CHAPTER XX

.

GOVERNMENT, SOCIAL CLASSES, PROPERTY, AND LAWS OF THE MAYA NATIONS.

INTRODUCTORY REMARKS--VOTAN'S EMPIRE--ZAMNÁ'S REIGN--THE ROYAL FAMILIES OF YUCATAN; COCOMES, TUTUL XIUS, ITZAS, AND CHELES--TITLES AND ORDER OF SUCCESSION--CLASSES OF NOBLES--THE QUICHÉ-CAKCHIQUEL EMPIRE IN GUATEMALA--THE AHAU AHPOP AND SUCCESSION TO THE THRONE--PRIVILEGED CLASSES--GOVERNMENT OF THE PROVINCES--THE ROYAL COUNCIL--THE CHIAPANECS--THE PIPILES--NATIONS OF NICARAGUA--THE MAYA PRIESTHOOD--PLEBEIAN CLASSES--SLAVES--TENURE OF LANDS--INHERITANCE OF PROPERTY--TAXATION--DEBTORS AND CREDITORS--LAWS AND THE ADMINISTRATION OF JUSTICE.

My reasons for dividing the Civilized Nations of our territory into two groups, the Nahuas and the Mayas, whose institutions are separately described, have been stated in the General View, to which a preceding chapter has been devoted. In the same place was given an outline sketch of the nations composing each group, and their mutual relations,[906] which may serve as an introduction to the remainder of this volume. Without further preliminary remarks I may therefore enter at once upon the subject-matter of this second division of my topic, a description of Maya institutions, or the manners and customs of the civilized nations whose home was south of the isthmus of Tehuantepec. It will be evident to the reader from what has been said that this account must be not only much briefer, but also less complete and satisfactory than that of the Nahua nations. Concerning the Aztecs and kindred peoples about the lakes of the Mexican valley, as we have seen, a large amount of information has been preserved; I have consequently been able, in treating of the northern peoples, to take these nations of the valley as a nucleus, adding in their proper places such fragments of knowledge as are extant respecting tribes outside the limits of Anáhuac. In the south, fragmentary information is all we have; there is no nucleus round which to group it; the matter of the following chapters will, therefore, be very similar in its nature to what that of the preceding would have been, had I undertaken to describe the Tarascos, Totonacs, Zapotecs, etc., without the Aztecs. In this branch of my subject I shall follow as nearly as possible the same order as in the preceding, bringing together into one chapter, however, the topics before treated in several. I shall also include the civilized nations of Nicaragua in this division, although one at least of them was of Nahua blood and language. In the days of ancient Maya glory when Votan and his successors reigned over mighty and perhaps confederated empires in Chiapas, Guatemala, and Yucatan, the kings played rôles to a great extent mythical, being pictured by tradition as combining the character and powers of legislators, teachers, high-priests, and monarchs. Details of the system by which they governed are altogether wanting,[907] but after a long term of prosperity this government in Guatemala and Chiapas became weakened and at last practically destroyed; the country was divided among petty chiefs, concerning whose rule even less is known than of that of their predecessors, but who not improbably based their forms of authority on the ideas handed down from Votan. From these governmental relics there sprung up in later years, under new and perhaps foreign leaders, the Quiché and Cakchiquel empires, of whose government some details are known, since these nations came into direct contact with the Spaniards at the conquest. Leaving these nations for the present, I will speak first of another branch of the primitive Maya empire.

[Sidenote: VOTAN'S MAYA EMPIRE.]

Yucatan received its culture traditionally from Zamná, who came from abroad, governed the Mayas through a long life, and left the throne as an heritage to his successors. He was doubtless a companion or a descendant of Votan, and founded institutions similar to those of the western kingdoms whence he came. The government and institutions established in Yucatan met to a certain extent the same fate as those of Chiapas; that is, the country was finally split up by civil wars into numerous petty independent sovereignties; but this division was at a much later date than that of Votan's western empire,--not long preceding the Spanish conquest--and the government of the independent chieftains was substantially that of their ancestors, many of whom claimed to be of the royal family founded by Zamná. Consequently some scraps of information are extant respecting the form of government, as well as other institutions, in Yucatan; and from these we may form a faint idea of the earlier institutions of Guatemala and Chiapas.

Zamná, like Votan, united in himself the qualities of ruler, law-giver, educator, and priest; he founded the city of Mayapan, and divided the whole country among the chiefs of the leading families who came with him, making them vassals of the king whom he left on the throne at Mayapan. The nobles of the royal family were of course the highest, a family which was perhaps that known later as the Cocomes, and which lasted to the coming of the Spaniards. Each of the vassal princes had to live in the capital during a certain part of every year; and Brasseur de Bourbourg, following Ordoñez, thinks that Mayapan may have formed a confederacy with Tulhá and Palenque in Chiapas.[908]

[Sidenote: THE ROYAL FAMILIES OF YUCATAN.]

Another royal family, the Tutul Xius, sprung up later and became very powerful as allies and vassals of the king reigning in Mayapan; and still another family, the Itzas, built up a strong government of theocratic nature at Chichen Itza. Then came Cukulcan with some new religious teachings--a famous personage bearing a striking resemblance in his traditional career and in the etymology of his name to the Quetzalcoatl of the Nahuas. Being finally called to the throne at Mayapan, he formed a confederacy, making the princes of the Tutul Xius and Itzas his associate monarchs, subordinate nominally in rank but practically independent except where mutual assistance was required. Cukulcan left the throne to the Cocomes, seven of whom ruled during a period of great prosperity, the succession being from father to son, down to about the eleventh century. Afterward the Cocomes, becoming tyrannical, were deposed from their high position, Mayapan destroyed, and a new confederacy established with the Tutul Xius at the head, Uxmal being at first their capital, the Itzas second, and the Cheles at Izamal third. The Tutul Xiu rule was no less glorious than that of the Cocomes. They rebuilt Mayapan and made it once more the capital, but the unfortunate city was again sacked, this time by foreigners--perhaps the Quichés--in the thirteenth century; and was finally destroyed in the middle of the fifteenth century by the vassal lords of the realm, who revolted, overthrew the Tutul Xiu dynasty, obtained their complete independence, and ruled each his petty province with sovereign power. This was their condition when the Spaniards came, but before that time by civil war, and by famine and pestilence also, as tradition tells us, the power of the rulers and the population of the country had been greatly diminished and the ancient Maya glory had departed forever. Shortly before the final destruction of the monarchy a portion of the Itzas had left Chichen and migrated southward to found a small but powerful nation in what is now the province of Peten, belonging politically to Guatemala. It is from traditionary accounts of the kingdom under the Tutul Xius, and from the meagre observations of the Spaniards in the sixteenth century that our slight knowledge of Maya institutions in the peninsula is gained.

The highest title of the king at Mayapan was Ahtepal, which signifies in the Maya tongue 'Majestic,' or 'August.' His power was absolute, but he rarely acted in matters of importance without consulting his lords, and, in accordance with their advice and that of the chief priests, he appointed all officials, secular and religious, in the kingdom, possessing moreover the right to organize all courts and to condemn to death any of his subjects. The succession to the throne was confined to the royal family, to the male line, and to the sons of noble wives; the eldest son seems to have been the acknowledged heir to the throne, and Landa tells us that if the king died during the childhood of his heir, then his eldest or most capable brother ruled not only during the son's minority but during all his own life; and in case there were no brothers the priests and nobles chose a suitable person to reign.[909] One author speaks of the king as having the right to appoint a council which should name his successor, and Remesal mentions that in the province of Campeche, a woman who came in the direct line of succession received high honors, but the most capable of her male relatives ruled the state.[910]

[Sidenote: COURT ETIQUETTE IN YUCATAN.]

Whenever the king appeared in public, he was always attended by a large company and wore a long white flowing robe decorated with ornaments of gold and precious stones, bracelets, a magnificent collar, and sandals of gold. His crown was a plain golden circle somewhat wider on the forehead than behind, and surmounted with a plume of quetzal-feathers. This bird was reserved for the king and highest nobles, death being the penalty, according to Ordoñez, for one of lower rank who should capture the bird or wear its plumage. The monarch was borne on the shoulders of his nobles reclining in a palanquin, shaded by a feather canopy, and constantly fanned by attendants of high rank. Any person who came into the presence of the king or other high official, was expected to bring some gift proportioned to his means, and Herrera informs us that the highest mark of respect was to place the right hand, anointed with spittle, on the ground and then to rub it over the heart. Villagutierre mentions without description a kind of small throne among the Itzas, and states that the king of this southern realm bore the title of Canek, the name of the leader of their migration. Our only knowledge of the royal palaces of Yucatan is derived from their examination, when more or less in ruins, by modern explorers; consequently I refer the reader to the chapter on Maya buildings for a general description of these grand stone structures, and to another volume of this work for a detailed account with illustrative plates.

The nobility of the highest class belonged to members of the royal families, the Cocomes, Tutul Xius, Cheles, and Itzas, those of the reigning king's own blood taking naturally the highest rank. Ahau was the ordinary title of the princes, and Halach Winikel, 'most majestic men,' was a high title among the Tutul Xius. From nobles of the royal families mentioned, governors of provinces, and all the highest officials were chosen. Their positions were nominally at the king's disposal, but practically they descended hereditarily in the same manner as the royal power, the king interfering with new appointments only on extraordinary occasions. These rulers were almost absolute in matters concerning their own provinces, and exacted great honors, ceremonial attendance, and implicit obedience from all their subjects; but they were not exempt in matters of crime from the penalties of the law, and were obliged to reside during a part of each year in the capital, to render personal service to the monarch, and to take part in the supreme council by which he was guided in the administration of public affairs. They were, however, exempt from all tribute except that of personal service, and lived on the product of portions of the public domain assigned them. Cogolludo tells us that the nobles of Mayapan were also required to perform certain services in the temples, and to assist at the religious festivals. They not only had the exclusive right to the government of provinces, but also to the command of armies.

Nobles of a lower class, with the title Batab, governed cities, villages, or other subdivisions of provinces. They were not of royal blood, or at least were only connected with the reigning family through the female branch. Their position was also practically hereditary, although the heir could not assume his inherited rank without the royal sanction. No government officials received any salary, but they were obliged to maintain themselves and the poor and disabled of their respective communities from the products of their inherited estates.[911]

[Sidenote: THE QUICHÉ-CAKCHIQUEL EMPIRES.]

The most powerful kingdoms in Guatemala at the coming of the Spaniards were, that of the Quichés, whose capital was Gumarcaah, or Utatlan, near the site of the modern Santa Cruz del Quiché; and that of the Cakchiquels, capital Iximché, or Patinamit, near Tecpan Guatemala. These two nations were independent of and hostile to each other in the sixteenth century, but they had been united in one empire during the days of Guatemala's greatest glory, their separation dated back only about a century, and their institutions were practically identical, although they were traditionally distinct tribes in the more remote past. The same remark may be made respecting the institutions of the other nations in Guatemala which were wholly or partially independent of the powers mentioned above. All the aboriginal powers had greatly deteriorated by wars, one with another, and their mutual hatred made their defeat by foreigners possible, as had been the case in the conquest of the Nahua nations farther north.

There is little doubt that the Quiché-Cakchiquel peoples were direct descendants of Votan's subjects, but the line of traditional history that unites the two empires is broken at many points and cannot be satisfactorily followed. There are evidences also of foreign, chiefly Nahua, influences in the molding of Quiché institutions, exerted before or after the Toltec era in Anáhuac, probably at both periods. The traditional history of the Quiché empire for three or four centuries before the Conquest, rests almost entirely on manuscripts written in the native languages with the Roman alphabet, which have only been consulted by one modern writer. Into the labyrinth of this complicated record of wars and political changes I shall not attempt to enter, especially since the general nature of Quiché institutions does not seem to have been perceptibly modified by the events recorded.

An aristocratic monarchy, similar in nearly every feature to that I have described in Yucatan, seems to have been the basis of Quiché government from the first. All high positions, judicial, military, or sacerdotal, were hereditary and restricted to noble families, who traced their genealogy far back into the mythic annals of the nations. Between noble and plebeian blood the lines were sharply defined. The nobles were practically independent and superior in their own provinces, but owed tribute, allegiance, and military aid to the monarch. At the time of Guatemala's highest prosperity and glory, when King Qikab from his throne in Utatlan ruled over all the country, the monarch, if we may credit the traditional account, made an effort to diminish the power of the nobles, by conferring military commands and other high positions on the ablest men of plebeian blood. Thus a new class of nobles, called Achihab was created. This newly conferred power became, acting with the alienation of the old hereditary nobility, too great to be restrained by the monarch who created it. The Achihab became ambitious and insubordinate; they were at last put down, but the dissolution of the empire into several states was the indirect result of their machinations.

[Sidenote: SUCCESSION TO THE QUICHÉ THRONE.]

Respecting the order of succession to the Quiché throne Torquemada and Juarros state that the king's brother was the king elect, and the direct heir to the throne; the king's oldest son was the senior captain and the next heir; and the latter's first cousin, the nephew of the king, was junior captain and third heir. When the king died each heir was promoted one degree, and the vacant post of junior captain was filled by the nearest relative--_whose_ nearest relative the authors neglect to say. Whoever may have been elevated to the vacant position the whole system as a regular order of succession would be a manifest absurdity. Brasseur de Bourbourg agrees with the authors cited and gives to the king, the elect, and the two captains the titles of Ahau Ahpop, Ahau Ahpop Camha, Nim Chocoh Cawek, and Ahau Ah Tohil, respectively; but when the last position was left vacant by the death of the king, the Abbé tells us that "it was conferred upon the eldest son of the new monarch,"--that is, upon the same man who held it before! Padre Ximenez implies perhaps that the crown descended from brother to brother, and from the youngest brother to a nephew who was a son of the oldest brother. I have no authorities by the aid of which to throw any light upon this confused subject; it is evident, however, that if the last-mentioned system, identical with that which obtained among some of the Nahua nations, be not the correct one, nothing whatever is known of the matter in question.[912]

All the authorities state that this remarkable system of succession was established to prevent the power from coming into the hands of young and inexperienced men; and that an incompetent person in the regular line could not succeed to the throne, but retained throughout his life the rank to which he was born. It is not clearly explained how the heir's competency was decided upon, but it seems probable that the matter was settled by the reigning king with the advice of his council of princes. The king's children by his first wife were preferred above the rest, though all received high honors. At Rabinal the Ahau, or ruling prince, was regularly chosen by the nobles, from the royal family, but was not necessarily a son or brother of the last ruler. Among the Cakchiquels the succession alternated between two royal families. The king's title was Ahpozotzil; the next heir from the other branch bore the title Ahpoxahil; their eldest sons, the elder of which became Ahpoxahil on the king's death, had the titles Ahpop Qamahay and Galel Xahil. Inferior titles were Galel Qamahay, Atzih Winak, and Ahuchan Xahil, the bearers of which succeeded to the throne in default of nearer heirs. It will be noticed that this plan of succession is but little clearer than that attributed to the Quichés.[913]

[Sidenote: CORONATION IN GUATEMALA.]

The ceremonies of coronation in the kingdom of Rabinal, and, so far as can be known, in the other kingdoms of Guatemala, consisted of an assemblage of all the nobles at the capital,--each being obliged to attend or send a representative--the presentation of gifts and compliments to the new king, a discourse of congratulation and advice addressed to him by one of the ancients, and finally a splendid feast which lasted several days and usually degenerated into a drunken orgy. The Quichés and Cakchiquels also bathed the new king and anointed his body with perfumes before seating him on the throne, which was a seat, not described, placed on a carpet or mat, and surmounted by four canopies of feather-work placed one above another, the largest at the top; the seats of the three lower princes already mentioned were also shaded by canopies, three, two, and one, respectively. Whenever he appeared in public the monarch was borne in a palanquin on the shoulders of the nobles who composed his council.[914]

The machinery of government was carried on in the provinces by lieutenants of the king's appointment, and the monarch was advised in all matters of state by a council of nobles. Juarros tells us that the supreme Quiché council was composed of twenty-four grandees, who enjoyed great privileges and honors, personally attended the king, and managed the administration of justice and the collection of the royal revenue, but were liable to severe punishment if they committed crime. Brasseur de Bourbourg speaks of a supreme council, giving the names of the princes that composed it, and also of an ordinary council whose members were called _alchaoh_, or 'judges,' and were entrusted with the collection of tribute. The other authorities, Torquemada and Ximenez, state that the councils were not permanent, but were summoned by the king and selected for their peculiar fitness to give advice upon the subject under consideration. The lieutenants had also their provincial councils to advise them in matters of local importance, but all cases of national import, or affecting in any way the nobles of high rank, were referred to the royal council. So great was the power of the nobles assembled in council, that they might, under certain conditions, depose a tyrannical sovereign and seat the next heir on the throne. No person unless of noble blood could hold any office whatever, even that of doorkeeper to the council-chamber, if we may credit Juarros; consequently the greatest pains was taken to insure a lineage free from any plebeian stain. A noble marrying a woman of the common people was degraded to her rank, took her name, and his estate was forfeited to the crown. Ximenez states that traveling officials visited from time to time the different provinces, to observe the

## actions of the regular judges, and to correct abuses.[915]

[Sidenote: THE QUICHÉ NOBILITY.]

The following is the Abbé Brasseur's account of the grades of nobility taken from the Quiché manuscript published under the title of Popol Vuh: "Three principal families having a common origin constituted the high nobility of Quiché, modeled on the ancient imperial family of the Toltecs. The first and most illustrious was the house of Cawek, the members of which composed the royal family proper; the second was that of Nihaïb; and the third that of Ahau Quiché. Each of these houses had its titles and charges perfectly distinct and fixed, which never left it, like the hereditary offices of the English court at the present time; and to each of these offices were attached fiefs, or particular domains, from which the titularies drew their revenue, their attendants, and their vassals, and a palace where they lived during their stay in the capital. The house of Cawek, or royal house proper, included only princes of the blood, like the eldest branch of the Bourbons in France. It was composed of nine _chinamital_, or great fiefs, whose names corresponded to those of the palaces occupied by these princes in the capital, and whose titles were as follows:--I. Ahau Ahpop, or 'lord of the princes,' title of the king, corresponding nearly to 'king of kings,' whose palace was called _cuha_; II. Ahau Ahpop Camha, or 'lord of the princes and seneschal' (_camha_, he who cares for the house, majordomo), whom the Spaniards called the second king, and whose palace was called _tziquinaha_, or 'house of birds;' III. Nim Chocoh Cawek, or 'grand elect of Cawek;' IV. Ahau Ah Tohil, or 'lord of the servants of Tohil,' priests of Tohil, the principal Quiché god; V. Ahau Ah Gucumatz, or 'lord of the servants of Gucumatz,' (priests of Quetzalcoatl); VI. Popol Winak Chituy, or president of the counsellors; VII. Lolmet Quehnay, the principal receiver of royal tributes, or minister of finance; VIII. Popol Winak Pahom Tzalatz Xcaxeba, or 'grand master of the hall of the council of the game of ball;' IX. Tepeu Yaqui, 'chief or lord of the Yaquis' (Toltecs, or Mexicans).

"The house of Nihaïb, the second in rank, had also nine chinamital, with names corresponding to their palaces, and titles as follows: I. Ahau Galel, 'lord of the bracelets,' or of those who have the right to wear them, and chief of the house of Nihaïb; II. Ahau Ahtzic Winak, 'lord of those who give,' or of those who made presents (especially to ambassadors, who were introduced by him); III. Ahau Galel Camha, 'lord of the bracelets, and seneschal;' IV. Nimah Camha, 'grand seneschal;' V. Uchuch Camha, 'mother of the seneschals;' VI. Nima Camha Nihaïb, 'grand seneschal of Nihaïb;' VII. Nim Chocoh Nihaïb, 'grand elect of Nihaïb;' VIII. Ahau Awilix, 'lord of Awilix' (one of the gods of the Quiché trinity); IX. Yacol Atam, 'grand master of feasts.'

"The third house, that of Ahau Quiché, had only four chinamital with the following titles: I. Ahtzic Winak Ahau, 'great lord of givers;' II. Lolmet Ahau, 'grand receiver;' III. Nim Chocoh Ahau, 'lord grand elect;' IV. Ahau Gagawitz, 'lord of Gagawitz' (one of the gods of the Quiché trinity)."[916]

[Sidenote: PIPILES AND NICARAGUANS.]

Respecting the Chiapanecs, who are not generally considered as the descendants of the peoples who inhabited the country in Votan's time, we have no knowledge of their government save a probably unfounded statement by García that they were ruled by two chiefs, elected each year by the priests, and never had a king.[917] The Pipiles in Salvador, although traditionally among the partially civilized nations, seem to have been governed in the sixteenth century by local chieftains only, like most of the wild tribes already described. These chiefs handed down their power, however, to their sons or nearest relatives. Palacio tells us that to regulate marriages and the planting of crops was among the ruler's duties. Squier concludes that all these petty chiefs were more or less allied politically, and acted together in matters affecting the common interests.[918]

Nicaragua, when first visited by Europeans, was divided into many provinces, inhabited by several nations linguistically distinct one from another, one of them, at least, speaking the Aztec tongue; but in respect to their government and other institutions, the very meagre information preserved by Oviedo enables us to make little or no distinction between the different tribes. In many of the provinces we are told the people lived in communities, or little republics, governed by certain _huehues_, or 'old men,' who were elected by the people. These elective rulers themselves elected a captain-general to direct their armies in time of war, which official they had no hesitation in putting to death when he exhibited any symptoms of insubordination or acquired a power over the army which seemed dangerous to the public good. In other and probably in most provinces a chieftain, or _teite_, ruled the people of his domain with much the same powers and privileges as we have noticed in Yucatan and Guatemala. These teites had their petty vassals and lords to execute their orders, and to accompany them in public displays, but it seems they could claim no strictly personal services in their palaces from any but members of their own household. Peter Martyr speaks of a 'throne adorned with rich and princely furniture.' These rulers affected great state, and insisted on a strict observance of court etiquette. They would receive no message, however pressing the occasion, except through the regularly appointed officials; and one of them, in an interview with the Spaniards, would not condescend to open his royal mouth to the leader until a curtain was held between him and his foreign hearers. On several occasions they met the Spaniards in a procession of men and women gaily decked in all their finery, marching to the sound of shell trumpets, and bearing in their hands presents for the invaders. But even in the provinces nominally ruled by the teites, all legislative power was in the hands of a council called _monexico_, composed of old men, who were elected every four moons. Without the consent of the monexico the chief could take action in no public matter whatever, not even in war. The council could decide against the teite, but he had the right to assemble or dissolve it, and to be present at all its meetings. The decisions of the monexico were made known in the market-place by a crier, whose badge of office was a rattle. The lords also, in sending an ambassador or messenger on any public business, gave him a fan, bearing which credential he was implicitly trusted wherever he might go. Two members of the council were chosen as executive officers, and one of them must be always present in the market-place to regulate all dealings of the buyers and sellers. Squier says that the council-houses were called _grepons_, and its corridors or porticos _galpons_; Oviedo in one place terms the buildings _galpones_, and in another applies the name to a class of vassal chiefs.[919]

[Sidenote: THE MAYA PRIESTHOOD.]

It is only of the priesthood as connected with the government, as an order of nobility, as a class of the community, that a mention is required here: In their quality of priests proper, religious teachers, oracles of the gods, leaders of ceremonious rites, confessors, and sacrificers, they will be treated of elsewhere. Their temporal power, directly exercised, or indirectly through their influence upon kings and chieftains, was perhaps even greater than we have found it among the Nahua nations. Votan, Zamná, Cukulcan, and all the other semi-mythical founders of the Maya civilization, united in their persons the qualities of high-priest and king, and from their time to the coming of the Spaniards ecclesiastical and secular authority marched hand in hand. In Yucatan, the Itzas at Chichen were ruled in the earlier times by a theocratic government, and later the high-priest of the empire, of the royal family of the Cheles, became king of Izamal, which became the sacred city and the headquarters of ecclesiastical dignitaries. The gigantic mounds still seen at Izamal are traditionally the tombs of both kings and priests. The office of chief priest was hereditary, the succession being from father to son--since priests and even the vestal virgins were permitted to marry--but regulated apparently by the opinions of kings and nobles, as well as of ecclesiastical councils. The king constantly applied to the high-priest for counsel in matters of state, and in turn gave rich presents to the head of the church; the security of the temples was also confided to the highest officers of the state. The rank of Ixnacan Katun, or superior of the vestals, was founded by a princess of royal blood.

In Guatemala the high-priests who presided over the temples of the Quiché trinity, Tohil, Awilix, and Gucumatz, were all princes of the three royal families; their titles have been given in the lists of the Quiché nobility; and one of the most powerful kings is said to have created two priestly titles for the family of Zakik, to each of which he attached a province for its support. Ximenez tells us that in Vera Paz the chief priest, next in power to the king, was elected from a certain lineage by the people. In the province of Chiquimula, Mictlan is described as a great religious centre, and a shrine much visited by pilgrims. Here the power was in the hands of a sacerdotal hierarchy, hereditary in one family, whose chief bore the title Teoti and was aided by an ecclesiastical council of five members, which controlled all the priesthood, and from whose number a successor to the Teoti was appointed by the chief of the Pipiles, or, as some authorities state, was chosen by lot.

Thus we see that while the priesthood had great power over even the highest secular rulers in all the Maya nations, yet the system by which the high-priests were members of the royal families, rendered their power a support to that of royalty rather than a cause of fear. The fear which kings experienced towards the priests seems consequently to have been altogether superstitious on account of their supernatural powers, and not a jealous fear of any possible rivalry. Ordinary priests were appointed by the higher authorities of the church, but whether the choice was confined to certain families, we are not informed. It is altogether probable, however, that such was the case in nations whose lowest secular officers must be of noble blood.[920]

[Sidenote: PLEBEIANS AND SLAVES.]

In the south as in the north, the status of the lower classes, or plebeians, has received no attention at the hands of the Spanish observers. We know that in Yucatan the nobles were obliged to support from their revenues such of the lower classes as from sickness, old age, or other disabling cause were unable to gain a livelihood. It has been seen also that none of plebeian blood could hold any office, the only exception noted being the attempt of one of the Quiché kings to humiliate the aristocracy by raising plebeian soldiers to the new rank of Achihab, 'men' or 'heroes.' The lower classes of freemen were doubtless for the most part farmers, each tilling the portion of land allotted him in the domain of a noble; and beyond the obligation to pay a certain tax from the product of their labor, and to render military service in case of necessity, they were probably independent, and often wealthy.[921]

Lowest in the scale among the Mayas as elsewhere in America were the slaves. Slavery was an institution of all the nations in the sixteenth century, and had been traditionally for some centuries. In Yucatan, tradition speaks of a time when slavery was unknown; its introduction by a powerful Cocome king was one of the acts of oppression which brought about a revolution and deposed him from the throne. During the power of the Tutul Xius which followed, slavery is said to have been abolished, but must--if indeed the tradition be not altogether unfounded--have been re-introduced at a still later period.[922] In the annals of other Maya nations no time seems to be noted when slaves were not held. This unfortunate class was composed chiefly of captives in war, or of those whose parents had been such; the condition was hereditary, but, in Yucatan at least, the children had the right to redeem themselves by settling on unoccupied lands and becoming tribute-payers. Foreign slaves were also brought into the country for sale; and Cortés speaks of Acalan, a city of Guatemala, as a place where an extensive trade in human kind was carried on.[923] In Nicaragua a father might sell himself or his children into bondage, when hard pressed by necessity; but in such cases he seems to have had the right of redemption.[924] In Nicaragua and Yucatan the thief was enslaved by the owner of stolen property, until such time as he paid its value; he could even be sold to other parties, but it is added that he could only be redeemed in Nicaragua with the consent of the cacique. In Yucatan, if a slave died or ran away soon after his sale the purchaser was entitled to receive back a portion of the price paid.[925]

[Sidenote: TREATMENT OF SLAVES.]

Kidnapping, according to Las Casas, was common in Guatemala, but the laws against the offence were very severe. He who sold a free native into slavery was clubbed to death, his own wife and children were sold, and a large part of the price received went to fill the public exchequer.[926] Pimentel concludes that slaves were more harshly treated in Yucatan than in Mexico; Gomara and Herrera state that no punishment was decreed to him who killed a slave in Nicaragua; but in Yucatan the killer of another's slave must pay the full value of the property destroyed, and was also amenable to punishment if the murdered slave was his own. In Guatemala if a freeman had sexual intercourse with the female slave of another he had to pay the owner her full value or purchase for him another of equal value; but if the woman were a favorite of the owner, the penalty, though still pecuniary, was much increased. In the province of Vera Paz, as Las Casas states, if slaves committed fornication with women of their own condition, both parties were slain by having their heads broken between two stones, or by a stick driven down the throat, or by the garrote; the man, however, being sometimes sold for sacrifice. Among the Pipiles a freeman cohabiting with a slave was himself enslaved, unless pardoned by the high-priest for services rendered in war. In Yucatan, as it is expressly stated, and elsewhere probably, the master was permitted to use his female slaves as concubines, but the offspring of such connection could not inherit. Thomas Gage tells us of a town in Guatemala whose inhabitants in the olden time were all slaves and served the people of Amatitlan as messengers. The only distinguishing marks of slaves that are mentioned were the shearing of the hair in Yucatan, and marks of powdered pine charcoal, called _tile_, in Nicaragua.[927]

Respecting the tenure of landed property among the Maya nations the little information extant applies chiefly to Yucatan. The whole country, as we have seen, was divided into many domains, or fiefs, of varying extent, ruled over by nobles, or lords, of different rank. Although each lord had, under the king, nearly absolute authority over his domain, yet he does not seem to have been regarded as in any sense the owner of the lands, or to have had a right to sell or in any way alienate them. A certain portion of these lands were set apart for the lord's support, and were worked by his people in common; the rest of the land seems to have been divided among the people, the first occupant being regarded in a certain sense as its owner, and handing it down as an inheritance from generation to generation, but having no right to sell it, and being also obliged to contribute a certain part of its products to the lord of the domain. Cogolludo and Landa speak of the land as being common property, yet by this they probably do not mean to imply that any man had a right to trespass on the cultivated fields of another, but simply that unoccupied lands might be appropriated by any one for purposes of cultivation. Game, fish, and the salt marshes were likewise free to all, but the hunter, fisherman, or salt-maker must pay a tribute to the lords and to the king. In Nicaragua land could not be sold, and if the owner wished to change his residence he had to leave all his property to his relatives, since nothing could be removed.[928]

[Sidenote: INHERITANCE AND TAXATION.]

At a man's death his property, in Yucatan, was divided between his sons equally, except that a son who had assisted his father to gain the property might receive more than the rest. Daughters inherited nothing, and only received what might be given from motives of kindness by the brothers. In default of sons, the inheritance went to the brothers or nearest male relatives. Minor heirs were entrusted to tutors who managed the estate, and from it received a recompense for their services. According to Oviedo, property in Nicaragua was inherited by the children, but if there were no children, it went to the relatives of both father and mother. Squier states that in the latter case all personal property was buried with the deceased.[929]

Taxes and tribute paid by the people for the support of the kings and nobles consisted of the products of all the different industries. The merchant contributed from the wares in which he dealt; the farmer from the products of the soil, chiefly maize and cacao; the hunter and fisherman from the game taken in forest and stream. Cotton garments, copal, feathers, skins, fowl, salt, honey, and gold-dust composed a large part of the tribute, and slaves are also mentioned in the lists. Personal labor in working the lands of the lords, and in supplying his household with wood and water, was also an important element of taxation in the provinces. Officials were appointed to assess and collect taxes from all subjects. In Yucatan the tribute of the king and that of the local lords were kept separate and were attended to by different officials; but in Guatemala it is implied that all taxes were collected together and then distributed to the king and several classes of nobles according to their rank. In the ancient times those who lived in Mayapan were exempt from all taxation. In Nicaragua, we are told that the teite received no tribute or taxes whatever from his subjects, but in the case of a war or other event involving extraordinary expense, the council decided upon the amount of revenue needed, and chose by lot one of their number to assess and collect it. Taxation among the Mayas does not seem to have been oppressive, and the attempt to extort excessive tribute contributed largely to the overthrow of the Cocome power in the twelfth century.[930]

A sale of property or other contract was legalized in Yucatan by the

## parties drinking before witnesses. A strict fulfillment of all

contracts was required both by the law and by public sentiment. Heirs and relatives were liable, or at least assumed the liability, for debts; and often paid, as did the lords of the province, the pecuniary penalty incurred by some poor man, especially if the crime had been committed involuntarily or without malice.[931]

[Sidenote: ADMINISTRATION OF JUSTICE.]

The administration of justice and the execution of the laws were among the Mayas entrusted to the officials that have been mentioned in what has been said respecting government. Serious crimes or other important matters affecting the interests of the king, of the state, or of the higher ranks of nobility, were referred directly to the royal council presided over by the monarch. The king's lieutenants, or lords of royal blood who ruled over provinces, took cognizance of the more important cases of provincial interest; while petty local questions were decided by subordinate judges, one of whom was appointed in each village or hamlet. But even in the case of the local judges the advice of a council was sought on every occasion, and persons were appointed to assist both judges and parties to the suit in the character of advocates. Although these judges had the right to consult with the lord of their province, and the latter, probably, with the royal council, yet after a decision was rendered, there was apparently no right of appeal in any case whatever; but we are told that in Yucatan at least a royal commissioner traveled through the provinces and reported regularly on the manner in which the judges performed their duties, and on other matters of public import. Both judges and advocates might receive presents from all the parties to a suit, according to Cogolludo, and no one thought of applying for justice without bringing some gift proportioned to his means. In Guatemala, as Las Casas states, the judge received half the property of the convicted party; this is probably only to be understood as applying to serious crimes, which involved a confiscation of all property.

In Vera Paz the tax-collectors served also as constables, being empowered to arrest accused parties and witnesses, and to bring them before the judges. Very little is known of the order of procedure in the Maya courts, but great pains was apparently taken to ascertain all the facts bearing on the case, and to render exact justice to all concerned. Court proceedings, testimony, arguments, and decisions are said to have been altogether verbal, there being no evidence that written records were kept as they were by the Nahuas, although the Maya system of hieroglyphic writing cannot be supposed to have been in any respect inferior to that of the northern nations. Nothing in the nature of an oath was exacted from a witness, but to guard against false testimony in Yucatan a terrible curse was launched against the perjurer, and a superstitious fear of consequences was supposed to render falsehood impossible. In Guatemala so much was the perjurer despised that a fine and a reprimand from the judge were deemed sufficient punishment. Torture, if we may credit Las Casas, by tying the hands, beating with clubs, and the inhalation of smoke, was resorted to in Vera Paz to extort confession from a person suspected of adultery or other serious crimes. Great weight seems to have been attached to material evidence; for instance, it was deemed important to take the thief while in actual possession of the stolen property; and a woman to convict a man of rape must seize and produce in court some portion of his wearing-apparel. The announcement of the judge's decision was, as I have said, delivered verbally, and sometimes, when the parties to the suit were numerous, Cogolludo informs us that all were invited to a banquet, during which the verdict was made known. As there was no appeal to a higher tribunal, so there seems to have been no pardoning power, and the judge's final decision was always strictly enforced. Except a mention by Herrera that the Nicaraguan ministers of justice bore fans and rods, I find no account of any distinguishing insignia in the Maya tribunals.

[Sidenote: MAYA PUNISHMENTS.]

Punishments inflicted on Maya criminals took the form of death, slavery, and pecuniary fines; imprisonment was of rare occurrence, and apparently never inflicted as a punishment, but only for the retention of prisoners until their final punishment was legally determined. Cogolludo states that culprits were never beaten, but Villagutierre affirms that, at least among the Itzas, they were both beaten and put in shackles; and the same author speaks of imprisonment for non-payment of taxes at Coban. The death penalty was inflicted by hanging, by beating with the garrote, or club, and by throwing the condemned over a precipice. Ximenez mentions burning in Guatemala; Oviedo speaks of impalements in Yucatan; those condemned to death in Nicaragua seem to have been sacrificed to the gods by having their hearts cut out; and throwing the body from a wall or precipice is the only method attributed to the Pipiles.

At a town in Yucatan called Cachi, Oviedo mentions a sharp mast standing in the centre of a square and used by the people for impaling criminals alive. The method of imprisonment, as described by Cogolludo, consisted in binding the hands behind the back, placing about the neck a collar of wood and cords, and confining the culprit thus shackled in a wooden cage. At Campeche a place of punishment is mentioned by Peter Martyr and Torquemada as having been seen by the early voyagers. Three beams or posts were fixed in the ground, to them were attached three cross-beams, and scattered about were blood-stained arrows and spears. This apparatus would indicate, if it was really a place of punishment, a method of inflicting the death-penalty not elsewhere mentioned; and a stone structure adjoining, covered with sculptured emblems of punishment is suggestive of ceremonial rites in connection with executions. The death sentence generally involved the confiscation of the criminal's property and the enslaving of his family. All but the most heinous offences could be expiated by the payment of a fine consisting of slaves or other property, and the whole or a large part of this fine went to the judges, the lords, or the king.

Murder was punished in all the nations by death, but in Yucatan and Nicaragua if there were extenuating circumstances, such as great provocation or absence of malice, the crime was atoned by the payment of a fine. In Yucatan a minor who took human life became a slave; the killing of another's slave called for payment of the value destroyed; the killing of one's own slave involved a slight penalty or none at all. In Nicaragua no penalty was decided upon for the murder of a chief, such a crime being deemed impossible.

Theft was atoned by a return of the stolen property and the payment of a fine to the public treasury. In case the criminal could not pay the full value he was sold as a slave until such time as he might be able to redeem his freedom. In some cases the amount seems to have been paid with the price he brought as a slave, and in others he served the injured party. Fines, however, in most cases seem to have been paid by the relatives and friends of the guilty party, so that the number of persons actually enslaved was perhaps not very large. In Guatemala stolen articles of trifling value went with the fine to the public treasury, since the owner would not receive them. The incorrigible thief, when his friends refused to pay his fine, was sometimes put to death; and death was also the penalty for stealing articles of value from the temple. In Nicaragua the thief who delayed too long the payment of his fine was sacrificed to the gods; and in Salvador, banishment was the punishment for trifling theft, death for stealing larger amounts. Landa informs us that in Yucatan a noble who so far forgot his position as to steal had his face scarified, a great disgrace.

[Sidenote: CRIMINAL CODE.]

Adultery was punished in Yucatan and Guatemala with death; in the latter if the parties were of the common people they were thrown from a precipice. Fornication was atoned by a fine, or if the affronted relatives insisted, by death. A woman who was unchaste was at first reprimanded, and finally, if she persevered in her loose conduct, enslaved. Rape in Guatemala was punished by death; an unsuccessful attempt at the same, by slavery. Marriage with a slave, as already stated, reduced the freeman to a slave's condition; sexual connection with one's own slave was not regarded as a crime. He who committed incest in Yucatan was put to death.

Treason, rebellion, inciting to rebellion, desertion, interference with the payment of royal tribute, and similar offences endangering the well-being of the nations, were sufficient cause for death.

In Guatemala he who kidnapped a free person and sold him into slavery, lost his life. For an assault resulting in wounds a fine was imposed. He who killed the quetzal, a bird reserved for the kings, was put to death; and the same fate was that of him who took game or fish from another's premises, if the injured party was an enemy and insisted on so severe a penalty.

The Pipiles condemned a man to be beaten for lying; but the same offence in time of war demanded capital punishment, as did any disrespect shown for the sacred things of religion.

Ximenez states that in Guatemala the _balam_, or sorcerer, was burned; the same offence in Vera Paz, according to Torquemada, caused the guilty party to be beaten to death or hanged.

A strict payment of all just debts was enforced, and in Guatemala he who bought many things on credit and failed to pay for them was finally enslaved or even killed. Both here and in Nicaragua the borrower was obliged to return or pay for borrowed articles, and, if the articles were products of the soil, the lender might repay himself from the borrower's field. He who injured another's property, even servants in the lord's palace who broke dishes or furniture, must make good all damage. In Yucatan, we are told that a man could not be taken for debt unaccompanied by crime. Some additional laws and regulations of the Maya nations will appear in their appropriate places in other chapters.[932]

FOOTNOTES:

[906] See pp. 81-123 of this volume, and especially pp. 114-23, on the Maya nations.

[907] Although Brasseur de Bourbourg, on the authority of some of his original MSS. perhaps, states that Xibalba in the height of its glory was ruled by thirteen princes, two of whom were kings, the second being subordinate to the first; and also that there was a council of twelve, presided over by the king. He also mentions a succession of seventeen kings after Votan. _Hist. Nat. Civ._, tom. i., pp. 127, 123, 95-7.

[908] _Cogolludo_, _Hist. Yuc._, pp. 178-9; _Ordoñez_, _Hist. del cielo y de la Tierra_, MS.; _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. i., pp. 78-80.

[909] 'Si moria el señor, aunque le succediesse el hijo mayor, eran siempre los demas hijos muy acatados, y ayudados y tenidos por señores.' _Landa_, _Relacion_, p. 112. 'Si quando el señor moria no eran los hijos para regir y tenia hermanos, regia de los hermanos el mayor o el mas desenbuelto y al heredero mostravan sus costumbres y fiestas para quando fuesse hombre y estos hermanos, aunque el eredero fuesse para regir, mandavan toda su vida, y sino avia hermanos, elegian los sacerdotes y gente principal un hombre sufficiente para ello.' _Id._, p. 138. Brasseur de Bourbourg, in his French translation of this passage, gives a different meaning from what I deem the correct one as given in my text. He understands that the brother succeeded in any case. 'Ce n'étaient pas ses fils qui succédaient au gouvernement, mais bien l'aîné de ses frères,' and also that the person appointed by the priests if there was no brother, ruled only during the heir's minority, 'jusqu'à la majorité de l'héritier,' all of which may be very reasonable, but certainly is not found in the Spanish text.

[910] 'Organisait les conseils de la religion et de l'état qui devaient, après lui, nommer son successeur.' _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii, pp. 53-6; _Remesal_, _Hist. Chyapa_, p. 256.

[911] 'Todos los señores tenian cuenta con visitar, respetar, alegrar a Cocom, acompañandole y festejandole y acudiendo a el con los negocios arduos.' _Landa_, _Relacion_, p. 40. A kind of mayordomo called Caluac, whose badge of office was a thick short stick, was the agent through whom the lord performed the routine duties of his position. _Ib._ 'Concertavan las cosas, y negocios principalmente de noche.' _Id._, p. 112. 'Fuè todo el Reyno de Yucatàn, y sus Provincias, con el Nombre de Mayapàn, desde que los Indios fueron à èl y le poblaron, sujeto à vn solo Rey, y Señor absoluto, con Govierno Monarquico. No durò esto poco tiempo, sino por muchos Años.' _Villagutierre_, _Hist. Conq. Itza_, p. 28. Among the Itzas Cortés was visited by 'el Canek, con treinta y dos Principales.' _Id._, p. 46. 'Despues llamó el Canek à Consejo à todos sus Capitanes, y Principales.' _Id._, p. 91. 'Vno, como à modo, ò forma de Trono pequeño, en que èl solia estar.' _Id._, p. 105. 'Vna Corona de Plumas, de varios colores.' _Id._, p. 349. Yucatan 'regido de Señores

## Particulares, que es el Estado de los Reies: Governavanse por Leies, y

costumbres buenas; vivian en Paz, y en Justicia, que es Argumento de su buen Govierno.' _Torquemada_, _Monarq. Ind._, tom. ii., p. 345. Brasseur refers to Torquemada, tom. xi., cap. xix., on Yucatan Government, but that chapter relates wholly to Guatemala. 'Quando los Señores de la Ciudad de Mayapàn dominaban, toda la tierra les tributaba.' In later times they attached much importance to their royal blood. _Cogolludo_, _Hist. Yuc._, p. 179. 'Dizese, que vn Señor de la Ciudad de Mayapàn, cabeça de el Reyno, hizo matar afrentosamente à vn hermano suyo, porque corrompió vna doncella.' _Id._, p. 182. See also on the system of government in Yucatan: _Herrera_, _Hist. Gen._, dec. ii., lib. iv., cap. vii., dec. iv., lib. x., cap. ii-iv.; _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., pp. 16-17, 38, 46, 53-6, 72; _Las Casas_, in _Kingsborough's Mex. Antiq._, vol. viii., p. 147; _Morelet_, _Voyage_, tom. i., pp. 182-4; _Pimentel_, _Mem. sobre la Raza Indígena_, p. 27; _Carbajal Espinosa_, _Hist. Mex._, tom. i., p. 262; _Ternaux-Compans_, in _Nouvelles Annales des Voy._, 1843, tom. xcvii., pp. 45-6, 146; _Fancourt's Hist. Yuc._, pp. 55-6, 115-16.

[912] 'It was ordained that the eldest son of the king (that is, of the first king who founded the monarchy) should inherit the crown; upon the second son the title of _Elect_ was conferred, as being the next heir to his elder brother; the sons of the eldest son received the title of Captain senior, and those of the second Captain junior. When the king died, his eldest son assumed the sceptre, and the Elect became the immediate inheritor; the Captain senior ascended to the rank of Elect, the Captain junior to that of Captain senior, and the next nearest relative to that of Captain junior.' _Juarros_, _Hist. Guat._, pp. 188-9. 'Luego el Capitan menor, entraba por maior, y metian otro en el que avia vacado del Capitan menor, que ordinariamente era el Pariente mas cercano.' _Torquemada_, _Monarq. Ind._, tom. ii., pp. 338-41. 'Restait alors la charge d'Ahau-Ah-Tohil; elle était conférée au fils aîné du nouveau monarque.' _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., pp. 547, 103, 496. 'Luego que el primero subió al reino, mandó el padre (the first king) que el segundo fuese capitain, y mandó por ley, que si fuesen cuatro, que el primero reinase, el segundo fuese como principe, el tercero capitan general, y el cuarto capitan segundo, y que muerto el primero, reinasen todos por su órden, si se alcanzasen en vida.' Note, 'Bien clara está la descendencia de padres á hijos de todos tres hermanos.' _Ximenez_, _Hist. Ind. Guat._, _Escolios_, pp. 195-6.

[913] _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., pp. 549-50, 534, with reference to _Roman_, _Repub. de los Indios_, tom. ii., cap. viii. Titles in Atitlan. _Ternaux-Compans_, _Voy._, série i., tom. x., p. 416. 'Las Prouincias de Tazulatlan, gente belicosa y braua, si bien con pulicia, porque viuian en poblaciones formadas, y gouierno de Republica.' _Dávila_, _Teatro Ecles._, tom. i., p. 148. Tazulatlan, or Tuzulutlan, was the province of Rabinal. _Remesal_, _Hist. Chyapa_, p. 147.

[914] 'Aqui havia muy grandes, y sumptuosas comidas, y borracheras.' 'Sentaban al nuevo Electo en vna estera mui pintada.' _Torquemada_, _Monarq. Ind._, tom. ii., pp. 342, 338-45. 'In one of the saloons stood the throne, under four canopies of plumage, the ascent to it was by several steps.' _Juarros_, _Hist. Guat._, p. 88. The twenty-four counsellors 'carried the emperor on their shoulders in his chair of state whenever he quitted his palace.' _Id._, p. 189. 'No se diferenciaba el rey de Guatemala ó de Utatlán de los otros en el trage, sino en que él traia horadadas las orejas y narices, que se tenia por grandeza.' _Ximenez_, _Hist. Ind. Guat._, pp. 197, 196.

[915] 'Tenia el rey ciertos varones de gran autoridad y opinion, que eran como oidores, y conocian de todos los pleitos y negocios que se ofrecian;' they collected the royal revenues and attended to the expenses of the royal family. 'Tenia en cada pueblo grande sus cancillerias con sus oidores, que eran las cabezas de calpul; pero no era muy grande la comision que tenian.' 'Poderosos Señores, los quales esperaban su confirmacion de sus estados del dicho rey.' 'Aun en las cosas pequeñas y de poca importancia entraban en consulta.' 'Unos como alquaciles que servian de llamar y convocar al pueblo.' _Ximenez_, _Hist. Ind. Guat._, pp. 196-7, 201-2. The king's lieutenants 'tenian su jurisdicion limitada, la qual no era mas, que la que el Señor, ò Rei les concedia, reservando para si, y su Consejo las cosas graves.' These lieutenants held their positions for life if they were qualified and obedient, but to hold them they must have been promoted from lower offices. 'El consejo no era de qualesquiera Personas, sino de aquellas, que mas cursadas estaban en la misma cosa, de que se trataba.' They sometimes called in the aid of foreign nations to depose a tyrant. _Torquemada_, _Monarq. Ind._, tom. ii., pp. 339-40, 343, 386. 'There was no instance of any person being appointed to a public office, high or low, who was not selected from the nobility.' _Juarros_, _Hist. Guat._, pp. 190-1. Some members of the councils were priests when religious interests were at stake. _Herrera_, _Hist. Gen._, dec iv., tom. viii., cap. x. 'Les personnes ou officiers qui servaient le souverain à la cour se nommaient Lolmay, Atzihunac, Calel, Ahuchan. C'étaient les facteurs, les contador, et trésoriers.' _Ternaux-Compans_, _Voy._, série i., tom. x., p. 418. 'De l'assemblée des princes des maisons de Cawek, d'Ahau-Quiché et de Nihaïb, réunis avec le Galel-Zakik, et l'Ahau-Ah-Tzutuha, se composait le conseil extraordinaire du monarque.' _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., pp. 548-9. The king 'constitua vingt-deux grandes dignités, auxquelles il éleva les membres de la haute aristocratie.' _Id._, pp. 496-7.

[916] Lists of the nobility. _Brasseur de Bourbourg_, _Popol Vuh_, pp. 337-47; _Id._, _Hist. Nat. Civ._, tom. i., pp. 430-32.

[917] 'Nunca tuvieron Rei, sino solo elegian los Sacerdotes cada Año dos Capitanes, que eran como Governadores, à quien todos obedecian, aunque era maior el respeto, i veneracion, que tenian à los Sacerdotes.' _García_, _Orígen de los Ind._, p. 329; a statement repeated in _Pimentel_, _Mem. sobre la Raza Indígena_, p. 27; and _Heredia y Sarmiento_, _Sermon_, p. 84. García refers to _Herrera_, _Hist. Gen._, dec. iv., lib. x., cap. xi., where the only statement on the subject is that 'son muy respetados los principales.'

[918] 'No doubt there were individual chiefs who possessed a power superior to the others, exercising a great influence over them, and perhaps arrogating a qualified authority.' _Squier's Cent. Amer._, pp. 331-4; _Palacio_, _Carta_, p. 78.

[919] _Oviedo_, _Hist. Gen._, tom. iv., pp. 36-8, 52, 54, 104, 108, 110, tom. iii., p. 231; _Squier's Nicaragua_, (Ed. 1856,) vol. ii., pp. 340-6; _Herrera_, _Hist. Gen._, dec. iii., lib. iv., cap. vii.; _Peter Martyr_, dec. vi., lib. iii.; _Scherzer_, _Wanderungen_, p. 64.

[920] On the status of the priesthood see: _Landa_, _Relacion_, pp. 42, 54, 56, 114, 160, 354; _Cogolludo_, _Hist. Yuc._, p. 198; _Herrera_, _Hist. Gen._, dec. iii., lib. iv., cap. vii., dec. iv., lib. viii., cap. x., lib. x., cap. ii.; _Oviedo_, _Hist. Gen._, tom. iv., p. 56; _Las Casas_, _Hist. Apologética_, MS., cap. cxxxiii.; _Palacio_, _Carta_, pp. 62, 64; _Ximenez_, _Hist. Ind. Guat._, pp. 200-1; _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. i., pp. 74, 79, tom. ii., pp. 6, 10, 19, 33, 40, 48, 114, 551-6.

[921] 'L'idée de la supériorité de caste est tellement évidente dans le _Popol-Vuh_, par example, que le _peuple_, c'est-à-dire la masse étrangère aux tribus quichées, n'est jamais désigné que sous des nommes d'animaux; ce sont les fourmis, les rats, les singes, les oiseaux, etc.' _Viollet-le-Duc._, in _Charnay_, _Ruines Amér._, p. 88. 'Acostumbravan buscar en los pueblos los mancos y ciegos y que les davan lo necesario.' _Landa_, _Relacion_, p. 40. 'Y los señores dauan Gouernadores a los pueblos, a los quales encomendauan mucho la paz, y buen tratamiento de la genta menuda.' _Herrera_, _Hist. Gen._, dec. iv., lib. x., cap. ii. '_Achih_ ... signifie régulièrement héros, guerrier; il semble toutefois s'appliquer à ceux qui n'appartenaient point à l'aristocratie, mais à une classe intermédiaire entre la noblesse et les serfs ou paysans.' _Brasseur de Bourbourg_, _Popol Vuh_, pp. 92-3, 324-5; _Id._, _Hist. Nat. Civ._, tom. ii., pp. 56-58. Among the Pipiles 'los que no eran para la guerra, cultivaban las tierras millpas del cazique i papa i sacerdotes, i de las propias suyas davan un tanto para la gente de guerra.' _Palacio_, _Carta_, p. 82. Beggars mentioned in Nicaragua. _Gomara_, _Hist. Ind._, fol. 264.

[922] _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., pp. 35, 41, 70. 'Cocom fue primero el que hizo esclavos pero por deste mal se siguio usar las armas con que se defendieron para que no fuessen todos esclavos.' _Landa_, _Relacion_, p. 50.

[923] 'En las guerras, que por su ambicion hazian vnos à otros, se cautiuaban, quedando hechos esclauos los vencidos, que cogian. En esto eran rigurosissimos, y los trataban con aspereza.' _Cogolludo_, _Hist. Yuc._, pp. 181-2; _Carrillo_, in _Soc. Mex. Geog., Boletin_, 2da época, tom. iii., p. 267; _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., p. 70; _Cortés_, _Cartas_, p. 421; _Las Casas_, in _Kingsborough's Mex. Antiq._, vol. viii., p. 144. In Nicaragua, Helps tells us that only the common captives were enslaved, the chiefs being killed and eaten. _Span. Conq._, vol. iii., p. 257.

[924] 'Acaesçe que venden los padres á los hijos, é aun cada uno se puede vender á sí proprio, si quiere é por lo que quisiere.' _Oviedo_, _Hist. Gen._, tom. iv., pp. 51, 54; _Herrera_, _Hist. Gen._, dec. iii., lib. iv., cap. vii.; _Squier's Nicaragua_, (Ed. 1856.) vol. ii., p. 345. Bienvenida says that in Yucatan as soon as the father dies the strongest of those who remain enslave the others. In _Ternaux-Compans_, _Voy._, série i., tom. x., p. 331.

[925] _Herrera_, _Hist. Gen._, dec. iii., lib. iv., cap. vii.; _Gomara_, _Hist. Ind._, fol. 264; _Cogolludo_, _Hist. Yuc._, pp. 181-2; _Pimentel_, _Mem. sobre la Raza Indígena_, p. 34; _Fancourt's Hist. Yuc._, p. 117.

[926] _Las Casas_, in _Kingsborough's Mex. Antiq._, vol. viii., pp. 136, 144; _Herrera_, _Gomara_, and _Pimentel_, ubi sup.

[927] _Torquemada_, _Monarq. Ind._, tom. ii., p. 387; _Las Casas_, ubi sup.; _Herrera_, _Hist. Gen._, dec. iv., lib. viii., cap. x., lib. x., cap. iv.; _Palacio_, _Carta_, pp. 80-2; _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., pp. 70, 573; _Ternaux-Compans_, in _Nouvelles Annales des Voy._, 1843, tom. xcvii., pp. 46-7; _Cogolludo_, _Hist. Yuc._, p. 182; _Gage's New Survey_, p. 414; _Oviedo_, _Hist. Gen._, tom. i., p. 204.

[928] 'Las tierras por aora es de comun, y assi el que primero las ocupa las possee.' _Landa_, _Relacion_, p. 130. 'Las tierras eran comunes, y assi entre los Pueblos no auia terminos, ò mojones, que las dividiessen: aunque si entre vna Provincia, y otra, por causa de las guerras.' _Cogolludo_, _Hist. Yuc._, p. 180. Las Casas, in _Kingsborough's Mex. Antiq._, vol. viii., p. 139, speaks of boundary marks between the property of different owners. 'Les habitations était pour la plupart dispersées sans former de village.' _Ternaux-Compans_, in _Nouvelles Annales des Voy._, 1843, tom. xcvii., p. 45. 'Leur qualité de seigneurs héréditaires ne les rendait pas, pour cela, maîtres du sol ni propriétaires des habitants.' _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., pp. 56-8. 'Property was much respected (in Nicaragua); but ... no man could put up his land for sale. If he wished to leave the district, his property passed to the nearest blood relation, or, in default, to the municipality.' _Boyle's Ride_, vol. i., p. 274; _Squier's Nicaragua_, (Ed. 1856,) vol. ii., p. 345; _Herrera_, _Hist. Gen._, dec. iii., lib. iv., cap. vii.

[929] 'Los indios no admittian las hijas a heredar con los hermanos sino era por via de piedad o voluntad.' _Landa_, _Relacion_, pp. 136-8. 'Mejorauan al que mas notablemente auia ayudado al padre, a ganar el hazienda.' _Herrera_, _Hist. Gen._, dec. iv., lib. x., cap. iv., dec. iii., lib. iv., cap. vii.; _Cogolludo_, _Hist. Yuc._, p. 180; _Carrillo_, in _Soc. Mex. Geog., Boletin_, 2da época, tom. iii., pp. 267-8; _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., p. 70; _Pimentel_, _Mem. sobre la Raza Indígena_, p. 36; _Oviedo_, _Hist. Gen._, tom. iv., p. 50; _Squier_, in _Palacio_, _Carta_, p. 119.

[930] 'Hanno abondanza di cottone, & ne fanno manti che sono come lenzuoli, e camisette senza maniche, e questo s'è il principal tributo che danno à suoi patroni.' _Benzoni_, _Hist. Mondo Nuovo_, fol. 99. 'El tributo era mantas pequeñas de algodon, gallinas de la tierra, algun cacao, donde se cogia, y vna resina, que seruia de incienso en los Templos, y todo se dize era muy poco en cantidad.' _Cogolludo_, _Hist. Yuc._, p. 179. 'Allende de la casa hazian todo el pueblo a los señores sus sementeras, y se las beneficiavan y cogian en cantidad que le bastava a el y a su casa.' _Landa_, _Relacion_, pp. 110-12, 130-2. 'Sus mayordomos ... que recibian los tributos, y los dauan a los señores.' _Herrera_, _Hist. Gen._, dec. iv., lib. x., cap. ii. Some authors speak of a tribute of virgins and of a coin called _cuzcas_. _Carbajal Espinosa_, _Hist. Mex._, tom. i., p. 262. 'Jamais l'impôt n'était réparti par tête, mais par ville, village ou hameau.' _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., pp. 57-8, 33, 553. In Guatemala, 'en lo tocante á las rentas del rey y Señores, habia este órden, que todo venia á un montón, y de allí le daban al rey su parte, despues daban á los Señores, segun cada uno era, y despues daban á los oficiales, y á quienes el rey hacia mercedes.' _Ximenez_, _Hist. Ind. Guat._, pp. 201-2. 'Ils possédaient les esclaves mâles ou femelles que ces sujets leur payaient en tribut.' _Ternaux-Compans_, _Voy._, série i., tom. x., pp. 416-17; _Id._, in _Nouvelles Annales des Voy._, 1843, tom. xcvii., p. 45; _Torquemada_, _Monarq. Ind._, tom. ii., pp. 345, 386; _Oviedo_, _Hist. Gen._, tom. iv., p. 104; _Squier's Nicaragua_, (Ed. 1856,) vol. ii., p. 341; _Morelet_, _Voyage_, tom. i., p. 195.

[931] _Cogolludo_, _Hist. Yuc._, pp. 180-1; _Ternaux-Compans_, in _Nouvelles Annales des Voy._, 1843, tom. xcvii., p. 46; _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., pp. 70-1; _Carrillo_, in _Soc. Mex. Geog., Boletin_, 2da época, tom. iii., p. 268.

[932] On the Maya laws see: _Landa_, _Relacion_, pp. 132-4, 176-8; _Ximenez_, _Hist. Ind. Guat._, pp. 196-200, 208; _Torquemada_, _Monarq. Ind._, tom. ii., pp. 338-46, 386-92; _Las Casas_, in _Kingsborough's Mex. Antiq._, vol. viii., pp. 135-46; _Cogolludo_, _Hist. Yuc._, pp. 179-83; _Palacio_, _Carta_, pp. 80-2; _Oviedo_, _Hist. Gen._, tom. iii., pp. 229-30, tom. iv., pp. 50-1; _Peter Martyr_, dec. iv., lib. ii.; _Villagutierre_, _Hist. Conq. Itza_, p. 162; _Herrera_, _Hist. Gen._, dec. iv., lib. viii., cap. x., dec. iii., lib. iv., cap. vii.; _Juarros_, _Hist. Guat._, pp. 191-2; _Gomara_, _Hist. Ind._, fol. 263-4; _Brasseur de Bourbourg_, _Hist. Nat. Civ._, tom. ii., pp. 59-61, 572-4; _Squier's Nicaragua_, (Ed. 1856,) vol. ii., p. 345; _Id._, _Cent. Amer._, p. 334; _Ternaux-Compans_, _Voy._, série i., tom. x., pp. 417-18; _Id._, in _Nouvelles Annales des Voy._, 1843, tom. xcvii., pp. 46-7; _Helps' Span. Conq._, vol. iii., pp. 256-7; _Fancourt's Hist. Yuc._, pp. 116-17; _Pimentel_, _Mem. sobre la Raza Indígena_, pp. 29-34.

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