THE CIHUACOATL, SUPREME JUDGE.
In Mexico, and in each of the principal cities of the empire, there was a supreme judge, called cihuacoatl,[477] who was considered second only to the king in rank and authority. He heard appeals in criminal cases from the court immediately below him, and from his decision no appeal was allowed, not even to the king.[478] Whether or not the cihuacoatl pronounced judgment in civil cases is uncertain. According to Clavigero he did;[479] Prescott,[480] Brasseur de Bourbourg,[481] and Carbajal Espinosa[482] agree with Clavigero, and Leon Carbajal[483] cites Torquemada as an authority for this statement, but the fact is Torquemada distinctly affirms the contrary,[484] as does Las Casas,[485] from whom Torquemada takes his information. It appears, however, reasonable to suppose that in some exceptional cases, as, for instance, where the title to large possessions was involved, or when the litigants were powerful nobles, the supreme judge may have taken cognizance of civil affairs. Whether the jurisdiction of the cihuacoatl was ever original, as well as final, as Prescott[486] asserts it to have been, I do not find stated by the earlier authorities, although this may have happened exceptionally, but in that case there could have been but one hearing, for the king, who was the only superior of the supreme judge, had no authority to reverse the decisions of the latter. The cihuacoatl was appointed by the king, and he in turn appointed the inferior judges. He held his office for life, and in addition to his regular judicial duties had charge of the most important affairs of government, and of the royal revenues. He was without a colleague, and must administer justice in person. Such was the respect paid to this exalted personage, that whoever had the audacity to usurp his power or insignia suffered death, his property was confiscated and his family enslaved.[487]
The next court was supreme in civil matters and could only be appealed from to the cihuacoatl in cases of a criminal nature. It was presided over by three judges, the chief of whom was styled tlacatecatl, and from him the court took its name; his colleagues were called quauhnochtli and tlanotlac.[488] Each of these had his deputies and assistants. Affairs of importance were laid in the first instance before this tribunal, but appeals from the inferior courts were also heard. Sentence was pronounced by a crier entitled tecpoyotl in the name of the tlacatecatl, and was carried into execution by the quauhnochtli with his own hands. The office of tecpoyotl was considered one of high honor because he declared the will of the king as represented by his judges.
THE TECUHTLI AND CENTECTLAPIXQUE.
In each ward of the city there was a magistrate called tecuhtli who was annually elected by the inhabitants of his district; he judged minor cases in the first instance only, and probably the office somewhat resembled that of our police judge. Appeal lay from him to the tlacatecatl.[489] It was the duty of the tecuhtlis to give a daily report of affairs that had been submitted to them, and of the judgments they had rendered thereon, to the tlacatecatl, who reviewed their proceedings. Whether the tlacatecatl could reverse the decision of a tecuhtli when no appeal had been made, is uncertain, but it appears improbable, inasmuch as a failure to exercise the right of appeal would imply recognition of justice in the judgment passed by the lower tribunal. In each ward, and elected in the same manner as the tecuhtlis, were officers whose title was centectlapixque, whose province it was to watch over the behavior and welfare of a certain number of families committed to their charge, and to acquaint the magistrates with everything that passed. Although the centectlapixques could not exercise judicial authority, yet it is probable that petty disputes were often submitted to them for arbitration, and that their arbitrament was abided by. In case the parties could not be brought to any friendly settlement, however, the centectlapixque immediately reported the matter to the tecuhtli of his district, and a regular trial ensued.
The tecuhtlis had their bailiffs, who carried their messages and served summonses. In addition to these there were constables styled topilli, who arrested prisoners and enforced order.[490]
THE EIGHTY-DAY COUNCIL.
In Tezcuco, although the kingdom was divided into many provinces,[491] the higher courts of justice were placed in six of the principal cities only.[492] Each of these tribunals was presided over by two judges, who were very high magnates and usually relatives of the king, and from these an appeal lay to two supreme judges who resided at the capital.[493] These twelve judges were assisted by twelve sheriffs,[494] whose duty it was to arrest prisoners of exalted rank in their own district, or to go in search of offenders in other provinces. The peculiar badge of these officers was a certain ornamented mantle; wherever they went they were held in great awe and respect, as representatives of the king, and seldom encountered resistance in the exercise of their functions. There were also constables in attendance on the courts, who acted with great diligence in carrying messages or making arrests. Every ten or twelve days all the judges met in council with the king,[495] when cases of importance were discussed, and either finally settled, or laid over for decision at a grand council which convened every four Mexican months, making in all eighty days. On these occasions all the judges, without exception, met together, the king presiding in person. All being seated according to their order of precedence, an orator opened the proceedings with a speech, in which he praised virtue and severely reprimanded vice; he reviewed all the events of the past eighty days, and commented very severely even upon the acts of the king himself. In this council all suits were terminated, the sentences being carried out on the spot,[496] and affairs of state and policy were discussed and transacted; it generally sat during eight or ten days.[497] In addition to these judges there were magistrates of a lower order in all the provinces, who took cognizance of cases of minor importance, and who also heard and considered those of greater consequence preparatory to laying them before the Eighty-Day Council.[498] The historian Ixtlilxochitl gives a somewhat different account of the Tezcucan tribunals, which, as it contains the only description given by the ancient writers of the halls in which the judges sat, I translate in full.
In the palace were two principal courtyards, the larger of which served as the market-place. The second courtyard was smaller than the first, and was situated more in the interior of the palace; in the centre of it a fire was kept continually burning. Here were the two most important tribunals in the kingdom. To the right of this courtyard, writes Ixtlilxochitl, was the supreme tribunal, which was called teohicpalpan, meaning, Tribunal of God. Here was a throne of gold, set with turquoises and other precious stones; before the throne stood a stool, upon which were a shield, a macana, and a bow with its quiver of arrows; upon these was placed a skull, surmounted by an emerald of a pyramidal shape, in the apex of which was fixed a plume of feathers and precious stones; at the sides, serving as carpets, were the skins of tigers and lions (tigres y leones), and mats (mantas) made of the feathers of the royal eagle, where a quantity of bracelets and anklets (grevas) of gold were likewise placed in regular order.[499] The walls were tapestried with cloth of all colors, made of rabbits' hair, adorned with figures of divers birds, animals, and flowers.[500] Attached to the throne was a canopy of rich plumage, in the centre of which was a glittering ornament of gold and precious stones.