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nydus/History of the Conquest of Mexico, Volume IPublic
Page 49 of 419
Table of Contents

CHAPTER II

To receive presents or a bribe, to be guilty of collusion in any way with a suitor, was punished, in a judge, with death. Who, or what tribunal, decided as to his guilt, does not appear. In Tezcuco this was done by the rest of the court. But the king presided over that body. The Tezcucan prince Nezahualpilli, who rarely tempered justice with mercy, put one judge to death for taking a bribe, and another for determining suits in his own house,—a capital offence, also, by law.15

The judges of the higher tribunals were maintained from the produce of a part of the crown lands, reserved for this purpose. They, as well as the supreme judge, held their offices for life. The proceedings in the courts were conducted with decency and order. The judges wore an appropriate dress, and attended to business both parts of the day, dining always, for the sake of despatch, in an apartment of the same building where they held their session; a method of proceeding much commended by the Spanish chroniclers, to whom despatch was not very familiar in their own tribunals. Officers attended to preserve order, and others summoned the parties and produced them in court. No counsel was employed; the parties stated their own case and supported it by their witnesses. The oath of the accused was also admitted in evidence. The statement of the case, the testimony, and the proceedings of the trial were all set forth by a clerk, in hieroglyphical paintings, and handed over to the court. The paintings were executed with so much accuracy that in all suits respecting real property they were allowed to be produced as good authority in the Spanish tribunals, very long after the Conquest; and a chair for their study and interpretation was established at Mexico in 1553, which has long since shared the fate of most other provisions for learning in that unfortunate country.16

A capital sentence was indicated by a line traced with an arrow across the portrait of the accused. In Tezcuco, where the king presided in the court, this, according to the national chronicler, was done with extraordinary parade. His description, which is of rather a poetical cast, I give in his

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