[Relocated Footnote 3: See Torquemada (Lib. II, cap. XI, and Lib. III, cap. XXII). Duran (cap. V). The quotation is from Herrera (Dec. II, Lib. VII, cap. XIII, p. 190), and is confirmed by Torquemada (Lib. III, cap. XXIII, p. 291), and especially by Gomara ("Conquista de Mejico," p. 443. Vedia, I.) "Many married people ('muchos casados') live in one house, either on account of the brothers and relations being together, as they do not divide their grounds ('heredades'), or on account of the limited space of the pueblos; although the pueblos are large, and even the houses." Peter Martyr of Angleria ("De Novo Orbe," translated by Richard Eden and Michael Lok, London, 1612, Dec. V, cap. X, p. 228), says: "But the common houses themselves as high as a mannes Girdle, were also built of stone, by reason of the swelling of the lake through the flood, or washing float of the Ryvers falling into it. Upon those greate foundations, they builded the reste of the house, with Bricke dryed, or burned in the sunne, intermingled with Beames of Tymber, and the common houses have but one floore or planchin." We are forcibly reminded here of the houses of Itza on Lake Peten, which were found in 1695. ("Hist. de la Conq. de los Itzaex," Lib. VIII, cap. XII, p. 494.) "It was all filled with houses, some with stone walls more than one rod high, and higher up of wood, and the roofs of straw, and some only of wood and straw. There lived in them all the Inhabitants of the Island brutally together, one relationship occupying a single house." See also the highly valuable Introduction to the second Dialogue of Cervantes-Salazar ("Mexico in 1554") by my excellent friend Sr. Icazbalceta (pp. 73 and 74).]
[Relocated Footnote 4: This successive formation of new "calpulli" is nowhere explicitly stated, but it is implied by the passage of Duran which we have already quoted (Cap. V, p. 42). It also results from their military organization as described in the "Art of War" (p. 115). With the increase of population, the original kinships necessarily disaggregated further, as we have seen it to have occurred among the Quiche (see "Popul-Vuh," quoted in our note 7), forming smaller groups of consanguinei. After the successful war against the Tecpanecas, of which we shall speak hereafter, we find at least twenty chiefs, representing as many kins (Duran, cap. XI, p. 97), besides three more, adopted then from those of Culhuscan (Id., pp. 98 and 99). This indicates an increase.]
[Relocated Footnote 5: Torquemada (Lib. III, cap. XXIV, p. 295): "I confess it to be truth that this city of Mexico is divided into four principal quarters, each one of which contains others, smaller ones, included, and all, in common as well as in particular, have their commanders and leaders…." Zurita ("Rapport," p. 58-64). That the smaller subdivisions were those who held the soil, and not the four original groups, must be inferred from the fact that the ground was attached to the calpulli. Says Zurita (p. 51), "They (the lands) do not belong to each inhabitant of the village, but to the calpulli, which possesses them in common." On the other hand, Torquemada states (Lib. XIV, cap. VII, p. 545), "That in each pueblo, according to the number of people, there should be (were) clusters ('parcialidades') of diverse people and families…. These clusters were distributed by calpules, which are quarters ('barrios'), and it happened that one of the aforesaid clusters sometimes contained three, four, and more calpules, according to the population of the place ('pueblo') or tribe." The same author further affirms: "These quarters and streets were all assorted and leveled with so much accuracy that those of one quarter or street could not take a palm of land from those of another, and the same was with the streets, their lots running (being scattered) all over the pueblo." Consequently there were no communal lands allotted to the four great quarters of Mexico as such, but each one of the kinships (calpules) held its part of the original aggregate. Compare Gomara (Vedia, Vol. I, "Conq. de Mejico," p. 434: "Among tributaries it is a custom, etc., etc." Also p. 440). Clavigero (Lib. VII, cap. XIV): "Each quarter has its own tract, without the least connection with the others.">[
[Relocated Footnote 6: Compare Duran (Cap XI, p. 87). Acosta (Lib. VII, cap, XXXI, p. 470). It appears as if the "teepan" had not been constructed previous to the middle of the 14th century, the meetings of the tribe being previously called together by priests, and probably in the open space around the main house of worship. The fact of the priests calling the public meetings is proved by Duran (Cap. IV, p. 42). Acosta (Lib. VII, cap. VII, p. 468). Veytia (Lib. II, cap. XVIII, pp. 156,159. Cap. XXI, p. 186). Acosta first mentions "unos palacios, aunque harto pobres." (Lib. VII, cap. 8, p. 470), on the occasion of the election of the first regular "tlacatecuhtli:" Acamapichtli—Torquemada says (Lib. XII, cap. XXII, p. 290) that they lived in miserable huts of reeds and straw, erected around the open space where the altar or place of worship of Huitzilopochtli was built. The public building was certainly their latest kind of construction.]
[Relocated Footnote 7: "Patronomial Estates" are mentioned frequently, but the point is, where are they to be found? Neither the "teepan-tlalli" nor the "tlatoca-tlalli," still less the "calpulalli," show any trace of individual ownership. "Eredad" (heirloom) is called indiscriminately "milli" and "cuemitl" (Molina, Parte Ia, p. 57). The latter is also rendered as "tierra labrada, o camellon" (Molina, Parte IIa, p. 26). It thus reminds us of the "chinamitl" or garden-bed (as the name "camellon" also implies), and reduces it to the proportion of an ordinary cultivated lot among the others contained within the area of the calpulli. It is also called "tlalli," but that is the general name for soil or ground. "Tierras o eredades de particulares, juntas an alguna vega," is called "tlalmilli". This decomposes into "tlalli" soil and "milli." But "vega" signifies a fertile tract or field, and thus we have again the conception of communal lands, divided into lots improved by particular families, as the idea of communal tenure necessarily implies.]
[Relocated Footnote 8: Zurita ("Rapport," etc., etc., p. 50): "The chiefs of the second class are yet called calpullec in the singular and chinancallec in the plural." (This is evidently incorrect, since the words 'calpulli' and 'chinancalli' can easily be distinguished from each other.) "'Chinancalli', however after Molina means 'cercado de seto' (Parte IIa, p. 21), or an inclosed area, and if we connect it with the old original 'chinamitl' we are forcibly carried back to the early times, when the Mexicans but dwelt on a few flakes of more or less solid ground. This is an additional evidence in favor of the views we have taken of the growth of landed tenure among the Mexican tribe. We must never forget that the term is 'Nahuatl,' and as such recognized by all the other tribes, outside of the Mexicans proper. The interpretation as 'family' in the Quiche tongue of Guatemala, which we have already mentioned, turns up here as of further importance; that is: chiefs of an old race or family, from the word calpulli or chinancalli, which is the same, and signifies a quarter (barrio), inhabited by a family known, or of old origin, which possesses since long time a territory whose limits are known, and whose members are of the same lineage."
"The calpullis, families or quarters, are very common in each province. Among the lands which were given to the chefs of the second class there were also calpullis. These lands are the property of the people in general ('de la masse du peuple') from the time the Indians reached this land. Each family or tribe received a portion of the soil for perpetual enjoyment. They also had the name of calpulli, and until now this property has been respected. They do not belong to each inhabitant of the village in particular, but to the calpulli, which possesses them in common." Don Ramirez de Fuenleal, letter dated Mexico, 3 Nov., 1532 ("Recueil de pieces," etc, Ternaux-Compans, p. 253): "There are very few people in the villages which have lands of their own … the lands are held in common and cultivated in common." Herrera (Dec. III, Lib. IV, cap. XV, p. 135) confirms, in a condensed form, the statement of Zurita, "and they are not private lands of each one, but held in common." Torquemada (Lib. XIV, cap. VII, p. 545.) Veytia (Lib. III, cap. VI, p. 196). "Finally, there were other tracts of lands in each tribe, called calpulalli, which is land of the calpules (barrios), which also were worked in common." Oviedo (Lib. XXXII, cap. LI, pp. 536 and 537). Clavigero (Lib. VII, cap. XIV). Bustamante ("Tezcoco," etc., Parte IIIa, cap. V. p. 232).]
[Relocated Footnote 9: Zurita (p. 52): "He who obtained them from the sovereign has not the right to dispose of them." Herrera (Dec. III, Lib. IV, cap. XV, p. 135): "He who possessed them could not alienate them, although he enjoyed their use for his lifetime." Torquemada (Lib. XIV, cap. VII, p. 545): "Disputes about lands are frequently mentioned, but they refer to the enjoyment and possession, and not the transfer of the land." Baron Humboldt ("Unes des Cordilleres et monuments indigenes des peuples de l'Amerique", Vol. I, Tab. V) reproduces a Mexican painting representing a litigation about land. But this painting was made subsequent to the Conquest, as the fact that the parties contending are Indians and Spaniards sufficiently asserts. Occasional mention is made that certain lands "could be sold." All such tracts, however, like the "pallali", have been shown by us to be held in communal tenure of the soil, there enjoyment alone being given to individuals and their families.]
[Relocated Footnote 10: Zurita (p. 60): "The calpulli have a chief taken necessarily from among the tribe; he must be one of the principal inhabitants, an able man who can assist and defend the people. The election takes place among them…. The office of this chief is not hereditary; when any one dies, they elect in his place the most respected old man…. If the deceased has left a son who is able the choice falls upon him, and a relative of the former incumbent is always preferred." (Id., pp. 50 and 222). Simancas M. S. S. ("De l'ordre de succession," etc., "Recucil," p. 225): As to the mode of regulating the jurisdiction and election of the alcaldes and regidors of the villages, "they nominated men of note who had the title of achcatanlitin…. There were no other elections of officers…." ('Art of War,' etc. pp. 119 and 120).]
[Relocated Footnote 11: Zurita (pp. 61 and 62): "This chief has charge of the lands of the calpulli. It is his duty to defend their possession. He keeps paintings showing the tracts, the names of their holders, the situation, the limits, the number of men tilling them, the wealth of private individuals, the designations of each as are vacant, of others that belong to the Spaniards, the date of donation, to whom and by whom they were given. These paintings he constantly renews, according to the changes occurring, and in this they are very skillful." It is singular that Motolinia, in his "Epistola proemial" ("Col. de Doc."; Icazbalceta, Vol. I, p. 5), among the five "books of paintings" which he says the Mexicans had, makes no mention of the above. Neither does he notice it in his letter dated Cholala, 27 Aug., 1554 ("Recueil de pieces," etc., Teruaux-Compans).]