The term "Aztec" refers to the seven indigenous tribes who share the common language of Nahuatl and who settled in the Valley of Mexico prior to the Spanish conquest. These tribes, which include the Xochimilca, Chalca, Tepaneca, Colhua, Tlahuica, Tlaxcalteca, and Mexica. According to legend, the Mexica established their homeland in 1325 on an island in Lake Texcoco where they found an eagle on top of a prickly pear cactus (as had been prophesied by one of their priests). They named their island city Tenochtitlan. As the Mexica consolidated their power, Tenochtitlan became the capital of the Aztec Empire.
Tenochtitlan formed a strategic alliance with the neighboring Aztec city-states of Texcoco and Tlacopan in 1428. This alliance was known as the Triple Alliance and was created to provide security for the region. Although Tenochtitlan was the political and military leader of the alliance, each member retained its own legal, economic, and religious systems. Moreover, the Aztecs usually did not impose their laws or customs on the people that they conquered. The Triple Alliance dissolved in 1515.
By the time of the Conquest, approximately 1 million people were living in the Valley of Mexico, with 250,000 in Tenochtitlan alone. The Spanish conquistadores who arrived in the region in 1519 were stunned by the advanced Aztec civilization and compared Tenochtitlan to the city of Venice. The Spaniards conquered the Aztecs in 1521, destroyed the great temples and vestiges of this civilization. However, the legacy of the original Aztec empire survives today through its archaeological treasures and the indigenous Nahua people, who are the modern descendants of the Aztecs.
Aztec Political Structure
The Aztec empire was made up of a series of city-states known as altepetl. Each altepetl was ruled by a supreme leader (tlatoani) and a supreme judge and administrator (cihuacoatl). The tlatoani of the capital city of Tenochtitlan served as the Emperor (Huey Tlatoani) of the Aztec empire. The tlatoani was the ultimate owner of all land in his city-state, oversaw markets and temples, led the military, and resolved judicial disputes. Once a tlatoani was selected, he served his city-state for life. The cihuacoatl was the second in command after the tlatoani, served as the supreme judge for the court system, appointed all lower court judges, and handled the financial affairs of the altepetl.
New emperors were usually chosen from among the brothers or sons of the deceased ruler. They were required to be over the age of 30, to have been educated at one of the elite calmecac schools, to be experienced warriors and military leaders, and to be just. Although the emperor had absolute power and was believed to be a representative of the gods, he governed with the assistance of four advisors and one senior advisor.
Aztec Social Structure
The noble class consisted of government and military leaders, high level priests, and lords (tecuhtli). Priests had their own internal class system and were expected to be celibate and to refrain from alcohol. Failure to do so would result in serious punishment or death. The tecuhtli included landowners, judges, and military commanders. Noble status was passed on through male and female lineages.
The commoner class consisted of farmers, artisans, merchants, and low-level priests. Artisans and traveling merchants enjoyed the greatest amount of wealth and prestige within this class, and had their own self-governing trade guilds. Commoners generally resided in calpulli (also referred to as calpolli), or neighborhood wards, which were led by a single nobleman and a council of commoner elders.
An individual could voluntarily sell himself or his children into slavery to pay back a debt (the latter required permission of the court). Slaves had the right to marry, to have children, to substitute another individual in their place, and to buy their freedom. Slaveowners were responsible for housing and feeding their slaves, and slaves generally could not be resold. They were usually freed when their owners died, and could also gain their freedom by marrying their owner. Aztecs were not born slaves and could not inherit this status from their parents.
There is evidence that women had administrative roles in the calpulli and markets, and also worked as midwives and priestesses.
Aztec Legal System and Sources of Law
The Aztec legal system was highly complex and was designed to maintain social order. Aztec laws were based on royal decrees and on customs that had been passed down from generation to generation. These laws were also interpreted and applied by Aztec judges in the various court systems. Aztec judges were not necessarily bound by existing law, and had some discretion to do what was just and reasonable under the circumstances. The concept of stare decisis did apply in certain situations, as punishments ordered in certain cases were typically applied to subsequent similar cases.
The major civil and criminal laws were written down in pictograph for use by judges, while other customary laws were passed down to younger generations through spoken hymns. At the time of the conquest, the Aztecs had just begun to codify their laws into a more formal written form. However, the Spanish missionaries deliberately destroyed the few written court and legal records that existed because they were considered to be heretical. Other legal manuscripts were burned by Spanish troops for fuel, or were allowed to rot from humidity and neglect. As a result, the limited information that is available about the Aztec legal system comes from Spanish chroniclers and troops who documented their observations during the two years before Tenochtitlan was conquered.
Many Spanish priests also studied the Aztecs during the years immediately following the Conquest, and wrote manuscripts known as codices. These codices discussed Aztec history, religion, natural history, warfare, political affairs, and the events following the Conquest. The best and most comprehensive work was the 12 volume General History of the Things of New Spain, which was also known as the Florentine Codex. Written by Fray Bernardino de Sahagún, this work was based on interviews with Aztec elders who survived the Conquest, and includes detailed information about Aztec daily life, merchant and artisan business practices, and the governance of the Aztec empire. Because this codex provides a relatively pro-Aztec viewpoint of the Conquest, it was suppressed for 300 years during the Spanish inquisition. The Codex Mendoza, which was commissioned in the 1540s by a Spanish viceroy, is also an important resource because it covers the history of Tenochtitlan, has detailed tribute records, and includes a discussion of Aztec law and punishments. The Libro de Oro Codex (the Codex Ixtlilxóchitl) was written by Fray Fernando de Alva Cortés Ixtlilxóchitl and contains a collection of 65 criminal laws that were supposedly copied from an original Aztec manuscript.
Aztec Judicial System
The Aztec judicial system was made up of multiple courts with differing levels of jurisdiction. These included the trial courts, appellate courts, and a supreme court. The trial courts were known as Teccalli courts, and heard civil and criminal cases involving commoners. Civil judgments by this court were considered final, but criminal sentences could be appealed. The appellate courts, known as Tlacxitlán, reviewed criminal appeals from the Teccalli courts and served as trial courts for cases involving nobles and warriors. The Aztec Supreme Court reviewed decisions from the Tlaxitlán. The Chief Justice, or Cihuacoatl, determined the final verdict and his decision could not be appealed to the Emperor or the other judges. If the Cihuacoatl decided that a case was too important for the Court to rule on alone, it was sent to the Emperor, who held court every 12 days and rendered final judgments with the assistance of four elder noblemen. The Emperor retained the ultimate right to intervene in cases or appeals that were of importance to him or to the empire.
The Aztecs had various special jurisdiction courts, including commercial courts (which handled marketplace and merchant disputes), family courts, fiscal affairs courts, a military court, and a religious court (which handled cases concerning priests, students, and religious matters). The Aztecs additionally had neighborhood courts that were similar to modern justices of the peace. Judges were elected by the neighborhood to hear minor criminal and civil cases, and reported their decisions to the Tecalli courts. These judges also had a police force to serve summons and arrest criminals.
Aztec judges were viewed with great respect and honor, and were expected to be impartial, ethical, and honest. The Emperor (or tlatoani) appointed the Cihuacoatl, who in turn appointed all of the lower court judges except for the neighborhood judges. Judges were appointed for life and could be removed only for misconduct. Judges received their training through an apprenticeship program that involved observing court proceedings. Future judges were then selected from among the apprentices. The judiciary was self-policing, and judicial misconduct was punished by reprimand for the first minor offense. After the third minor offense, a judge would be removed from office and have his head shaved, which was considered a great humiliation among the Aztecs. Major breaches of professional ethics, including bribery, accepting gifts, and colluding with a party to a case, were punishable by death.
Individuals who were accused of crimes or were involved in civil disputes were summoned to court and had the opportunity to defend themselves. Attorneys did not exist, and individuals usually represented themselves with the assistance of friends and relatives. Trials were public, all parties were required to testify under oath, and documents, testimony, circumstantial evidence, and confessions were admissible. No trial could last more than 80 days and verdicts were determined through a majority vote. Judges were assisted during proceedings by court personnel, including recorders or painters who documented the court proceedings, a crier who announced verdicts, and an executioner who carried out death sentences.
Aztec Criminal Law
Under the Aztec legal system, crimes were severely punished. While capital punishment was common, other punishments included restitution, loss of office, destruction of the offender’s home, prison sentences, slavery, and shaving the offender’s head.
The Aztecs had a prison system, which included the cuauhcalli (a "death row"), the teilpiloyan (a debtors’ prison), the petlacalli (a prison for individuals who were found guilty of minor crimes), and a fourth type of prison which involved a judge drawing lines or placing sticks on the ground and ordering the prisoner not to cross them.
Numerous offenses were punishable by death, including homicide, perjury, rape, highway robbery, destruction of crops, selling stolen property, official graft, pederasty and serious judicial misconduct. Capital punishment could be carried out through hanging, drowning, stoning, strangulation, beheading, beating, disembowelment, burning, quartering, and opening the chest to remove the perpetrator's heart. It was possible for victims or families of victims to intervene in the execution of a sentence. If they chose to forgive the perpetrator, his death sentence was removed and he would become a slave of the victim’s family.
Theft was considered a serious crime. Capital offenses included theft from merchants, theft from a temple, theft of arms or military insignia, and theft of more than 20 ears of corn. Petty theft was generally punished through restitution. If the perpetrator wasn’t able to pay for the stolen item, he became the victim's slave.
Children under the age of ten were considered to be legally incapable of committing criminal acts, but were still expected to respect and obey their parents.
Aztec Property Law
Aztecs had a complex and hierarchical land ownership system, and drew sophisticated boundary maps that were used to mark different types of land and settle disputes. The Emperor owned personal and royal property which was used as he saw fit. Owners of conquered lands were not necessarily displaced and were usually allowed to continue living on and working their lands.
Nobles could own land on a restricted and unrestricted basis. Nobles obtained land by purchasing it from other nobles or as a gift from the emperor for service to the Aztec empire. Purchased land could be sold or willed. Land grants from the emperor sometimes had conditions that required them to be returned to the emperor upon the death of the owner. Warriors had similar rights to purchase land or receive it from the emperor. Institutions such as the army, temples, and certain public offices (judgeships) could also own land which was received from the Emperor. These entities owned the rights to the profits from the land and used them to support the office holder. However, the individual office holder did not own the land.
Commoners could not own land on an individual basis. However, they had access to land through their calpulli. Although the calpulli were run by nobles, members of the calpulli were permitted to elect a neighborhood leader (calpullec) to manage the distribution of communally-owned calpulli land. This land was given to individual families, and generally stayed with the family unless it went uncultivated for two years or the family moved away. If this occurred, the unused land would then be redistributed to other families. Although the calpulli was responsible for dividing and reassigning the land, individual plots of land were often inherited by subsequent generations of the same family.
Aztec Commercial and Tax Law
A strong system of laws governed the economic operations of the Aztec Empire. One of the main sources of income for the empire was taxation. Aztec citizenry paid taxes (with the exception of priests, nobles, minors, orphans, invalids, and beggars). Merchants paid taxes on the goods that they sold, artisans paid taxes based on the value of their services, and barrios paid taxes through the crops that they produced.
As for tribute payments researchers have observed that tribute payments were generally reasonable.
Merchants were extremely important to the Aztec empire, especially traveling merchants known as pochtecah who ventured into neighboring regions. Pochtecah were organized into their own calpulli and could pass their profession and land down to their children. They had their own guilds, laws of conduct, and courts to enforce their laws. They ventured into foreign regions to establish trade and sometimes served as messengers and spies for the Aztecs. Merchants who were attacked while on the road were expected to defend themselves, and were sometimes assisted by warriors. War was justified if the safety of an Aztec merchant was threatened.
Local commerce was required to be carried out in large marketplaces known as tianquiztli. The various marketplaces were open once a week on rotating days, although the largest market in Tlatelolco was open on a daily basis. The marketplaces were patrolled by special commissioners who worked to prevent fraud and disturbances. Commercial disputes were settled in the marketplaces through special commercial courts that had the power to impose capital punishment if necessary. Sales were made on cash and credit. While there was no official currency, various goods functioned as money, including cacao grains, small squares of cotton cloth, small nuggets of gold, pieces of tin, and precious feathers.
The Aztecs used contracts to carry out their business activities. Contracts were formed verbally and became legal and binding when witnessed by four people. There is evidence to suggest that the Aztecs had sales, commission sales, lease, work, and loan contracts. Loan contracts used collateral in the form of property and goods.
Aztec Family Law
Aztec family law generally followed customary law. Marriage ceremonies had to follow certain rituals in order to be legally recognized.
Marriage was conditional in that the parties could decide to separate or stay together after they had their first son. Marriages could also be unconditional and last for an indefinite period of time. Polygamy and concubines were permitted, though this was more common in noble households and marriage rites were only observed with the first, or principal, wife. Aztec families could live in single family homes, though many opted to live in joint family households for economic reasons.
Aztec families were very close knit. Children were considered gifts from the gods, but were expected to be obedient to their parents and elders. Children who became orphaned lived with aunts and uncles or other family members.
There was no divorce, but men and women could petition the courts for legal separation on the basis of incompatibility, misconduct by the wife, abuse by the husband, or financial debt.
Courts generally tried to encourage reconciliation where possible. Simple abandonment of a household by one party was also sufficient to establish a legal separation. Property registered at time of marriage was returned to the party who brought it to the marriage. If there was a guilty party in the marriage, the offender forfeited half of the community property to the other spouse. Divorced and widowed parties could get remarried. Widows had the option of marrying their husband's brother as well.
There is some conflicting information among researchers regarding inheritance rights. According to Avalos, a father could create a will as he saw fit, with property conceivably going to his wife or daughters.
Aztec International and Military Law
The Aztec empire was strongly militaristic. War was justified when a territory closed its roads to commerce or when a merchant or ambassador was killed. A ritual was followed for declaring war. The Aztec Emperor would issue a declaration of war and envoys were sent to the enemy region. The enemy was given a gift of weapons and 20 days to respond to the declaration and submit to Aztec authority. If no agreement was reached, the enemy was brought another gift of weapons and given another 20 days to respond. If no agreement was reached after this second offering, a third and final warning was given with harsher terms. If no agreement was reached after the final warning, the Aztec army would attack within twenty days. Enemy kings suffered personal punishment by the Aztecs if they waited until the third warning to accept the Aztec empire's terms. During combat, captured warriors were enslaved and sacrificed. Captives had the option of fighting Aztec warriors in order to obtain their freedom.
Most sacrificial victims were warriors captured in battle. To be sacrificed was an honor because it was believed that this would guarantee life after death.
Texcocan Law
Texcoco was founded in the 12th century and grew to prominence within the Aztec Empire in the early 15th century through its leader, Nezahualcoyotl.
A separate discussion of Texcoco is warranted because the Texcocan legal system was highly sophisticated and had various important differences compared to the legal system in Tenochtitlan.
First, Nezahualcoyotl formally codified 80 laws for his empire that were divided into four parts. The enforcement of each part was left to four different supreme councils: the War Council, the Treasury Council, the Council of Music, Arts, and Sciences, and the Legal Council. The first three councils were made up of one representative from each of the 15 provinces in the empire. The War Council enforced laws concerning the military, including disputes over captives, battlefield conduct, and wartime treason. The Treasury Council enforced laws related to merchants and tribute collectors. The Council of Music, Arts and Sciences handled cases involving artisans and priests. This Council also regulated the schools and licensed teachers.
The Supreme Legal Council handled criminal, civil, and property matters. Decisions by local and provincial judges were appealed to this council, which was made up of six sets of two judges from the various geographic regions. These cases could in turn be appealed to two supreme judges, who issued sentences only with the approval of the Texcocan ruler. The Texcocan ruler turned to his divine tribunal for advice on serious cases and death sentences, had a separate ruler's tribunal to handle less critical matters, and was advised by 14 great lords on political and legal issues affecting the empire. As with the legal system in Tenochtitlan, cases had to be resolved within 80 days. There is some evidence that judges followed precedent, and also made decisions based on what was reasonable under the circumstances of the specific cases.
Although Texcocan laws were strictly enforced, Nezahualcoyotl was merciful. He had corn planted along public roads so that hungry individuals could eat and not be accused of theft. The Texcocan ruler gave food and clothing to the needy and to wounded soldiers.
Second, the Texcocan empire had highly complex property laws. Land was divided into diffetent categories. Tlatocamilli land was royal land that was farmed by calpulli members for the benefit of the ruler. Tecpantlalli lands were lands on which the royal palaces were located. Commoners worked these lands and were employed as palace servants. Calpulalli were calpulli lands designated for use by commoners. Pillalli lands belonged to minor lords. These lands could not be sold, but could be passed on to heirs or would otherwise revert back to the state. Tecpillalli lands belonged to minor lords related to ancient lords, and to merit-worthy warriors and other individuuals. These lands could be sold to other nobles.
Finally, the Texcocans had complex inheritance and succession rules. Children had the legal right to inherit property from their fathers, and could only be disinherited for violence, cowardice, cruelty, or wastefulness. Among nobles, the first born son was usually the first in line to receive the inheritance. However, if he was deemed unsuitable, a different son was selected based on his merit and abilities. Commoners tended to divide their property equally among the offspring of the deceased, and there is some evidence to suggest that women inherited property.
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