan acted in unison, in the event of a difficulty with another nation, the first ambassadors sent were of the Mexican nation and were called quaquauhnochtzin. Upon arriving at the capital of the kingdom or province they proceeded at once to the public square and summoned before them the ministers and aged men, to whom they made known the several circumstances of the case, warning them that, in case their lord refused to accede to their propositions, upon them and their families would fall the evils and hardships produced by war, and exhorting them to counsel and persuade their lord to maintain the good will and protection of the empire; for this purpose they granted twenty days, within which time they would expect an answer, and in order that there might be no complaint of being surprised and taken unprepared they left a supply of weapons and then retired outside the town to await the answer. If within the twenty days it was decided to accept the terms of the ambassadors, the ministers went to the place where they were in waiting and conducted them into the city, where they were received with every mark of respect, and in a short time were sent back to their own country, accompanied by other ambassadors, bearing costly presents in token of friendship and esteem. If, however, twenty days passed without a satisfactory adjustment of the difficulty, a second set of ambassadors, held in readiness for the occasion, who had to be of the kingdom of Tezcuco and were called achcacauhtzin, were sent into the city. These carried with them a quantity of arms, some feathers of a bird called tecpilotl, and a small earthenware jar containing a certain balsamic and aromatic ointment, compounded of various herbs and gums. They went directly to the palace of the prince and in presence of the gentlemen of his court delivered their message. They then represented to him the miseries of war, and warned him, that if within the space of twenty days he did not agree to their terms, in the event of his being taken captive during the war which would ensue he would be put to death under the penalty of the law, which sentenced him to have his head smashed with a club, and that his vassals would be chastised in proportion to the offence each had committed. If the refractory prince or noble refused immediate compliance, the ambassadors anointed his right arm and his head with the ointment brought with them, telling him to be strong and of good courage and to fight bravely against the troops of the empire, whose valor in war they greatly extolled. They then tied the tecpilotl-plumes at the back of his head with red strings, handed him the weapons they had brought with them, and retired to the place where the first ambassadors were, to await the expiration of the twenty days. If he surrendered within the time, he was required to pay a stipulated annual tribute of small amount, but if he refused to surrender, there came a third set of ambassadors, who were of the kingdom of Tlacopan; they appeared before the lord in the presence of his ministers and court, and delivered their message with stronger threats and warnings, to the effect that if he did not surrender at the expiration of a further twenty days, the army of the empire would march against his territory and punish the inhabitants regardless of age or sex, and that although they might implore its clemency they would not be heard; they then gave them a larger supply of arms than on the preceding occasions, telling them to avail themselves of them and not to say at a future time that they had been assailed unprepared. If the lord of the province surrendered within the last twenty days, he was punished according to the pleasure of the three powers, but not with death nor with the confiscation of his rank or property; he was usually condemned to pay an extraordinary tribute out of his own revenues; should he continue rebellious, war broke out, and the army of the empire, already prepared on the frontiers, commenced its operations.[458]

It was usual to send a formal challenge or declaration of war, accompanied by some presents, either of arms, clothing, or food, as it was held to be a discreditable act to attack any unarmed or defenseless people. A notable instance of this spirit was shown by the Tlascaltecs when they confronted the army of Cortés; their general is reported to have exclaimed: "Who are these presumptuous men, so few in number that they attempt to enter our country in spite of us? Lest they think we want to take them by hunger rather than by force of arms, let us send them food, that we may find them savory after the sacrifice, for they come starved and worn out." Before the battle they sent three hundred turkeys and two hundred baskets of centli or tamales, each basket weighing about twenty-five pounds, a gift most acceptable to the Castilians.[459]

When war against another nation was decided upon, the first care of the Mexicans was to investigate the character and resources of the region they were about to invade. Certain spies called quimichtin, who were selected for their knowledge of the language and customs of the enemy's country, were sent thither, dressed after the manner of the inhabitants. These spies were directed to prepare maps of the districts they passed through, showing the plains, rivers, mountains, and dangerous passes as well as the most practicable routes, and were to take notice of all means of defense possessed by the enemy. The sketches and information thus obtained were given to the chiefs of the army to guide them in their march and enable them to make the best disposition of their forces. Such spies as brought valuable news were rewarded with the grant of a piece of land, and if one came over from the enemy's side and gave advice of their preparations and force, he was well paid and given presents of mantles.[460] When a war was to be conducted jointly by the three allied powers, proclamation was made by heralds in the public thoroughfares of the capital cities. Commissariat officers called calpixques collected the necessary stores and provisions for the campaign, and distributed weapons and coarse mantles of nequen to the army. The troops then went to the temple and performed the ceremony of scarifying their bodies, while the customary sacrifices were offered by the priests to Huitzilopochtli.

ORDER OF MARCH AND BATTLE.

If the expedition was an important one and the army large, it was composed of several divisions, called xiquipilli, each consisting of eight thousand men under their respective commanders. When all was in readiness the order of march was thus formed: the priests with their idols started one day's march in advance; next came the captains and flower of the army, followed by the soldiers of Mexico; after them the Tezcucans, and then those of Tlacopan, the rear being closed by the troops of other provinces; one day's march separated each division. Perfect order was maintained on the route, and when near the enemy's country the chiefs traced out the camping-ground each division should occupy, and directed all to entrench and fortify their positions.[461]