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ON   THE 


SOCIAL  ORGANIZATION 


AND 


MODE  OF  GOVERNMENT 


OF    THE 


ANCIENT  MEXICANS. 


BY 

Ad.  F.  BANDELIER. 


[From  the  Twelfth  Annual  Report  of  the  Peabody  Museum  of  Archeology  and 

Ethnology,  Cambridge.    1879.] 


SALEM: 

PRINTED    AT   THE    SALEM    PRESS. 

1879. 


ON  THE  SOCIAL  ORGANIZATION  AND  MODE  OF  GOVERNMENT 
OF   THE  ANCIENT    MEXICANS. 


By  An.  F.  Bandelier. 


Two  previous  papers  have  already  been  devoted  to  some  of  the 
most  prominent  features  of  the  life  of  the  ancient  Mexicans,  namely  : 
warlike  customs,  and  their  mode  of  distributing  and  occupying  the 
soil  and  their  rules  of  Inheritance.1  The  conclusions  of  both 
essays  were  chiefly  negative,  in  so  far  as  they  tended  to  establish 
the  non-existence  of  a  condition  which  has,  for  three  centuries, 
been  regarded  as  prevailing.  Thus,  in  the  first,  we  have  attempted 
to  disprove  the  existence  of  a  military  despotism2,  and  in  the  second, 
the  existence  of  feudalism3  among  the  natives  of  Mexico.  More 
positive  results  were,  however,  foreshadowed  in  both  instances 
by  the  suggestion,  if  not  by  the  demonstration,  that  aboriginal 
society  in  Mexico  rested  on  a  democratic  principle.  |The  present 
essay  is  intended  to  show — if  the  organization  of  the  natives  of 
Mexico  was  not  as  it  is  commonly  represented  —  what  that  organi- 
zation really  was,  according  to  our  conception,  and  what  status 

1  Tenth  Report  of  the  Peabody  Museum:  "  On  the  Art  of  War  and  Mode  of  Warfare  of 
the  Ancient  Mexicans."  Eleventh  Report:  "  On  the  Tenure  and  Distribution  of  Lands 
among  the  Ancient  Mexicans,  and  the  Customs  with  Respect  to  Inheritance." 

*"Art  of  War,"  pp.  (127,  128,  and  161). 

3  "  Tenure  of  Lands,"  (pp.  418  and  448).  In  both  instances,  as  well  as  in  the  present 
discussion,  the  works  of  the  Hon.  L.  H.  Morgan  have  furnished  to  the  writer  his  points 
of  departure  and  lines  of  investigation;  besides,  the  distinguished  American  ethnolo- 
gist has  watched  with  more  than  friendly  solicitude  the  progress  of  all  these  essays. 
If  I  seize  the  opportunity  to  recall  here  the  debt  of  gratitude  under  which  I  stand 
toward  him,  it  is  coupled  with  the  wish  to  express  heartfelt  thanks  to  several  of  my 
friends,  to  whose  liberal  assistance  these  and  the  preceding  pages  owe  their  existence, 
nearly  as  much  as  to  my  individual  work.  Let  me  name  here,  Mr.  F.  W.  Putnam, 
Curator  of  the  Peabody  Museum,  Col.  Fred  Hecker,  of  Summerfield,  Illinois,  Dr.  G. 
Bruhl,  of  Cincinnati,  Ohio,  and  the  officers  of  the  Mercantile  Library  at  St.  Louis, 
Missouri.  Lastly,  because  most  remote,  though  certainly  not  least,  am  I  deeply  in- 
debted to  the  great  documentary  historian  of  the  City  of  Mexico,  Sr.  Don  Joaquin 
Garcia  Icazbalceta  for  nearly  all  information  which  could  not  be  obtained  from  the 
usually  known  sources. 

(557) 


558 

of  progress  in  Institutions  can  be  assigned  to  the  remarkable  tribe 
which  has  become  so  prominent  in  history.  In  other  words,  our 
object  is  to  reconstruct  the  mode  of  government  of  the  ancient 
Mexicans,  the  nature  of  its  offices  and  dignities,  and  especially  the 
principles  ruling  and  guiding  their  social  agglomeration. 

The  distinguished  Mexican  scholar,  Manuel  Orozco  y  Berra,  ex- 
plains, as  well  as  qualifies,  the  condition  of  the  aborigines  of 
Mexico  in  the  following  manner  : 

"  If,  from  the  boundary-lines  of  the  empire  [of  Mexico,  accord- 
ing to  his  views]  we  now  turn  to  the  races  peopling  its  area,  we 
find  it  to  be  a  truth  undeniable  that  no  common  nor  mutual  tie 
connected  these  numerous  and  diverse  tribes.  Each  one  was  in- 
dependent under  its  chiefs.4  " 

4"  Geografla  de  las  Lenguas  y  Carta  Etnogrdfica  de  Mexico,"  por  Manuel  Orozco  y 
Berra,  Mexico,  1864,  (Tercera  Parte,  IX  Mexico,  p.  252).  "Si  de  las  demarcaciones 
del  imperio  pasamos  a  considerar  las  razas  que  lo  poblaban,  encontraremos  como  una 
verdad  innegable  que  tanta  tribu  diversa  no  tenia  nn  lazo  coniun  de  union.  Cada  una 
era  independieute  bajo  el  man  do  de  pus  seiiores.  Las  ambiciones  particulares  encen- 
dian  la  guerra,  y  la  misma  familia  se  fraccionaba.  A  su  semejanza,  cada  pueblo  tenia 
un  gefe  que  de  nombre  reconocia  al  senor  principal,  y  todas  las  provincias  estaban 
snbdividas  hasta  formar  un  sistema  bajo  algunos  puntos  semejante  al  feudal.  Rencores 
y  odios  apartaban  las  tribus,  y  la  guerra  era  constante,  porque  siendo  una  de  sus 
principales  virtudes  la  valentia,  no  podian  verse  sin  combatirse,  a  imitacion  de  los 
orgullosos  animales  que  sirven  de  diversion  en  los  palenques.  Por  instinto  6  porque 
las  generaciones  son  arrastradas  aun  a  su  pesar  por  la  corriente  de  los  tiempos,  los 
Mexicanos  emprendieron  la  tarea  de  reunir  en  un  solo  haz  todos  aquellos  pueblos,  de 
formar  de  ellos  una  nacion,  y  de  asimilar  sus  intereses  con  los  intereses  del  imperio. 
Para  llevar  a  cabo  semejante  tarea  era  preciso,  la  fuerza  para  poder  triunfar;  un 
sistema  proseguido  con  tino,  y  con  tenacidad,  y  el  tiempo  bastante  para  que  el  odio  se 
borrara  y  dejara  nacer  las  simpatias.  Pero  la  unidad  que  solicitaban  los  Mexicanos 
llevabaalas  tribus  al  mas  espantoso  de  los  despotismos;  el  imperio  era  muy  nuevo 
para  haber  alcanzado  otra  cosa  que  reducir  a  la  servidumbre,  sin  poder  contar  con  el 
amor  de  sus  vasallos;  de  man  era  que  en  lugar  de  amigos,  tenia  enemigos  solapados,  y 
su  grandeza  era  solo  enganosa  appariencia.  En  esta  sazon  se  presentaron  los  con- 
quistadores  espafioles.  Cualquiera  fuerza  extrana  liabia  de  hacer  vacilar  al  coloso; 
as  tribus,  mal  halladas  con  la  servidumbre,  vieron  en  los  invasores  a  quienes  podian 
salvarles  del  yugo;  en  su  juicio  rencoroso  no  quisieron  advertir,  que  por  alcanzar  una 
esteril  venganza  aventuraban  su  propia  existencia,  y  corrieron  de  tropel  a  colocarse 
bajo  las  banderas  de  los  estranjeros."  It  may  be  interesting  to  compare  this  weighty 
authority  with  my  remarks  on  the  same  subject  in  "Art  of  War,"  (pp.  100,  also  note  17), 
and  "  Tenure  of  Lands,"  (pp.416,  417,  and  418,  and  annotations.)  The  difference  consists 
in  that  Sr.Orozcoy  Berra  ascribes  to  the  ancient  Mexicans  a  decided  tendency  to  "  nation- 
allize,"  so  to  say,  the  aboriginal  people  of  their  conquered  area,  to  force  uniformity  of 
customs  and  organization  upon  them,  and  establish  a  true  despotism.  To  this  I  beg 
leave  to  suggest  in  reply : — 

(1).  That  the  Mexicans,  alone,  formed  only  a  pari  (two-fifths  in  amount  of  tribute)  of 
that  power  which  is  commonly  termed  "an  Empire"  (El  Imperio)  and  which  was 
but  the  Nahuatl  confederacy  of  the  Mexican  valley.  In  evidence  of  it  I  will  take  the 
liberty  to  quote  his  own  words,  (same  part  and  chapter,  pp.  210,  241) :  "  El  reino  de 
Acolhuacan  era  el  segundo  en  poderfo;  su  capital  era  Tetzcoco,  a  la  orilla  del  lago  de 
su  nombre.    Pequeiia  hoy  y  sin  material  interes,  en  lo  antiguo  fue  rival  de  Mexico  y 


559 

This  eliminates  at  once  the  notion  of  a  Mexican  state  or  empire, 
embracing  in  the  folds  of  political  society  5  all  the  groups  of  abor- 

la  segunda  poblacion  de  las  del  Valle."  Farther  on,  quoting  Juan  Bautista  Pomar, 
"  Relation  de  la  ciudad  de  Tezcuco,"  (MSS.,  belonging  to  Sr.  Icazbalceta,  and  dated  1582) 
who  says  of  Tezcuco:  '-La  extension  del  reino  era  desde  el  mar  del  N.  a  la  del  Sur, 
con  todo  lo  que  se  comprende  a  ia  banda  del  Poniente  hasta  el  puerto  de  la  Vera  Cruz, 
salvo  la  Ciudad  de  Tlachcala  y  Huexotzinco."  the  learned  ethnographer  adds,  (p. 
24.2),  "  Juan  B.  Pomar  fija  las  limites  del  reino  con  toda  la  exaggeracion  que  pnede  in- 
fundir  el  orgullo  de  raza.  Por  nuestra  parte,  hemos  leido  con  cuidado  las  relaciones 
que  a  la  monarquia  corresponden,  y  liemos  estudiado  en  el  piano  los  lugares  a  que  se 
refieren,  y  ui  de  las  unas  ni  de  las  otras  llegamos  a  sacar  jamas  que  los  reyes  de 
Acollmaoan  mandaron  sobre  las  tribus  avecindadas  in  la  costa  del  Paciflco,  no  ya  a 
la  misma  de  Mexico,  sino  aim  a  menores  latitudes."  He  then  enters  upon  a  discussion 
of  the  number  and  names  of  settlements  which  gave  tribute  exclusively  to  Tezcuco. 
We  can  only  refer  to  it  in  general  here,  as  one  of  the  most  valuable  contributions  to 
Mexican  history,  and  based  upon  authorities  which  ought  to  be  published  as  soon  as 
possible,  some  of  which  we  mention  for  the  benefit  of  students  :— 

(1).  "  Memorial  dirigido  al  rey  por  Don  Hernando  PimentelNexcavtialcuyutl,caciquey 
gobernador  de  la  protincia  de  Tezcuco,  etc."  This  is  the  celebrated  Report  used  by 
Torquemada  and  Fernando  de  Alba  Ixtlilxochitl,  and  which  the  Cavaliere  Boturini 
Benaducci  owned. 

(2).    "  Relation  de  Senpuhuala  del  corregidor  Luis  Obi-egon,"  1580,  MSS. 
(3).    "  Relation  de  Epazoyuca  por  el  corregidor  Luis  Obregon,"  1580,  MSS. 
(4).    "  Relation  de  Tetliztaca  por  el  corregidor  Jjuis  Obregon,"  1580,  MSS. 
(5).    "  Relation  'de  Meztitlan  por  el  alcalde  mayor  Gabriel  de  Chavez,'"  1589,  MSS. 
(6).     "Relation  de  Atengo por  el  corregidor  Juan  de  Padilla,"  1579,  MSS. 
(7).    "  Relation  de  Atlatlauca por  el  corregidor  Gaspar  de  Solis,"  1580,  MSS. 
(S).     "  Relation  dcAcapiztla  por  el  alcalde  mayor  Juan  Gutierrez  de  Liebana,"  1580,  MSS. 
(9).    "  Relation  de  Cnlhuacan  por  el  corregidor  Gonzalo  Gallego,"  1580,  MSS. 
(10).  "  Relation  de  Jztapalapa  por  el  corregidor  Gonzalo  Gallego,"  1580,  MSS. 
Since  most  of  these  valuable  MSS.  are  the  property  of  Sr.  J.  G.  Icazbalceta,  an  early 
publication  thereof  may  be  hoped  for. 

Sr.  Oiozco  y  Berra  now  reaches  the  important  conclusion  : 

(«).    That  Aculhuacan  or  Tezcuco  had  settlements  tributary  to  it  alone,  (p.  246). 
{b).    That  the  '•  Empire  "  had  tributaries  of  itself. 

(c).  That  certain  pueblos  paid  tribute  both  to  Tezcuco  and  to  Mexico,  (p.  246),  Epazo- 
yuca, "  pertenecieron  tambien  a  Tetzcoco,  y  en  el  reinado  de  Itzcoatl  quedaron  por 
mitad  para  Mexico  y  para  Tetzcoco,  a  fin  de  que  de  alii  sacaran  los  imperiales  las 
navajas  para  sus  macanas."    Taken  probably  from  Relacion  3. 

The  '•Imperiales"  were,  therefore,  the  confederates,  and  the  "Imperio"  the  con- 
federacy. But  if,  within  the  area  conquered  by  these  confederates,  each  one  of  them 
received  its  share  of  tributary  tribes,  how  could  it  be  their  task  or  tendency  to  unify  or 
nationalize,  since  each  of  the  three  associates  composed  but  a  part  of  that  power, 
and  their  association  was  a  voluntary  one  ? 

(2).  None  of  the  confederates  exercised  any  power  over  the  others,  beyond  the 
exclusively  military  direction  delegated  to  the  Mexicans  proper.  "Rapport  sur  les 
differentes  classes  de  chefs  de  la  Nouvelle  Espagne,  Par  Alonzo  de  Zurita,"  translated 
from  the  Spanish  original  by  Mr.  Ternaux  Compans,  and  printed  in  1840,  by  him  in  his 
"  Voyages  Relations  et  Memoires  origina  aux  pour  servira.  V  histoirede  la  de'courerte  de  I' 
Amerique,"  (p.  11).  "La  province  de  Mexico  etait  soumise  a  trois  principaux  chefs: 
celui  de  Mexico,  celui  de  Tezcuco  ct  celui  de  Tlaeopan,  que  Ton  nomme  aujourd'  hui 
Tacuba.  Tous  les  chefs  inferieurs  relevaient  de  ces  souverains  et  leur  obeissaient. 
Les  trois  chefs  superieurs  formaient  une  conlederalion  et  se  partagaient  les  provinces 
dont  ils  s'emparaient.  Le  souverain  de  Mexico  avait  au  dessous  de  lui  ceux  de  Tez- 
cuco et  de  Tacuba  pour  les  affaires  qui  avaient  rapport  a  la  guerre;  quant  a  toutes  les 
autres,  leurs  puissances  etaient  egales,  de  sorte  que  1'  un  d'  eux  ne  se  melait  jamais  du 


560 

igines  settled  within  the  area  tributary  to  the  valley-tribes.  Con- 
sequently we  need  not  look  beyond  the  tribe,  for  ai^  larger  group 

gouvernment  des  autres,"  (p.  16).  "  Chaque  souverain  conflrmait  1'  election  de  sea 
vassaux,  car,  ainsi  qu'  on  1'  a  deja  dit,  leur  jurisdiction  etait  independante  pour  les 
affaires  civile?  et  criminelles.'' 

Fray  Toribio  de  Motolinia,  "  Historia  de  los  Indios  de  Nueva  Espaiia,"  in  Vol.  I,  of 
Sr.  Icazbalceta's  "  Coleccion  de  Documentos,  etc."  (Epistola  proemial,  p.  5).  "  Despues 
el  senorio  de  Tetzcoco  fue  tan  grande  como  el  de  Mexico."  (Id.  p.  11)  '•  Los  de 
Tetzcoco,  que  en  antigiiedad  y  senorio  no  son  menos  que  lot,  Mexicanos."  (Tratado  III. 
Cap.  VII,  p.  182)  "Esta  cindad  de  Tetzcoco  era  la  segunda  cosa  principal  de  la  tierra, 
y  asimismo  el  senor  de  ella  era  el  segundo  senor  de  la  tierra;  sujetaba  debnjo  de  si 
quince  provincias  hasta  la  provincia  de  Tuzapan,  que  esta  a  la  costa  del  Mar  del  Norte. 

ft  la  parte  de  Oriente  tiene  Mexico  Tenuchtitlan  ft  una  legua  la  ciudad  6  pueblo 

de  Tlacopan,  adonde  residia  el  cercero  senor  de  la  tierra,  al  cual  estaban  sujetas  diez 
provincias:  esios  dos  seiiores  ya  dichos  se  podrian  bien  llamar  reyes,  porque  no  les 
faltaba  nada  para  lo  ser.  (p.  183)  "Lasde  las  provincias  y  principales  pueblos  eran 
como  seiiores  de  ditado  6  salva,  y  sobre  todos  eran  los  mas  principales  los  dos,  el  de 
Tetzcoco  y  el  de  Tlacopan;  y  estos  con  todos  los  otros  todo  lo  mas  del  tiempo  residian 
en  Mexico,  y  tenian  corte  ft  Moteuczoma."  We  know,  however,  that  the  fact  of 
residence  of  the  head-war-chiefs  of  Tezcuco  and  Tlacopan  at  Mexico,  is  not  true, 
though  their  frequent  visits  there  on  military  business,  and  their  protracted  stay  after 
the  Spaniards  had  entered  the  pueblo,  may  explain  the  error.  The  latter  passage  is 
amended  by  the  good  father  (Trat.  Ill,  cap.  VIII,  p.  187),  as  follows:  "y  si  de  esto 
algun  senor  tenia  exencion  era  el  de  Tetzcoco." 

Fernando  Cortes,  Carta  Segunda,  (In  Vedia's  "  Historiadores  primitivos,  etc."  Vol.  I, 
p.  29).  Speaking  of  Cacamatzin.  lie  says  :  '•  6  segun  lo  que  despues  del  supe,  era  el  muy 
cercano  deudo  de  Muteczuma,  y  tenia  su  senorio  junto  al  del  dicho  Muteczuma;  cuyo 
nombre  era  Haculuacan."  Cortes  further  relates  that  when  Cacamatzin  threatened  to 
take  up  arms,  he  requested  Montezuma  to  direct  him  to  come  to  Mexico,  but  the  chief- 
tain of  Tezcuco  refused,  saying-,  "that  if  they  wanted  something  of  him,  they  might 
come  over  on  his  land,  where  they  would  find  out  who  he  was,  and  what  kind  of  obedi- 
ence he  was  held  to."  Montezuma  even  was  afraid,  upon  this  reply,  to  suggest  open 
violence,  dissuading  Cortes  from  it  altogether.  This  shows  clearly  that  the  Mexicans 
had  no  authority  over  the  Tezcucans,  and  even  were  loth  to  assail  them. 

Francisco  Lopez  de  Comara.  Conquista  de  Mejico  (In  Vedia,  Tom.  I,  p.  346).  "  Ha- 
bia  asimesmo  otros  muchos  seiiores  y  reyes,  como  los  de  Tezcuco  y  Tlacopan,  que  no 
le  debian  nada,  sino  la  obediencia  y  homenaje."  Also,  on  the  treacherous  seizure  of 
Cacamatzin,  he  confirms  Cortes  (p.  355),  *'  La  prision  de  Cacama,  rey  de  Tezcuco." 
(Id.  p.  433),  "  a  Chimapopoca  sucedio  el  otra  su  hermano,  dicho  Izcona.  Este  Izcona 
sefioreo  ft  Azcupuzalco,  Cuanhnau,  Chalco,  Couatlichan  y  Huexocinco,  mas  tuvo  por 
accompanados  en  el  gobierno  a  Nezaualcoyocin,  senor  de  Tezcuco,  y  al  senor  de  Tlaco- 
pan, y  de  aqui  adelante  mandaron  y  gobernaron  estos  tres  senores  cuantos  reinos  y 
pueblos  obedecian  y  tributaban  ft  los  de  Culiia;  bien  que  el  principal  y  el  mayor  dellos 
era  el  rey  de  Mejico,  el  segundo  el  de  Tezcuco,  y  el  menor  el  de  Tlacopan." 

Bemal  Diez  de  Castillo.  Historia  verdadera  de  la  Conquista  de  Nueva- Espaha. 
(Vedia,  Vol.  II,  Cap.  C,  p.  100.)  "Como  el  Cacamatzin,  senor  de  la  ciudad  de  Tezcuco 
que  despues  de  Mejico  era  la  mayor  y  mas  principal  ciudad  que  hay  en  la  Nueva 
Espaiia."  Also  on  the  seizure  of  Cacamatzin,  confirmatory  of  Cortes  and  of  Gomara 
(pp.  101  and  102). 

Gonzalo  Fernandez  de  Oviedo  y  Valdes.  Historia  natural  y  general  de  Indias. 
Madrid,  1853  (Lib.  XXXIII,  cap.  VIII,  pp.  294  and  295).  The  entire  chapter  is  devoted 
to  the  seizure  of  Cacamatzin,  and  is  almost  a  verbal  copy  of  the  report  made  by  Cortes 
(Lib.  XXXIII,  cap.  LI1,  p.  539).  It  contains  a  letter  written  to  Oviedo,  by  the  vice-roy  of 
Mexico,  Don  Antonio  de  Mendoza,  under  date  of  li  October,  1541,  in  which  this 
functionary  says:  "  Y  lo  de  aqui  no  es  tan  poco  que  no  podays  hacer  libro  dello,  e  no 
seia  pequeuo ;  porque  aunque  Montecuma  e  Mexico  es  lo  que  entre  nosotros  ha  sonado, 


561 

of  social  organization.  The  confederacy  of  tribes,  as  we  have 
already  shown,  carried  no  influence  whatever  on  the  organization. 

no  era  menor  sefior  el  Caconci  de  Mechuacan,  y  otros  que  recenoscian  al  uno  ni  al 
otro."    We  quote  this  passage  merely  as  a  general  illustration. 

Fray  Bernardino  de  Sahagun.  Historia  general  de  las  Cosas  de  Kueva- Espana, 
published  by  Sr.  C.  M.  de  Bustamante,  in  1829  (Vol.  II,  lib.  VIII,  cap.  Ill,  p.  276), 
"El  cuarto  sefior  de  Tezcoco  se  llamo  Netzahoalcoiotzin,  y  reino  setenta  y  un  afios,  y 
en  tiempo  de  esto  se  comenzaron  las  guerras,  y  tuvo  el  sefiorio  de  Tezcoco  siendo 
sefior  del  de  Mexico  Itzcoatzin,  y  estos  entrambos  hicieron  guerra  a  los  de  Tecpaneca, 
de  Atzcaptzalco,  y  a  otros  pueblos  y  provincias,  y  el  fue  fundador  del  sefiorio  de 
Tezcoco  in  Aculhoacan."    (Id.  Vol.  III.  lib.  XII,  cap.  XLI,  page  59,  close  of  chapter.) 

Fray  Diego  Duran.  Historia  de  las  Tndias  de  Nueva  Espaiia  e  Islas  de  Tierra  Firme- 
Published  by  Sr.  Jose  Fernandez  Ramirez  at  Mexico,  in  1867,  (Cap.  XIV,  p.  123).  "El 
rey  Itzcoatl,  aunque  mal  dispuesto,  holgd  de  la  victoria  y  did  las  gracias  a  todos  los 
sefiores  y  principales,  al  qunl,  agrauandosele  la  enfermedad,  entendfendo  de  se  acer- 
tarsele  la  muerte,  mando  llamar  al  Sefior  de  Tezcuco,  Necaualcoyotl,  pariente  cercano 
suyo,  y  aconsejole  que  no  tuviese  guerra  con  los  Mexicanos,  sus  parientes  y  amigos, 
siuo  que  antes  se  hiciese  con  ellos  y  fuese  en  su  favor  siempre:  y  dexo  ordenado  que 
desde  en  adelante  fuese  de  Tezcuco  el  segundo  rey  de  la  comarca  y  el  tercero  el  de 
Tacuba,  a  quien  llamauan  el  rey  de  Tlaluacpan.  .  .  ."  (p.  124).  '•  .  .  .  y  solo  estos 
tres  reynos  mandaron  y  governarou  la  tierra,  de  hoy  en  adelante,  siendo  el  de  Mexico 
sobre  todos  ellos,  y  casi  coino  emperador  y  monarca  del  nueuo  mundo."  Nearly  the 
whole  of  Cap.  XV  is  devoted  to  the  formation  of  the  confederacy,  but  cannot  be  in- 
serted here.  The  editor,  Sr.  J.  F.  Kamirez,  appears  to  incline  to  the  opinion,  however, 
that  there  was  a  confederacy  on  equal  terms,  (note  2,  p.  130).  The  same  author  also 
6tates  repeatedly  that  the  head-chiefs  of  Tezcuco  and  Tlacopan  sacrificed  (slaughtered) 
captives  at  the  chief  teo-calli  of  Mexico,  on  very  solemn  occasions,  together  with  the 
head-chief  of  Mexico,  thus  showing  equal  rights.  (Cap.  XXIII,  p.  197  and  others.) 
But  his  plainest  statement  is  found  (Cap.  XLIII,  p.  347),  and  reads  as  follows  :  -Algu- 
nos  han  querido  decir  quel  reyno  de  Tezcuco  era  libre  de  todo  reconocimicuto  y  paiias 
al  monarca,  y  que  en  nada  le  era  sujeto,  lo  qual  alio  al  coutrario  en  esta  ystoria  Mexi- 
cana;  porque  aunque  a  la  verdad  no  tributauan  a  Mexico  mantas  ni  joias  ni  plumas 
ni  cosas  de  comida,  como  otras  provincias  tributauan,  hallo  empero  a  los  Mexicanos 
metidos  en  las  tierras  tezcucanas  donde  sembraban  y  cogian,  y  algunos  dellos  hechos 
terrazgueros  de  los  6efiores  de  Mexico;  y  alio  que  en  ofreciendose  estas  fiestas  y 
solenidades,  daban  tributo  desclauos  para  ella,  de  lo  qual  ninguno  estaua  esento  ni 
reservado.  Tambien  alio  que  ofreciendose  dar  guerra  a  alguna  ciudad  y  provincia,  al 
primero  que  llamauan  y  acudian  para  que  apercibiese  sus  gentes,  era  al  rey  de 
Tezcuco,  y  como  abemos,  notado  en  esta  ystoria,  le  hacian  venir  a  Mexico  todas  las  veces 
que  se  ofrecia  ocasion,  loqual  no  era  poca  sujecion,  dado  que  tuviese  sus  preeminencias 
y  libertades  de  rey  y  sefior  de  aquella  provincia  de  Aculuacan;  .  .  .  ." 

Fernando  de  Alvarado  Tezozomoc.  Cronica  Mexicana.  (9th  Vol.  of  Lord  Kings- 
borough's  "Antiquities  of  Mexico.")  This  author  agrees  so  closely  with  Duran  in  most 
instances,  that  we  can  dispense  with  full  quotations.  See  Cap.  XIX  and  XX,  on  the 
pretended  conquest  of  Tezcuco  by  the  Mexicans.  Tezozomoc  is  very  positive  on  the 
question  of  joint  sacrifice  (Cap.  LXIX,  p.  117).  A  singular  remark  is,  however,  found 
(Cap.  XCVII,  p.  172).  After  the  Hnexotzincas  had  sent  delegates  to  Mexico  to  sue  for 
peace,  the  Mexican  council  was  called  together:  "dijo  zihuacoatl  resoluto:  Senor, 
como  sera  esto,  si  no  lo  saben  vuestros  consegeros  de  guerra  los  reyes  de  Aculhuacan- 
Nezahualpilli,  y  el  de  Tecpanecas  Tlaltecatzin  ?  hagase  entero  cabildo  yacuerdo:  fue 
aconlado  asi."  This  important  incident  shows  that  not  even  the  Mexicans  had  the 
right  to  treat  alone  with  a  power  hostile  to  the  three  tribes,  consequently  that 
the  other  tw<>  were  their  confederates,  and  not  their  feudal  vassals.  Fray  Duran  con- 
firms the  incident  in  chapter  LX,  p.  473,  of  his  work,  precedingly  quoted. 

Joseph  de  Acosta,  Historia  natural  y  moral  de  las  Indias,  Madrid,  1608,  derives 
his  inlormation  from  the  same  source  as  the  two  preceding,  namely:  the  Codex  Rami 


562 

It  was  only  a  partnership,  formed  for  the  purpose  of  carrying  on 
the  business  of  warfare,  and  that  intended  not  for  the  extension  of 

rez,  now  in  process  of  publication  at  Mexico.  Acosta  mentions  and  describes 
(Lib.  VII,  Cap.  XV,  p.  490).  the  traditionary  war  between  the  Mexicans  and  Tezcucans 
concluding:  "Con  esto  quedo  el  Rey  de  Mexico  por  supremo  Key  de  Tezcuco,  y  no 
quitandoles  su  Rey,  sino  haziendole  del  supremo  Censejo  suyo."  (Cap.  XVI,  p.  490.) 
Both  chiefs,  of  Tezcuco  and  of  Tlacopan,  are  mentioned  by  him  as  "electors"  of  the 
Mexican  head-chiefs. 

Sebastian  Ramirez  de  Fuenleal,  Bishop  of  San  Domingo  and  President  of  the  Royal 
Audiencia  at  Mexico.  "  Lettre  .  .  .  8.  sa  majeste  Charles  V,"  translated  by  Mr. 
Ternaux-Compans  in  his  "  Premier  Recueil  de  Pieces  relatives  a  la  Xouvelle-Espagne," 
and  bearing  date  3  Nov.,  1532  (p.  254).  "  Les  souverains  de  Tezcoco,  de  Tacuba,  qui 
etaient  tres  puissants  dans  cette  contree,  agissaient  de  menie  que  Mutizuma.  Us 
partageaient  entre  eux  et  ce  souverain  le  fruit  de  leurs  conquetes;  cependant  les 
souverains  de  Mexico  etaient  les  plus  puissants,  et  ils  eurent  toujours  line  plus  grande 
difference."  The  same  words  about  are  repeated  in  the  "  Second  Recueil,"  printed  1840, 
(the  first  "  Recueil "  appeared  in  1838),  on  p.  222.  The  Report  is  therein  stated  to  be 
by  the  President  and  the  Audiencia. 

"  Lettre  des  Chapelains  Frire  Toribio  et  Frere  Diego  VOlarte  8  Don  Luis  de  Velasco 
etc.,"  date:  St.  Francois  de  Cholula,  27  Aout,  1554.  (Ternaux,  "Recueil,"  1,  p.  403), 
"Toutes  les  autres  obelssaient  a  Montezuma,  au  souverain  de  Tezcuco,  et  a  celui  de 
Tlacopa.  Ces  trois  princes  etaient  etroitement  confederes;  ds  partagaient  entre  eux 
tons  les  pays  qu'ils  subjuguaient:  Montezuma  exercait  la  toute-puissance  dans  les 
affaires  relatives  &  la  guerre  et  au  gouvernment  de  la  confederation." 

Fray  Geronimo  de  Mendieta.  "  Historia  eccl< siastica  Indiana,"  published  by 
Icazbaleeta  in  1870.  After  having  mentioned  (Lib.  II,  cap.  XXVI,  p.  129)  that  the 
chiefs  of  Mexico  and  Tezcuco  sent  challenges  to  foreign  tribes  to  recognize  •'  the  chief 
of  Mexico  "  as  their  superior,  and  to  give  him  tribute,  he  says  (Cap.  XXVIII,  p.  134), 
"Bs  de  saber  que  los  senores  de  Mexico,  Tezcuco  y  Tacuba,  como  reyes  y  sefiores 
supremos  de  esta  tierra "  (Cap.  XXXVII,  p.  15(i.)  "  Los  senores  de  las  provin- 
cias 6  pueblos  que  inmediatamente  eran  subjetos  &  Mexico,  iban  luego  alii  it  ser  con- 
firmados  en  sus  senonas,  despues  que  los  principales  de  sus  provincias  los  habian 
elegido,  y  con  algunos.  ....  En  los  pueblos  y  provincias  que  inmediatamente  eran 
subjetos  a  Tezcuco  y  a  Tacuba  tenian  recurso  por  la  conflrmacion  a  sus  senores;  que 
en  esto  y  otras  cosas  estos  dos  senores  no  reconocian  superior."    Italics  are  my  own. 

Antonio  de  Herrera.  "  Historia  general  de  los  hechos  de  los  Castellanos  en  las  Islas  y 
la  Tierra-Firme  del  mar  Oceano."  1726,  Madrid.  (Dec.  II,  lib.  VII,  cap.  XII,  p.  190). 
He  almost  copies  Gomara,  and  in  regard  to  the  seizure  of  Cacamatzin  he  not  only  con- 
firms Cortes,  Gomara,  and  Bernal  Diez,  but  is  much  more  detailed  and  positive  yet. 
(Dec.  II,  lib.  IX,  cap.  II,  pp.  217,  218.)  Finally  he  asserts:  (Dec.  Ill,  lib.  IV,  cap. 
XV.  p  133).  "Con  Mexico  estaban  conlederados  los  Senores  de  Tezcuco,  i  Tlacopan, 
que  aora  Hainan  Tacuba,  i  partian  lo  que  ganaban,  i  obedecian  al  Seiior  de  Mexico,  en 
lo  tocante  a  la  guerra,  i  tenian  algunos  fueblos  comunes  en  sucesion,  asi  de  los  Seiiorios, 
como  de  los  Maiorazgos,  i  haciendas." 

We  now  turn  to  an  author  who  plainly  takes  an  opposite  view  of  the  question,  claim- 
ing, in  place  of  a  Mexican  "  Empire,"  the  supremacy  lor  the  Tezcucans,  or  an  ancient 
"Empire"  of  the  Chichiuiecas.  The  latter  claim  has  already  been  discussed  in 
"  Tenure  of  Lands"  (p.  394,  note  10).  This  assumption,— which  strongly  combats  the 
view  that  there  was  anything  at  all  like  an  Empire,  while  it  implies  the  existence  of  a 
mere  confederacy,— is  set  forth  by  the  following  well  known  Tezcucan  native  author. 

Fernando  de  Alba  Ixtlilxochitl.  "  Histoire  des  Chichimeques  ou  des  anciens  Rois  de 
Tezcuco."  This  is  tne  french  translation  of  the  original  "  Historia  de  los  Chichimeeos, 
etc.,  etc.,"  contained  in  Lord  Kingsborough's  9th  volume.  Since  abstracts  might  prove 
too  lengthy,  I  merely  refer  to  (Cap.  XXXII),  on  the  formation  of  the  confederacy 
as  containing  some  very  plain  and  remarkable  passages  (pp.  218,219,  and  220),  among 

Keport  Peabody  Museum,  II.        36 


563 

territorial  ownership,  but  only  for  an  increase  of  the  means  of  sub- 
sistence.6 

which  is  one:  "  cestrois  dynasties  gouvernaient  la  Nouvelle-Espagnejusquftl'arriveedes 
Chretiens.  Cependant,  quoiqiielles  fussent  egales  en  rang,  en  puissance  et  en  revenu. 
il  y  avait  de  certains  tributs  clout  le  roi  de  Tlacopan  ne  recevait  qu  'un  cinquieme,  tan- 
dis  que  ceux  de  Mexico  et  de  Tezcuco  en  recevaient  chacun  deux."  See  also  (Cap. 
XXXIV,  cap.  XXXVI,  pp.  215  and  246 ;  cap.  XXXVIII.  pp.  209  and  273 ;  2d  vol.,  Cap.  LXXI, 
pp.  109  and  110),  and  others.  Nevertheless,  Ixtlilxochitl  reproaches  bitterly  Monteznma 
with  having  usurped  the  leading  power  which  belonged  to  the  Texcucans  (according 
to  him),  and  having  taken  the  direction  of  the  confederacy  into  his  hands.  (Cap. 
LXXV,  p.  128,  to  XXVI,  p.  132,  etc.).  These  charges  are  violently  repeated  in  his  other 
and  more  extensive  work:  "  Relation es  historicas."  Also  in  Vol.  IX  of  Lord 
Kinsboroug'h.  As  a  specimen,  I  refer  to  the  '  Venida  de  los  Espaiioles  "  translated  also 
by  Mr.  Ternaux  under  the  title  of  "  Cruautes  horribles  des  conquerants  du  Me'xique." 
In  regard  to  the  war  between  Tezcuco  and  Mexico,  in  which  he,  of  course,  attributes  the 
fullest  victory  to  the  former  see  also  "  Undecima  Relation"  (Kingsborough,  IX,  pp.  407 
and  408).  Ixtlilxochitl  is  seconded  and  followed  by  his  illustrious  contemporary.  Fray 
Juan  de  Torquemada.  •'  Los  veinteiun  Libros  Rituales  i  monarchia  Indiana,  etc.,  etc.' 
Edition  of  1723.  This  distinguished  ecclesiastic  is  such  a  consistent  advocate  of  feu- 
dalism, that  he  even  assigns  the  division  of  Tenochtitlan  into  four  quarters  to  an 
"edict"  of  the  "  Chichimecan  Emperor"  Techotlalatzin  (Lib.  II,  cap.  VIII,  pp.  88 
and  89),  or  to  an  order  of  Mexican  "  Lords  "  (Lib.  Ill,  cap.  XXIV,  p.  295).  Still  he  is  very 
plain  about  Tezcuco  being  equal  and  not  subject  to  Mexico.  Compare  for  instance 
(Lib.  Ill,  cap.  XXVII, %p.  304),  ''nunca  perdio  su  antigua  estimacion,  y  siempre  tuvo 
Rei,  y  Seiior  legitimo,  que  la  regia,  y  governaba,  y  era  igual  con  el  de  Mexico,"  (Lib.  II, 
cap.  XXXIX,  p.  144),  about  the  confederacy;  (Cap.  XI,  p.  146).  About  the  pretended 
war  between  the  two  tribes  (Cap.  XLII,  p.  149.  "Y  no  solo  no  es  verdad;  pero  es 
directamente  contra  ella."  On  the  supposed  intrigues  of  Montezuma  against  the  Tez- 
cucans  (Lib.  II,  caps.  LXXXIII,  LXXX1V,  etc.,  etc.),  until  the  first  passage  of  Cap. 
LXXXVII,  (p.  227),  '•  muerto  el  Rei  Necahualpilli  de  Tetzcuco.  y  entrando  en  su  lugar  su 
Hijo  Cacama  .  .  .  .  •  corrio  la  confederacion  de  los  Reies,  como  hasta  entonces  lo 
avian  acostumbrado  .  .  .  ."  also  (Lib.  XI,  cap.  XXVI,  p.  353), "  ....  no  deja  de  ser 

su  igual,  ysemejante  el  de  Tetzcuco "    (Cap.  XXVII,  p.  356;  cap.  XXVIII,  p.  361.) 

Copy  of  Mendieta.  About  warfare  of  the  Confederates  (Lib.  XII,  cap.  VI,  p.  3S2; 
Lib.  XIV,  cap.  1,  p.  533;  Cap.  II,  p.  537).  Division  of  Spoils  and  of  Tributes  Idem, 
(cap.  VIII,  pp.  546,  547  and  548),  "  porque  cierto  es  asi,  qne  el  Rei  de  Mexico  no  era  maior 

en  Antoridad,  que  el  de  Tetzcuco "    From  these,  but  especially  from  Torque- 

mada's  history  of  the  conquest,  which  occupies  the  entire  fourth  Book  (Vol.  I),  enough 
can  be  gathered  to  show  that  this  cumbrous  but  important  authority  admits  no  Mexican 
Empire,  but  only  a  confederacy  of  Mexicans,  Tezcucans,  and  Tlacopans. 

Fray  Agustin  de  Vetancnrt,  "  Teatro  Mexicano,"  (Edition  of  1870),  admits  the  suprem- 
acy of  the  Mexicans  (Parte  Ua,  Trat.  1°,  cap.  XIV,  p.  291),  "y  remataron  la  fiesta  que 
dando  Izcohuatl  por  rey  supremo  del  imperio  tepaneca,  por  ser  piimero  que  nezahu- 
alcoyotl,  y  este  por  rey  de  los  aculhuas,  y  al  de  Tacuba  le  hicieron  rey  de  la  parte  de 
mazahuacan,  etc ".  But  the  confederacy '•  liga,"  of  the  three  chiefs  is  acknowl- 
edged everywhere.  (Also  Trat.  11°,  cap.  Ill,  p.  382),  "  cuando  los  Mexicanos,  los  tezco- 
canos  6  de  Tlacopan  (que  eran  los  reyes  que  estaban  confederados  para  las  guerras, 
etc.  .  .  ." 

To  this  lengthy  collection  of  quotations  many  others  might  be  added,  from  the  same 
period  as  well  as  of  a  later  date.  They  appear  to  justify  the  proposition  advanced, 
namely  :  none  of  the  confederates  exercised  any  power  over  the  others,  beyond  that  of 
exclusively  military  leadership,  which  had  been  awarded  to  the  Mexicans  proper. 

The  conquerors  never  interfered  with  the  government,  organization,  and  mode  of 
life  of  tribes  whom  they  had  overpowered.  No  attempt,  either  direct  or  implied,  was 
made  to  assimilate  or  incorporate  them. 

My  friend  Dr.  G.  Bruhl,  author  of  the  highly  interesting  and  conscientious  work 


564 

Our  investigations  are  therefore  confined  to  the  limits  of  the 
single  tribe,  and  we  have  selected  for  that  purpose  the  Mexicans 

"Die  Culturvoelker  des  aJten  Amerika"  (Cincinnati,  1876,  '77,  '781,  has,  in  regard  to  the 
statements  made  in  "  Art  of  War"  (p.  100,  note  17;  p.  133,  note  152),  and  in  "  Tenure  oj 
Lands"  (pp.  412  and  413,  also  note  50;  pp.  417  and  418,  also  note  69),  called  my  attention 
to  a  passage  from  Sahagnn,  "  Historia  general"  (Lib.  VIII,  cap.  XXIV,  p.  313),  "  Habi- 
endo  paciflcado  la  provincia,  luego  los  senores  del  campo  repartian  tributos  a  los  que 
habiau  sido  conquistados,  para  que  cada  un  afio  los  diesen  al  senor  que  les  habia  con- 
quistado,  y  el  tributo  era  de  lo  que  en  ella  se  criaba  y  se  hacia,  y  luego  elegian  gober- 
nadores  y  oflctales  que  presidiesen  en  aquella  provincia,  no  de  los  naturales  de  ella, 
sino  de  los  que  la  habian  conquistado."  The  author  himself,  however,  gives  the  ex- 
planation of  what  he  intends  to  designate  by  such  '•  governors  and  officials  who  should 
preside  in  said  province."  In  his  12th  Book,  (Cap,  II,  p.  5,  Vol.  Ill),  he  says:  '"La  pri- 
mera  vez  que  parecieron  navios  en  la  costa  de  esta  Nueva-Espaiia,  los  capitanes  de 
Moctheuzoma  que  se  llamaban  Calpixques  que  estabau  cerca  de  la  costa  luego  fueron 
a  ver  que  era  aquello  que  vino,  que  nunca  habian  visto  navios,  uno  de  los  cuales  fue 
el  calpixque  de  Cuextecatl  que  se  llamaba  Pinotl :  llevaba  consigo  otros  calpixques  uno 
que  se  llamaba  Yaotzin,  que  residia  en  el  pueblo  de  Mictlanquauhtla,  y  otro  que  se 
llamaba  Teozinzocatl,  que  residia  en  el  pueblo  de  Teociniocan,  y  otro  que  se  llamaba 
Cuitlalpitoc,  este  no  era  calpixque  sino  criado  de  uno  de  estos  calpixques,  y  pnncipal- 
ejo  que  se  llamaba  Tentlil."  In  this  Sahagun  about  agrees  with  Tezuzomoc  ( Cronica, 
Cap.  CVI,  CVII,  CVIII,  CIX),  inasmuch  as  the  latter  also  states  the  officers  to  have 
been  calpixques,  th.  is.  "  Stewards"  or  gatherers  of  tribute.  Compare  Alonzo  de  Molina, 
"  Vocabulario,"  (Parte  1I«,  p.  12.) 

The  names  of  these  Indians  who  received  Cortes  are  found  nearly  alike  in  all  the 
authors,  but  we  are  struck  by  the  fact  that  many  of  them  call  the  natives  "governors" 
of  Montezuma.  I  quote  Bemal  Diez  de  Castillo  (Cap.  XXXVIII,  pp.  32  and  33,  Vedia, 
Vol.  II)  Gomara  (pp.  312,  313,  314,  etc.,  Vedia  I).  Ixtlilxochitl  (•'  Histoire  des  Chichi- 
mtques,"  Cap.  LXXIX,  p.  KiO).  "  Cruautds  horribles,"  (p.  3.)  Herrera  (Dec.  II,  lib.  V, 
cap.  IV,  p.  116;  Cap.  V,  p.  117).  Torquemada  (Lib.  IV,  cap.  XVI,  p.  387;  Cap.  XVII,  p. 
389,  etc.).  Vetancurt  (Vol.  II,  cap.  IV,  p.  43).  Fray  Joseph  Joaquin  Granados  y  Galvez, 
("  Tardes  Americanos"  Mexico,  1778,  9th  evening,  p.  234).  Abbate  F.  X.  Clavigero 
(•'  Geschichte  von  Mexico,"  Leipzig,  1790,  a  gerrnan  translation  of  the  Italian  original 
which  appeared  at  Cesena  in  1780.  Vol.  II,  Lib.  VIII,  cap.  V,  p.  16).  These  governors 
therefore  were  but  "  calpixques,"  in  other  words  collectors  of  tribute.  This  is  already 
stated  by  Oviedo  y  Valdes  (Vol.  Ill,  Lib.  XXXIII,  cap.  I,  p.  259),  speaking  of  Cem- 
poal,  "  porque  los  indios  e  ministros,  que  alii  estaban  para  mandarlos,  eran  oficiales  e 
mayordomos  de  la  cibdad  de  Mexico."  The  '•  Heal  Ejecutoria  de  S.  M.,  Sobre  Tierras 
y  Iteseroas  de  Pechos  y  Paga  perteneciente  a  os  Caciques  de  Axapucso,  de  la  Jurisdiccion 
de  Otumba,"  (Col.  de  Doc's,  Vol.  II,  Icazbalceta,  p.  5),  calls  all  the  Indians  in  question 
"  enviados  por  el  gran  Montezuma." 

This  explains  the  evident  contradictions  of  Sahagun. 

It  is  a  singular  fact,  but  one  amply  proven  by  the  records  of  the  conquest,  that  no- 
where did  the  Spaniards,  on  their  whole  march  from  the  coast  to  Mexico,  meet  with 
Mexican  administrators  or  rulers  of  subjected  tribes.  Quotations  are  useless,  we  ouly 
refer  to  the  remarkable  description  furnished  by  Denial  Diez  of  the  events  at  Quia- 
huiztlan  (Vedia  II,  Cap.  XLVT,  pp.  40  and  41),  which  culminated  in  the  violence  done  to 
the  "  recaudadores  de  Montezuma."  This  scene,  which  is  highly  characteristic,  has 
been  beautilully  "  remodeled,"  through  a  few  omissions,  by  our  own  great  W.  H.  Pres- 
cott  ("  History  of  the  conquest  of  Mexico,"  1869,  Book  II,  chap.  VII,  p.  349).  There  is, 
finally,  abundant  proof  of  the  fact  that  neither  the  Mexicans,  nor  any  of  their  confed- 
erates, ever  attempted  to  change  or  subvert  the  organization  and  mode  of  government 
of  any  of  the  tribes  whom  they  overthrew.  I  refer  to  Oviedo  y  Valdes  (Lib.  XXXIII, 
cap.  XLVI,  p.  502).  Torquemada  (Lib.  XIV,  cap.  VIII,  p.  547).  Ixtlilxochitl  (Histoire 
des  ChichimSques,  (Cap.  XXXVIII,  p. 273).   Andres  de  Tdpia  ("  Relacion  sobre  la  Conquista 


565 

proper,  who  dwelt,  as  elsewhere  established  by  us,  on  the  partly 
artificial  islands  in  the  lagune  of  the  Mexican  valley.7  Besides 
the  prominence  acquired  by  them  in  the  annals  of  history,  it  may 
safely  be  assumed  that,  in  a  general  manner,  their  Institutions  are 
typical  of  those  of  other  sedentary  tribes.8 

Tribal  society,  based  according  to  Lewis  H.  Morgan  upon  kin, 
and  not  political  society  which  rests,  according  to  the  same  author, 
upon  territory  and  property,  must  therefore  be  looked  for  among 
the  ancient  Mexicans.  It  remains  for  us  to  establish  its  degree 
of  development,  its  details,  and  the  manner  of  its  working. 

In  order  to  comprehend  the  true  nature  of  these  questions,  we 
should  secure  as  much  information  as  possible  of  the  past  of  the 
tribe  under  consideration.  Institutions  are  never  wilfully  or  acci- 
dentally created,  but  evolved  ;  in  other  words,  they  are  the  result 
of  growth  in  knowledge  and  experience.9  The  great  difference 
existing  between  tribal  society  and  political  is  explained  as  a  dif- 

de  Mexico,"  Col.  de  Doc,  Vol.  II,  Icazbalceta,  p.  561,  and  especially  p.  592),  "  Mexico 
tenia  en  su  tiempo  en  el  hacer  guerra  esta  drden  ;  que  yendo  a  la  guerra,  al  que  se  daba 
de  paz  do  tenia  sobre  el  tributo  cierto,  sino  que  tantas  veces  en  el  aiio  lo  llevaban  pre- 
sente  a  su  discrecion  del  que  lo  llevaba  ;  pero  si  era  poco  mostrabales  mal  rostro,  y  si 
mucho  agradeciaselo.  Y  en  estos  no  ponia  mayordomo  ni  recaudador  ni  cosa;  el  seiior 
se  era  seiior.  Los  que  tomaba  de  guerra  decian  tequitin  tlacotl,  que  quiere  decir,  trib- 
utan  como  esclavos.  En  estos  ponia  mayordomos  y  recogedores  y  recaudadores;  y 
aunque  los  Senores  mandaban  su  gente,  eran  debajo  de  la  mano  destos  de  Mexico  .  .  . 
.  ."  Motolinia  (Trat.  Ill,  cap.  VII,  p.  185),  Granados  y  Galvez.  (5th  night,  p.  168),  a 
singular  picture  of  purest  feudality,  for  which  Gomara  may  be  responsible  in  part. 
Ramirez  de  Fuenleal  {Letter  ofith  Nov.,  1532, 1st ;  "  Recueil,"  (pp.  245, 246,  and  247).  Zur- 
ita  "  Rapport,"  (p.  16),  to  be  compared  with  Mendieta  and  Toi  quemada. 

Consequently  there  was  no  tendency  towards  unification  or  nationalization  in  all  the 
successful  and  extensive  raids  which  the  Nahuatlaca  of  the  valley  of  Mexico  carried 
on  for  a  full  century.  No  organic  body,  larger  than  the  tribe,  resulted  from  these  san- 
guinary forays;  because  the  confederacy  itself  was  not  the  end,  but  the  beginning  of 
these  undertakings.  This  justifies  the  view  which  I  shall  hereafter  advocate  in  regard 
to  the  nature  of  that  confederacy  namely:  as  a  mere  partnership  to  carry  on  the  busi- 
ness of  warfare  the  latter  in  turn  being  part  of  the  mode  of  subsistence. 

6  "Based  upon  territory  and  property"  according  to  L.  H.  Morgan,  in  contra-distinc- 
tion  to  tribal-society,  based  upon  "Kin."    (•'  Ancient  Society"  chapter  11,  page  62). 

f'Art  of  War,"  p.  95. 

'  "Art  of  War,"  p.  150.    "  Tenure  of  Lands,"  pp.  421,  422. 

s"  Ixtlilxochitl  (Histoire  des  ChicliimSques,"  Cap.  XXXVI,  p.  245).  "Ainsi,  tout 
ce  qui  se  dit  de  Tezcuco  doit  s'entendre  aussi  des  deux  autres,  .  .  .  ."  Gomara  (p.  440, 
Vedia,  I).  "To  speak  of  the  Mexicans,  signifies  as  much  as  speaking  of  all  New 
Spain."  The  title  of  the  section  is  :  "  Costumbres  de  los  hombres,"  and  the  original  text 
reads:  "Hablando  de  mejicanos,  es  hablar  en  general  de  toda  la  Nueva-Espana." 
Although  Zurita  (p.  5)  insists  upon  the  variety  of  customs  among  the  aborigines,— 
changing  from  settlement  to  settlement,  from  tribe  to  tribe, —  his  own  report  furnishes 
the  proof  of  the  contrary,  and  it  is  evident  from  the  text  that  he  alludes  principally  to 
the  diversity  in  languages  and  dialects. 

9  Morgan  ("Ancient  Society,"  Chap.  I,  p.  6). 


566 

ferent  state  of  progress.  But  Institutions  have  grown  out  of  the 
relations  between  the  sexes,  and  the  increase  of  the  human  species 
and  its  propagation.  Had  political  society  existed  in  Mexico,  we 
should  be  entitled  to  find  there  a  plain  and  definite  conception  of 
the  family.10  Whether  such  is  the  case  a  glance 'at  the  system  of 
consanguinity  of  the  ancient  Mexicans,  as  far  as  it  may  be  possi- 
ble, will  tell  us. 

Among  American  aborigines  of  low  culture,  in  fact  over  the 
widest  area  once  held  by  the  "Indian"  race,  "mother-right"  ruled 
supreme.  The  tangible  fact,  coarsely  expressed,  that  a  child  was 
always  sure  of  his  mother,  whereas  it  might  not  be  equally  certain 
of  his  father.}1  created  in  course  of  time  and  with  increased  num- 
bers a  tendency  to  aggregate  into  clusters  whose  basis  was  cer- 
tainty of  descent  in  common.  These  clusters  were  the  kins, 
significantly  termed  "lineages"  try  Spanish  authors.  Such  as 
traced  back  their  descent  to  a  common  mother  therefore  composed 
one  of  these,  regardless  of  their  male  procreators.  The  family — 
consisting  of  a  group  which  includes  children  as  descendants  of 
both  parents — was  not  yet  recognized,  and  the  kin  took  its 
place  for  all  purposes  of  public  life.  It  formed  the  unit  of  social 
organization.  With  the  growth  of  knowledge  and  experience  how- 
ever, and  a  corresponding  increase  of  wants,  the  importance  of 
man  rose  correspondingly.  "  Mother-right "  began  to  yield  ;  female 
descent  to  change  to  "  descent  in  the  male  line."  Nevertheless 
the  kin  remained  the  unit  of  social  agglomeration,  with  the  only 
difference  that  it  was  reckoned  through  males  instead  of  by  fe- 
males. It  required  the  final  overthrow  of  the  kin  as  a  public  In- 
stitution to  bring  about  the  present  shape  of  that  intimate  group, 
the  family,  among  the  most  highly  advanced  nations.12 

The  two  extremes  of  growth  of  the  family,  as  characterized  by 
the  inception  of  the  kin,  and  by  the  family  after  the  obliteration 

w {Ancient  Society,"  Chap.  II,  p.  78.)  For  the  so-called  "Descriptive  System  of 
Relationship,"  compare.  L.  H.  Morgan  (■'  Systems  of  Consanguinity  and  Affinity  of  the 
Human  Family,"  Chap.  II,  pp.  16,  12,  13). 

11  This  assertion  is  found  in  various  authors.  I  shall  quote  but  one:  Gregorio 
Garcia,  ('■  Oriyen  de  los  Indios  de  el  Nuevo  Mundo  e  Jndias  Occidentales,"  second 
edition,  1729,  Madrid,  Lib.  IV,  Cap.  XXIII,  p.  247). 

12  Although  it  is  entirely  out  of  the  line  of  these  researches  to  enter  upon  a  dis- 
cussion of  Primitive  Marriage,  I  was  compelled  to  refer  to  the  question  of  kin  in  such 
a  manner  as  to  explain  at  least  the  importance  of  that  group  in  the  history  of  society. 
For  anything  else,  the  works  of  Mr.  Morgan,  Sir  Henry  S.  Maine,  John  F.  Mc  Lennan, 
and  some  publications  of  Dr.  Ad.  Bastiau,  should  be  consulted,  besides  a  great  number 
of  others  too  numerous  to  mention  here. 


567 

of  the  former,  are  distinguished  by  the  terminology  of  relationship. 
In  the  case  of  the  former,  relatives  are  at  once  classified  ;  in  the 
latter  instance,  the}'  are  merely  described.  Now,  our  investiga- 
tions of  the  customs  of  Inheritance  among  the  ancient  Mexicans 
have  led  us  to  the  conclusion  that  they  had  already  achieved 
progress  to  descent  in  the  male  line.13  Actual  family  existed  among 
them  in  its  incipient  form  at  least. 

But  we  meet  here  with  a  singular  feature  in  designating  rela- 
tionships. Ascending  from  the  "  Ego,"  as  point  of  departure,  we 
find  the  following  terms  in  the  Mexican  (Nahuatl)  language. 

Father  :  '■'  tatli "  —  "  teta." 14 

Brother  of  father  or  mother  (paternal  or  maternal  uncle)  : 
"  tlatli  "  —  "  tetla."  15 

Grandfather:  "tecul."     Granduncle  :  "tecol."16 

Great-grandfather  :  "  achtontli."  17 


13  "  Tenure  of  Lands  "  (p.  429,  note  106). 

«  Molina C  Vocabulario,"  Part  la,  p.  91 ;  Ha,  pp.  106, 91).  Besides  the  plural  "  tetatziu," 
the  names,  "  yzcacauhti,"  "  teizcacauh,"  are  also  mentioned  (I,  p.  91).  The  former  is  de- 
fined (II,  p.  48)  as  "natural  father."  It  derives  from  "  Izcalia"  or  "  ninoizcalia"  —  "  to 
give  life"  and  "acauhtli."  The  latter  evidently  is  an  abbreviation  or  corruption 
from  "nitla  teachcauliaia"  — '' to  be  preferred  in  what  is  distributed,  or  in  a  distribu- 
tion" (II,  p.  21,  which  in  turn  is  at  the  root  of  " teachcauhtin"  — "  elder  brother"  (II, 
p.  91).  It  is  superfluous  here  to  quote  authorities  in  support  of  the  fact  that  "  ach  "  is 
frequently  corrupted  to  "ac,"  or  the  inverse.  In  Cakchiquel:  "Tata"  See  Brasseur 
de  Bourbourg  ("  Grammaire  de  la  Langue  Quichee,  etc."  pp.  217,  218).  The  root  "  Ta  "  is 
also  found  in  other  Indian  idioms,  See:  Gatschet  (Zwblj  Sprachen  aus  dem  Sudwesten 
Nordamerikas,"  p.  137). 

16  Molina  (I,  p.  180;  II,  p.  140.)  All  the  difference  consists  in  the  insertion  of 
the  letter  "1"  after  the  "  t."  "Tetla"  is  but  an  abbreviation  of  'Te-tatli."  from 
"Tehuatl"  thou,  p.  94,  and  father,  which  is  also  shown  in  the  alteration  of  "tatli"  to 
"  tayta  "  or  "  tata ; "  the  name  given  by  children  to  their  father  (p.  91,  II).  Corresponds  to 
the  qquiche^  "tat"  (Brasseur  de  Bourbourg,  "Grammaire,  etc."  p.  218),  and  to  the 
Muysca  "Ze  paba"  ("Paba"  father).  Morgan  after  Uricoechea  ("  Systems  of  consan- 
guinity," p.  265). 

16  Molina  (II,  p.  94;  II,  p.  93).  Here  again  the  change  from  "u"  to  "o"  appears, 
which  is  so  frequent  among  older  authors.  For  inst.,  Tezcoco  and  Tezcuco,  Ometochtli 
and  Ometuchtli,  Tlacopan  and  Tlacahuapan.  Olli  and  Ulli,  etc.  etc.  Such  changes  are 
very  excusable,  they  proceed  from  the  Indian  pronunciation  of  vowels.  On  this 
subject  compare,  althongh  it  concerns  properly  but  the  Qquichua  idiom  of  Peru,  the 
excellent  essay  of  Sefior  Don  Gavino  Pacheco  y  Zegarra  of  Puno,  entitled  "Alphabet 
phonetique  de  la  langue  Qquichua,"  published  in  the  2nd  volume  of  the  "  Compte  Jleudu 
du  CongrSs  International  des  Americanistes,"  at  Nancy,  in  1875.  He  says  (p.  303) 
"  D'autre  part,  le  kehua  differant  cssentiellunent  des  langues  romanes,  surtout  en  ce 
qui  concerne  les  sons  elementaires,  il  est  impossible  de  donner  une  idee  exacte  de  ces 
sons  au  moyen  du  seul  alphabet  latin.  .  .  ."  In  regard  to  "O"  and  "  U,"  see  pp.  306, 
307,  308.  etc.  What  the  author  says  of  the  Qquichua  applies  exactly  to  the  Nahuatl  also. 
See  Molina  ("  Prologo  y  Avisos,"  3d  page  "  Aviso  septimo"). 

17  Molina  (I,  p.  117;  II,  p.  2).  Literally,  "little  preferred  one."  Compare  Sahagun 
(Lib.  X,  cap.  I,  p.  5,  3d  Vol). 


568 

Mother  :  "  nantli "  —  "  tenantzin  "  —  "  teciztli." 18 
Aunt:  "auitl"  — "teaui."19 
Grandmother  as  well  as  grand-aunt:  "eitli."20 
Great-grandmother  "  piptontli."21 
Descending  from  the  "  Ego." 

Son:  "tepiltzin,"  "  tetelpueh."  But  the  women  (mother, 
sisters,  etc.),  call  him  "  noconeuh."  ^ 

"  Molina  (I,  p.  80;  II,  pp.  G3,  9-2,  98).  "Ciztli"  is  probably  the  same  as  "  Citli,"  — 
hare,  or  grandaunt.  The  fact  that  the  same  name  should  be  given  to  a  near  female 
relative  or  even  to  the  mother,  and  to  a  fleet,  timid,  quadruped,  is  very  singular.  It 
may  be  that  the  timidity  of  the  animal  has  given  occasion  to  bestow  the  name,  or, 
since  hare's  hair  was  frequently  woven  into  fine  mantles,  together  with  feathers,  that 
this  also  may  have  given  rise  to  it.  The  latter  is  first  mentioned  by  Peter  Martyr,  of 
Anghiera,  "  De  nouo  Orbe,"  or  the  "  Historie  of  the  West  Indies,  etc,  etc."  London, 
1612.  An  English  translation  by  Michael  Lok  and  Richard  Eden,  of  the  famous 
'•  Decades,"  al*o  entitled  "  De  Rebus  Oceanicis,"  (Dec.  V.  cap.  X,  p.  229),  he  mentions 
having  seen  among  the  objects  brought  to  the  court  of  Spain  by  Juan  de  Ribera,  gar- 
ments; ''they  compact  of  Conies  haire,  and  they  set  these  feathers  in  such  order 
between  the  Cony  haire,  and  intermingle  them  between  the  thriddes  of  the  cotton,  and 
weave  them  in  such  difficulty,  that  we  do  not  well  understande  how  they  might  do  it." 
Sahogun  (Lib.  XI,  Cap.  1,  p.  157)  mentions  another  animal  to  which  the  name  "cioatla- 
macazqui"  is  given,  which  he  translated  "little  old  woman,"  basing  upon  its  other 
designation  of  "  tlamaton." 

The  reverend  father  is.  however,  in  error.  The  first  name  signifies  literally, 
'J  woman  medicine-man,"  or  "  female  doctor  "  (Indian  notion  of  course),  and  the  second 
"little  medicine-man,"  from  "eiuatl"  woman,  Molina,  II.  p.  22,  "llama" — medicine- 
man, (II,  125).  This  animal  seems  to  be  the  Raccoon,  as  the  following  quotations 
prove:  Jonnnis  Eusebius  Xieremberg,  (•'  Historia  naturce  maxince  peregrime."  Antwerp, 
1635  Lib.  IX,  Cap.  XL1I.  p.  175).  '"Antra  cauitates  montium  atque  col  Ham  Tzozocolci 
hospitatur  animal  peregrinum,  quod  cuncta  manibns  praetentat.  Mapach  ab  India 
dicitur,  fed  non  firmo  nomine;  alij  illamaton  seu  vetulam  appellant,  alij  maxtle  seu 
gossypinum  eingulum,  alij  cioatlamacazque  seu  Bacerdotissam."  Oi'iedo  y  J'aldes 
(Lib.  XII,  lap.  XXXIX,  p.  422),  he  calls  "  Cocnmatle,"  an  animal  which  is  probably 
the  Coati,  makes  no  mention  of  the  "mapach,"  but  Clai-igero  (Liu.  I,  Cap.  X.  p.  76) 
treats  of  this  animal  fully. 

The  naming  of  a  female  relationship,  '•Citli"  appears  the  more  strange,  as  this 
name  is  given,  in  the  Mexican  mythological  tales,  to  a  god  who  tried  to  compel  the 
sun  to  move,  aud  lost  his  life  in  the  attempt.  This  story  is  due  to  Andre's  de  Ohnos, 
neither  Sahagan  nor  Motolinia  mention  the  occurrence  in  this  manner.  Compare 
Sahagun  (Lib.  VII.  Cap.  II,  p.  215,  etc.,  etc.);  Mendieta  (Lib.  II.  Cap.  I.  pp.  77.  78)  and 
Tbrquemada  (Lib.  VI,  Cap.  XLI.  p.  7ti).  Both  refer  it  to  his  authority.  We  shall  refer 
to  it  in  our  essay  on  '■  treed  and  Belief." 

">  Molina  (1, 118;  II.  9.  91). 

->'  MoKna  (I.  113;  II.  22).    See  note  18. 

;i  Molina  (I,  p.  117;  II,  82).    There  is  also,  ••  nipipinia"—  •■  pararse  flaco  de  vejez," 

and    "Pipinqui    ynacayo"  — ••  viejo    flaco  y   arrugado."     The    affix    "toutli"    is    a 

diminutive. 

\folina    (I,    p.    71).      A    singular    etymology  is    shown   here:    The    mam   says, 

S  "Thy    ).       „        (-  Tin/    >         ,.  „  „._      j,.,    „_..        .  „Cfrom  -Tehuatl" 
<  .   Sbov"or<  J  vouth.     ."Te-piltzin  — '•Te-telpueh  •!  _ 

^     Their)       "  (•'ThtirS'  <or        -Te" 

"  th  '  ■•  i:llul  "  Piltzintli."  child,  male  or  female,  (II.  p. 82,)  and  "Telpochtli,"  youth,  (p. 

The  woman,  liowever  calls  :  "  my  child"  (or  boy.  since  the  same  name  is  for  both 


569 
Daughter:  " teichpucb,"  "-tepiltzin."     Women  call  her  '"tecon- 

Grandson  or  granddaughter,  male  or  female  cousin,  are  called 
alike,  to  wit:  "yxiuhtli" —  ••  teixiuh."-4 

Nephew  and  niece  are  called:  ••machtli" —  -"temach"  by  the 
males.     The  females  however  address  them  :  "  nopilo."  ~5 

This  brings  to  light  some  very  curious  facts. 

In  the  first  place,  the  following  grades  of  consanguinity  are 
called  by  the  same  names  respectively  :  grandfather  and  grand- 
uncle,  grandmother  and  grand-aunt,  father  and  uncle,  grand- 
daughter, grandson  and  cousin,  nephew  and  niece. 


sexes),  from  "conetl" —  --nifio  o  nina"  (II.  p.  84),  and  the  possessive  pronoun  -no"' 
according  to  H.  H.  Bancroft.  "Native  Races  of  the  Pacific  States."  [Vol.  III.  Cap.  IX. 
p.  734).  or  -nnca '—  -of  me"  (Molina.  II.  72).  These  are,  however,  not  the  only 
appellations.    We  have  besides  : 

Children  of  both  sexes  and  grandchildren,  collectivelv :  "tepilhuan,  teixhuan" 
(I.  p.  71).  The  first  one  is  easily  decomposed  into  "te"  theirs,  ••  piltzuitli"  child. 
and  a  possessive  affix  "huan"  Bancroft  ('■  Xative  Races"  Vol.  III.  Cap.  IX.  p. 
732). 

Oldest  son  or  daughter  '« teyacapan *  "yacapantli  "  vp.  71.  I).  From '•  nicyaeatia." 
to  be  the  first  or  leader  (II,  p.  22),  "  yacatl"  —  nose  probably  on  account  of  its 
protuberance,  (II.  p.  39  . 

Second  son  or  daughter,  "  tlacoyeua "  "  tetlamamallo  "  (p.  71,  I).  The  first  one 
might  possibly  derive  from  "eentlacol"  —  one-half  (I.  p.  S3),  since  Molina  adds 
(II,  p.  US).  ••  el  segundo  hijo  6  hija,  o  de  tres  o  quatro  engendrados  d  nacidos."  The 
etymology  of  the  other,  if  correct,  would  be  singular.  It  is  either  from  -'tetla"  uncle, 
and  "  tetlan  nina  mamali"  '"bender,  meterse  entre  mucha  gente"  (II,  p.  52),  or  from 
"  te  "  their  and,  ••  Tlamama  "  carrier  of  a  load  (II,  p.  125).  In  both  cases  it  indicates 
an  inferior  position. 

Youngest  son  or  daughter  "xocoyotl"  "texocoyouh"  (I,  p.  71).  Definitions  too 
doubtful.  Finally,  there  are  the  surnames,  or  caresses,  like,  "  cuzcatlquetzalli"  — 
collar  of  changing  green  hues, —  "  teeuzeauan  "  —  "  tequetzalhuan  "  (I,  p.  71),  which  all 
have  the  same  significance,  in  a  general  way.  of  '-precious  gem"  or  -'jewel."  These 
metaphorical  names  are  fouDd  profusely  in  Tezozomoc  (■'  Cronica  Manama?] 

The  fact,  above  noticed,  that  while  men,  if  strangers,  address  boys,  ••  their  boy," 
while  women  call  them  ■'  my  boy."  is  perhaps  significant.  It  might  be  a  lingering 
remnant  of  •■  mother-right." 

•"'  Molina  (I.  71).  derives  from  "  Ichpocatl"  (girl.  II,  p,  32.)  So  far  teichpeuh. —  the 
other  two  are  already  explained. 

-*  Molina  (I.  pp.  *».>•>.  But  there  is  also.  •'  Nieto  6  nieta  dos  vezes."  "ycutontli" 
"teicuton."  Xow,  according  to  the  same  authority  (II,  p.  34).  the  older  brother  or 
sister  calls  the  younger  ••  n.  icuta  "  ("  n  "  as  abbreviation  to  "  no  ").  Consequently,  the 
signification  would  be.  "  little  younger  brother  or  sister." 

25  Molina  (I.  p.  109;  II,  51.  73).  In  this  case  the  woman  again  calls  them  •'  my  child" 
("  no  "  my,  and  "  piltzintli "  child).  The  custom  of  giving  different  names  to  relation- 
ships, by  women  and  by  men,  is  found  in  Peru  among  the  Qquichua  and  Inca. 
Compare  Garcilasso  de  la  Vega. '■  Histoire  des  Ineas  liois  du  Pt'rou."  (French  trans- 
lation from  the  original  Spanish,  by  J.  Baudouin,  Amsterdam,  1704.  Lib.  IV,  Cap.  XI. 
Vol.  I,  pp.  359.  360).  J.  J.  von  Tschudi  ("  Peru''  SeUesUssat,  St.  Gall.  1846,  an  excellent 
book.  Vol.  II,  Cap.  X.  p.  3S0).  A  similar  custom  also  appears  in  Xew  Granada  among 
the  Muysca.    L.  H.  Morgan  ("  Systems  of  Consanguinity,  etc.."  p.  2t>5,  after  L'ricoechea). 


570 

Secondly,  the  relationships  in  the  descending  scale  are  more 
closely  described  than  those  in  the  ascending  scale. 

Thirdly,  in  some  instances  women  give  different  names  from 
those  given  by  men. 

It  results  from  it,  that  the  classificatory  system  still,  to  a  great 
extent,  predominated  in  the  ancient  Mexican  nomenclature  for  re- 
lationship, while  the  more  modern  descriptive  system  appears  in  a 
I  minority  of  cases  only.  |  This  leads  to  the  inference  that  the  Mex- 
^  ican  family  itself  was  yet  but  imperfectly  constituted.  It  was  not 
yet  so  established  as  to  form  a  definite  group  and  hence  cannot  be 
I  expected  to  exercise  any  influence  in  the  matter  of  public  social 
life.  We  are,  therefore,  again  justified  in  looking  to  the  kin  as  the 
unit  of  social  organization,  within  the  limits  of  that  widest  aggre- 
gate, the  tribe.26 

Traditionary  tales  about  the  earliest  settlement  of  man  in  Mex- 
ico as  well  as  in  Central  America,  distinct^  ascribe  it  to  "  lineages  " 
or  relationships.  The  tribe  is  merely  implied,  and  appears  in  a 
definite   form   only  after   this    settlement   has    already  occurred. 

The  "  Popol-Vuh,"  or  gathering  of  the  cosmological  and  tradi- 
tionary records  of  the  QQuiche  tribe  of  Guatemala,  after  enumer- 
ating the  four  wives  of  the  four  first  men  created,  even  says  : 
"These  [their  spouses],  engendered  mankind,  the  large  and  small 
tribes  :  and  they  were  the  stock  of  us,  of  the  QQuiche  tribe." 
This  indicates,  perhaps,  descent  in  the  female  line  at  a  very  early 
date.2? 

26  Dr.  Adolphus  Bastian,  "  Ueber  die  Eheverhdltnisse,"  ("  Zeitschrift  /fir  Ethnologie," 
Berlin,  Vol.  V,  1874)  presupposes  a  family,  definite  and  distinct :  "Aus  der  Ehe,  ala 
erster  Kreisung  der  Gesellschaft  gent  die  Familie  hervor,  in  ausgedehnter  Peripherie 
als  gens  (unter  Erweiterung  durch  die  Agnaten)  aus  ursprusnglichen  Patriciern;  wo 
der  Clan  unter  Aufuahme  fictiver  Venrwandten  und  zugehorigen  seinen  abschluss 
untcr  den  Patriarehen  bewalirt."  Such  views  offer  a  sufficient  explanation,  when 
applied  indiscriminately  to  the  inhabitants  of  all  the  continents,  why  the  organization 
of  some  aborigines  of  this  continent  is  still  regarded  as  monarchical.  The  nature  and 
functions  of  the  Indian  kin  are  completely  misunderstood  and  proportionately  misrep- 
resented.   (See  also  Id.,  p.  396.) 

27  <i  popol-  Vuh"  (Translated  from  the  original  QQuiche  by  the  Abbe  Charles  Etienne 
Brasseur  de  Bourbourg,  Paris,  1861,  Part  III,  cap.  Ill,  p.  205).  "  E  pogol  vinak,  chuti 
amag,  nima  amag;  are  cut  u  xe  kech,  ri  oh  Queehe-vinak;  tzatz  cut  x-uxic  ri  Ahqixb 
Ahqahb;  miina  xa  E  cahib  chic  x-uxic,  xere  cahib  ri  qui  chuch  oh  quiche  vinak."  Mr. 
Brasseur  translates  "  vinak"  alternately  as  men,  tribes,  and  nations.  According  to  his 
own  vocabulary,  however,  it  means  but  "man"  or  "the  increase"  (See  "  Grammaire 
QQuiche,"  p.  233).  In  his  translation  of  the  "  Rabinal-Achi  "  ("  Grammaire  "  First  Scene, 
pp.  27  and  35,  and  other  places),  "vinak"  is  also  rendered  as  chief.  But  the  true 
QQuiche  word  for  tribe  is  •'  amag  "  ("  Grammaire,"  p.  167).  This  alters  the  sense  to  the  ex- 
tent that  instead  of  "QQuiche  tribe  "  it  should  read  "men  of  QQuiche"  or  rather  "QQuiche 


571 

The  first  settlement  of  Chiapas  is  ascribed,  in  the  tale  of  Votan, 
to  seven  families. ,28  But  there  is  still  another  and  more  remarka- 
ble tradition  connected  with  it.  Like  the  Aborigines  of  Mexico 
of  Nahuatl  stock,  the  Tarasca  of  Michhuacan,  the  Maya  of 
Yucatan,  and  the  QQuiche,  Cakchiquel  and  Zutuhil  of  Guatemala, 
the  Aborigines  of  Chiapas  had  a  month  composed  of  twenty  days, 
bearing  each  a  particular  name.  It  is  positively  asserted  by  very 
old  authority,  that  these  twenty  days  were  named  after  as  many 
chiefs  of  an  equal  number  of  lineages  or  kins,  the  latter  being 
the  earliest  settlers  of  the  country.  Furthermore,  among  these 
twenty   names,  four   are   everywhere    prominently  distinguished. 

men."  The  last  words  "  xere  cahib  ri  qui  chuch  oh  Quiche  vinak,"  are  literally: 
'•  though  four  these  (which,  who)  certainly  (surely)  mother  us  (we)  QQuiche  men." 
The  note  by  the  celebrated  Abbe  (p.  207,  note 3),  in  which  he  states  that  "mother"  is 
often  applied  to  chief,  finds  a  parallel  in  many  passages  of  Tezozomoc  when  the  tribe 
is  also  addressed  as  father  and  mother.    Also  Durdn  (Cap.  XV,  p.  1-27). 

The  creation  of  these  four  men  and  four  women  immediately  precedes,  in  the  Popol- 
Vuh,  the  tale  of  the  first  sacrifice  and  the  distribution  of  the  idols,  and  is  distinctly 
stated  as  having  occurred  during  the  time  of  obscurity,  the  morning  star  being  their 
only  guide  and  most  brilliant  luminary  (••  Popol-  Vuh,"  pp.  200,  211,  and  213).  Now  an 
analogous  tale  is  told  by  Sahagun  (Lib.  VII,  cap.  II,  p.  248,  etc.),  about  the  first  appear- 
ance of  both  sun  and  moon.  The  Gods  disputed  about  the  place  where  the  two  celestial 
bodies  would  rise,  and  four  of  them,  together  with  four  women,  looked  to  the  east  for 
their  coming.  The  QQuiche  tradition  (p.  207),  places  the  coming  of  these  first  people 
also  in  the  East.  It  appears  to  be,  therefore,  a  tradition  originally  common  to  the 
"  Nahuatl"  and  to  the  "  QQuiche,"  and  its  bearing  upon  the  question  at  issue  becomes 
still  more  prominent. 

2H  The  two  leading  sources  on  Chiapas  namely :  Nunez  de  la  Vega  ("  Constitution 
diocesana  del  Estado  de  Chiapas,  Roma,  1702),  and  Fray  Antonio  de  Remesal  ("  Historia 
de  la  Provincia  de  Chijapa  y  Guatemala  de  la  Orden  de  Santo  Domingo,"  1619),  not  being 
at  my  command  now, —  I  can  but  refer  the  student  to  them,  and  to  the  following  works 
besides  :  Lorenzo  Boturini  Benaducci  ("  Idea  de  una  Nueva  Historia  General  de  la  Amer- 
ica Septentrional,"  Madrid,  1770,  §  XVI,  p.  115,  copying  Nunez  de  la  Vega,  31,  §  XXX), 
Mariano  Veytia  y  Echeverria  {"Historia  antigua  de  Mejico,"  1830,  by  Ortega,  Vol.  I,  cap. 
II,  p.  15).  Clavigero  (Lib.  II,  cap.  XII,  pp.  104  and  U>5).  Paul  Felix  Cabrera  ('•  Teatro 
critico  Americano"  german  translation  by  Lieut.  General  J.  H.  von  Minutoii,  incorpor- 
ated in  the  latter's  book.  ''  Beschreibung  einer  alten  Stadt,  die  in  Guatimala  ( Neuspanien) 
unfem  Palenque  entdeckt  worden  ist,"  p.  30.  etc.,  after  Vega  also).  Brasseur  de  Bourbourg 
(■'  Popol-  Vuh"  Introduction,  pp.  LXXIII,  LXXXVII,  CXII,  etc).  Alex,  von  Humboldt 
("  Vues  des  CordillSres  et  monuments  des  peuples  indigenes  de  V  Amerique,"  1801,  Vol.  I, 
pp.  382  and  383 ;  II,  pp.  350  and  357).  Bancroft,  H.  H.,  (Vol.  Ill,  cap,  X,  pp.  450  and  454; 
and  especially  Vol.  V,  cap.  Ill,  from  p.  159  on).  As  usual,  very  full  and  valuable,  al- 
though he  does  not  mention  any  source  older  than  Nunez  de  la  Vega.  Finally,  A. 
Bastian  ("  Vie  Culturlaender  des  alten  Amerika,"  1878,  Vol.  II,  pp.300  and  302).  The 
latter  says  that  Votan  found  Chiapas  already  peopled.  This  is  not  confirmed  by  what 
I  know  of  Vega  and  of  the  other  (later)  authority  Don  Ramon  Ordonez  y  Aguiar  ("His- 
otria  de  la  Creadon  del  Cielo  y  de  la  Tierra  "  MSS.  at  the  "  Museo  Nacional  "  of  Mexico). 
Votan  was  "  sent  to  divide  and  distribute  the  land  "  Cabrera  says  ("Beschreibung,  etc.," 
"  Teatro,"  p.  33),  basing  upon  verbal  communications  of  Ordonnez  y  Aguiar:  "He 
(Votan)  assures,  that  he  brought  seven  families  to  this  continent,  of  Valuni  Votan,  and 
assigned  land  to  them." 

2* 


572 


They  not  only  indicate  the  first  clay  of  each  "  week  "  of  five  da}^s, 
but  they  also  designate  the  years  of  the  calendar.  It  is  well- 
known  that  the  largest  authentically  established  c_ycle  of  Central 
American  and  Mexican  natives  consisted  of  52  years,  that  is  of 
a  thirteen-fold  recurrence  of  the  same  series  of  four,  named  alike, 
respectively  as  one  of  the  four  initial  days  of  the  weekly  indic- 
tions.  This  peculiarity,  coupled  with  the  positive  description  fur- 
nished in  the  "  Popol-Vuh  "  of  the  segmentation  of  four  original 
kins  into  a  number  of  smaller  ones,  and  with  the  fact  that  nearly 
every  aboriginal  settlement,  at  the  present  time,  divides  into  four 
principal  groups  of  inhabitants,  becomes  suggestive  of  the  infer- 
ence, not  only  that  the  consanguine  group  was  the  original  type 
of  social  organization  at  the  remotest  period,  but  that  the  ethnog- 
raphy of  Mexico  and  Central  America  may  even  be  derived  from 
a  segmentation  of  primitive  kins,  and  reassociation  of  these  frag- 
ments into  tribes,  under  the  influence  of  time  and  mutation  of  resi- 
dence, dialectical  variation  aiding.29 

29  Without  quoting  superfluously  to  prove  well-known  facts  —  household  words  so  to 
say,  in  Mexican  and  Central-American  archaeology  —  we  will  place  side  by  side  the 
names  of  the  days  of  the  Mexican,  Nicaraguan,  Yucatecan,  QQuiche^  Chiapanecan,  ana 
Tarascan  month. 


NAHUATL. 

MAYA. 

TZENDAL. 

Chiapas    and 

Soconusco. 

Mexican. 

Niquiran. 

Tarascan. 

Maya. 

Q  Quiche". 

Cipactli, 

Cipat, 

Inbeari, 

Ymix, 

Imox, 

Imox, 

Ehecatl, 

Ecat  or  Hecat, 

Inthaati, 

Yk, 

J?- 

lgh, 

Calli, 

Cali, 

Inbani, 

Akbal, 

Akbal, 

Yotan, 

Cuetzpalin, 

Quespal, 

Inxichari, 

Kan. 

Qat 

Chanan, 

Cohuatl, 

Coat, 

Jnchini, 

Chicchan 

,          Can. 

A  bah, 

Miquiztli, 

Missiste, 

Inrini, 

Quimij, 

Carney, 

Tox, 

Mazatl, 

Macet, 

Inpari, 

Manik, 

Quich, 

Moxic, 

Tochtli, 

Toste, 

Inchon, 

Lamat, 

Ganel, 

Lam  bat, 

Atl, 

At. 

Intliahui, 

Muluc,  i 

Toh, 

Molo, 

Ytzcuintli, 

Yzquindi, 

lntzini, 

Oc, 

Tzy, 

Elab 

Ozomatli, 

Ocomate, 

Intzoniabi, 

Chuen, 

Batz, 

Batz, 

Malinalli, 

Malinal, 

Intzimbi, 

Eb, 

Ci, 

Evob, 

Acatl, 

Acato, 

Inthihui, 

Been, 

Ah, 

Been, 

Ocelotl, 

Oqelot, 

Inixotzini, 

Gix, 

Itz, 

Hix. 

Quauhtli, 

Gate, 

Inichini, 

Men, 

Tziquin 

Tzibin, 

Cozcaquauhtli, 

Coscagoate, 

Iniabi, 

Quib, 

Ahmak, 

Cliabin, 

Ollin, 

Olin, 

lntaniri, 

Caban, 

Noh, 

chic, 

Tecpatl, 

Tapecat, 

Inodon, 

Edznab, 

Tihax, 

Chinax, 

Quiahiutl, 

Quiaiiit, 

In  in  bi. 

Cauac, 

Caok, 

Cahogh, 

Xochitl. 

Sochit. 

Inettuni. 

Ajau. 

Hunahpu. 

Aglmal. 

The  four  leaders  (as  I  may  be  permitted  to  call  them),  are  respectively :  In  Mexico, 
Tochtli,  Acatl,  Tecpatl,  Calli.  In  Michhuacan,  Inchon,  Inthihui,  Inodon,  Inbani.  In 
Chiapas,  Votan,  Lambat,  Been,  Chinax,  In  Guatemala,  Akbal,  Ganel,  Ah,  Tihax. 
Finally  in  Yucatan,  Kan,  Muluc,  Gix,  Cauac. 

I  have  not  the  means  of  discussing  the  Tarascan  calendar  of  Michhuacan;  it  is  suf- 


573 


It  is  not  surprising  therefore  if,  of  the  earliest  traces  which  are 
met  with  concerning  such  Aborigines  as  spoke  the  "good  sound" 


flcient  for  my  purpose  to  establish  its  identity,  in  system,  with  the  others.  The  Nicar- 
aguan  days  are  corruptions  of  tlje  Mexican  names,  the  "  Niquiran  "  being  a  "  Nahuatl  " 
dialect. 

Taking  now  the  four  remaining  groups,  we  place  opposite  to  each  word  its  transla- 
tion or  interpretation  so  far  as  I  can  trace  it,  which  is  of  course  not  always  possible. 


Mexican. 

Q  Quiche, 

Maya. 

Chiapaneco. 

Cipactli,  Marine  mon- 

Imox. Swordflsh. 

Ymix.  Dragon. 

Imox. 

ster. 

Ig,  Breath. 

Yk,  Breath  or  wind. 

Igh. 

Eheoatl,  Wind. 

Akbal.  chaos  (  ?). 

Akbal,  (See  below). 

Votan. 

Calli,  House. 

Cat,  Lizard. 

Kan.  Snake. 

Chanan,  Snake. 

Cuetzpalin,  Lizard. 

Can,  Snake. 

Chicchan. 

A  bah,  Stone  (  ?). 

Cohuatl.  Snake. 

Carney,  Death. 

Quimij,  Death. 

Tox. 

Miquiztli,  Skull. 

Quich,  Deer. 

Manik,  (See  below). 

Moxic. 

MazatI,  Deer. 

Ganel,  Rabbit. 

Lamat. 

Latnbat. 

Tochtii.  Rabbit. 

Ton,  Shower. 

Mnluc. 

Molo. 

Atl,  Water. 

Tzy,  Dog. 

Oc. 

Elab. 

Ytzcuintli,  Dog. 

Batz,  Monkey. 

Chuen.  (See  below). 

Batz,  Monkey  ( ?). 

Ozomatli,  Monkey. 

Ci,  Broom. 

Eb,  Staircase. 

Koob. 

Malinalli,A~no<  or  twist 

Ah,  Cane. 

Been. 

Been. 

Acatl,  Cane. 

Itz,  Wizard. 

Gix,  Wizard. 

Hix. 

Ocelotl,    Wild  cat    or 

Tziquin,  Bird. 

Men.  Builder  (  ?). 

Tzibin. 

tiger. 

Ahmak,  Otol. 

Quib,  Gum  or  wax. 

Chabin. 

Quauhtli,  Eagle. 

Noli,  Temperature. 

Caban. 

Chic. 

(Jozcaquauhtii,       Vul- 

Tihax, Obsidian. 

Edznab. 

Chinax. 

ture. 

Caok,  Rain. 

Caunc. 

Cahoph. 

Ollin,  Motion. 

Hunahpu,  Shooter  out 

A jau,  Chief. 

Aghual. 

Tecpatl,  flint. 

of  a  tube. 

Quiahuiil,  Rain. 

Xoehitl,  flower. 

For  the  interpretation,  as  above  attempted,  I  have  consulted  the  following  very 
limited  number  of  authors :  —  Brasseur  de  Bourbourg  ("■Relation  des  choses  de  Yuc 
atan,  etc.'"  "  Popol-  Vuh,"  "  Grammaire  Quiche,"  "  Ruines  de  Palenque,")  H.  H.  Bancroft, 
(Vol.  II  and  III).  Orozco  y  Berra,  ("  Geografia  de  las  Lenguas,")  and  other  sources. 
Mr.  Bancroft  translates  the  QQuiche  "akbal"  by  chaos.  I  would  suggest  "  household," 
basing  upon  the  following  note  of  Mr.  Brasseur:  ("  Chronologia  antigua  de  Yucatan, 
etc.,"  por  Don  Juan  Pio  Perez  in  "  Choses  de  Yucatan,"  p.  375).  "Akbal,  mot  vielli  qu' 
on  retrouve  dans  la  langue  Quiche  avec  le  sens  de  niarmite,  vase,  pent  etre  le  meme  que 
le  mot  con  ou  comitl  des  Mexicains."  Sr.  Perez  says  about  the  word:  •' desconocido  : 
tambien  se  halla  entre  los  dias  chiapanecas,escrito  Aghual,"  (p.  374).  In  this  the  learned 
Yucatan  is  mistaken,  for  Aghual  corresponds  to  the  Maya  and  QQuiche  '•Ajau"  ov 
"  Ahau."  Now  the  pot  or  rather  kettle,  was  distinctly  connected  with  the  housewife, 
and  the  word  "Akbal"  being,  as  the  Abbe  tells  us,  out  of  use,  the  suggestion  that  it 
may  have  been  used  to  indicate  something  like  the  Mexican  "Calli"  — house,— is  at 
least  permitted. 

I  have  deliberately  translated  "  Kan  "  by  snake,  instead  of  by  "  cord  of  hennequen  " 
as  Pio-Perez  has  it  (p.  372).    Compare  note  1  by  the  Abbe. 

Manik  is  interpreted  by  Pio-Perez  as  follows  :  "  es  perdida  su  verdadera  acepcion  ; 
pero  si  se  divide  la  espresion  man-ik  viento  que  pasa.  quiza  se  entenderia  lo  que  fue." 
If  this  is  accepted,  then  the  signification  might  be:  "fleetness,"  •'  swiftness,"  or  "rap- 
idity,"— some  of  the  attributes  of  the  deer,  which  is  the  corresponding  sign  in  both  the 
Mexican  and  QQuiche. 

Chuen,  for  the  reasons  indicated  by  Brasseur  (note  3,  p.  372  of  "  Chronologia,  etc.,") 
should  be  "  monkey,"  as  well  as  in  the  three  other  idioms. 

In  regard  to  "Gix"  Sr.  Orozco  y  Berra  (Part  II,  V,  p.  103),  copies  the  three  inter- 
pretations of  Don  Pio-Perez,  one  of  which  amounts  to  "the  act  of  plundering  or  rob- 


574 

or  "  Nahuatl"  language  in  Mexico,  we  gather  the  information  that 
they  started  off  in  bands  constituting  "lineages  "  or  kins.     This 

bing  a  tree."  Might  there  be  any  vague  connection  between  this  and  the  Mexican 
"  Ocelotl "  or  beast  of  prey  ? 

The  word  "Cauac"  is  mentioned  as  "desconocido  "  or  disused.  Still  the  analogy  in 
sound  with  the  QQuiche  "Caok"  vain,  is  striking,  as  well  as  with  the  Tzendal 
"Cahogh"  and  finally  also  with  the  Mexican  "  Quiahuitl." 

In  regard  to  the  calendar  of  Chiapas,  I  regret  to  say  that  the  material  at  my  com- 
mand is  by  far  too  limited  to  venture  much  of  an  interpretation.  Not  one  of  the  few 
Tzendal  vocabularies  or  Grammars  yet  existing  is  within  my  reach.  Still  I  must 
note  here:  "Chan"  in  Tzendal  signifies  Snake,  therefore  my  translation  of  "  Chanan." 
lirasseur  de  Bourbourg  ("  liecherches  sur  les  Jiuines  de  Palenque,"  Cap.  II,  p.  32,  notes  4 
and  5). 

"  Abah"  probably  Stone  ("  Palenque,"  p.  65,  note  5). 

"Batz  "  as  monkey,  is  identified  with  the  three  other  signs  of  the  same  day  by  Bras- 
seur  (•'  Popol-  Vuh,"  Introd.  p.  CXXXV,  note  5,  Part  II,  cap.  I,  p.  69,  note  4). 

Furthermore,  the  signs  Imox,  Igh,  Hix,  and  Cahogh  are,  in  sound  at  least,  analo- 
gous, if  not  identical,  with  the  corresponding  signs  of  the  QQuiche  and  Maya  calen- 
dars, and  the  signs  Lambat,  Molo,  Been,  and  Aghual,  are  nearly  alike  to  those  of 
the  same  days  of  the  Maya  alone,  whereas,  Tzibin  reminds  of  the  Tziquin  in  QQuiche. 

Taking  now  the  Mexican  calendar  as  a  basis,  we  cannot  fail  to  notice: 

(1).    That  fifteen  ot  its  signs  are  identical  with  those  of  the  QQuiehe\ 

(2;.  Three  are  absolutely  identical  with  signs  of  the  Maya,  and  five  more  are 
presumably  identical  also. 

(3).    Two  are  identical  with  signs  of  the  Tzendal,  and  two  more  presumably  so. 

Therefore  our  assumption  appears  justified,  that: — 

(1).    The  Mexican  and  QQuiche  names  of  the  days  have  a  common  origin. 

(2).  That  the  same  is  likely  in  regard  to  the  Maya,  since  the  Maya  and  QQuiche  are 
regarded  as  belonging,  linguistically,  to  the  same  stock. 

(3).  That  a  presumption  in  favor  of  a  similar  relation  towards  the  Tzendal  of 
Chiapas  may  be  admitted  since,  besides  the  four  signs  recognized  as  common  to  both 
calendars,  there  are  at  least  eight  more  which,  in  sound,  are  identical  with  others  of 
the  Maya  and  QQuiche. 

I  feel  authorized,  consequently,  to  conclude:— 

(1).  That  the  names  of  the  days  given  by  the  four  linguistical  clusters  above  stated, 
were  probably,  originally  identical. 

(2).    That  these  names,  therefore,  had  a  common  origin. 

This  origin  is  stated  as  follows  :— 

Mendieta  (Lib.  IV,  cap.  XLI,  p.  537),  "and  these  Indians  affirmed,  that  in  ancient 
times  there  came  to  this  land  twenty  men,  and  the  chief  of  them  was  called  Cacalcan. 
....  This  writes  the  bishop  of  Chiapas.  .  .  ."  This  bishop  of  Chiapas  was  Fray 
Bartolome  de  Las  Casas,  who,  in  the  MSS.,  "  Historia  apologetica  de  Indias"  (Vol.  Ill, 
cap.  124),  appears  to  be  more  detailed.  I  quote  Las  Casas  from  Brasseur  and  from 
H.  H.  Bancroft,  (Vol.  3,  p.  465),  where  he  says  (Cap.  123),— the  MS.  .tself  not  being 
accessible  to  me.  Now  it  is  commonly  admitted,  and  this  admission  (whether  correct 
or  not)  is  so  general,  that  no  quotations  are  needed  in  evidence,  that  Cuculcan  or 
Cocolcan  is  identical  with  the  Mexican  Quetzalcohuatl.  To  Quetzalcohuatl,  however, 
is  attributed  the  formation  of  the  Mexican  Calendar.  (Torquemada,  Lib.  VI,  cap. 
XXIV,  p.  52.    Mendieta,  Lib.  II,  cap.  XIV,  pp.  97,  98.) 

In  regard  to  the  origin  of  the  Tzendal  Calendar,  the  tradition  is  very  clear. 
Boturini  ("  Idea,  etc.,"  §  XVI,  pp.  115  to  121).  Quoting  Nunez  de  la  Vega  (32,  §  XXVIH 
of  the  "  Constitucion  Diocesana")  "  y  prosigue  el  Prelado  diciendo,  que  al  que  llama- 
ban  Cosldhuntox  {que  es  el  Demonio,  segun  los  Jndios  dicen,  con  trece  potestades)  le  tienen 
pintado  en  Silla,  y  con  hastas  en  la  cabeza  como  de  carnero,  quando  dicho  Coslahiintox 
se  ha  de  corregir  en  Ymos,  6  Mox,  y  no  esta  puesto  en  el  Kalendario  por  Demonio, 


575 

was  the  case  with  the  so-called  "  Toltecs,"  30  and  with  all  their 
successors,  such  as  the  "  Tezcucans,"  "  Tecpanecans,"  and  others, 
including  the  ancient  Mexicans.31 

sino  por  cabeza  de  los  veinte  Senores,  Symbolos  de  los  dias  do  el  Ano,  y  assi  viene  S. 
ser  el  primer  Symbolo  de  ellos."  (See  also  Idem,  pp.  118,  119,  quoting  Nunez  de  la 
Vega,  33,  34,  and  35).  '•  concuerda  el  Systema  de  los  Kalendarios  de  Chiappa,  y  Soco- 

niisco  con  el  Tulteco pues  en  lugar  de  los  quatro  Caracteres  Tecpatl,  Calli, 

Tochtli,  Acatl,  se  sirveti  los  de  Chiappa  de  quatro  Piguras  de  Senores,  Votan,  Lambat, 
Been,  y  Cliiuax,  etc.,  etc." 

Clavigero  (Lib.  II,  cap.  XII,  p.  164).  "The  Chiapanecs,  if  we  can  place  any  reli- 
ance upon  their  traditions,  were  the  first  settlers  of  the  New  World.  They  claim  that 
Votan,  the  grandson  of  the  venerable  old  man  who  built  the  great  ark  in  order  to  save 
himself  and  his  lamily  during  the  deluge,  and  who  was  one  of  those  who  erected  the 
high  building  that  reached  into  the  clouds,  set  out  by  special  command  of  God,  to 
people  the  country."  Adopted  and  quoted  also  by  Sefior  Don  Francisco  Pimentel, 
("  Cuadro  Descriptico  y  Comparative)  de  las  Lenguas  Indigenas  de  Mexico,"  181 5,  Vol.  II, 

p.  232.)    Clavigero  (Lib.  VI,  cap.  XXIX,  p.  412.  Vol.  I)    "The  Chiapanecs 

instead  of  the  figures  and  names  of  the  rabbit,  cane,  flint,  and  house,  used  the  names 
Votan.  Lambat,  Been,  and  Cliinax,  and  instead  of  the  Mexican  names  of  the  days,  they 
adopted  those  of  twenty  celebrated  men  of  their  ancestry,  among  which  the  four 
names  above  mentioned  took  the  same  place  as  among  the  Mexicans  the  Rabbit  and 
the  others."  Compare  also,  in  the  appendix  to  the  same  volume,  p.  G33,  the  "  Letter  of 
the  Abbe  Don  Lorenzo  Hervas,"  Cesena,  31  July,  1780.  Clavigero  (Vol.  II,  "Disserta- 
tions, etc.,"  Cap.  II,  p.  281).  After  recalling  the  tradition  of  Votan,  quoting  from 
Nunez  de  la  Vega,  he  adds  in  note  b,  "  Votan  is  the  name  of  the  leader  of  the  20 
celebrated  men,  after  which  the  20  d;iys  of  the  month  of  the  Chiapanecs  are  named." 

These  statements,  which  rest  upon  the  writings  of  Nunez  de  la  Vega  and  of 
Ordonnez  y  Aguiar,  are  adopted,  among  later  writers,  by  : — 

Brasseur  de  Fiourbourg  ("  Popol-  ruh,"  Introduction,  §  V,  p.  LXXII.  "  Chronologia," 
in  "  Relation  des  choses  du  Yucatan,"  p.  374,  note  4). 

The  identity  of  the  twenty  days  of  the  Chiapanecan  months  with  the  names  of 
twenty  leaders  of  as  many  kins,  is  very  likely,  therefore;  and  since  we  have  found  the 
close  resemblance  of  the  Chiapanecan  Calendar  with  that  of  the  Yucatecan  Maya,  it  is 
not  unreasonable  to  suggest:  that  the  names  of  the  Maya  days  originally  denoted  the 
same  twenty  kins  also.  If  such  is  the  case  (as  the  tale  of  Cuculcan  and  of  his  nineteen 
followers  also  seems  to  indicate),  then  the  twenty  signs  of  the  QQuiche  have  a  similar 
origin  and  finally,  the  actual  identity  of  the  QQuiche  Calendar  with  the  Mexican  or 
Nahuatl  proper  leads  to  the  inference  that  the  twenty  names  of  days  of  the  Tzendal, 
Maya,  and  Nahuatl  groups  of  sedentary  Indians  in  Mexico  and  Central  America,  indi 
cate  a  common  origin  of  these  three  clusters,  from  txoenty  kins  or  clans,  or  gentes,  at  a 
remote  period. 

Within  these  twenty  kins  there  appear  four  more  prominent  than  the  other.  This 
again  may  indicate  a  still  older  derivation  from  four,  out  of  which  the  remaining 
sixteen  sprang  through  segmentation.  How  such  segmentation  may  occur  is  plainly 
stated  in  the  "  I'opol-Vuh"  and  has  been  fully  referred  to  by  me  in  "  Tenure  of  Lands" 
(p.  391,  392,  note  7),  to  which,  in  addition  to  the  Indian  authority,  and  to  Mr.  Morgan's 
" Ancient  Society"  (Part  II.  Chapter  IV),  I  beg  leave  to  direct  the  "  cuiious  reader."  In 
regard  to  the  actually  prevailing  division  of  Indian  settlements  into  four  quarters,  it  is 
asserted  by  Brasseur  de  Bourbourg  (•'  Popol-  Vuh,"  Introduction,  p.  117),  "Eniin, 
presque  toutes  les  villes  ou  tribus  sont  partagees  en  quatre  clans  ou  quartiers,  dont  les 
chefs  forment  le  grand  conseil." 

I  give  the  above  as  mere  suggestions,  begging  for  their  acceptance  in  a  kindly  way, 
since  they  are  not  intended  to  be  thrust  upon  the  reader  as  "results."  But  I  cannot 
resist  the  temptation  to  submit  some  remarks  here,  on  other  peculiarities  exhibited 


576 

About  the  middle  of  the  thirteenth  century  the  Mexicans 
while   on    a   migration    towards    more    southern   regions,   made 

by  the  so-called  calendars  just  named,  which  peculiarities  may  throw  some  light  on 
the  questions  raised,  as  to  whether  they  originally  denoted  kins  or  not. 

With  a  single  exception  (Cipactli).  the  Mexican  and  allied  calendars  contained  the 
name  of  not  one  object,  or  phenomenon,  which  might  not  be  met  with  somewhere  over 
the  wide  area  which  the  three  linguistical  stocks  occupied  at  the  time  of  the  Conquest. 
Still,  as  Sr.  Orozco  y  Berra  strikingly  proves  ("  Ge'ografia  de  las  Lenguas,"  Parte  Ila, 
Cap.  V,  p,  107),  the  Mexican  month  contains  the  names  of  animals  unknown  to  the 
ultimate  home  of  the  tribe  as  well  as  to  more  northern  regions.  Thus  the  monkey 
("Ozomatli")  is  not  found  on  the  high  central  tableland.  In  regard  to  the  sign 
Cipactli,  I  shall  elsewhere  refer  to  this  sign,  which  may  perhaps  denote  a  '*  cuttle-fish  " 
of  monstrous  dimensions. 

Supposing  now  (since  we  have  no  proof  yet  to  the  contrary),  that  this  "marine 
monster"  was  also  an  inhabitant  of  tropical  seas,  it  must  strike  us  that  the  twenty 
signs  for  the  days  of  the  aboriginal  calendars  under  consideration 

(1).  Represent  types  and  phenomena  which  are  met  with,  not  exclusively,  but  still 
oil,  within  the  area  of  Mexico  and  Central  America. 

(2).    That  some  of  the  animal  types  are  limited  to  tropical  and  low  regions  only. 

(3).  That  none  of  the  animals  belong  exclusively  to  the  temperate  zone  of  North 
America. 

Consequently,  that  these  signs  are  of  a  meridional  origin,  and  even,  taking  into 
account  that  the  monkey  is  not  found  in  the  valley  of  Mexico,  that  they  originated  to 
the  south  of  it.  Still,  the  four  "  Leaders,"  as  I  have  called  them  (the  first  signs  of 
each  "week"  of  five  days),  namely:  Rabbit,  cane,  flint,  and  house, —  might  as  well 
have  been  selected  at  the  north. 

It  is  a  fact  abundantly  proven,  that  the  kins  or  gentes  composing  the  tribes  of  North 
America  are  named  after  a  principle  identical  with  that  found  in  the  naming  of  the 
days  among  the  aborigines  of  more  southerly  latitudes,  namely :  after  objects  and 
natural  phenomena.  Mr.  Morgan  has  given  the  names  of  the  gentes  of  at  least  thirty 
tribes,  consisting  in  all  of  two  hundred  and  ninety -six  gentes.  Of  these  two  hundred 
and  ninety-six  names,  ninety-eight  are  signs  of  the  Mexican  days,  repeatedly  found  in 
the  different  tribes.    These  signs  are  as  follows : — 

Itzcuintli.  Dog,  mostly  found,  however,  as  wolf. 22  times. 

Quaulitli,  Eagle 12     " 

Cozcaquauhtli,  Hawk  (although  it  is  the  "  ringed  vulture  ") 8     " 

Mazall.  Deer.  Elk,  Caribou.  Antelope 20     " 

Cohuatl,  Snake !>     " 

Atl,  Water  (also  as  "Ice,"  "Sea,"  etc.) 4     " 

Miquiztli,  Skull  (as  "Head") 1    time. 

Oil  in  (as  "  many  seasons  "  and  "  Sun  ") 2  times. 

Calli,  House  (as  "  high  village"  and  "lodge") 3     •' 

Tecpatl.  Flint  (as  "knife") 2     " 

Ocelotl,  Tiger  (also  as  ••panther"  and  "  wildcat") 5     " 

Ehecatl,  Wind 1    time. 

Acatl,  Cane  (also  as  "Indian  corn") 3  times. 

Tochtli,  Rabbit  (also  as  •'  hare") 3     " 

Cuetzpalin,  Lizard  ("frog") 1    time. 

Xoclntl.  Flower  (as  "Tobacco") , 1      " 

Quiahuitl,  Rain 1      " 

I  beg  to  observe,  that  if  I  have  added  "Cozcaquauhtli  "  to  this  list,  supposing  it  to 
be  the  equivalent  of  "  Hawk,"  this  is  a  mere  suggestion,  and  not  an  affirmation  on  my 
part. 

Thus  sixteen,  if  not  seventeen,  of  the  twenty  signs  of  days  of  the  Mexican  month, 
are  found  in  North  America  as  "  totems  "probably  of  aboriginal  clans  or  kins. 

It  is  further  interesting  to  note,  that  of  the  nine  clans  composing  the  Moqui  tribes 
of  Arizona,  the  names  of  seven  correspond  to  signs  of  Mexican  days,  (-'Ancient 
Society,"  Part  II,  p.  179).  What  little  is  known  of  the  Laguna  Indians  foreshadows  a 
similar  result  (p.  180),  thus  permitting  the  query,  whether  the  pueblo  Indians  of  the 


577 

their  first  appearance  in  the  northern  sections  of  the  former 
republic  of  Mexico,  as  a  cluster  of  seven  kins,  united  by  the 
bond  of  common  language  and  worship.32  The  names  of  these 
seven  kins  are  distinctly  stated  and  it  is  not  devoid  of  in- 
terest to  notice  that  some  of  these  names  were  perpetuated  as 
late  as  1690  among  the  numerous  "Indian  wards"  of  the  pres- 
ent  City  of  Mexico.33     We  may  as  well   add    here,   that   these 

central  west  might  not  perhaps  show  a  closer  connection  yet  between  the  very  ancient 
Mexican  kins  as  denoted  by  their  days,  and  the  gentes  composing  their  own  tiibes. 

After  these  speculations,  which  I  submit  lor  what  they  may  be  worth,  and  with  the 
distinct  reserve  that  I  do  not  attach  any  value  to  them  save  as  hints  and  queries 
for  further  investigation,  I  beg  leave  to  state,  that  in  my  fourth  paper  "  On  the  Creed 
and  Belief  of  the  Ancient  Mexicans,"  I  intend  to  discuss  all  these  points  with  more 
thoroughness,  and,  I  hope,  with  the  aid  of  more  suitable  material  than  that  now  at  my 
command. 

30  Ixtlilxochitl  ( '"  Relatione*  historicas"  "  Segunda  Rtlacion,"  Kingsbovough,  Vol.  IX, 
p.  323)  "y  casi  el  ultimo  de  estos  aiios  se  juntaron  dos  cabezas  principales  y  los  otros 
cinco  inferiores  3.  tratar  si  se  quedarian  en  esta  tierra  6  si  pasarian  mas  adelante.*' 
Also  "  Noticias  de  los  Pobladores  y  Nationes  de  esta  Parte  de  America  llamada  Nueva- 
Espana"  f"  Tercera  Relation  de  los  Tultecas,"  King^borough,  IX,  p..  393),  "  Estos  siete 

caudillos con  todas  bus  gentes  vinieron  desoubriendo  y  poblando  por  todas  las 

partes  que  llegaban."  (''  Histoire  des  Chichi  m&ques,"  Cap.  I,  p.  13),  "lis  avaient  sept 
chefs,  et  choisissaient  alternativement  un  d'entr'eux  pour  les  gouverner."  In  addition, 
to  authorities  quoted  on  the  Toltecs  in  "  Tenure  of  Lands"  (p.  388.  note  7,  to  p.  392).  I 
refer  to  Vetancurt  ("  Teatro  Mexicano,"  Vol  I,  Part  II,  Trat.  I.  Cap.  IV,  p.  234). 
Granados  y  Galvez  (2«  Tarde,  p.  31). 

31  "  Tardes  Americanas"  (p.  31),  "  bien  es  que  los  mapas  de  estos  no  nos  pintan 
tierras,   sino  familias:    y  como  estos  vaguearon   sin  fixeza  alguna    por  tan  varios 

rumbos "It  is  superfluous  to  quote  authorities  in  full.  I  but  refer  to  "  Histoire 

des  ChichimSques"  (Cap.  V,  pp,  38,  39;  X,  p.  70).  Sahagun  (Lib.  X,  cap.  XXIX).  The 
whole  chapter  is  very  important.      Durdn  (Cap.  II,  pp.  10,  11, 12,  13,  14,  15,  16,  III;  pp. 

19,  20,  21,  and  plates  I,  to  Trat.  1°,  also  pi.  I,  to  Trat.  11°).  Acosta  (Lib.  VII,  cap.  II, 
p.  454.  and  cap.  Ill  entire).  Mendieta  (Lib.  II,  cap.  XXXIV,  p.  147).  Torquemada 
(Lib.  I,  cap.  XXIII,  p.  51 ;  cap.  XXVI,  p.  54;  Lib.  II,  cap.  I,  p.  78,  etc.).  Garcia  ("  Origen, 
etc.,"  Lib.  Ill,  cap.  I,  p.  81;  Lib.  V,  cap.  Ill,  p.  321).  Herrera  (Dec.  Ill,  Lib.  II.  cap. 
X,  pp.  59,  60).  Veytia  (Lib.  II,  cap.  VI,  p.  39  of  2d  Vol.).  Vetancurt  (Vol.  I,  "  Teatro," 
Parte  II,  Trat.  I,  cap.  IX,  pp.  254,  255).  Clavigero  (Lib.  II,  cap.  IV,  pp.  146,  147),  and 
others. 

32  The  number  seven  (7)  is  almost  generally  accepted.  Compare  "  Tenure  of  Lands  " 
(p.  399,  and  note  21).  Besides  the  authors  there  mentioned  as  accepting  seven  kins,  I 
refer  to  Dr.  Ad.  Iiastian  ("  Die  Culturlnender  des  Alten  Amerikd,"  Vol.  II,  p.  460,  note 
2).     Cabrera  (in  Minutoli's  Palenque,  p.  77.    Rather  confused). 

33 1  have  gathered  these  names  out  of  the  following  sources:  Durdn  (Cap.  Ill,  pp. 

20,  21),  Tezozomoc  (Cap.  I,  p.  6,  Kingsborough,  Vol.  IX),  Veytia  (Lib.  II,  cap.  XII,  p. 
91  of  2d  Vol.).    They  are  stated  as  follows  :  — 


By  Durdn.  By  Tezozomoc.  By  Veytia. 


Yopica. 

Yapica. 

Yopica. 

Tlacochcalca. 

Tlacochcalca. 

Tlacochcalca. 

Vitznagoa. 

Huitznahuac. 

Huitznahuac. 

Cuatecpan. 

Cihuatecpaneca. 

Cihuatecpaneca. 

Chalmeea. 

Chalmeea. 

Chalmeea. 

Tlacatecpaneca. 

Tlacatecpaneca. 

Tlacatecpaneca. 

Yzquiteca. 

Yzquiteca. 

ltzcuintecatl. 

578 

Indian  wards,  their  peculiar  organization,  and  their  communal 
lands,  disappeared  only  after  the  secession  of  Mexico  from  Spain, 
not  more  than  fifty  years  ago.34 

There  is,  however,  a  fundamental  difference  between  Duran  on  one  hand,  and  Veytia 
and  Tezozomoc  on  the  other,  inasmuch  as  the  former  says  that  these  seven  names 
were  those  of  the  tutelar  deities  of  the  seven  kins  ("barrios"),  whereas  the  latter  two 
give  them  as  the  names  of  these  kins  themselves.  The  seven  tutelar  deities  are  also 
named  by  them,  and  called  as  follows :  "  Quetzalcohuatl,  Tlazolteotl.  Macuilxochiquet- 
zalli,  Chichilticcenteotl,  Piltzinteuhtli,  Tezcatlipuca,  and  Mictlanteuhtli "  (Veytia,  as 
above  quoted).  Tezozomoc  (p.  (i).  calls  these  gods:  "Quetzalcohuatl,  Oxomoco, 
Matlaxochiquetzal,  Chichilticzententl,  Piltzmtecutli,  Meteutl,  Tezcatlipuca,  Mictlante- 

cuhtli  y  Tlamacazqui,  y  otros    dioses    con    ellas "     A   discussion  of  these 

names  is  very  difficult,  and  its  results  appear  doubtful.  Still,  we  distinctly  recognize  : 
"Tlacochcalea,"  plural  of  "Tl.icochcalcatl."  therefore,  "men  of  the  house  of  darts." 
(See  "Art  of  War."  p.  121.  note  104).  "  Huitznahuac."  according  to  Molina  (\\a,  p. 
157),  "uitztic"  is  a  pointed  object,  "uitztli"  a  large  thorn,  but  "  uitztlan  "  is  the  south. 
"  Nahuac,"  in  this  instance,  probably  (or  rather  possibly),  signifies  "  among"  or  "  near 
to,"  thus  perhaps,  "people  from  the  south"  or  "from  near  the  thorns."  (Example: 
'•  Quauhnahuac  "—  "  por  de  los  arboles,"  Molina,  II,  p.  63.  Pimentel  "  Cuadro  descrip- 
tivo,  Vol.  I.  pp.  170,  etc.)  "  Cihuatccpaneca"  from  "Ciliuatl"  woman,  and  "tecpan" 
official  house.  "Tlacatecpaneca"  from  "Tlacatl"  man,  and  "tecpan."  Finally, 
"  Itzcuintecatl  "  seems  to  derive  from  "  Itzcuintli  "  Dog,  and  "  tecatl."  The  latter  again 
decomposes  into:  "nitla  tequi"  to  cut  {Molina,  II,  p.  105),  and  "tlacatl"  man,  there- 
fore the  whole  would  be  "  dogcutters."  '  Yzquitecatl "  gives  a  still  more  curious 
etymology,  which  is,  however,  so  improbable,  that  we  refrain  from  mentioning  it  even 

It  will  be  seen  at  a  glance  that  none  of  these  seven  kins  were  named  after  the 
Mexican  days,  the  last  one  alone  containing,  perhaps,  the  word  "Itzcuintli,"  but  even 
this  is  very  doubtful  yet.    I  shall  but  refer  here  to  a  singular  passage  in  Duran  (Cap. 

III,  p.  20).  "  Ya  nemos  dicho  como  traian  a  su  principal  dios,  sin  cuyo  mandado  no  se 
osaban  menear:  traian  empero  otros  siete  dioses,  que  a  contemplacion  de  los  siete 
cuevas  donde  auian  auitado  siete  congregaciones  de  gentes  6  siete  parcialidades,  los 
reverenciaban  con  mucha  grandeza." 

After  the  capture  of  Tenochtitlan  by  Cortes,  its  site  was  reserved  by  him  for  the 
erection  thereupon  of  the  Spanish  city,  whereas  the  site  of  Tlatilulco  became  the 
Indian  settlement  for  a  time,  or  rather  was  intended  for  that  purpose.     Cortes  {"Carta. 

IV,  pp.  110,  111,  Vedial).  Motolinia  (Trat.  Ill,  cap.  VII,  pp.  180,  181).  Oviedo  (Lib. 
XXXIII,  cap.  XLIX,  pp.  528,  530).  Juan  de  Torquemada  (Lib.  IV,  cap.  CII,  p.  572. 
Lib.  Ill,  cap.  XXVI,  p.  299).  Herrera  ("  Descripcion  de  las  Indias  Occi  lentales,"  Cap. 
IX,  p.  17.  "  Historian  Dec.  Ill,  lib.  IV,  cap.  VIII,  p.  122).  Vetancurt  ("  Cronica  de  la 
Provincia  del  Santo  Evangelio  de  Mexico"  4th  Part  of  the  "Teatro,"  pp.  124, 131,  132, 
212,  and  213). 

It  is  the  latter  author,  Vetancurt  ("  Cronica,"  pp.  131,  132.  212,  and  213),  who  gives 
us  the  names  and  numbers  of  the  Mexican  quarters.  "  barrios,"  or  localized  kins  who, 
under  the  form  of  "Indian  wards."  still  existed  in  1690.  I  assume  this  date  from  the 
fact  that  the  "  Licencia"  of  the  "  Comisario  general  de  Indias,"  is  dated  17  April,  1692, 
(p.  13,  Vol.  I,  "  Teatro").  Besides  mentioning  the  four  great  quarters  of  Mexico  (p. 
124),  of  which  we  shall  hereafter  speak,  he  says:  "  Los  barrios  son  veinte,  donde  estan 
once  ermitas  fabricadas  que  sirven  para  saeramentar  en  ellas  ii  los  que  no  tienen  casa, 
decente,  sirviendo  de  oratorios  del  barrio,  donde  en  las  fiestas  pai  ticulares  se  suelen 
decir  misas  rezadas.  y  en  algunas  fiestas  de  devocion  cuando  la  piden."  He  also  gives 
us  (pp.  212,  213)  information  about  Tlatelulco,— information  which  proves  that  the 
aborigines  settled  there  "  en  seis  parcialidades,  que  cada  cual  tiene  sus  barrios,  y 
veinte  ermitas  con  sus  titulares  que  celebran."    This  is  rather  obscure,  and  I  shall 

Repout  Pkabody  Muskum,  II.  37 


579 


While  the  seven  consanguine  clusters  above  mentioned  com- 
posed, to  all  intents  and  purposes,  one  tribe  as  towards  out- 
siders, there  still  appear  among  them  germs  of  discord  which, 
at  a  later  date,  caused  a  disruption  of  mutual  ties.  The  details 
are  too  vague  and  too  contradictory  to  allow  any  inference 
even  as  to  the  real  nature  of  such  dissensions.35  One  fact, 
however,  is  ascertained,  namely  :  that  the  whole  group  bore  in 
common  all  the  hardships  and  vicissitudes  of  a  wandering  life  and 
the  encroachments,  aggressions  and  temptations  from  outsiders  ; 
that  they  had  sheltered  together  in  a  safe  retreat,  and  that  only 
when  relative  safety  from  violence  was  secured,  a  permanent  di- 
vision took  place.     These  considerations   should   dispose  of  the 

therefore  give  the  names  of  the  Mexican  "barrios"  by  the  side  of  the  "ermitas"  of 
Tlatelulco,  leaving  the  reader  to  notice  coincidences  himself. 


"Barrios"  of  Mexico. 

Santo  Cristo  de  Tzapotla. 

Santa  Veronica  de  Huehiiecalco. 

Santa  Cruz  de  Tecpancaltitlan. 

San  Pedro  de  Cihuateocaltitlan. 

Espiritn  Santo  de  Yopico. 

San  Felipe  de  Jesus  de  Teocaltitlan. 

Santiago  de  Tlaxilpan. 

Los  Reyes  de  Tequicaltitlan. 

La  Cai  delaria  de  Atlampa. 

La  Ascension  de  Tlacacomoco. 

San  Diego  de  Amanalco. 

El  Nino  Jesus  de  Tepetitlan. 

El  Descendimiento  de  Atizapan. 

San  Salvador  de  Xihuitongo. 

La  Navidad  de  Tequixqiiipan. 

San  Salvador  de  Necaltitlan. 

La  Concepcion  de  Xoloco. 

San  Juan  de  Chichimecapan. 

San  Antonio  de  Tezcatzonoo. 

San  Sebastian  Copolco. 


"  Ermitas  "  of  Tlatelulco. 

Santa  Ana  Atenantitech. 

Santa  Lucia  Telpoehcaltitlan. 

La  Concepcion  de  Atenantitlan. 

San  Francisco  Mecantalinco. 

La  Asuncion  de  Apazhuacan. 

San  Martin  Atezcapan. 

Santa  Catalina  Cohuatlan. 

San  Pablo  Tolquechiucan. 

Nuestra  Senora  de  Belen  Tlaxoxiuhco. 

Los  Reyes  de  Capoltitlan. 

San  Simon  Iztatla. 

Santa  Ines  Hueipantonco. 

San  Francisco  Izcatla. 

Santa  Cruz  Azococolocan. 

Sau  Antonio  Tepiton. 

La  Asuncion  de  Tlayaealtitlan. 

San  Francisco  Cihuutecpan. 

San  Juan  Huitznahuac. 

Sa  Asuncion  de  Izayoc. 

Santa  Clara  Acozac. 


I  have  italicized  those  names  which  are  also  found  among  those  of  the  seven  original 
kins  above  enumerated,  and  thus  we  find  three  of  them,  one  in  Mexico,  and  two 
among  the  "  Ermitas"  of  Tlatelulco. 

34  Feman  Gonzalez  de  Eslava  (•'  Coloquios  espirituales  y  Sacramentales,  y  Poesias 
Sagradas,"  Second  Edition,  1877,  by  Sr.  Icazbalceta.)  The  learned  editor  makes  the 
following  note,  50,  to  page  57.  "  Cuando  se  reedifico  la  ciudad  de  Mexico,  despues  de  la 
conquista,  se  colocaron  en  el  Centro  las  casas  de  los  espaiioles,  y  los  Indios  levantaron 
las  suyas  alrededor  de  aquellas.  Esta  poblacion  india  se  dividio  en  cuatro  barrios  6 
parcialidades,  regidos  por  caciques  de  su  nacion,  sujetos  a  un  gobernador  de  la 
misma,  Los  barrios  principales  eian  San  Juan  y  Santiago."  Calling  my  attention  to 
this  note  in  his  letter  of  14  Nov.,  1878,  my  esteemed  friend  adds:  "Con  el  tiempo  se 
confundio  la  poblacion  y  desaparecieron  esos  barrios;  pero  aim  quedo  el  nombre  y  los 
bienes  que  poselan  las  'parcialidades'  los  cuales  desaparecieron  tambien  en  mi 
tiempo." 

se  The  dissensions  between  what  subsequently  became  the  Mexicans  and  the  Tlatel- 
ulcans  are  so  variously  described  by  the  authorities,  that  it  is  hardly  worth  while  to 
discuss  them. 


580 

assumption,  frequently  made,  that  the  Mexicans  were  divided 
into  two  distinct  clusters  at  the  outset. 

A  council  of  chiefs,  representing  the  seven  kins  meeting  on 
equal  terms,  composed  the  government  of  the  ancient  Mexicans  at 
that  period  of  their  history.  Among  these,  occasional  "old  men" 
of  particular  ability  loom  up  as  leading  advisers.  But  no  perma- 
nent general  office  of  an  executive  nature  is  mentioned  ;  although 
even  occasional  braves  acquired  historical  prominence  through 
their  deeds  of  valor  and  of  sagacit}^.36 

But,  while  the  organization  was  thus  amply  sufficient  for  the 
needs  of  a  straggling  band,  Indian  worship  or  "medicine"  (as 
the  native  term  implies)  represented,  inside  of  that  organization, 
the  lingering  remains  of  what  we  have  already  suggested  to  be 
the  oldest  aboriginal  clusters  of  society.  Corresponding  to  the 
four  original  kins  of  the  QQuiche,  to  the  four  leading  days  of  the 
calendar  with  the  traditions  attached  to  their  origin,  we  find 
among  the  ancient  Mexicans  at  that  period  four  chief  medicine 
men,  or  "  old  men,"  who  at  the  same  time  are  "  carriers  of  the 
God."37 

s6 "  Tenure  of  Lands"  (P.  398  and  399,  Notes  21  and  22).  In  addition  to  the  authorities 
quoted  there,  I  refer  to  :  Gomara("Conquistade  Me'jico'"  Vedia  I,  p. 431).  "y  dicen  queno 
trajeron  seiiores,  sino  capitanes."  (Idem  p.  433.  "  De  los  reyes  de  Mejico").  Motolinia 
("  Epistola  proemial,"  p.  5).  "  antique  se  sabe  que  estos  Mexicanos  fueron  los  post- 
reros,  y  que  no  tuvieron  seiiores  principales,  mas  de  que  se  gobernaron  por  capitanes." 
—Mendieta  (Lib.  II,  cap.  XXXI V,  p.  148).  "  Dicen  que  el  ejercito  mexicano  trajo  por  cau- 

dillos  6  capitanes  diez  principales  que  los  regian, Entre  estos  eligieron,  luego 

como  hicieron  su  asiento,  por  rey  y  principal  seiior  a  Tenuch."  Torquemada.  (Lib.  II, 
cap.  I,  p.  78;  cap.  XII,  pp.  94  and  95). 

The  fact  of  the  election  of  the  first  so-called  "  King"  of  the  ancient  Mexicans,  so 
generally  acknowledged  that  no  evidence  of  it  is  needed,  is  proof  enough  that,  previous 
to  it,  the  government  of  the  Mexicans  was  at  least,  not  monarchical.  The  words  of 
Torquemada.  (p.  94,  vol.  I.)  "  Dicese,  que  aviendo  pasado  veinte  y  siete  afios,  que  se 
governaban  en  comun,  los  unos,  y  los  otros,  les  tomo  gana  de  eligir  Rey,  .  .  .  ."  are 
plain  enough. 

Aside  from  the  "  leaders  "  (caudillos)  of  the  Kins  frequently  mentioned,  occasional 
war-chiefs  or  directing  braves  turn  up  during  this  period  of  their  wandering  existence. 
Thus,  a  chief  whom  they  called  "Mexi"  is  mentioned  by  Acosta  (Lib.  VII,  cap.  IV. 
p.  460),  Sahagun  (Lib.  X,  cap.  XXIX,  p.  138  and  139),  Hererra  (Dec.  Ill,  lib.  II,  cap. 
X,  p.  60);  and  another  very  famous  warrior,  "Humming  Bird."  (Huitzilihuitl)  led 
the  Mexicans  during  their  fray  with  the  valley-tribes  at  Chapultepec,  losing  his  life  in 
the  sally  by  which  they  broke  through  their  surrounding  enemies.  Duron  (Cap.  Ill,  p. 
27;  IV,  30).  Acosta  (Lib.  VII,  cap.  V,  p.  463).  Torquemada  (Lib.  II,  cap.  Ill,  p.  82;  IV, 
p.  84;  Lib.  HI,  cap.  XXII,  p.  289).  Vetancurt  (Parte  l\a,  Trat.  Jo,  cap.  IX,  p.  261;  cap. 
X,  p.  265  and  266).  Grauados  y  Galrez  (Tarde  Quinta,  p.  151).  Veytia  (Lib.  II,  cap. 
XII,  p.  97;  cap.  XIII,  p.  110;  cap.  XIV,  p.  116,  124;  cap.  XV.  p.  130  and  131).  He  affirms 
that  "  Humming  Bird"  was  the  first  "King  of  the  Mexicans,"  which,  however,  is  ex- 
pressly disproved  by  other  authors. 

37  Tezozomoc  ("Odnica"  cap.  I,  p.  6),  mentions  the  four  old  men  who  carried  the  so- 
called  Bister  of  Huitzilopochtli,  "  y  a  esto  dijo  Tlamacazqui  Huitzilopochtli  a  los  viejos 


581 

It  seems  to  indicate,  that  as  relics  of  four  very  ancient  kins,  a 
kind  of  superstitious  ("standing  over")  deference  was  paid  to 
them,  implying  a  voice  and  vote  in  the  councils  of  the  tribe.38 

que  la  solian  traer  cargada,  (que  se  llamavan  Quauhtlonquetzque,  y  Axoloa  el 
segundo,  y  el  tercero  llamado  Tlamacasqui  (Juauhcoatl,  y  el  cuarto  Ococaltzin").  (Cap. 
III.  p.  8),  at  Chapultepec  «*y  alii  les  hablo  Huitzilopochtli  a  los  sacerdotes,  que  son 
Dombrados  Teomamaques,  cargadores  del  dios,  que  eran  Cuauhtloquetzqui,  Axoloa, 
Tlamacazqui  y  Aococaltzin,  a  estos  cargadores  de  este  idolo,  llamados  sacerdotes,  les 
dijo."—  Durdn  (Cap.  Ill,  p.  21).    Llegados  a  aquel  lugar  de  Pazcuaro,  viendole  tan 

apacible  y  alegre,  consultaron  a  su  dios  los  sacerdotes  y  pidieronle : el  dios 

VitzilopocktU  respondio  a  sus  sacerdotes,  en  suefios  ..."  These  words  repeat  them- 
selves almost,  several  times  in  cap.  IV,  V,  and  VI.  Finally  he  is  very  positive,  (Cap. 
VI,  p.  4ii),  '-con  los  quatro  ayos  de  VitzilopocktU,  los  quales  le  vian  visiblemente  y  lo 
hablaban,  que  se  llamauan  Cuauhtloquetzqui,  el  segundo  Ococatl  el  tercero  Chachalaitl 
y  el  cuarto  Axoloua,  los  quales  eran  como  ayos,  padres,  am  par  o  y  reparo  de  aquella 
gente,"  Acosta  (Lib.  VII,  cap.  IV,  p.  459),  "Con  esto  salieron  lleuando  a  sn  ydolo 
metido  en  una  area  de  juncos,  la  qual  lleuavan  quatro  Sacerdotes  principales,  con 
quien  el  se  communicava,  y  dezia  en  secreto  los  successos  de  su  camino  auisandoles  lo 
que  les  auia  de  suceder,  dandoles  leyes,  y  ensefiandolos  ritos  y  ceremonias,  y  sacri- 
flcios.  No  se  mouian  un  punto  sin  parecer  y  mandato  deste  ydolo  "  Herrera  (Dec.  Ill, 
lib.  II,  cap.  X,  p.  60).  "  Llevaron  este  Idolo  en  una  Area  de  Juncia  en  hombi-os  de 
quatro  Sacerdotes,  los  quales  ensefiaban  los  Ritos,  i  Sacriticios,  i  daban  Leies,  i  sin  su 
parecer  no  se  movian  en  nada."  Besides  these  specifically  and  exclusively  Mexican 
sources,  to  which  others  will  be  added  hereafter,  the  fact  of  these  four  chief-medicine 
men  "tlamacazqui"  from  "  tlama"—  medicine-man.  (Molina  II,  p.  135),  is  proven  by 
authors  who  rather  incline  to  the  tezcucan  side.  Torquemada  (Lib.  II,  cap.  I,  p.  78), 
"y  or  den  6,  que  quatro  de  ellos,  fuesen  sus  ministros,  para  lo  qual,  fueron  nombradoa 
Quauhcohuatl,  Apanecatl,  Tezcacohuatl,  Chimalman,"  (Lib.  VI,  cap.  XXI,  p.  41,  but 
especially  Lib.  IX,  cap.  XIX,  p.  205).  "  De  los  primeros  Mexicanos,  que  vinieron  a  estas 
Tierras,  sabemos,  que  no  traxeron  Rci,  ni  otro  Caudillo  particular  (contra  los  que 
tienen,  6  aflrman  lo  contrario)  sino  que  venian  regidos  de  los  Sacerdotes,  y  ministros 
del  Demonio;  sobre  cuios  hombros  venia  la  Iniageu  del  Dios  Huitzilupuchtli,  y  a  loa 
consejos,  y  determinaoiones  de  estos  ministros  eran  obedecientes."  The  most  explicit 
of  all,  however,  is  again  Veytia  (Lib.  II,  cap.  XII,  p.  9:i).  At  the  death  of  Huitziton, 
"yaqui  fue  dondo  empezaron  las  embustes  de  los  viejos  y  sacerdotes  que  con  mas 
inmediacion  trataban  a  Huitziton;  porque,  6  concebido  ya  el  ambicioso  deseo  de  que- 
darse  con  el  mando  del  pueblo,  6  para  disminiurle  a  este  el  dolor  que  debia  causarle 
tan  gran  perdida,  .  .  .  ."  (p.  94).  "  Esto  es  el  origen  de  la  famosa  deidad  Huitzilo- 
puchtli,"  (p.  99),  here  Veytia  is  in  error  in  stating  that  Tezozomoc  reports  that  the  four 
priests  were  left  with  Mahnalxochitl  in  Malinalco.  This  author  mentions  them  again 
at  Chapultepec,  "  Cronira,"  (Cap.  Ill,  p.  8).  Further  on  (Cap.  XIII.  p.  102),  "  Yo  me 
persuado  a  que  es  distinto,  que  Ojelopan  y  sus  tres  companeros  fueron  los  cuatro 
Tlamacazquis  que  flngieron  el  embuste  del  rapto  de  Huitziton,"  (p.  109).  he  says  that 
the  "  old  priests  "  opposed  the  election  of  a  head- war-chief  ("  rey  ")  "  por  no  dejar  el 
mando."  (Also  Cap  XV,  p.  131.) 

It  results  from  these  statements,  that  the  four  "  Carriers  of  the  God"  indeed  exer- 
cised, or  at  least  claimed  some  governmental  power.  In  tribal  society  such  power  can 
only  come  through  some  km,  hence  the  four  "  medicine-men  "  represented  four  very  old 
clans  or  relationships,  whose  names  even  may  have  been  lost,  whereas  the  former 
power  "  stood  over,"  in  the  form  of  a  participation  of  "medicine"  or  worship  in  the 
tribal  business.  I  here  recall  the  important  utterance  of  Bolurini  ("  Idea,"  pp.  Ill  and 
112  of  §XVI),  "como  fue  costumbre  de  los  Indios  poner  muy  pocas  Figuras  en  los 
mapas,  baxo  de  cuya  sombra  se  hallan  numerosos  Pueblos,  y  gentes;  y  assi  dichos 
siete  Tultecos,  cuyos  nombres  reflere  el  mencionada  Don  Fernando,  se  entiende  haver 
sido  siete  principales  Cabezas  de  dilatados  Parentescos,  que  se  escondian  baxo  los 


582 

When  the  Mexicans,  thus  constituting  a  migratory  cluster  of 
kins,  reached  the  present  central  valley  of  Mexico,  they  found  it 
occupied  by  a  number  of  tribes  of  the  same  language  as  their 
own,  though  dialectically  varied.  The  arrival  of  the  new-comers 
was  to  those  who  had  already  settled,  a  matter  of  either  war  or 
of  adoption.  Adoption  became  very  difficult,  as  well  on  account 
of  the  number  of  the  immigrants  as  of  the  rivalry  between  already 
settled  tribes.  Therefore  the  Mexicans  were  tossed  to  and  fro, 
until  at  last  the  straggling  remnant  found  a  shelter  on  some  dry 
patches  protruding  from  the  marsh  along  which  the  other  tribes 
had  formed  their  settlements. 

This  settlement  occurred  about  196  years  previous  to  the  Span- 
ish conquest,  and  it  limits  therefore  the  time,  within  which  the 

nombres  de  sus  Conduetores."  What  the  unfortunate  Italian  Cavaliere  here  says  of  the 
Toltecs,  is  applicable  to  all  the  other  branches  of  the  Nahuatl  stock,  and  bears  also  on 
the  four  '-Carriers  of  the  God,"  under  discussion. 

Veytia  affirms  (Cap.  XIII,  p.  110.  lib.  II),  that  after  the  election  of  the  Huitzilihuitl 
mentioned  in  my  note  3(5,  the  god  Huitzilopochtli  "did  not  dare  to  claim  the  govern- 
ment of  the  people."  Is  this  an  indication  to  the  effect  that  the  four  "  priests  "  exer- 
cised a  military  command  ? 

Referring  to  note  29,  concerning  the  four  names  of  the  years  and  leading  days  in  the 
Mexican  and  Central  American  Calendars,  and  their  probable  connection  with  as  many 
very  ancient  kinships,  I  beg  leave  to  add  here  some  additional  data  in  regard  to  the 
singular  part  played  by  the  number  four,  in  Central  American  and  Mexican  mythology 
and  earliest  tradition.  In  note  27, 1  have  already  alluded  to  the  four  original  pairs,  as 
mentioned  by  the  "  Popol-  Vuh  "  as  well  as  by  Sahagun.  Previous  to  the  creation  of  the 
four  men,  the  "  Popol-  Vuh"  has  the  following  remarkable  passage:  ( Part  III,  cap.  I, 
pp.  195-197),  "  Iu  Paxil  and  in  Cayala,  as  this  place  is  called,  there  came  the  ears  of 
yellow  and  of  white  corn.  These  are  the  names  of  the  barbarians  (?  Chicop),  who 
went  after  subsistence:  the  fox  fTae),  the  wolf  (Utiii)  the  parrot  (Qel),  and  the  raven 
(Hoh),  four  barbarians  (  ?)  who  brought  them  the  news  of  the  ears  of  yellow  corn  and 
of  white  corn  which  grew  in  Paxil,  and  who  showed  them  the  road  to  Paxil."  "There 
they  found  at  last  the  nourishment  which  went  into  the  flesh  of  man  made,  of  man 
formed,  this  was  his  blood,  it  became  the  blood  of  man,  this  corn  which  went  into  him 
by  the  care  of  him  who  engenders  and  of  him  who  gives  being."  This  QQuiche  tale  of 
four  animals  or  "barbarians"  (the  latter  is  an  interpretation  of  Mr.  Brasseur,  since 
"chicop"  signifies  simply  a  beast)  carrying  the  material  out  of  which  man  was  made, 
also  finds  an  equivalent  in  Mexican  traditions,  as  reported  by  Sahayun  (Lib.  X,  cap. 
XXIX,  §12,  p.  140),  of  four  wise  men  who  remained  in  the  earthly  paradise  of  "Tamo- 
anchan"  inventing  there  "judicial  astrology,  and  the  art  of  interpreting  dreams. 
They  composed  the  account  of  the  days,  of  the  nights,  of  the  hours,  and  the  differ- 
ences of  time,  which  were  kept  while  the  chiefs  of  the  Toltecs,  of  the  Mexicans,  and  of 
the  Chichimecs  ruled  and  governed."  "Tamoanchan  "  as  paradise,  is  strictly  equiva- 
lent to  "Paxil  in  Cayala"  of  the  QQuiche.  The  tradition  of  the  four  "Tutul-Xiu" 
among  the  maya  of  Yucatan,  may  also  be  classed  among  these  tales.  "  Series  of 
Katunes,"  "  Epochs  of  Maya  History.'1''  "  This  is  the  Series  of  Katunes  in  Maya,"  ("Ae/o 
lai  u  Tzolan  Katunil  Ti  Mayab  ")  in  Mr.  Brasseur's  ("  Relation  des  choses  du  Yucatan  "J 
also  in  J.  L.  Stephens  ("  Travels  in  Yucatan,"  Vol.  II,  p.  405,  appendix.)  Also  Durdn 
(Cap.  XXVII,  pp.  222,  221). 

38  Tylor  {"Early  History  of  Mankind,"  Edition  of  1878,  p.  165),  "  Super-stitio"  or 
"Standing  Over,"  —  the  German  "Aberglaube"  in  the  sense  of  "what  has  remained." 


583 

organization  and  Institutions  of  the  ancient  Mexicans  must  have 
reached  their  ultimate  development,  to  less  than  two  centuries.39 

"In  the  midst  of  canes  of  reeds"  the  remains  of  the  Mexican 
tribe  found  their  future  home  upon  a  limited  expanse  of  sod, 
which  even  their  enemies  on  the  mainland  seemed  to  regard  but 
as  a  spot  fit  to  die  upon.40  Although  much  reduced  in  numbers, 
the  kins  themselves  remained  and  a  settlement  necessitated  at 
once  their  localization.  How  this  took  place,  can  best  be  told  in 
the  words  of  one  of  the  native  chroniclers,  the  Dominican  monk, 
Fray  Diego  Duran. 

"During  the  night  following,  after  the  Mexicans  had  finished 
to  improve  the  abode  of  their  god,  and  the  greatest  part  of  the 
lagune  being  filled  up  and  fit  for  to  build  thereon,  Vitzilopochtli 
spoke  unto  his  priest  or  keeper  and  said  to  him:  "Say  unto  the 
Mexican  community  that  the  chiefs,  each  with  their  relatives, 
friends  and  connections,  should  divide  themselves  in  four  princi- 
pal quarters,  with  the  house  which  you  have  built  for  my  resting 
place  in  the  middle,  and  that  each  kin  might  build  within  its 
quarter  as  best  it  liked."  These  quarters  are  those  remaining  in 
Mexico  to  this  day,  to  wit :  the  ward  of  San  Pablo,  that  of  San 
Juan,  of  Santa  Maria  la  Redonda  as  it  is  called,  and  the  ward  of 
San  Sebastian.'  After  the  Mexicans  had  divided  into  these  four 
places  their  god  sent  word  to  them  that  they  should  distribute 
among  themselves  their  gods,  and  that  each  quarter  should  name 
and  designate  particular  quarters  where  these  gods  should  be 
worshipped.  Thus  each  of  these  quarters  divided  into  many 
small  ones  according  to  the  number  of  idols  called  by  them 
Calpulteona,  which  is  to  say  god  of  the  quarter.  I  shall  not  re- 
call here  their  names  because  they  are  not  of  importance  to  his- 
toiy,  but  we  shall  know  that  these  quarters  are  like  unto  what  in 
Spain  they  call  a  collation  of  such  and  such  a  saint."41 

This  statement  we  do  not  hesitate  to  accept  as  expressing  gen- 

39  My  friend,  Prof.  Ph.  Valentini,  of  New  York,  has  in  hand  the  study  of  Central 
American  Chronology  proper,  as  well  as  Mexican.  In  his  latest  work  "  The  Mexi- 
can Calendar  stone"  (published  first  in  German  as  a  "Lecture,"  and  afterwards  in  No. 
71,  of  the  "Proceedings  of  the  American  Antiquarian  Society"),  he  lias  given  a  general 
idea  of  his  researches,  but  not  any  details  yet  about  their  results.  If,  therefore,  I  here 
admit  1325,  A.  D.  as  about  the  date  of  the  so-called  "foundation"  of  Tenuchtitlan- 
Mexico,  it  is  subject  to  correction  by  him. 

40  Duran  (Cap.  IV,  p,  32),  Herrera  (Dec.  Ill,  lib.  II,  cap.  XI,  p.  61). 

« "  Tenure  of  Lands  "  (p.  400,  note  29,  and  p.  402,  notes  32  and  33).  In  addition  to  the 
authorities  quoted,  I  refer  to  Herrera  (Dec.  Ill,  lib.  II,  cap.  XI,  p.  61),  and  Samue 
Purchas  ("  His  Pilgrimages,"  1625,  Part  III,  lib.  V,  cap.  IV,  p.  1005). 


584 

uine  aboriginal  traditions,  notwithstanding  the  attempt,  on  the 
part  of  Fray  Juan  de  Torquemada,  to  impugn  its  truthfulness  and 
consequently  its  validity,42  It  results  from  it  that  while  the  kins, 
which  for  the  first  time  in  Mexican  "history  are  distinctly  iden- 
tified here  with  the  "calpulli,"  are  settling,  "as  best  they  liked  ;" 
the  creation  of  four  geographical  divisions,  composed  each  of  a 
number  of  kins,  is  attributed  here  to  the  influence  of  worship  or, 
as  we  have  already  termed  it,  of  "medicine."  This  connects 
those,  who  subsequently  became  the  four  '"Indian  wards"  of 
Mexico,  with  the  four  "carriers  of  the  gods"  already  mentioned, 
and  this  perhaps  may  be  considered  a  reminiscence  of  the  four 
original  relationships.  Of  these  the  sections  mentioned  appear 
like  a  shell,  geographically  enclosing  a  number  of  settled  kins. 
The  supposition  is  not,  therefore,  devoid  of  interest  that  they 
may  have  represented  brotherhoods  of  kins,  for  purposes  of  wor- 
ship and  warfare.  If  now  we  substitute  for  kin  the  term  "gens" 
adopted  by  Mr.  Morgan,  those  brotherhoods  necessarily  appear  in 
the  light  of  as  many  "p/ira£rte.<?."43 

The  time  of  this  occurrence  seems  almost  to  coincide  with  a 
division  (already  indicated  as  in  progress)  of  the  original  Mexican 
band  into  two  sections.  It  now  culminated  in  the  secession  of  a 
part  of  the  tribe  and  its  settlement  apart  from  the  main  body, 
though  not  far  awa}-  from  it  and  within  the  lagune  also.  While 
the  "place  of  the  stone  and  prickly  pear"  (Tenuchtitlan)  remained, 
virtually,  ancient  Mexico,  the  seceding  group  founded  the  Pueblo 
of  Tlatilulco  as  an  independent  community  at  the  very  door  of 
the  former.  It  appears  as  its  rival  even  until  forty-eight  j-ears 
previous  to  the  Spanish  conquest.44 

42  "  Tenure  of  Lands"  (p.  402,  notes  32  and  33). 

*s Morgan  ("Ancient  Society,"  Part  II,  cap.  Ill,  p.  88)  "The  phratry  is  a  brother- 
hood, as  the  term  imports,  and  a  natural  growth  from  the  organization  into  gentes.  It 
is  an  organic  union  or  association  of  two  or  more  gentes  of  the  same  tribe,  for  certain 
common  objects.  These  gentes  were  usually  such  as  had  been  formed  by  the  segmen- 
tation of  an  original  gens."  If  we  recall  the  manner  in  which  the  four  "quarters"  or 
Mexico  first  appeared,  it  will  easily  be  seen  that  the  analogy  with  phratriea  is  indeed 
striking.  Compare,  ''Art  of  War"  (p.  101,  and  note  22,  and  pp.  120, 121,  and  notes  97.  99, 
100,  and  101),  In  "  Tenure  of  Lands"  (pp.  400  and  (401),  I  have  rather  favored  the  view 
that  these  four  were  "  calpulli  "  which  subsequently  segregated  into  minor  quarters  or 
"barrios."  I  now  correct  this,  having  become  convinced  that  the  so-called  minor 
quarters  already  existed  at  the  time  of  settlement  (compare  notes  37  and  41). 

**  Motolinia  (Trat.  Ill,  cap.  VII,  p.  180),  mentions  a  division  into  but  two  "  barrios  " 
in  course  of  time  through  increase  of  population.  "  Despues  andando  el  tiempo  y 
multiplicandose  el  pueblo  y  creciendo  la  vecindad,  hizdse  esta  ciudad  dos  barrios  6  dos 
ciudades,"  Ixtlilxochitl  ("  Hist,  des  Chichim."  Cap.  p.  72),  merely  states  they  were 


585 

It  is  much  to  be  regretted  that  our  information  on  this  point 
is  so  meagre  and  unsatisfactory,  as  not  to  enable  us  to  ascertain 
"whether  several  entire  kins  separated  from  the  rest  to  form  the 
new  tribe,  or  whether  fragments  of  kins  only  composed  the  se- 
cessionists. In  fact  even  the  cause  of  the  division  is  stated  in 
such  a  varied  and  contradictory  manner,  that  we  must  withhold 
any  expression  of  positive  views  on  the  subject. 

Without  losing  sight  altogether  of  the  tribe  of  Tlatilulco,  we 
still  must  devote  our  attention  chiefly  to  the  inhabitants  of  Te- 
nuchtitlan,  in  which  we  recognize  the  ancient  Mexicans  proper. 
The  number  of  kins  composing  the  latter  at  the  time  of  their 

divided  in  two  "  bands,"  without  saying  why  and  how  this  division  occurred.  Durdn 
(Cap.  V,  p.  43),  "Hecha  esta  division  y  puestos  ya  en  su  orden  y  concierto  de  barrios, 
algunos  de  los  viejos  y  ancianos,  entendiendo  merecian  mas  de  lo  que  les  daban  y  que 
no  se  les  hacia  aquella  honra  que  merecian,  se  amotinaron  y  determinaron  ir  a  buscar 
nuevo  asiento,  y  andando  por  entre  aquellos  carricales  y  espadafiales  allaron  una  al- 
barrada  pequeiia,  y  dando  noticia  della  a  sus  aliados  y  amigos  fueA-onse  a  hacer  alii  asi- 
ento, el  qual  lugar  se  llamaba  Xaltelulli  y  el  qual  lugar  agora  llamanios  Tlatilulco,  ques 
el  barrio  de  Santiago.  Los  viejos  y  principales  que  alii  se  pasauan  fueron  quatro;  el 
uno  dellos  se  llamaba  Atlaquauitl,  el  segundo  Huicto,  el  terccro  Opoehtli,  el  quarto 
Atlaeol.  Estos  quatro  senores  se  dividieron  y  apartaron  de  los  demas  y  se  fueron  a 
vivir  a  este  lugar  del  Tlatilulco,  y  segun  opinion  tenidos  por  hombres  inquietos  y  re- 
voltosos  y  de  malas  intencioues,  porque  desde  el  dia  que  alii  se  pasaron  nunca  tuvi- 
eron  paz  ni  se  Uevaron  bien  con  sus  hermanos  los  mexioanos;  la  qual  inquietud  a  ido 
de  mano  en  mano  hasta  el  dia  de  hoy,  pues  siempre  a  auido  y  ay  bandos  y  rancor  entre 
los  unos  y  los  otros."    Acosta  (Lib.  VII,  cap.  VIII,  p.  468),  aud  Herrera  (Dec.  Ill,  lib. 

II,  cap.  XII,  p.  62),  both  are  but  concise  repetitions  of  the  above.     Torquemada  (Lib. 

III,  cap.  XXIV,  pp.  294  and  205),  opposes  both  Acosta  and  Herrera,  as  well  as 
the  "  Codex  Ramirez,"  and  substitutes  a  story  about  voluntary  settlement  of  the  Tlati- 
lulca  on  a  sandy  patch  near  by,  but  apart  from  the  others,  in  consequence  of  the  old 
grudge  or  feud  already  mentioned.  There  is  but  little  difference  between  this  version 
and  the  preceding,  the  act  of  secession,  in  both,  being  voluntary.  One  singular  fact  is 
mentioned  by  Vetancurt  ( Part  II,  trat.  I,  cap,  XI,  p.  269),  namely:  that  the  Tlatilulca 
made  a  market-place  for  both  parties.  Otherwise  (p.  257),  he  concurs  with  Torquemada. 
Granados  y  Galvez  (Tarde  6a,  p.  174),  after  saying  that  both  "  eran  deudos  y  parientes 
unos  con  otros  "  adds  "  whether  this  division  proceeded  from  past  quarrels,  or  out  of 
the  incommoditics  which  they  suffered  among  canes  and  reeds;  it  is  certain  that  they 
divided  peaceably  .  .  ."  Veytia  (  Lib.  II,  cap.  XV,  pp.  135  and  142),  reporting  on  all  the  va- 
rious traditions  about  the  foundation  of  Tlatilulco,  comes  to  the  conclusion  that  the 
"nobles"  retired  to  Tlatilulco,  whereas  the  "common  people"  remained  at  Mexico. 
Clavigero  (Lib.  II,  cap.  XV,  p.  178),  agrees  with  Veytia  in  regard  to  the  real  import  of 
the  fables  told  concerning  the  ancient  feuds  among  the  migratory  band,  but  (Cap.  XVII, 
pp.  187  and  188),  he  accepts  the  version  that  these  old  dissensions  were  the  causes  of 
the  final  division. 

I  have  not  been  able,  yet,  to  find  whether  the  seceding  Tlatilulca  formed  one  kin,  or 
one  brotherhood  of  kins,  or  whether  they  were  discontented  fractions  of  kins  remov- 
ing. Had  Vetancurt  given  us  the  names  of  the  "  barrios  "  of  Tlatilulco,  we  might  pos- 
sibly infer  something  from  them.  As  it  is,  the  fact  of  the  four  "  principals  "  mentioned  by 
Dutan,  seems  lo  indicate  four  kins,  or  rather  (perhaps)  fractions  from  four  kins,  whom 
want  of  space  probably  caused  to  remove.  They  may  have  been  crowded  out,  aud 
in  course  of  time  the  feeling  of  jealousy  and  rivalry  sprung  up  of  which  the  authorities 
speak  both  freely  and  frequently.    See  Veytia  (Lib.  II,  cap.  XV,  p.  135). 


586 


settlement  is  not  stated,  but  while  some  sources  mention  twenty 
chiefs  as  composing  the  original  council  of  the  tribe,  others  speak 
of  but  ten  leaders.  This  might,  according  to  the  view  taken, 
indicate  in  both  instances  ten  kins,  or  twenty  in  the  former  and  ten  in 
the  latter.  At  any  rate  the  number  is  larger  than  that  originally 
composing  the  tribe,  thus  showing  that  the  segmentation  so  char- 
acteristic of  tribal  society  according  to  Mr  Morgan,  had  already 
begun.  Of  the  government  of  the  tribe  Clavigero  says  :  "  The 
whole  nation  was  under  a  senate  or  college  of  the  most  promi- 
nent men."45     No  mention  is  made  anywhere  of  a  head-war-chief 

«  Clavigero  (Lib.  HI,  cap.  I,  p.  190).  Torquemada  (Lib.  II,  cap.  XII,  p.  94.  Lib.  Ill, 
cap.  XXII,  pp.  289,  290,  and  291).    Durdn  (Cap.  VI,  p.  47). 

It  is  difficult  to  ascertain  the  actual  number  of  kins  composing  the  Mexican  tribe  at 
at  that  time.  The  number  of  chiefs  and  their  names  are  variously  stated.  Durdn 
(Cap.  VI,  p.  47),  mentions  six  chiefs  and  four  priests.  Mendieta  (Lib.  II,  cap.  XXXIV, 
p.  148),  mentions  ten  chiefs.  The  "  Codex  Mendosa  "  also  says  ten  chiefs  (Tab.  I.  Vol.  I, 
Kingsborough).  Clavigero  (Lib.  Ill,  cap.  I,  p,  190.  note  r),  mentions  twenty.  It  is  in- 
teresting to  compare  the  names,  also  those  of  the  twenty  leaders  of  Torquemada  (Lib. 
II,  cap,  III,  p.  83),  with  those  of  the  twenty  '■  barrios"  of  Vetancurt. 


Durdn. 

Mendieta. 

Torquemada. 

Clavigero. 

"Barrins"  of  Vet- 
ancurt. 

Acacitli, 

Acacitli, 

Acacitli, 

Acacitli, 

Tzapotla, 

Tenoch, 

Tenuch, 

Tenoca, 

Tenoch, 

Huehuecalco, 

Meci, 

Tecineutl, 

Nanacatzin, 

Nanacatzin, 

Tecpnncaltitlan, 

Ahuexotl, 

Auexotl, 

Ahuexotl, 

Ahuexotl, 

Cihuateocaltilan, 

Ocelopan, 

Ocelopan, 

Ocelopan. 

Ocelopan, 

Yopico, 

Teqacatetl, 

Quah  pan. 

Teqacatetl, 

Tezacatl, 

Teocaltitlan, 

Quauhtloquetzqui, 

Xomimitl, 

Xomimitl, 

Xomimitl, 

Tlaxilpan, 

Ococal, 

Xocoyal, 

Quentzin, 

Quentzin, 

Tequicaltitlan, 

Chachalaitl, 

Xiuhcaqui. 

Xiuhcac, 

Xiuhcac, 

Atlampa, 

Axoloua. 

Atototl. 

Axolohua, 

Axolohua, 

Tlacacomoco, 

Tlalala, 

Tlalala. 

Amanaloo, 

Tzontliyayauh, 

Tzontligagauti, 

Tepetitlnn, 

Ttizpan, 

Tochpan, 

Atizapan, 

Tetepan, 

Tetepan, 

Xilmitengo, 

Cozca, 

Cozcatl, 

Tequixqtiipan, 

Ahatl, 

Atzin, 

Mecaltitlan, 

Achitomecatl, 

Achitomecatl, 

Xoloco, 

Aeohuatl, 

Acohatl, 

Chiehimecapan, 

Munich, 

Mimich, 

Copolco, 

Tezca. 

Tezcatl. 

Tezcatzonco. 

I  have  italicized  such  names  as  are  alike.  We  see  that  of  the  ten  chiefs  named  by 
Duran  and  Mendieta,  six  are  also  named  by  the  two  other  authorities.  As  might  be 
expected,  there  is  hardly  any  concordance  between  these  names  of  chiefs  and  those  of 
the  Mexican  "barrios." 

If  it  were  known  to  us  whether,  in  this  case,  each  "  chief"  represented  a  kin  only, 
or  whether  Duran,  Tezozomoc,  and  Mendieta  alone  indicated  the  true  number,  we 
could  or  might,  of  course,  determine  the  number  of  the  calpulli.  That  the  chief  is 
used  to  denote  his  kinship  in  the  old  authors  is  distinctly  stated  by  Durdn  (Cap.  XXVII, 
p.  224).  This  chapter  relates  the  mission  of  sixty  "  wizards  "  ("  brnjos  "•"  hechiceros,") 
sent  by  the  chief  "  Montezuma  Ilhuicamina"  (the  first  "  stern  or  wrathy  chief"  of  that 
name),  to  an  old  woman  or  goddess  purported  to  be  "  Huitzilopochtli's  "  mother.  Ar- 
rived before  the  old  hag  (as  she  is  described),  she  inquires  of  them  for  her  6on  and  for 


587 

as  yet ;  this  peculiarly  military  office  was  not  yet  established  in 
permanence.  However,  there  are  indications  that  one  executive 
chieftain  for  tribal  affairs  may,  at  least  rudimentarily,  have  ex- 
isted namely  :  the  "  Snake-woman"  (cihnacohnatl).  But  the  attri- 
butes of  this  office  did  not  assign  to  it  any  marked  prominence.46 
The  position  of  the  Mexican  tribe,  about  the  middle  of  the 
fourteenth  century,  was  still  a  very  precarious  one.  With  barely 
sufficient  sod  to  dwell  upon,  blockaded,  so  to  say,  by  powerful 
tribes  along  the  lake  shore ;  with  the  independent  cluster  of 
Tlatilulco,  jealous  and  threatening,  within  an  arrow-shot  of  its 
homes,  it  was  forced  into  a  peculiar  attitude  of  military  defence. 
The  elements  for  a  warlike  organization  were  contained  in  the 
autonomous  kins,  which  were  grouped  into  the  still  larger  cluster 
of  the  brotherhood,  and  all  together  composing  the  tribe.  The 
leaders  were  found  in  the  officers  and  chiefs  of  the  kins.  But  the 
state  of  insecurity  then  prevailing  required  an  office  whose  in- 
cumbent should  be  in  constant  charge  of  the  military  affairs  of- 
the  tribe.  This  was  plainly  within  the  scope  of  tribal  society  ; 
such  functions  had  already  been  exercised  previously,  in  times  of 
particular  need.  Now,  under  the  pressure  of  circumstances,  and 
with  a  permanent  settlement,  permanence  of  the  charge  became  a 
necessity.47 

the  seven  chiefs  "  which  seven  went  for  leaders  of  each  quarter  "  (p.  222).  The  wizards 
reply  (among  other  things) :  •'  Great  and  powerful  Lady  (  ?)  we  have  neither  seen,  nor 
spoken  to,  the  chiefs  of  the  calpules:"  Judging  from  this,  the  original  number  of  them 
was  ten,  and  it  is  presumable  that  if  such  was  the  case  they  were  the  war-chiefs, 
whereas  the  others  were  more  properly  the  administrative  officers  analogous  to  the 
"sachems"  of  the  Iroquois.  (Compare  Morgan,  "  Ancient  Society."  Part  II,  cap.  II,  pp. 
71,  72,  and  73.  Cap.  IV,  p.  114.  Cap.  V,  pp.  121),  130,  etc.,  etc.,  to  148).  We  shall  have 
occasion  to  return  to  this  again  in  a  subsequent  note. 

413  The  office  of  "  Cihuacohuatl  "  is  very  old.  Ixtlilxochitl  ("  Relaciones"  "  Segunda 
Relacion,"  pp.  323  and  321),  after  speaking  of  the  seven  leaders  of  the  Toltecs,  men- 
tions ■' Ziulicoatl"  tambien  uno  de  Ids  cinco  capitanes  inferiores"  as  discoverer  of 
Jalisco.  Confirmed  (the  last  mention  excepted)  by  Torqwmada  (Lib.  I,  cap.  XIV,  p. 
37).  Veytia  (Lib.  I.  cap.  XXII,  p.  220).  The  "  Codex  Mendoza"  (Plate  II  in  Vol.  I  of 
Lord  Klngsborough),  represents  the  first  regular  head-war-chief  of  the  Mexicans, 
"  Handful  of  Reeds  "  ( Acamapichtli)  with  a  head  and  face  of  a  woman  and  snake  sur- 
mounting his  own  head  or  rather  the  forehead,  whereas  the  "  name  "  proper  stands,  as 
usual,  behind  the  occiput.  Tue  explanatory  note  thereto  (Vol.  VI,  p.  8),  says:  "  The 
first  figure  probably  denotes  that  Acamapichtli,  before  he  was  elected  king,  possessed 
the  title  of  Cihuacohuotl,  or  supreme  governor  of  the  Mexicans;  when  Mexico  after- 
wards became  a  Monarchy  this  title  was  retained." 

*7  Durdn  (Cap.  V,  pp.  43  and  44).  Acosta  (Lib.  Ill,  cap.  8,  p.  4C8).  Herrera  (Dec. 
III.  lib.  II,  cap.  XII,  p.  62).  Torquemada  (Lib.  II,  cap.  XIII,  p.  95).  •'  The  cause  of  his 
election  was  the  increase  in  numbers,  and  their  being  surrounded  by  enemies  who 
made  war  upon  them  and  damaged  them."  "  La  causa  de  sn  eleccion,  fue,  aver  cre- 
cido  en  numero,  y  estar  mui  rodeados  de  Enemigos,  que  les  hacian  guerra,  y  afligian." 

3* 


588 

Therefore,  near  the  eighth  decade  of  the  fourteenth  century, 
or  about  thirty  years  after  the  settlement  of  Mexico,  the  office 
of  "chief  of  men"  (Tiacatecuhtli)  appears  to  have  been  estab- 
lished.48 This  is  commonly  heralded  as  the  creation  of  monarchy, 
thus  abolishing  the  basis  of  organization,  or  tribal  society  itself. 
It  is  however  overlooked  that  only  an  office  was  created,  and  not 
a  hereditary  dignity  with  power  to  rule.49  Its  first  incumbent, 
"Handful  of  Reeds"  (Acamapichtli),  was  duly  elected,  and  so 
were  his  successors.50  We  have  already  seen  that  the  Mexican 
family  itself  was  so  imperfectly  constituted  as  to  preclude  the 
notion  of  a  dynasty,  and  it  was  therefore,  as  we  shall  further  estab- 
lish, to  the  "  kin  "  that  the  so-called  succession  or  rather  the  choice 
was  limited.51    We  do  not  know,  nor  would  it  be  safe  to  guess,  which 

Veytia  (Lib.  II,  cap.  XViri.  p.  159;  cap.  XXI,  pp.  18S  and  187).     Clavige.ro  (Lib.  Ill, 
cap.  I,  pp.  190  and  191).    It  was  a  military  measure. 

48  The  dates  are  variously  given.  Durdn  (Cap.  VI,  p.  53).  says  1364,  or  rather  he 
states  that  •'  Handful  of  Reeds  "  died  at  the  age  of  60,  and  that  his  death  occurred  1404. 
He  had  been  elected  when  20  years  old,  therefore  forty  years  previous  to  the  latter 
date,  or  in  1364,  A.  D.  Vetancurt  (Parte  lla,  trat.  I,  cap.  XI,  p.  270),  says  3d  of  May, 
1361,  or  1368.  According  to  Sahagun,  and  from  his  lists  of  Mexican  ''Kings"  (Lib. 
VIII,  cap.  I,  pp.  268-271),  it  would  be  about  1369,  but  (Lib.  VIII,  cap.  V,  p.  280),  he  says 
he  was  elected  in  1384.  Veytia  (quoting  also  Carlos  de  Siguenza),  says  (Lib.  II,  cap.  XXI, 
pp.  186  and  188),  1361.  Clavigero  (Lib.  Ill,  cap.  I,  p.  190.  Appendix  to  1st  Vol.,  p.  598. 
Vol.  II,  Sec'd  Dissertation,  Cap.  II,  p.  327),  says  1352.  Mendieta  (Lib.  II,  cap.  XXX IV, 
p.  148),  1375.  In  the  "  Heal  Ejecutoria  "  (Col.  ile  Doc,  Vol.  II,  p.  9),  a  date  1384  appears, 
but  this  date  is  of  douotful  origin.  The  '•  Codex  Telteriano-Iiemensis"  (Vol.  I,  Kingsb., 
Plate  I,  and  Explanation,  Vol.  VI,  p.  134),  says  in  the  year  11,  cane,  ('•  Acatl")  or  1399. 
H.  H.  Bancroft  (Vol.  V,  cap.  VI,  p.  358),  1350.  Prof,  Valentini  ("  The  Mexican  Calen- 
dar-Stone," p.  108),  13,  Acatl,  or  1375. 

In  regard  to  the  title  of  "  Tiacatecuhtli  "  compare  "  Art  of  War,"  (p.  123,  note  104). 
There  is  a  singular  analogy  between  it  and  the  title  of  "  Great  War  Soldier,''  given  by 
the  Iroquois  confederacy  to  its  head-war-chiefs  (••  Ancient  Society,"  p.  146).  Under 
'•  men  "  the  Mexicans  also  understood  "  braves."    Therefore  "  chief  of  the  braves  "  also. 

49  In  a  general  way.  the  following  passages  are  interesting.  Durdn  (Cap.  LXIV, 
p.  4!»8),  "  because  in  these  times  the  brothers,  sons  of  the  King  inherited  one  another, 
although  from  what  I  have  noted  of  this  hit-tory,  there  was  no  heredity  nor  succession, 
but  that  only  those  which  the  electors  chose,  whether  brother  or  son,  nephew  or  cousin, 
in  the  second  degree,  of  him  who  died,  and  this  order  it  strikes  me  they  carried  (on)  in 
all  their  elections,  and  so  I  believe  that  many  of  those  who  clamor  and  pray  for  lord- 
ships (•' senorios'")  because  of  their  fathers  having  been  Kings  and  Lords  at  the  time 
of  their  inlidelity  do  not,  as  I  understand,  justly  claim  ("no  piden  justicia").  For  ac- 
cording to  their  ancient  law  there  were  rather  elections  than  successions  and  inherit- 
ances, in  all  kinds  of  lordships."  I  shall  give  the  full  text  of  this  very  important 
passage  further  on.  Tarquemada  (Lib.  XI,  cap.  XXVII,  p.  358;.  "  Of  the  Mexican  re- 
public I  confess  this  manner  of  succession,  and  that  sometimes  they  were  elected  with- 
out regard  to  anything  save  their  personal  qualification." 

6°  Sahagun  (Lib.  VIII,  cap.  XXX,  p.  318). 

61  Compare  Durdn  (Cap.  LXIV,  pp.  498  and  499).  Torquemada  (Lib.  XI,  cap. 
XXVII,  p.  358).  The  former  says  in  addition  to  what  is  quoted  in  note  49.  "  In  all  the 
other  lordship  I  only  found  but  elections  and  the  will  of  the  electors,  and  thus  they  never 
could  fail  to  have  a  King  of  that  lineage,  even  to  the  end  of  the  world,  because  if  to- 


589 

was  the  particular  "calpulli"  of  Mexico  who  furnished  the  Mexi- 
can head- war-chiefs  down  to  1520  A.  D. 

Analogous  to  the  New  Mexican  pueblo,  the  tribe  of  Mexico 
had,  from  that  time  on,  its  supreme  council  and  finally  two 
executive  head-chiefs  ;  for  with  the  creation  of  the  military  office 
of  "chief  of  men,"  the  "Snake-woman"  rose  correspondingly 
in  importance.52  No  change  in  that  organization  took  place  until 
the  Spanish  conquest  although  within  the  period  of  nearly  one 
hundred  and  fifty  years  (approximately)  thus  indicated,  we  find, 
at  three  distinct  epochs,  mention  of  virtual  changes  or  subversions 
of  the  aboriginal  institutions  of  the  Mexican  tribe. 

The  first  one  of  these  critical  dates  agrees  with  the  third  decade 
of  the  fifteenth  century,  or  the  time  when,  through  a  well  executed 
dash,  the  Mexicans  overthrew  the  power  of  the  Tecpanecas  on  the 
mainland. 

This  successful  move,  perhaps  originall}-  conceived  in  self- 
defence,  finally  brought  about  the  confederacy  of  the  "nahuatl" 
tribes  of  Mexico,  Tezcuco,  and  of  Tlacopan.  We  have  nothing 
to  add  to  our  first  picture  of  this  military  partnership,  as  drawn 
in  "Tenure  of  Lands."53     Still  the  event  deserves  special  men- 

dayn,hey  elected  the  brother,  to-morrow  they  elected  the  "  grandson,  and  the  day  after 
the  nephew,  and  thus  they  went  through  the  whole  lineage  without  any  end  "  This  is 
a  plain  description  of  the  succession  of  office  in  the  kin.  Torquemada  is  about 
equally  explicit,  and  this  agreement  between  two  authors  who  represent  antagonistic 
tribal  traditions,  is  certainly  of  great  weight.  To  this  should  be  added  the  statement 
of  Sahagun  (Vol.  II,  p.  318),  "  and  (they)  selected  one  of  the  most  noble  ones  of  the 
lineage  ("Minea")  of  the  lords  post."  Even  the  series  of  contradictions  of  Zurita 
("  Rapport,  etc.,"  pp.  12-20).  contain  a  plain  description  (if  attentively  studied)  of  suc- 
cession in  the  kin,  and  not  in  the  family. 

62  At  the  time  Francisco  Vasquez  de  Coronado  reached  and  conquered  New  Mexico, 
its  sedentary  Indians  were  governed  by  a  council  of  old  men,  and  besides  they  had 
governors  and  captains.  This  is  explicitly  stated  by  Pedro  de  Castaneda  y  Nagera, 
("  Relation  du  Voyage  de  Cibola,  entrepris  en  1510,"),  who  went  with  Coronado  in  1540,  in 
the  French  translation  by  Mr.  Ternaux-Compans,  1838  (Cap.  XI,  p.  til),  about  Tuscayan 
Cibola,  although  flatly  contradicted  again  by  himself  (Part.  II,  cap.  Ill,  p.  l(ii),  in 
regard  to  Cibola.  Torquemada  (Lib.  IV,  cap.  XL.  p.  681),  mei  tions  the  "mandon" 
(commander)  and  after  him  what  he  calls  a  '"crier"  "y  despues  de  el,  es  el  que  pre- 
gona,  y  avisa  las  cosas,  que  son  de  Kepublica,  y  que  se  han  de  hacer  en  el  Pueblo." 
The  same  author  is  also  very  explicit  (Lib.  XI,  cap.  XVII,  p.  337),  when  he  distinctly 
states:  "  El  Govierno  de  los  del  Nuevo-Mexico  parece  de  Senado,  ii  de  Senoria,"  men- 
tioning  also  the  two  other  officers. 

For  the  actually  prevailing  governmental  system  of  the  New-Mexican  Pueblos  the 
sources  are  very  numerous.  I  simply  refer  to  H.  H.  Bancroft  (Vol.  I,  pp.  546  and  547), 
W.  W.  H.  Davis  ("  The  Spanish  Conquest  of  New- Mexico,"  1809,  p.  415,  note  4),  Oscar 
Loew  ("  Lieutenant  G.  M.  Wheeler's  Zweite  Expedition  nach  Neu-Mexiko  und  Colorado, 
1874,"  in  Petermunn's  "  Geographische  Mittheilungen,"  Vol.  22,  p.  212).  All  the  other 
main  sources  it  would  be  useless  to  enumerate. 

53  Pp.  416, 417,  and  418,  and  notes  61  to  70  inclusive.    Also  note  4  of  this  paper.    In  re- 


590 


tion  here,  because  of  its  unveiling,  so  to  say,  the  full  organization 
of  the  ancient  Mexicans  as  they  preserved  it  until  the  time  of 
their  downfall. 

Upon  the  occasion  of  the  division  of  spoils  gathered  from  the 
defeated  Tecpanecas,  and  of  the  establishment  of  regular  tribute, 
there  appear  the  following  war  captains  and  leaders  of  the  Mexi- 
cans, as  representatives  of  the  latter's  organization. 

The  "chief  of  men." 

Four  captains  of  the  four  principal  quarters  of  Mexico. 

Twenty  war-chiefs  of  as  many  kins  composing  the  tribe. 

One  chief  representing  the  element  of  worship,  or  "  medicine." 

The  "  Snake-woman."54 


gard  to  the  date  of  its  occurrence,  Bancroft  (Vol.  V,  p.  395),  says  about,  or  immediately 
after,  1431,  following  Brasseur  de  Bourbourg,  Clavigero  (Lib.  IV,  cap.  III.  p.  251), 
1426,  Ixtlilxochitl  ("Hist.  Chichimeca,"  Cap.  XXXII,  p.  217),  also  1431,  Veytia  (Lib.  Ill, 
cap.  Ill,  p.  165)  1431,  The  "  Codex  Telleriano-Remensis"  (Kingsb.,  Vol.  I,  p.  7,  and  Vol. 
VI,  p.  136),  has  it  7,  "  Tochtli"  or  1404. 

54  Duran  (Cap.  XI,  p.  96).  Besides  distributing  land  "  juntamente  con  daros  y  rep- 
artiros  las  tierras  que  aveis  ganado,  para  que  tengais  renta  para  el  sustento  de  vues- 
tros  estados  y  personas  segun  el  merito  dellas,"  he  gave  them  "  ditados"  or  titles  "y 
(quiere)  haceros  senores  de  titulo"(the  latter  would  be  to  make  them  noblemen).  I 
must  advert  here  that "  ditado  o  titulo  de  honra  "  is  expressed  in  the  Mexican  language 
by  •'tecuyotl"  "  tlatocazotl"  "mauigotl"  {Molina,  "  Vocabulario,"  Part  I,  p.  46). 
These  words  however  mean  but,  respectively  "chieftainship,"  "  speakership,'Aband 
"honor,"  (the  latter  see  Molina  II,  p.  54),  all  of  them  terms  which,  as  we  shall  nere- 
after  see,  apply  to  personal  merit,  and  not  to  hereditary  privilege  among  the  Mexican 
aborigines.     Duran  then  proceeds  (p.  97)  to  give  these  titles  as  follows :  — 


Primeramente  a  su  genere 

ildio 

por  ditado 

Tlacochcalcatltecutli, 

A  Veue  Moteuccuma, 

Tlacacleltzin  did  por  ditado 

Tlacatecatl. 

A  Tlacauspan, 

d. 

P- 

d. 

Ezuauacatl. 

A  Cuatlecoatl, 

d. 

P- 

d. 

Tlillancalqui. 

A  Veuecacan, 

d. 

P- 

d. 

Tezcacoacatl. 

A  Aztacoatl, 

d. 

P- 

d. 

Tocuiltecatl. 

A  Caualtzin, 

d. 

P- 

d. 

Acolmiuacatl. 

A  Tzonpantzin, 

d. 

P- 

d. 

Hueiteuctli. 

A  Epcotiuatzin, 

d. 

P- 

d. 

Temillotzin. 

A  Citlalcoatzin, 

d. 

P- 

d. 

Tccpanecatl. 

A  Tlaueloc, 

d. 

P- 

d. 

Calmimelolcatl. 

A  Ixcuetlatoc, 

d. 

P- 

d. 

Mexicalteuctli. 

A  Cuauhtzitzimitl, 

d. 

P- 

d. 

Huitznauatl. 

A  Xiconoc, 

d. 

P- 

d.     y  ren  ombre, 

Tepanccatlteuctli. 

A  Tlazolteotl, 

d. 

P- 

d. 

Quetzaltocatl. 

A  Axicyotziu, 

d. 

P- 

d. 

Teuctlamacazqui. 

A  Ixauatliloc, 

d. 

P- 

d. 

Tlapnltecatl. 

A  Mecantzin, 

d. 

P- 

d. 

Cuauhyatiacatl. 

A  Tenamaztli, 

d. 

P- 

d. 

Coatecatl. 

A  Tzontemoc, 

d. 

P- 

d. 

Pantecatl. 

A  Tlacacochtoc, 

d. 

P- 

d. 

Huecamecatl. 

To  these  he  adds  (pp.98  and  99),  five  more,  namely:  Quauhnochtecutli,  Cuauhqui- 
auacatl,  Yopicatltecutli,  Cuitznauatl,  and  Itcotecatl.  The  three  last  were  from  Cul- 
huacan.     Adding  to  this  the  "  chief  of  men  "  himself,  who  was  "  Flint-Snake,"  or 


591 

The  existence  of  twenty  autonomous  consanguine  groups  is  thus 
revealed,  and  we  find   them  again  at  the  time  of  the  conquest, 

"Obsidian-Snake"  (Itzcohuatl),  we  have  twenty-five  chiefs  in  all.     Now  we  cannot 
fail  to  notice:  — 

(1).    "Itzcohuatl,"  the  "chief  of  men  "  or  head-war-chief. 

(2).    "Tlacochcalcatl,"  "  Tlacatecatl,"  "E/.hiiahnacatl,"  and  "  Cuanhnochtli,"  the 
four  military  leaders  of  the  four  great  quarters  (■'  phratries'')  of  Tenuch- 
titlan.    (See  -'Art  of  War,"  pp.  120.  121,  and  122,  also  notes  97  to  101  inclusive.) 
(3).    "Tlillancalqui"  —  "Man  of  the  black-house,"  a  chief  connected  with  "medi- 
cine" or  worship,  as  I  shall  hereafter  show.    He  was  rather  a  counsellor  or 
advisor,  than  a  captain,  as  Acosta  (Lib.  VI,  cap.  XXV,  p.  441).  and  Herrera 
(Dec.  Ill,  lib.  II.  cap.  XIX,  p.  75)  positively  state,  whereas  Duran  (Cap.  XI, 
p.  103)  asserts  the  religious  origin  of  his  office. 
(4).    "  Tlacacllel,"  who,   as  Duran   and   Tezozomoc   both  repeatedly  and   plainly 
assert,  was  the  snake-woman  or  "  Cihuacohuatl."    In  this  intance,  however, 
he  is  graced  with  the  title  of  "  man  of  the  house  of  darts  "  ("  Tlacochcalcatl "), 
and  thus  made  one  of  the  four  leaders  of  the  "  phratries."    This  is  an  evident 
mistake,  as  the  latter  title  belonged  to  Montezuma  (the  first,  or  "old  one"). 
Compare  Torquemada  (Lib.  II,  cap.  XXXVI,  p.  140;  cap.  XLIIi,  p.  1)0,  where 
he  is  called  "captain-general"),  Vetancurt  (Part  II,  Trat.  I,  cap.  XV,  p.  293), 
also  Duran  (Lam.  8«,  Parte  la). 
(5).    Twenty  war-chiefs,  each  one  of  whom  commanded  the  warriors  of  one  kin  or 
calpulli,  hence  they  were  the  military  leaders  of   twenty  Mexican    kins. 
Besides  the  indications  to  that  effect  furnished  by  Duran  (Cap.  XXVII,  p.  224), 
"  &  los  sefiores  de  los  calpules  no  los  vimos  ni  nos  habliron,"  said  the  sor- 
cerers which  had  been  sent  to  Huitzilopochtli's  mother,  after  she  had  asked 
them  about  the  chiefs  or  captains,  seven  in  number,  which  had  led  the  Mexi- 
cans originally,  (see  note  33).     Tezozomoc  ("Cronica,"  Cap.  XV,  pp.  24  and 
25),  while  corroborating  the  statements  of  Duran  (with  the  exception  that  he 
omits  the  chief  "  Mexicatltecutli,"  and  thus  gives  only  twenty-seven  chief- 
tains), inserts  the  following  explanation  about  these  twenty  (or  twenty-one 
after  Duran)  captains  :  "After  these  four  (the  four  first  ones),  go  the  Tiacanes, 
called  valorous  soldiers,  surnamed  captains."    The  "Tiacan"  or  "tiacauh," 
properly  "  teachcauhtin."  Elder  brother,  was  the  military  chief  of  each  "  bar- 
rio "  or  "calpulli,"  therefore  of  each  kin  (''Art  of  War,"  p.  119,  notes  91,92, 
and  93),  consequently  these  twenty  chieftains  represent  here  as  many  con- 
sanguine relationships  composing  the  tribe  of  the  ancient  Mexicans. 
It  will  be  noticed,  however,  that  Duran  has  twenty-one  chiefs,  whereas  we  assume 
but  twenty,  according  to  Tezozomoc.    The  latter  omits  "  Mexicatltecutli  "  and,  perhaps 
properly  too.    This  word  signifies  but  "  Mexican  chief,"  in  general,  and  cannot  there- 
fore well  be  the  title  of  one  particular  leader.    It  recurs  occasionally  in  the  course  of 
Mexican  history.    Still,  this  is  only  a  suggestion  on  my  part,  for  the  matter  is  far  from 
being  proven.     Torquemada  (Lib.  IV,  cap.  CH.  p.  571)  mentions  " Mexicatl-achcauhtli " 
among  the  chiefs  who  went  with  Quauhtemotzin   before  Cortes  on  the  day  after  the 
resistance  of  the  Mexicans  had  ended.    Again  Tezozomoc  mentions  two  chiefs  of  the 
same  title  •'  Cuauhquiauacatl,"  as  also  does  Duran.    Now  this  would  be  impossible, 
since  Tezozomoc  calls  the  second  one  of  that  name,  a  son  of  "  Cuauhnochtli."    It  may 
be  now  that  the  latter  author  has  omitted  the  "  Mexicatl-tecutli,"  and  that  "Cuauh- 
quiauacatl" is  to  be  counted  but  once.    It  results  from  the  statements  of  Vetancurt 
already  alluded  to,  that  there  were  twenty  Mexican  "calpulli,"  consequently  there 
were  but  twenty  leaders  of  kins.    The  analogy  between  these  "  barrios"  and  the  chiefs 
of  Duran  and  Tezozomoc  is  greatly  increased  by  the  fact  that  for  the  three  chiefs  of 
Culhuacan  mentioned  by  the  latter,  we  have  also  three  barrios  of  "Otomites."  there- 
fore, in  each  case  but  seventeen  original  kins  of  Mexicans  proper  (  Vetancurt  "  Cro- 
nica," Vol.  Ill,  p.  132). 


592 

while  their  last  vestiges  were  perpetuated  until  after  1690,  when 
Fray  Augustin  de  Vetancurt  mentions  four  chief  quarters  with 
their  original  Indian  names,  comprising  and  subdivided  into  tiventy 
"barrios."  Now  the  Spanish  word  "Barrio"  is  equivalent  to 
the  Mexican  term  "  calpulli."  Both  indicate  the  kin,  localized 
and  settled  with  the  view  to  permanence.55 

What  is  often  conceived  as  the  establishment  of  a  vast  feudal 
monarchy  at  the  time  just  treated  of,  resolves  itself  therefore 
into  two  very  plain  features.  One  of  these  consists  in  the  estab- 
lishment of  the  confederacy,  the  other  is  but  the  appearance  in 
broad  daylight  of  the  peculiar  organization  of  aboriginal  society 
among  the  Mexicans.  Thus  we  have  no  sudden  change  of  base, 
no  revolution  in  the  institutions  of  the  tribe  ;  the  only  progress 
achieved  consisted  in  the  extension  of  inter-tribal  relations  and 
in  their  assuming  the  shape  of  a  military  partnership. 

The  year  1473  witnessed  another  event  which  seemed  to  affect 

All  these  titles  were  permanent,  though  not  hereditary,  as  it  is  plainly  seen  in  the 
case  of  the  four  leaders  of  the  four  '•  phratries "  about  which  Sahagun  says:  (Lib. 
VIII,  cap.  XXX,  p.  318)  "The  chief  elected,  forthwith  they  elected  others  four  which 
were  like  senators  that  always  had  to  be  by  his  side  ....  (these  four  had  different 
names  in  different  places)  .  .  .  .  "  Durdn  (Cap.  XI,  p.  10:5).  "  To  these  four  lords  and 
titularies,  alter  they  were  elected  princes,  they  made  them  of  the  royal  council,  like 
presidents  and  members  ('•  oydores  ")  of  the  supreme  council,  without  whose  opinion 
nothing  should  be  done.  When  the  king  died,  his  successor  had  to  be  taken  from  those, 
neither  could  any  others  but  brothers  or  sons  of  kings  be  clothed  with  these  dignities. 
Thus  if  one  of  these  was  elected,  they  put  another  in  his  place.  We  must  know  that 
they  never  put  a  son  of  him  who  had  been  elected  ("  Kin?  "J  or  of  the  deceased,  since, 
as  it  has  been  said,  the  sons  never  succeeded  (in  office)  by  inheritance,  to  the  titles  or 
lordships,  but  through  election.  Therefore,  whether  son,  brother,  or  cousin,  if  elected 
by  the  king  and  those  of  his  council,  to  that  dignity,  it  was  given  to  him,— it  being 
sufficient  his  being  of  that  lineage  and  near  relative,  and  so  the  sons  and  brothers 
went  on  inheriting  gradually,  little  by  little  ....  and  the  title  and  lordship  never 
went  outside  of  that  descendancy  (-'generation"  also  kin),  being  filled  by  election, 
little  by  little." 

The  other  titles  are  frequently  met  with  up  to  the  time  of  the  conquest,  as  a  few  in- 
stances will  abundantly  prove.  Assuming,  with  the  majority  of  authors,  the  date  of 
1431,  for  that  of  the  formation  of  the  confederacy,  we  meet,  during  the  unlucky  foray 
of  the  confederates  against  Michhuacan,  about  fifty  years  later,  with  the  following  war- 
chiefs  of  the  Mexicans.  Tezcacoatl,  Huitznahuacatl,  and  Quetzaltocatl  {Tezozomoc, 
Cap.  HI,  pp.  84  and  85),  also  Coatecatl  (Cuauhtecatl).  At  the  time  of  Cortes'  first 
arrival  off  the  coast  (1518)  we  meet  in  the  council  of  Mexico  with  Huitznahuacatl, 
Hueycamecatl  (Torquemada,  Lib.  IV,  cap.  XIII,  p.  379).  Finally  when,  alter  the  re- 
sistance of  the  Mexicans  had  ceased,  Cortes  assembled  all  the  chiefs  in  his  presence, 
we  again  meet  with  Huitznahuatl,  Mexicatltecuhtli,  Teuctlamacazqui  (Torquemada, 
Lib.  IV.  cap.  CII,  p.  571).  Evidence  of  this  kind  could  be  produced  in  profusion,  but 
it  would  only  increase  unnecessarily  the  size  of  this  annotation.  Compare  the  titles  of 
the  Iroquois  sacheinships  in  Morgan  ("Ancient  Society,"  Part  II,  Cap.  V,  pp.  130  and 
131). 

50  Compare  note  33.    Also  Molina  (Part  I,  p.  18),  and  others. 


593 

the  Mexican  tribe  in  a  more  direct  manner.  It  was  the  overthrow 
and  capture,  after  a  short  but  bloody  struggle,  of  the  pueblo  of 
Tlatilulco.56  Owing  to  the  close  connection  of  the  latter  with  the 
Mexicans  both  had  remained  on  a  non-hostile  footing ;  for  the 
suspicious  watchfulness  with  which  each  viewed  the  other  did  not 
comport  with  any  more  intimate  relations,  those  of  trade  and  ex- 
change excepted.  When  the  confederacy  came  into  existence, 
Tlatilulco  was  counted  in  as  a  part  of  Mexico,  since  its  people 
acknowledged  themselves  to  be  Mexicans  ;  but  there  is  no  evidence 
authorizing  the  conclusion  that  the  Tlatilulca  played  any  other  role, 
beyond  that  of  auxiliaries  to  their  kindred  of  Tenuchtitlan.57  The 
rash  attempt  of  the  former  at  the  organization  of  a  conspiracy  to 
become  "Mexico  alone"  terminated  fatally  ;  their  place  was  taken 
and  barbarously  sacked,  their  leaders  were  killed  in  the  fray  or 
sacrificed  afterwards,  and  the  Mexicans,  exasperated  at  the  conduct 
of  their  treacherous  kinsmen  treated  them  in  an  unusually  severe 
manner.  We  have  seen  already  that,  in  any  conquest,  the  con- 
quered tribe,  if  not  exterminated,  was  only  subjected  to  more  or 
less  heavy  tribute.  But  the  Tlatilulca  were  dealt  with  far  worse  :  i 
the}r  were  degraded  to  the  rank  of  "  ivomen"  their  public  market 
was  ordered  closed,  their  council-house  left  to  decay  and  their 
young  men,  expressly  debarred  from  the  privilege  of  canning 
arms  in  aid  of  the  Mexicans,  were  required  to  become  the  carriers 
of  supplies  to  their  captors.  Such  a  punishment  was  unknown  in 
the  annals  of  Indian  conquest,  and  appears  even  to  militate 
against  our  views  of  aboriginal  society  in  Mexico  ;  still  it  was 
in  perfect  harmony  with  the  institutions  of  the  latter.  The 
Tlatilulca    were,   as    we    should    never   forget,   not   only    a   tribe 

56  The  "Codex  Telleriano-Remensis"  (Plate  XIV,  also  explanation  Vol.  VI,  p.  138), 
concurs  in  this  date,  or  the  year  seven  "calli"  which  is  indeed  H73. 

07  This  acknowledgment  —  "to  be  Mexicans"  —  on  the  part  of  the  inhabitants  of 
Tlatilulco,  was  in  the  nature  of  a  claim,  and  with  a  spirit  of  jealousy  and  envy.  Al- 
though Duran  says  (Cap.  XXXII,  p.  257),  "auiendo  estado  ha^ta  entonces  sujetos  a. 
la  corona  real  de  Mejico,"  this  affirmation  is  utterly  disproven,  not  only  by  all  the 
other  sources,  but  by  h*s  own  statements  (Cap.  V,  pp.  43  and  40).  The  confused  and 
contradictory  tales  about  the  state  of  war  preceding  the  formation  of  the  confederacy 
still  make  the  Tlatilulca  always  appear  as  assisting  their  neighbors  of  Tenuchtitlan, 
more  or  less.  Sometimes  they  were  neutral  only,  and  at  times  they  may  have  felt  in- 
clined to  foster  attempts  at  destruction  of  their  rivals  by  outsiders,  hut  they  still  were 
afraid  of  the  consequences  of  it  for  their  own  independence.  Duran  ((Jap.  V,  p.  46). 
The  singular  statement  that  the  Tlatilulca  even  attempted,  though  fruitlessly,  to  with- 
draw the  Tezcucans  and  Tlacopans  from  Tenuchtitlan,  inducing  them  to  become  their 
associates  in  the  work  of  its  overthrew,  is  significant.  See  Torquemada  (Lib.  II,  cap. 
LVIII,  p.  170)  "  Quisose  aliar  con  los  de  Tlacupa,  y  Tetzcuco,  los  quales  no  le  acudie- 
ron." 


594 

connected,  through  stock-language  or  even  dialect,  with  the  Mexi- 
cans, but  they  were  actually  "kin  of  their  own  kin."  Their  punish- 
ment therefore  was  that  of  a  crime  committed  against  kinship  and 
tribe.  As  we  shall  hereafter  attempt  to  show,  such  delicts  en- 
tailed death.  Instead  of  exterminating  a  whole  settlement  how- 
ever, the  Mexicans  treated  the  survivors  as  outcasts  from  the  bond 
of  kinship,  degrading  them  to  manual,  therefore  female  labor.58 

68 The  descriptions  of  the  capture  of  Tlatilnlco  by  the  Mexicans,  while  "Face  in  the 
Water"  (Axayacatl)  was  the  hitter's  head  war-chief,  are  so  numerous,  and  in  their 
features  as  far  as  the  subject  of  this  paper  is  concerned,  so  generally  concordant,  that 
I  may  be  permitted  to  forego  quotations.  I  simply  refer  to  the  best  known  authors  on 
ancient  Mexico  in  general.  Stdl.  ihese  authors  seem  to  report  but  the  "  Teuuchcan  " 
side  of  the  story.  Although  Boturini  ('•  Idea"  "  Catalogo  del  Maseo  Indiano,"  p.  23), 
mentions  the  copy  of  "Un  Mapa  en  papel  Europeo,  donde  estan  pintados  los  Reyes  de 
Tlatilulco,  y  de  Mexico"  as  the  only  specifically  ''Tlatilulcan  "  document  of  which  he 
knows,  there  still  is  preserved  to  us  a  tale  of  the  overthrow  of  the  pueblo  of  Tlati- 
lulco. which  bears  distinctly  the  stamp  of  a  genuine  Tlatilulcan  version.  We  owe  it  to 
Oviedo  y  Valde's  f"  Historia  general  y  nat.  de  Indi  is"  Lib.  XXXIII,  cap.  XLVI,  pp.  504 
and  505).  "Avia  dos  parcialidades  6  bandos  en  aquella  repiiblica,  la  una  se  decia 
Mexicanos,  e  la  otra  Tlatebulcos,  como  se  dice  en  Castilla  Onecinos  i  Gamboinos,  6 
Giles  e  Negretes.  Y  estos  dos  apellidos  teuvieron  grandes  difeiencias  :  e  Montecuma, 
como  era  mafioso,  fingio  grande  amistad  con  el  senor  principal  del  bando  Tlatebulco, 
que  se  decia  por  sus  nombre  proprio  Samalce,  e  toniole  por  yeino,  e  di61e  una  sn  hija, 
por  le  asegurar.  Con  este  debdo,  en  cierta  fiesta  e  convite  a  este  Samalce,  6  a  todos  bus 
capitanes  e  parientes  e  hombres  principales,  hizidos  embeodar:  e  desque  estuvieron 
bien  tornados  del  vino,  hicolos  atar  e  sacrilicarlos  a  todos,  saeandoles  los  coracones 
vivos,  como  lo  tienen  por  costumbre.  E  los  que  padescieron  esta  crueldad  passaban 
de  mil  hombres,  seiiores  principales;  e  tomoles  las  casas  e  quanto  tenian,e  poblolas  de 
sus  amigos  e  de  los  de  la  otra  parcialidad  Mexicana.  E  a  todos  los  que  tuvo  por 
sospechosos,  desterrolos  de  la  ciudad,  que  fueron  mas  de  quatro  mil  homhies  y  en 
los  bienes  e  moradas  destos  higo  que  viviessen  los  quel  quiso  enriqucsar  con  bienes 
agenos.  E  aquellos  que  desterro,  hico  que  poblassen  quatro  leguas  de  alii,  en  un 
pueblo  que  de  aquella  gente  se  hico,  que  se  llama  Mezquique,  e  que  le  sirvirssen  de 
perpetuos  esclavos.  E  assi  como  lacibdad  se  de9ia,  y  es  su  proprio  nombre  Temisti- 
tan,  se  llamo  e  llama  por  muchos  Mexico  dende  aquell  i  maldad  cometida  por  Monte- 
cuma." This  story  is  repeated  by  him  with  less  detail  (Cap.  I,  p.  533).  Although 
manifestly  incoriect,  it  is  still  interesting  to  compare  with  the  current  version. 

The  punishment  which  the  Tlatilulca  received,  is  also  mentioned  by  a  number  of 
authors.  The  prominent  sources,  however,  are:  Durdn  (Cap.  XXXIV,  pp.  270  and 
271),  Tezozumoc  (Cap.  XLVI,  pp.  71  and  75).  Both  of  these  relate  that,  besides,  the 
great  market  place  of  Tlatilulco  about  which  the  latter  says:  ''that  the  tianguis 
(market)  was  esteemed  beyond,  as  if  they  had  gained  five  tribes."  The  Tlatilulca 
were,  as  we  shall  hereafter  see,  mostly  traders  and,  as  one  of  their  old  men  is  made 
to  say  to  '•  Face  in  the  Water,"  by  Tezozumoc  (p.  74) :  "  We  are  traders,  merchants,  and 

■will  give  you  (follows  a  long  list  of  articles  promised) since  by  force  of  arms 

this  tianguis  has  been  gained."  Durdn,  (p.  2701 :  '-After  this  was  done,  the  King  com- 
manded that  this  place  and  market  which  they  had  gained  should  be  distributed 
among  the  lords,  since  the  Tlatilulca  had  no  other  soil."  Compare  also  the  state- 
ments in  regard  to  trading  and  bartering  in  aboriginal  Mexico,  and  to  the  beginning 
of  the  traders  at  Tlatiluco,  in  Sahagun  (Lib.  IX.  cap.  1,  pp.  335  and  3;iG). 

'•Kin  of  their  own  kin."  In  regard  to  this  statement  1  beg  to  refer  to  one  made  by 
Yeytia  (Lib.  II,  cap.  XV,  p.  135):  "Some  modern  national  writers  say  that  this  separa- 
tion did  not  occur  precisely  as  between  nobles  and  plebeyans,  but  that  eight  families 

Kepout  Peabody  Museum,  II.  38 


595 

Still,  this  low  condition  did  not  remain  forever.  The  Tlatilulca 
were  in  a  measure  "  re-adopted  "  into  the  tribe.  After  this,  they 
formed  a  fifth  quarter,  or  "  phratry,"  which  Father  Vetancurt  (in 
1690)  mentions  as  containing  six  "  parcialidades."  But  this  re- 
habilitation never  extinguished  the  fire  of  revenge  kindled  once 
among  the  Tlatilulca  towards  the  Mexicans.  The  latter  treated 
the  former  therefore,  not  as  a  tribe  subject  to  tribute,  but  as  a 
suspicious  group,  to  which  the  rights  and  privileges  resulting 
from  consanguinity  could  not  well  be  denied,  but  to  which  voice 
and  vote  in  the  leading  councils  should  not  be  accorded.  In  this 
singular  position,  not  strictly  inferior,  but  evidently  more  "dis- 
tant," we  find  the  Tlatilulca  at  Mexico  at  the  time  of  the 
conquest.59 

or  tribes,  in  which  there  were  of  both  kinds,  were  those  who  divided  themselves  from 
the  rest."  (See  note  44.)  It  is  much  to  be  regretted  that  the  eminent  Mexican  scholar 
has  not  given  us  the  names  of  these  "Algunos  escritores  nacionales  modernos." 

«* According  to  Durdn  (Cap.  XXXIV,  p.  271),  they  remained  in  a  degraded  condition 
for  160  days  at  least,  or  eight  aboriginal  months:  •' y  que  les  turase  esta  penitencia  y 
castigo  hasta  los  ochenta  dias  del  segundo  tribute"  But  they  were,  according  to  him, 
relieved  ol  it  but  conditionally  :  "  y  asi  les  quitauan  aquellos  enti  ediehos  que  e  contado^) 
los  quales,  en  fal  tan  doles,  eran  tornados  a  poner."  In  order  to  comply  with  the  d& 
mands  of  the  Mexicans  for  slaves,  the  Tlatilulca  were  forced  to  carry  arms  again,  so 
as  to  take  part  in  the  wars.  Tezozomoc  (Cap.  XLVI,  p.  75)  confirms,  but  implies  i 
previously  (p.  75)  that  the  Tlatilulca  were  specially  obligated  to  be  the  traders  for 
Mexico ;  "y  haveis  de  ser  nuestros  tratantos  y  mercadres  en  los  tianguis  de  Huexot-I 
zinc<>,Tlaxcalaii,Tlilinquitepec,  Zacatlan,  y  Cholnla."  A  similar  punishment  was  meted 
out  to  them  by -'Stern  chief "  the  younger  ithe  last  Montezuma),  after  an  unsuccess- 
ful campaign  against  Huexotzinco,  Cholula,  and  Atlixco.  Durdn  (Cap.  LIX,  pp.  468, 
4G9),  Tezozomoc  (Cap.  XCVI,  p.  170).  It  is,  besides,  positively  asserted  by  the  former 
(p.  271)  that  the  "medicine  lodge,"  or  temple  of  Tlatilulco,  was  closed  thereafter, 
abandoned  and  left  to  ruin  and  decay  ("y  asi  dice  la  ystoria  questuvo  hasta  entonces 
lleno  de  yerba  y  de  vasura  y  caidas  las  paredes  y  dormitorios  del  ").  It  is,  of  course, 
confirmed  by  Tezozomoc  (p.  75.  cap.  XLVI) :  'y  asi  fue  que  lo  estiuvo  muchos  anos  hasta 
la  venida  que  hizo  Don  Fernando  Cortes,  Marquis  del  Valle,  en  esta  nueva  Espafia, 
corao  adelante  se  (lira,  a  que  me  re  fie  re."  It  is  somewhat  diflicnlt  to  reconcile  these 
statements  with  those  of  Bernal  Diez  de  Castillo  (Cap.  XCII,  pp.  88,  89,  90,  91,  Vedia, 
Vol.  II),  and  of  Sr.  Icazbulceta  in  Cervantes- Stdazar  ("Tres  Dialogos,"  note  40  to  2d 
Dial.,  p.  201)  to  the  effect  that  Cortes  visited  that  temple  of  Tlatilulco  and  found  "  Stern 
chief"  worshipping  in  it,  and  still  more  difficult  is  it  to  reconcile  the  relation  of  Ber- 
nal Diez  with  that  of  Andres  de  Tapia  ("Relation,  etc.,  etc.,"  pp.  582-586,  Col.  de  Doc. 
II),  who,  as  an  eye-witness  too,  deserves  similar  credit. 

Tlatilulco  formed  a  quarter,  a  lit'th  great  one.  of  Mexico  at  the  time  of  the  conquest. 
This  is  distinctly  stated  by  Motolinia  (Historia,  etc.,  Trat.  Ill;  cap.  VII,  pp.  180  and 
181),  Torquemada  (Lib.  II.  cap.  XI,  p.  93)  confirms  Motolinia  in  general,  (Lib.  Ill,  cap. 
XXIV,  p.  295),  Mendieta  (Lib.  Ill,  cap.  II,  p.  182),  "en  el  barrio  llamado  Tlatelulco;" 
(Lib.  IV,  cap.  XV,  p.  414),  "y  el  barrio  se  dice  Tlatelulco,"  adding  (p.  418)  "  que  son  del 
mismo  pueblo  de  Tlatelulco;"  (Cap.  XVII,  p.  423),  "El  convento  de  Santiago  de  Tlate- 
lulco que  es  como  barrio  de  Mexico;"  (Cap.  XXVIII,  p.  466) ,  "pueblo  de  Tlatelulco;" 
(Id.,  p.  483,  Cap.  XXIX).  That  this  fifth  great  quarter  was  again  divided  into  six 
smaller  ones,  is  proven  by  Vetancurt  ("Cronica,  etc.,"  pp.  207  and  212) :  "  Tiene  cuatro 
religiosos  que  con  el  ministro  colado  administran  a  mas  de  mil  quinientas  personas  en 


596 

This  incident  in  Mexican  history  does  not  exhibit  an}'  features 
different  from  those  found  at  the  basis  of  tribal  society,  and  it  is 
not  until  the  first  decade  of  the  sixteenth  century  that  we  are  re- 
ferred to  the  period  when  aboriginal  institutions  of  ancient  Mexico 
emerged  from  their  former  condition  into  that  of  political  society 
proper  and  exhibited  the  features  of  rule  as  despotic  as  any  on  the 
three  eastern  continents.  Even  Robertson  has  so  far  yielded  to 
this  preconceived  idea  as  to  write,  "This  appearance  of  incon- 
sistency has  arisen  from  inattention  to  the  innovations  of  Mon- 
tezuma upon  the  Mexican  policy.  His  aspiring  ambition  subverted 
the  original  system  of  government,  and  introduced  a  pure  despot- 
ism. He  disregarded  the  ancient  laws,  violated  the  privileges 
held  most  sacred,  and  reduced  his  subjects  of  every  order  to 
the  level  of  slaves."60  In  general,  many  deeds,  creditable  and 
disreputable,  are  charged  to  that  ill-starred  "chief  of  men"  of 
the  Mexican  tribe,  whose  tragical  death  has  furnished  a  welcome 
topic  to  the  most  brilliant  writers.  "  Wrathy  chief"  (Motecuzumah 
or  Montezuma)  was  however  innocent  of  man}'  or  of  the  most,  if 


seis  parcialidades.  que  cada  cual  tiene  sus  barrios."  This  is  indefinite  and  vague,  and 
we  are  still  left  in  doubt  as  to  whether  there  were  only  six  or  whether  there  were  more. 
The  words  "each  of  which  has  its  quarters"  would  indicate  that  each  of  these  "  parci- 
alidades"  was  divided  into  smaller  ones.  Still,  "  parcialidad  "  and  "barrio"  are  re- 
garded as  equivalent  terms,  and  both  signify  Anns.  The  history  of  the  capture  of  the 
Mexican  pueblo  has,  in  some  details  of  the  siege,  preserved  to  us  the  names  of  some 
aboriginal  "barrios"  of  Tlatilulco.  Vetancurt  (Vol.  II,  Part.  Ill,  Trat.  II,  cap.  VII, 
p.  194)  mentions  two  of  them  :  ''Yocacolco"  (with  the  ermita  of  Santa-Ana)  and  "Ama- 
zac"  (ermita  of  Santa  Lucia),  the  latter  of  which  is  again  named  (Cap.  X.  p.  200)  by 
him,  and  by  Torquemada  also.  Torquemada  gives  a  number  of  names  even  :  Nonohualco 
(Lib.  IV,  cap.  XCIII,  pp.  551,  552),  Yacocalco  (p.  552),  Tlacuchcalco  (p.  552),  Amazac, 
Coyonaeazco  (p.  552).  This  gives  the  names  of  five  barrios  of  Tlatilulco.  If  to  this 
we  add  "el  Barrio,  que  se  llama  Xocotitlan,  que  es  agora  San  Francisco,  que  por  otro 
nombre  se  llama  Cihuatecpan,"  (p.  552),  we  would  have  the  sixth  quarter  also. 

That  the  administration  of  Tlatilulco  remained  separate  from  that  of  Tenuchtitlan  is 
proven  by  the  fact  that  Montezuma  was  assisted  by  twenty  chiefs  corresponding  to  the 
twenty  kins  of  the  Tentichca  only,  and  without  representation  for  the  Tlatilulca.  See 
Bemal  Diez  de  Castillo  (Cap.  XCV,  p.  95.  Vedia  II).  But  the  war-chief  of  Tlatilulco 
was  present  at  the  council.  Thus  "  Itzquauhtin  "  is  frequently  mentioned  as  the  com- 
panion of  Montezuma.  Sahagun  (Lib.  XII,  cap.  XVI,  p.  24;  cap.  XVII,  p.  25;  cap.  XXI, 
p.  28;  cap.  XXIII,  p.  31).  Torquemada  (Lib.  IV,  cap.  LXX,  pp.  498,499).  Vetancurt 
(Vol.  II,  cap.  XV,  Parte  III,  p.  13>X     Clavigero  (Vol.  II,  Lib.  IX.  cap.  XIX,  p.  153). 

Of  the  hatred  between  Mexicans  proper  and  Tlatilulca  the  last  days  of  the  siege  of 
Mexico  furnish  numerous  instances.  Both  Torquemada  (Lib.  IV,  cap.  XCII,  p.  550) 
and  Vetancurt  (Parte  III,  cap.  VI  of  2d  Trat.,  p.  193)  mention  the  flight  of  the  former 
into  Tlatilulco  as  taking  refuge  among  enemies.  Finally  the  following  passage  is  suffi- 
ciently plain:  Durdn  (Cap.  XXXIV,  p.  271),  "  E  fue  tanta  la  pertinacia  de  los  Mexi- 
canos,  que  hasta  que  los  espanoles  vinieron  a  la  tierra  no  les  dejaron  tornar  a  libertad 
ninguna,  ni  a  tener  templo  particular." 

60  '-History  of  America,"  (9th  Edition,  1800,  Vol.  Ill,  Book  VII,  p.  291). 


597 

not  all,  of  these  good  or  bad  actions,  and  this  simply  for  the  reason 
that  he  had  not  the  power  to  commit  them.  Thus  he  is  charged 
with  remodelling  his  household,  removing  certain  assistants,  and 
tilling  the  vacancies  with  "scions  of  noble  stock,"  creating,  at 
the  same  time,  hereditary  charges.  It  may  be  that,  in  the  case 
of  simple  runners  for  instance,  the  "chief  of  men"  held  ample 
authority  to  select  his  men,  consequently  to  remove  them  ;  but  it 
is  certain  that  for  any  office  of  permanence  with  the  kin  or  tribe, 
he  had  not  the  least  discretionary  power.  How  insignificant  his 
influence  even  was,  when  severed  from  organized  tribal  govern- 
ment, is  amply  shown  by  his  utter  helplessness  from  the  very 
moment  that  the  Spaniards  had  once  treated  him  as  a  fettered 
captive.61 

61  The  name  is  variously  written  "Mutiznma,"  "  Muteeznma,"  "  Moctezuma,"  "  Mon- 
tezuma," "  Moctheuzoma,"  "  Moteeuhzoma ;  "  and  ■'  Sefior  severo,"  is  the  most  current 
interpretation.  On  the  tables  of  Durdn  (Trat.  I,  Lam.  7,  8,  9,  21,  22,  23,  26)  and  in  gen- 
eral, the  "name"  is  painted  as  the  head-dress  ("  Xiuhhuitzolli"  )  of  a  chieftain,  trans- 
pierced by  an  arrow.  The  etymology  may  be:  "  mo"—" thine,"  •' tecuhtli "—" chief," 
and  "eumale"— "furious  and  wrathy"  (Molina,  II,  p.  28),  therefore  "  wrathy  chief," 
or  "stern  chief."  Aside  from  the  charges  prefered  against  him  by  Ixtlilxochitl  and 
his  "school"  of  subverting  gradually  the  basis  of  the  confederacy,  Mexican  authors 
accuse  him  of  having  revolutionized  the  institutions  of  his  own  tribe.  These  reports 
have  been  beautifully  remodelled  into  classical  English  by  Mr.  Prescott  (•'  Conquest  of 
Mexico,"  Book  II,  cap.  VI,  pp.  309  and  310).  Mr.  H.  H.  Bancroft  (Vol.  V,  pp.  457,  473, 
474,  475.  etc.),  is  equally  careful  in  reproducing  all  such  tales,  or  a  resume  thereof,  in  a 
shape  more  palatable  to  refined  and  impressionable  readers. 

The  substance  of  these  accusations  becomes,  however,  reduced  to  the  following 
statements,  as  expressed  by  Tezozomoc  (Cap.  LXXX1II.  pp.  145  and  140):  "He  said 
once  to  Zihuacoatl  Tilpotonqui :  I  have  thought  it  might  be  well  to  change  the  manner 
in  which  the  chiefs  and  messengers  should  be  selected  and  to  establish  a  different  way 
from  that  introduced  under  my  uncle  Ahuitzotl.  Let  those  serving  within  their  life- 
time, be  dismissed  and  others  put  in  their  places,  elected  from  the  four  quarters  of 
Moyotlan,  Teopan,  Aztacualco,  and  Cuepopan,— which  shall  be  children  of  chiefs,  and 
shall  stay  at  the  huehuecalli,  or  houses  of  the  community,  with  the  chief-steward 
dwelling  near  by.  Some  of  the  principals  of  this  tribe  now  have  sons,  begotten  from 
slaves,  now  —  these  are  principals,  and  let  them  become  delegates  (ambassadors,  mes- 
sengers, '"embajadores"),  and  not  be  cast  aside  for  a  miserable  macehual  who 
because  he  is  Tequihua,  Cacauhtli,  or  Cuaehie,  Otomies,  should  therefore  be  set  over 

the  principal  Mexican  chiefs,  and  the  sons  of  head-chiefs  (Kings,  "reyes") 

What  I  want  is  to  bring  forth  those  children  ol  chieftains,  which  have  been  forgotten 
so  long,  and  that  such  as  held  the  office  under  the  chief  Ahuitzotl  and  your  father 

Zihuacoatl  may  return  to  rest Zihuacoatl  then  called  together  the  council :  "  al 

palacio  comun,"  and  submitted  to  them  this  suggestion,  "of  which  they  were  all  satis- 
fied." With  this  resolution  Zihuacoatl  went  to  the  chief  and  said:  I  do  not  want 
them  to  be  of  age  now,  but  only  ten  or  twelve  years  old,  that  they  may  be  instructed 
properly,  and  become  skilled  in  speaking,  well  disposed,  like  unto  pages  to  the  chief- 
tain. When  they  had  come  before  Zihuacoatl,  as  second  person  of  the  chief,  he  made 
along  speech  to  them  concerning  their  line  of  conduct:  Every  day  you  shall  attend 
to  Huitzilopochtli  and  to  the  chief,  rising  early  for  orations,  and  doing  the  same  at 
nightfall,  to  become  expert  in  the  ways  of  penitence  and  sacrifice.  Then  you  shall 
cleanse  the  temple,  and  the  chief-house,  afterwards  have  it  swept  before  he  comes 


598 

It  is  therefore  vain  to  look  for  any  important  change  in  the 
institutions  of  the  ancient  Mexicans  even  at  this  third  and  latest 
date,  which  was  the  last  chance,  so  to  say,  if  any  at  all,  for  such 

out.  Keep  your  dresses  clean  and  in  order,  also  his  own  dress  and  ornaments;  his 
tress,  medal,  and  chain ;  also  every  five  days  his  blow-tube  and  bow,  that  he  may 
recreate  himself  with  it.  Attend  to  him  at  meal-time,  morning  and  evening,  serving 
him  with  cacao,  roses,  perfumes,  with  much  humility  and  respect,  never  looking  into 
his  face  under  pain  of  death.  Take  care  that  the  cooking  be  well  done,  and  that  the 
stewards  provide  for  everything.  But,  while  there  you  stay,  beware,  for  many  women 
of  worth  are  seen  there,  and  to  whose  needs  you  have  also  to  attend, — watch  your 
behavior,  for  should  you  attempt  anything  against  them,  you  and  your  relations  will 
be  driven  off,  and  if  you  commit  any  bad  action  with  any  of  these  women,  your  fathers 
houses  will  be  razed,  salt  strewn  over  their  ruins,  and  you  and  your  lineage  must 
perish."  At  the  close  of  this  and  other  (less  important)  talk  it  is  said  :  "and  in  course 
of  time  they  became  so  well  bred,  refined,  and  instructed,  and  skilful,  that  they  were 
of  the  most  prominent  chieftains  and  leading  men  in  this  house  and  court."  Durdn 
(Cap.  LIT,  pp.  416-122)  does  not  fail  to  confirm  the  statements  of  Tezozomoc,  extending, 
however,  the  removals  to  nearly  all  the  offices :  "  asi  en  el  servicio  de  sus  casa  y  per- 
sona, como  en  el  regimen  de  la  provincia  y  reyno"  (p.  417);  also  excluding  illegitimate 
offspring  ("  nengun  bastardo  "),  and  giving  a  number  of  more  or  less  pertinent  details. 
He  even  asserts  that  the  officers  of  the  kins  were  removed.  In  short,  he  represents  it 
as  the  introduction  of  absolute  despotism,  surrounding  at  the  same  time  the  throne  by 
a  powerful  nobility.  Acosta  (Lib.  VII,  cap.  21.  p.  505)  and  Herrera  (Dec.  Ill,  lib.  II, 
cap.  XIV,  p.  66),  "  porque  mandtf,  que  no  le  sirviesen  sino  nobles,  i  que  la  Gente  Ilustre 
estuviese  en  su  Palacio,  i  exercitase  oficios  de  su  Casa,  i  Corte."  Torquemada  (Lib. 
II,  cap.  LIX,  p.  196),  Vetancurt  (Part  IT,  Trat.  I,  cap.  XIX.  p.  328),  and  others,  confirm, 
although  in  a  more  concise  style  than  the  first  named  authors.  It  is  evident  that  all 
these  authors  must  have  gathered  from  the  same  source,  which  cannot  be  Sahagun, 
nor  Motolinia.  neither  Mendieta,  nor  any  of  the  known  conquerors.  The  story,  as  told 
and  detailed  by  Duran.  presupposes  a  class  of  hereditary  nobles,  already  formed  and 
in  full  vigor,  but  excluded  in  part  from  tenure  of  office  or  rather  sharing  such  right  of 
tenure  equally  with  those  of  the  common  class.  This  is  distinctly  acknowledged  by 
Tezozomoc,  and  more  particularly  yet  hy  Duran  himself:  '' y  mudar  todos  los  que  su 
tio  Auitzotl  auia  puesto  y  de  los  que  se  auia  servido,  porque  munch  as  dellos  eran  de 
baxa  suerte  y  hijos  de  hombres  baxos,"  p.  417,  etc.  Now  I  have  proven  {"Tenure 
of  Lands,  pp.  419.  420,  421,  etc.,  to  p.  448)  that  there  was  no  privileged  clans  based  on 
tenure  of  the  soil.  The  revolution  assumed  presupposes  that  there  was,  up  to  the  last 
"wrathy  chief,"  no  class  of  nobles  in  exclusive  possession  of  the  offices,  consequently, 
even  if  the  "  chief  of  men  "  in  question  had  any  inclination  or  desire  to  oust  the  ''com- 
mon people"  from  their  official  positions,  the  main  desideratum,  namely,  the  "uncom- 
mon "  ones  wherewith  to  replace  them,  and  for  whose  benefit  the  whole  affair  was 
planned,  were  not  on  hand.  For  nobility  not  based  on  hereditary  ownership,  or  heredi- 
tary command  of  some  kind,  is  no  nobility  at  all.  As  far  as  heredity  of  office  is  con- 
cerned, Duran  himself  is  one  of  the  most  powerful  witnesses  against  it  (e.  g.,  Cap. 
LXIV,  pp.  498  and  499).  If,  therefore,  "wrathy  chief"  created  a  class  of  privileged 
office-holders  about  the  year  1503,  it  must  have  been  very  short-lived,  for  it  was  cer- 
tainly out  of  existence  sixteen  years  later,  at  the  beginning  of  the  Spanish  conquest. 

The  version  of  Tezozomoc  is  evidently  the  correct  one,  and  thus  the  whole  story 
dwindles  down  to  the  selection  of  certain  boys,  probably  of  his  own  kin,  for  the 
special  service  of  the  tribal  house  of  government,  which  took  place  ivith  the  knowledge 
and  consent  of  the  council  only.  Whether  this  act,  if  converted  into  a  custom,  might 
have  gradually  merged  into  prevalence  of  a  certain  kin  over  the  rest,  is  another 
question,  which  the  intervening  conquest  of  Mexico  by  the  Spaniards,  has  lelt  without 
decisive  answer.  About  the  helplessness  of  Montezuma  while  a  captive,  see  authors 
on  the  Conquest  in  general. 


599 

a  revolution  before  the  advent  of  Europeans.  We  are  conse- 
quently, by  this  investigation  of  the  history  of  aboriginal  Mex- 
ico, justified  in  claiming  the  state  of  its  society  to  be  as  yet 
exclusively  tribal. 

Tribal  societ}'  presupposes  equality  of  rights  among  all  members 
of  the  kins  composing  the  tribe.  Hence  it  follows  that  "caste" 
and  hereditary  rank  coidd  not  exist,  that  there  could  not  be  any 
division,  among  the  ancient  Mexicans,  into  higher  and  lower 
classes,  into  "nobles"  and  "common  people,"  or  into  hereditary 
professions  or  vocations  like  "  priests,"  "  warriors,"  "  merchants," 
"artisans,"  and  "tillers  of  the  soil."  In  vindication  however  of 
our  assertion,  which  might  otherwise  appear  as  too  sweeping,  we 
may  be  permitted  here  to  dwell  at  some  greater  length  on  this 
particular  question. 

Nobility  is  based  upon  hereditary  privilege  of  some  kind.  Either 
it  consists  in  landed  propert}'  with  hereditability  of  title  and  (at 
least  originally)  office,  or  in  a  hereditary  charge  alone,  or  privilege 
or  power  over  others  transmitted  with  the  blood.  While  the  former 
has  become  more  usually  known  and  is  therefore  regarded  as 
characteristic,  the  latter,  always  accompanied  by  "  loose  wealth" 
at  least,  is  still  found  among  pastoral  nations.62  It  may  even 
have  been  the  incipient  form  of  the  other.  Now,  among  the 
ancient  Mexicans,  we  have  seen  that : — 

1.  The  notion  of  abstract  ownership  of  the  soil,  in  any  shape, 
had  not  yet  arisen. 

2.  Individuals,  whatever  might  be  their  position  or  office,  with- 
out any  exception,  had  but  a  right  to  use  certain  tracts,  and  no 
possessory  rights,  even,  to  land  were  attached  to  any  office  or 
dignity. 

3.  No  office  itself,  whether  of  the  kin  or  tribe,  was  hereditaiy 
in  any  family,  since  the  Mexican  family,  as  such,  was  yet  in  but 
a  nascent  state.63 

4.  Futhermore  loose  property  was  subject  to  such  diminutions 
occasioned  by  the  mode  of  worship,64  and  especially  of  burial,65 

62  The  Arabs  for  instance.  See  Kremer  (u  Geschichte  der  herrschenden  Ideen  des 
Islam"). 

63 For  these  three  points  see  "  Tenure  of  Lands"  in  general,  and  pp.  447-18  in  par- 
ticular. 

64  Motollnia  (Trat.  I,  cap.  IV,  p.  31).  "  Otros  trabajaban  y  ailquirian  dos  6  tres  afios 
cuanto  podian,  para  hacer  una  fiesta  al  demonio,  y  en  ella  no  solo  gastaban  cuanto 
tenian,  mas  ami  se  adeudaban,  de  manera  que  teuian  que  servir  y  trabajar  otio  aiio  y 
aun  otros  dos  para  salir  de  deuda;  .  .  ." 


600 

that  it  could  not  accumulate  so  as  to  exert  any  influence  in  the 
hands  and  in  behalf  ol  any  individual  or  of  his  immediate  rela- 
tives. 

Consequently,  aboriginal  Mexico  could  have  neither  nobility 
nor  patriciate,  and  when  such  a  privileged  class  does  not  exist, 
it  is  useless  to  seek  for  another  to  which  the  term  "  unprivileged" 
or  "common"  can  be  applied. 

In  a  future  essay  we  shall  attempt  to  prove  that  the  Mexicans 
had  no  hereditary  caste  of  "  medicine  men"  or  priests.  We  have 
elsewhere  shown  that  there  was  no  caste  of  warriors.66  The  mode 
of  Tenure  and  distribution  of  the  soil  precludes  all  possibility  of 
the  existence  of  a  permanent  class  of  "  tillers."  It  yet  remains 
to  cast  a  glance  at  the  so-called  artisans,  and  at  the  traders  or 
"  merchants." 

Neither  of  these  two  professions  were  held  to  personal  improve- 
ment of  their  garden  lots  ("  tlalmilli ")  but,  like  officers,  they 
could  have  them  improved  by  others  under  their  names  and 
for  their  benefit.67  The  statement  of  Zurita  "  that  a  quarter 
was  composed  of  all  kinds  of  people"  68  disposes  of  the  opinion, 
that  such  quarters  contained  each  but  members  practising  a  single 
trade.  Thus  there  was  no  geographical  agglomeration  by  pro- 
fessions.69 Again,  no  rule  existed  enforcing  or  establishing  here- 
ditament in  kind  of  work,  or  manner  of  sustenance.  The  son 
might  embrace,  at  his  choice,  his  father's  occupation,  but  nothing 

"Compare  the  burial  rites  of  the  Mexicans  as  reported  by  the  majority  of  old 
sources. 

o«  "Art  of  War  "  (p.  98,  notes  S.  9,  40).  Zurita  "  Rapport,"  (p.  48),  "  lis  e^aient  tenus 
settlement  an  service  militaire,  pour  leqttel  aucune  excuse  n'etait  admise." 

67  "  Tenure  of  Lands  "  (p.  42(5,  note  98).    Consult  the  authorities  therein  quoted. 

68"  Rapport"  (p.  224). 

8»  It  is  mostly  on  the  authority  of  Sahagun  (Lib.  IX,  vol.  II),  that  the  settlement  by 
professional  clusters  is  admitted.  Ixtlilxochitl  ("  Histoire  des  ChicliimSques,"  Cap. 
XXXVIII,  pp.  262  and  263,  "  Duodecima  Relation,"  p.  388,  Kingsborough,  Vol.  IX)  also 
says  that,  at  Tezcuco,  each  profession  had  its  own  quarter  in  the  pueblo.  But  an 
attentive  reading  of  the  first  author  named  (Cap.  XVI II,  p.  392),  where  he  treats  of  the 
featherworkers  "  De  los  oficiales  que  labran  pluma,  que  hacen  plumajes,  y  otras  cosas 
de  la  misma,"  satisfies  us  at  once  of  the  fact,  that  the  venerable  author  only  refers  to 
worship  of  certain  idols  in  a  certain  quarter,  and  not  to  compulsory  residence  therein, 
of  certain  kinds  of  working  men.  Nowhere  doe9  he  say  that  the  "Amantecas  "  wer 
all  featherworkers.  He  mentions  a  barrio  "Amatlan "  or  "Amantla."  Might  it  be 
the  "Amanalco"  of  Vetancurt?  Compare  also  Torquemada  (Lib.  VI.  cap.  XXX,  pp. 
59  and  60),  Motolinia  (Trat.  I,  cap.  XII,  pp.  67  and  68).  "  FA  conquistador  Anonimo" 
(Col.  de  Doc.  Vol.  I).  "  Le  pinzze  de  i  mercati,"  (pp.  392  and  393).  although  concerning 
the  markets  exclusively.  Herrera  (Dec.  Ill,  lib.  IV,  p.  138,  cap.  138),  "  i  estos  an  da  ban 
por  los  Barrios,  porqtte  en  ellos  havia  de  todo  genero  de  gentes."  Copied  after  Zurita 
Vetancurt  (Part  II,  Trat.  I,  cap.  IV),  Clavigero  (Lib.  VII,  cap.  LI,  p.  501). 


601 

compelled  him  to  do  it.70  It  is  true,  that  such  as  formed  gold  or 
silver  into  pleasing  or  (as  viewed  from  eastern  notions  of  taste) 
rather  striking  shapes,  enjoyed  some  particular  consideration ; 
but  this  was  not  so  much  in  deference  to  their  skill,  as  to  the 
material  upon  which  they  exerted  it.  Gold  ("teo-cuitlatl")  and 
silver  ("  Iztac-teo- cuitlatl")  were  regarded  as  "offal  of  gods." 
Thus  they  became  objects  of  "  medicine,"  and  those  who  wrought 
them  into  useful  or  decorative  articles,  were  near  to  the  "medicine- 
men "  themselves.71  Furthermore,  the  manner  and  method  of 
working  was  so  slow,  it  relied  so  exclusively  upon  that  patient 
disregard  of  time  which  characterizes  even  the  manufacture  of 
a  simple  arrowhead,  that  no  accumulation  of  wealth  could  result 
from  it.72  Besides,  the  artisan  had,  like  any  other  member  of 
the  kin,  to  furnish  his  share  towards  the  requirements  of  public 

70  Zurita  ("  Rapport,  etc  ,"  p.  129).  "  Les  chefs  inferienrs  et  les  personnes  du  peuple 
elevaient  aussi  leurs  enfants  avec  beaucoup  de  soin,  leur  inspiraient  l'horreur  du  vice, 
lew  recommandaient  le  respect  des  dieux,  les  conduisaient  aux  temples  et  les  faisaient 
travailler  suivant  leurs  dispositions;  cependant,  en  general,  le  flls  embrassait  la  pro- 
fession de  son  pere."  Gomara  ("  Conquista,  etc.,"  Vedia,  Vol.  I,  p.  438).  "  Los  pobres 
enscnaban  &  sus  hijos  sus  oflcios,  no  porque  no  tuviesen  libertad  para  mostralles  otro, 
sino  porque  los  aprendiesen  sin  gastar  con  ellos."  Carlos  Maria  de  Bustamante. 
Tezcoco  en  los  ultimos  Tiempos  de  sus  anliguos  Reyes"  1826.  Parte  tercera,  (Cap.  Ill, 
p.  212).  "Ensenaban  ademas  los  oflcios  a  que  tenian  aflcion."  Clavigero  (Lib.  VII, 
cap.  V,  p.  462).  "  The  sons  generally  learned  the  trade  of  their  luiuers,"  but  they 
were  not  bound  to  do  it,  and  therefore  no  "  caste." 

71  The  words  are  composed  of:  "Iztac,"  white  object  (Molina  II,  p.  49).  "Teotl" 
god  (II,  p.  101),  '•  Cuitlatl"  tilth,  therefore  gold  was  "offal  of  God,"  and  silver, 
"white  offal  of  God." 

The  working  of  gold  and  silver  was  regarded,  by  the  Mexicans,  as  an  invention  of 
"  Quctzaloohuatl."  Sahagun  (Lib.  Ill,  cap.  Ill,  p.  243),  "  y  los  vasallos  que  tenia  erau 
todos  oflciales  de  artes  mecauicas,  y  diestros  para  labrar  las  piedras  verdes,  que  se 
Daman  chalchivites,  y  tambien  para  fundir  plata,  y  hacer  otras  cosas;  y  estas  artes 
todos  tuvieron  principio  y  origen  de  1  dicho  Quetzalcoatl  "  (Also  Lib.  X,  cap.  XXIX, 
p.  113,  etc.)  Theft  of  gold  or  precious  stones  was  punished  by  death  through  sacrifice. 
Clavigero  (Lib.  VII,  cap.  XVII,  p.  467).  Vetancurt  (Parte  11a,  Trat.  V,  p.  484.  '■  Leyes 
do  los  Mexicanos  "). 

72  A  very  remarkable  way  of  manufacturing  their  most  admired  works  — those  made 
of  feathers  — is  reported  by  Mendieta  (Lib.  IV,  cap.  XII,  pp.  405  a-id  406):  "And  there 
is,  besides,  something  else  to  notice  of  this  featherwork,  namely:  that  if  there  are 
twenty  artisans,  they  will  undertake  jointly  the  manufacture  of  one  piece  ('•  iinagen  "), 
for,  dividing  among  themselves  the  figure  of  the  image  in  as  many  parts  as  there  are  of 
their  number,  each  one  takes  his  piece  home  and  finishes  it  there.  Afterwards  they  all 
meet  again  and  put  their  pieces  together,  thus  finishing  the  figure  in  as  perfect  a 
manner  as  if  one  alone  had  made  the  whole."  (Copied  by  Torquemada,  Lib.  XIII, 
cap.  XXXIV,  p.  489,  and,  with  slight  variations,  also  by  Vetancurt,  Vol.  I,  p.  389.)  In 
regard  to  the  manner  of  working,  Torquemada  (Lib.  XIII,  cap.  XXXIV,  p.  487),  makes 
the  pertinent  remark:  "All  this  they  worked  (as  we  have  said)  with  other  stones,  and 
with  flint;  and  according  to  the  subtlety  of  the  work,  I  think  they  must  have  spent  long 
time  in  finishing  it."  See  in  general  E.  B.  Tylor  ("  Researches  into  the  Early  History  of 
Mankind,"  Cap.  VII,  pp.  187  and  188),  also  Motolinia  (Trat.  I,  cap.  IV,  pp.  31  and  32). 


602 

life:73  hence  little  was  left  to  him  beyond  his  legitimate  wants. 
We  see  thus,  that  hardly  any  chance  was  given  for  the  formation 
of  a  class  which,  resting  upon  the  kind  of  occupation,  might 
assume  the  position  of  ''caste"  in  the  organization  of  aboriginal 
Mexican  society. 

It  is  repeatedly  asserted,  and  on  high  authority,  that  the  mer- 
chants or  traders  of  Mexico  enjoyed  particular  privileges.  We 
must  premise  here  that  merchants,  in  the  sense  of  venders  of 
other  people's  manufactures  or  products  (thus  living  off'  of  the 
difference  between  cost  and  proceeds)  were  known  only  in  one 
way.74     The  name  for  merchant  was  "man  who  exchanges  one 

73  That  the  artisans  or  mechanics  contributed  a  portion  of  their  wares  in  the  shape 
of  tribute,  is  amply  proven.  See  for  instance,  Oviedo  (Lib.  XXXIII,  cap  LI,  p.  530. 
Easily  misunderstood!)  This  passage  of  Oviedo  explains  tie  action  of  "  wrathy 
chief"  towards  the  "jewellers  "  and  "goldsmiths  "  at  the  arrival  of  Cortes,  as  related 
by  Tezozomoc,  Dm  an,  and  by  Sahagun.  See  also:  Zurita  ("  Rapport,  etc.,"  p.  223). 
Bustamante  ("  Tezcoco,  etc.,"  Parte  III,  cap.  V,  p.  232).  Herrera  (Dec.  Ill,  lib.  IV,  cap. 
XVII,  p.  138).  Clavigero  (Lib.  VII,  cap.  XV,  p.  480).  Bancroft  (Vol.  Ill,  cap.  VI,  pp. 
231  and  232). 

74  The  existence  of  currency,  or  of  money,  in  the  shape  of  grains  of  cacao,  T  shapen 
pieces  of  tin  or  copper,  and  quills  filled  with  gold  dust  is  generally  admitted.  See 
for  instance,  Prescott  ('■  Conquest  of  Mexico,"  Book  IV,  cap  II,  p.  140).  H.  H.  Bancroft 
(Vol.  II,  cap.  XII,  pp.  381,  382,  and  383).  Cacao  played,  among  the  ancient  Mexicans, 
the  same  role  as  "wampum"  did  among  the  northern  Indians,  for  purposes  of  ex- 
change, but  did  not  go  beyond  it.  In  regard  to  the  so-called  copper  or  tin  coins,  or 
rather  .marks  or  checks,  it  is  well  to  examine  the  matter  more  closely.  Cortes  ("  Carta 
Quarto,"  in  Vedia  I,  p.  Ill),  says  very  positively  that  at  Tachco,  he  obtained 
sundry  small  pieces  of  tin  like  very  thin  money  ("ft  manera  de  moneda  muy  delgada  "),' 
which  he  indeed  found  to  have  been  used  as  currency  by  the  natives,  ("  hallo  que  en 
dicha  provincia,  aim  en  otras,  se  trataba  por  moneda  ").  Bernal  Diez  (Cap,  XCII,  p. 
89,  Vedia  II)  mentions  axes  of  •'  brass,  copper,  and  tin  "  ("hachas  de  laton  y  cobre  y 
estafio"),  bartered  at  the  market  place  of  Tlatelulco,  "  and  before  we  left  this  square 
(•"  plaza")  we  met  with  other  traders,  who  from  what  they  said,  sold  gold  in  grains  as 
they  obtained  it  from  the  mines,  and  enclosed  in  quills  of  the  geese  of  the  land,  and  so 
thin  ("  asi  blancos"  so  white)  that  the  gold  might  be  seen,  and  by  the  length  and  size 
of  the  quills  they  determined  how  many  mantles  or  "jiquipiles"  (bags  of  8000  grains) 
of  cacao  they  were  worth,  or  slaves,  or  any  other  things  for  which  they  bartered  it," 
("  6  otra  qualquier  cosa  a  que  lo  trocaban  ").  Gomara  ("  Conquista,  etc.,"  pp.  348  and 
349).  "  But  the  chief  one  is  cacahuatl,  which  serves  as  coin.  .  .  ."  "  Their  buying  and 
selling  consists  in  exchanging  one  thing  for  another.  .  .  ."  (Id.,  p.  451).  "No  tenian 
moneda,  teniendo  inucha  plata,  oro  y  cobre,  y  sabiendolo  hundir  y  labrar,  y  contratando 
mucho  en  ferias  y  mercados.  Su  moneda  usual  y  corriente  es  cacauatl  6  cacao." 
Oviedo  (Lib.  VIII,  cap.  XXX,  pp.  31(i,  317.  Lib.  XXXIII,  cap.  LI,  p.  536)  mentions  only 
cacao  as  currency.  Torguemada  (Lib.  XIV,  cap.  XIV,  p.  260).  "  It  was  customary  at 
these  marts  ('en  estos  mercados')  to  exchange  (•trocar')  one  thing  for  another,  and 
even  nowadays  this  is  sometimes  practised;  but  everywhere  cacao  is  most  commonly 
used.    In  other  parts  they  used,  besides,  some  small  mantles  which  they  call  Patol- 

quachtli Elsewhere  they  used  plentifully  some  copper  coins,  almost  like  unto 

("  de  hechura")  a  Tau  T,  two  or  three  fingers  wide  and  made  of  thin  plates  (•'  plan- 
chuela")  some  thicker,  other  less  thick.  Where  there  was  much  gold  ("  donde  avia 
mucho  Oro"),  small  quills  filled  with  it,  circulated  among  the  Indians,"  ("traian  unos 
Canutillos  de  ello,  y  andaba  entre  los  Indios  mucho  de  esto").    Alonzo  Zicazo  ("  Carta 


603 

thing  for  another"  ("tlanamacani"),75  and  snch  was  every  arti- 
san, since,  in  the  market  place  of  aboriginal  Mexico,  every  artisan 
bartered  his  own  manufactures  for  whatever  he  needed  for  sub- 


al  Padre  Fray  Luis  de  Figueroa."  Santiago  de  Cuba,  1 1  Nov.,  1521.  Col.  de  Doc.  Vol.  I, 
p.  361).  "Hay  una  moneda  entre  ellos  con  que  venden  y  compran,  que  se  llama 
cacahuate,  .  .  ."  Anonymous  Conqueror  (p.  3S0,  etc.)  mentions  Cacao,  "e  e  moneta  la 
pin  comune,  ma  niolto  incomoda  dopo  l'oro  e  l'argento  ....  Acosta  (Lib.  IV,  cap.  3, 
p.  198)  •'  No  se  halla,  que  los  Indios  usassen  oro,  ni  plata,  ni  metal  para  moneda,  ni 
para  precio  de  la  cosas,  usauanlo  para  ornato,  como  esta  dicho."  The  statement  of 
Torquemada  is  plain.  While  it  explains  the  gradual  ascent  and  development  of  the 
notion  that  the  Mexicans  had  an  equivalent  to  money,  it  clearly  proves  that  only  barter 
and  exchange,  and  no  actual  buying,  took  place.  The  copper-plates  which,  as  Mr.  Ban- 
croft justly  remarks,  "  constituted  perhaps  the  nearest  approach  to  coined  money," 
still  were  not  intended  even  for  such  a  purpose,  since  they  were  of  varying  size  and 
thickness.  But  the  story  of  the  copper  or  golden  "-Eagles"  given  to  the  Mexican  traders 
as  money  wherewith  to  buy,  as  faithfully  reported  and  gravely  discussed  by  Mr.  Ban- 
croft also,  deserves  some  special  ventilation.  This  story  is  taken  from  Sahagun  (Lib. 
IX,  cap.  II,  p.  342)  "  y  dabales  ItiOO  toldillos,  que  ellos  Hainan  quauhtli  para  rescatar." 
These  toldillos  they  divided  into  two  parts  of  800  each.  Now  Sahagun's  editor,  Sv. 
C.  M.  de  Bnstamante,  very  confidently  asserts  in  note  a,  (p.  342):  '-Era  una  moneda 
que  consistia  en  unos  pedazos  de  cobre  cortados  en  figura  de  T. —  Clavigero,  torn.  I,  pag. 
349."  The  reference  to  Clavigero  is  for  Lib.  VII,  cap.  XXXVI.  Now  "Toldillo"  is 
derived  from  "  toldar"  that  is,  to  shroud  or  cover,  and  means  merely  a  cover,  and  not  a 
piece  of  metal.  Used  also  for  a  covered  litter  or  portable  chair.  Besides,  "  quauhtli  " 
indeed  signifies  Eayle,  but  it  is  an  evident  misprint  and  should  read  "quachtli,"  which 
signifies  a  mantle  or  sheet,  thus  perfectly  agreeing  both  with  the  ''toldillo"  and  with 
the  '•  patolquachtli"  of  Torquemada.  The  '-golden  eagles"  of  Mr.  Brasseur  are 
therefore  rendered  utterly  useless. 

Anyone  reading  Tezozomoc  will  see  at  a  glance  what  a  conspicuous  part  these 
mantles  "Quachtli,"  (Molina,  II,  p.  84)  played  in  intercourse  and  barter.  According  to 
Ilami'ez  de  Fuenleal  (Letter,  etc.,  Col.  de  Doc's  cone,  le  Mexique,  I,  p.  251)  they 
formed  to  a  certain  extent  the  basis  of  tribute.  These  cotton-sheets  are  well  described 
by  Peter  Martyr  ('•  De  nouo  Orbe."  Dec.  V.,  cap.  X,  p.  230) :  "Concerning  the  shape  and 
fashion  of  their  garments,  it  is  ridiculous  to  behold  :  they  call  it  a  garmente,  because 
they  couer  themselves  therewith,  but  it  hath  no  resemblance  with  any  other  garment, 
of  any  fashion  :  it  is  only  a  square  couering  like  unto  that,  which  your  holiness  cast  on 
your  shoulders,  sometimes  in  my  presence,  when  you  are  about  to  kimbe  your  heade, 
to  preserve  your  garments,  least  haire,  or  any  other  filth  should  fal  upon  them.  That 
couering  they  cast  about  their  necke.  ami  then  knitting  two  of  the  four  corners  under 
their  throate.  they  lette  the  couering  hang  downe,  which  scarce  couereth  the  bodie  as 
lowe  as  the  legges.  Having  seen  these  garments  1  ceased  to  wonder,  that  so  great  a 
number  of  garments  was  sent  to  Cortes,  as  we  mentioned  before:  for  they  are  all  of 
small  moment,  and  many  of  them  take  uppe  but  little  roome." 

With  the  absence  of  money  the  profession  of  merchant  as  one  who  lives  from  the 
profits  ot  his  sales,  becomes  limited  almost  to  what  he  can  gather  from  outside  of  his 
own  community,  in  other  words,  to  what  he  can  import.  Their  main  and  almost  exclu- 
sive business  consisted  in  effecting  intercourse  between  the  tribes.  At  home,  every 
artisan  sold  or  rather  exchanged  his  own  wares  in  the  public  markets.  See  Cortes 
("Carta  Segunda,"  Vedia  I,  pp.  32  and  33),  Bernal  Diez  (••Hint,  verdad.,"  etc.,  Vedia  II, 
p.  8i),  cap.  XCII),  Gomara  ("Conquista,"  p.  348,  Vedia  I),  "Cada  oficio  y  cada  mercade- 
ria  tiene  su  lugar  seiialado  .  .  .  .",  Sahagun  (Lib.  X,  cap.  XVI,  p.  41),  "El  que  vende 
piedras  preciosas,  6  lapidai  io  es  de  esta  propriedad,  que  sabe  labrar  sutilmente  las  pie- 
dras  preciosas  y  pulirlas.  .  .  ."  He  mentions  as  manufacturers  of  their  own  goods 
the  following:  "plateros  de  oro"  (41),  "Tratantes  en  im.ntas"  (Cap.  XVII,  42),  "que 
venden  mantas,"  "  que  venden  cotaras"  (Cap.  XX,  pp.  48,  49  and  51),  "olleros,"  "  que 

4* 


604 

sistance.  Another  name  for  the  same  profession  was  "  man 
who  takes  more  than  he  gives"  "tiamicqui,"76  a  surname  or 
i  slur.  Lastly  they  were  called  'l  puchtecatl."77  It  is  with  this 
title  that  traders  appear,  among  the  ancient  Mexicans,  as  privi- 
leged people.  But  such  they  became  always  only  under  peculiar 
circumstances.  At  certain  intervals  of  time  a  number  of  men 
gathered,  forming  a  company  for  the  purpose  of  visiting  the 
market  places  of  other  tribes  and  exchanging  their  home  products 
for  those  of  distant  regions.  Such  an  enterprise  was  always  a 
great  venture,  and  required  a  peculiar  organization.  The  par- 
ticipants were  to  be  numerous  enough  to  resist  the  assaults 
of  straggling  bands,  but  they  should  not  appear  so  numerous 
as  to  arouse  suspicion.  They  should  be  well  aimed,  but  at 
the  same  time  anxious  to  avoid  collision.  They  needed  a 
certain  number  of  carriers,  not  only  for  the  wares  which  they 
took  along,  but  for  their  supplies,  still  the  number  of  these 
carriers  could  not  be  too  great.  Such  an  expedition  was  in 
reality  not  a  private,  but  a  tribal  undertaking.  Its  members  not 
only  carried  into  distant  countries  the  industry  of  their  tribe, 
but  they  also  had  to  observe  the  customs,  manners,  and  resources 
of  the  people  Avhom  they  visited.  Clothed  with  diplomatic  at- 
tributes, they  often  were  less  traders  than  spies.  Thus  they 
cautiousl}'  felt  their  way  from  tribe  to  tribe,  from  Indian  fair  to 
Indian  fair,  exchanging  their  stuff  for  articles  not  produced  at 
home,  all  the  while  carefully  noting  what  might  be  important  to 
their  own  tribe.  It  was  a  highly  dangerous  mission.  Frequenth' 
the}'  never  returned,  being  waylaid,  or  treacheronsty  butchered 
even  while  enjoying  the  hospitality  of  a  pueblo  in  which  they  had 
been  bartering. 

The  safe  return  however  of  such  a  party  to  the  pueblo  of 
Mexico  was  always  an  important  and  joyful  event.  The  recep- 
tion was  sometimes,  in  solemnity  of  exercises  and  in  barbarous 

venden  comales,"  "que  venden  cestos,"  "  que  venrle  petaeas  "  (Cap.  XXIII.  p.  56,  etc.). 
"oflcial  de  navajas,"  '-Los  que  hacen  esteras  "  (Cap.  XXI V,  p.  09).  lu  general,  nearly 
all  the  aboriginal  manufacturers  are  mentioned  by  him  also  as  selling  the  products  of 
their  industry,  and  vice  versa.     H.  H.  Bancroft  (Vol.  II,  pp.  383  and  38),  cap.  XII). 

75  Molina  ("  Focabidario " Parte  la,  p.  84).  "  Tlanamacac,"  "tendero,"  "  a  vcndedorde 
algo,"  Parte  Ila,  p.  127;  "nite-tlananiictia,"  "  dar  o  trocar  una  cosa  por  otra,  o  recom  ■ 
pensar"  (p.  1-27,  II).    Exchange  and  sale  appear  almost  synonymous. 

7« Molina  (Parte  la,  p.  81).    From  "nite-tiamicaquitia,"  "mohatiar"  (II.  p.  112). 

t>  Molina  (I,  81),  also  (II,  83,  84).  Sahayun  (Lib.  IX,  cap.  Ill,  p.  318,  cap.  V,  pp.  354, 
355,  cap.  X,  p.  372,  etc),  calls  them  also:  ••  naoaloztomeca,"  literally  "  peddlars  of  the 
Kahuatl."    Molina  (II,  p.  78).    The  derivation  of  both  words  I  am  unable  to  give. 


605 

pomp,  second  only  to  that  of  the  tribal  forces  returning  from  a 
successful  campaign  or  foray.  The  traders  went  first  to  the 
central  place  of  worship,  there  to  stoop  before  the  idols  in  token 
of  adoration.  From  the  great  "medicine-lodge"  the  band  re- 
paired to  the  "tecpan,"  where  they  met  the  council  of  the  tribe 
and  its  leading  officers.  Sometimes  in  presence  of  a  concourse 
of  people,  and  again  if  required,  in  "secret  session"  the  traders 
communicated,  for  the  benefit  of  the  tribe,  any  results  of  their 
explorations.  After  this  their  particular  quarters  gave  them  ap- 
propriate receptions  also,  and  in  some  instances  even  the  whole 
tribe  celebrated  their  return  with  solemn  dances,  and  a  distri- 
bution of  victuals  corresponding  to  what  in  our  time  would  be 
called  a  popular  feast. 

In  order  to  realize  the  substantial  results  of  such  expeditions 
we  must  bear  in  mind,  that  whatever  they  brought  back  had  to 
be  carried  by  men.  As  already  intimated,  the  number  of  these 
men  was  limited.  They  could  not,  without  jeopardizing  the 
object  of  their  mission  or  enterprise,  take  large  bodies  of  assist- 
ants along.  Besides,  as  these  assistants  also  had  to  carry  their 
own  food,  providing  for  many  journeys  through  uncultivated 
("neutral")  wastes,  this  also  restricted  the  amount  of  material 
brought  home.  However  precious  that  material  might  be  to  the 
Mexican  tribe,  it  was  certainly  limited  in  quantity.  Finally, 
custom  demanded  that  the  most  highly  priced  articles  should  be 
offered  up  to  worship,  to  the  stores  of  the  tribe  and  of  the  kins. 
Little  material  gain  therefore,  remained  to  the  courageous  trav- 
ellers themselves.  The  proceeds  of  their  enterprise  were  largely 
fur  the  benefit  of  the  community  and  the  reward  bestowed  upon 
them  by  that  community  rather  than  the  profits  derived  from  any 
traffic,  composed  the  personal  gain  of  the  participants.  This  re- 
ward consisted  of  presents  out  of  the  public  stores,  and  especially 
in  the  marks  of  distinction  bestowed  upon  them. 

Thus  the  so-called  "merchants"  of  ancient  Mexico  became 
equivalent  to  distinguished  braves,  and  their  deeds  entitled  them 
frequently  to  the  rank  of  chiefs.  But  if,  on  one  hand,  they  had 
no  opportunity  to  secure  anything  like  personal  wealth,  on  the 
other  the  rewards  of  merit  did  not  attach  to  their  offspring.  No 
class  of  traders,  no  caste  of  merchants,  can  therefore  have  existed, 
and  if  a  certain  well-earned  consideration  attached  itself  to  the 
person   of   those   who    embraced   occasionally   such   a   hazardous 


606 

and  important  occupation,  this  consideration  did  not  go  beyond 
the  persons  themselves,  and  was  in  proportion  to  the  value  of  the 
achievements.78 


•a  Prescott  ("Conquest,"  Book  I,  cap.  V,  p.  147).  Bancroft  (Vol.  II.  cap.  XII,  p.  387, 
etc.).  Bastian  ('•Culturlaeniler,"  Vol.  II,  pp.  (i!)7  and  098)  and  others  like  Brasseur  de 
Bourbourg  ('•Histoire  des  Nations  civilisees  du  Mexique  et  de  V  Amtrique  Centrale"  1857- 
1859,  Paris,  Vol.  Ill,  p.  612,  etc.),  have  given  more  or  less  detailed  descriptions  of  the 
Mexican  mode  of  traffic  and  commerce.  Among  the  older  sources,  and  those  which 
necessarily  formed  the  basis  of  my  imperfect  sketch,  the  leading  position  is  occupied 
by  Father  Sahagitn  (Lib.  IX.  Vol.  II,  ''Historia  general  de  la  Cosas  de  Nueva- Espana). 
From  these  statements  we  gather,  what  has  already  been  said  (note  58),  that  the  Tlati- 
lulca  were  the  leading  traders  (Cap.  I,  pp.  3:55,  330),  and  that  they  were  organized  and 
directed  by  particular  chiefs  of  their  own.  The  venerable  father  is  not  very  clear  in 
the  matter  of  these  particular  officers,  as  (Cap.  I)  he  names  first  two  (p.  335),  then  five 
(p.  337,  cap.  II).  and  lastly  (Lib.  X,  cap.  XVI,  p.  40),  one:  •' Senor  6  Principal  entre 
ellos,"  whom  he  calls :  "  puchtecatlailbtlac,  6  acxotecatl,  que  es  tanto,  como  si 
dijesemos  que  es  gobernador  de  los  mercaderes,  y  estos  dos  nombres  y  otros  muchos 
que  estan  puestos  en  laletra,  se  atribuyen  al  que  es  mayor  principal  gobernador  6  senor 
6  que  es  casi  padre  y  madre  de  todos  los  mercaderes."  (Lib.  IX,  cap.  Ill,  pp.  348  and 
349).  he  speaks  of  "the  principals,"  "los  mercaderes  viejos"  as  "speakers  of  the 
traders"  "  pochtecatlatoque."  Further  on  (Cap.  X,  p.  372),  he  speaks  of  Lhe  "  poeh- 
tecatlailotlac  "  as  the  principals.  We  must  infer  Irom  this  that  there  were  a  number  of 
these  leading  traders,  and  not  one  chief  of  the  "  caste."  This  evidence  or  rather  indi- 
cation of  a  possible  separate  organization  is  not  noticed  by  Torquemada  (Lib.  XIV, 
cap.  XXVII,  p.  5S(i),  who  simply  speaks  of  the  "old  traders  who  remained  at  the 
pueblo."  Clavigero  (Lib.  VII,  cap.  XXXVIII,  pp.  526  and  527)  merely  mentions  the 
older  and  the  younger  traders,  but  says  nothing  of  a  peculiar  organization.  It  is 
singular,  besides,  that  those  authors  or  more  properly  chroniclers,  in  whose  annals  of 
Mexican  warfare  the  Mexican  traders  play  a  very  conspicuous  part,  make  no  mention 
at  all  of  this  peculiar  caste-like  organization  which  Sahagun  seems  to  imply.  Those 
authors  are  Durdn  and  Tezozomoc.  (In  this  instance  I  need  not  resort  to  detailed  quo- 
tations, since  the  relerences  in  their  works  are  far  too  numerous).  Furthermore, 
Zurita,  who  is  very  detailed  in  his  "  Rapport."  or  rather  as  the  full  til le  has  it  "  Breve 
y  Sumaria  Ilelacion  de  los  Senores,  y  mantras  y  diferencias  qve  habia  de  ellas  en  la  Nueva 
Espana,"  while  enumerating  carefully  the  different  kindsof  chiefs  and  officers,  is  rather 
reticent  about  any  such  organization  of  the  merchants.  Compare  for  instance,  p. 
223,  where  he  distinctly  says  that,  they  had  a  chief  to  treat  with  the  "Lords  and  gov- 
ernors" in  their  name,  and  p.  240,  where  he  incidentally  mentions  a  "chief  of  the 
merchants"  only.  Sahagun  goes  further  yet,  however,  in  stating  (Lib.  IX,  cap.  V,  pp. 
356  and  357),  that  the  merchants  had  their  own  jurisdiction  over  themselves,  apart 
from  that  of  the  tribe  or  kin  :  'y  los  senores  mercaderes  que  regian  a  los  otros,  tenian 
por  su  jurisdicion  y  judicatoria,  y  si  alguno  de  estos  hacian  algun  delito,  no  los  llevaban 
delante  de  los  senadores  ft  que  ellos  los  juzgasen;  sino  que  estos  mismos  que  eran 
senores  de  los  otros  mercaderes  juzgaban  las  causas  de  todos  por  si ;  si  alguno  incunia 
en  pena  de  muerte  ellos  le  sentenciaban,  y  mataban  6  en  la  carcel,  d  en  su  casa,  6  en 
otra  parte  segun  que  lo  tenian  de  costumbre."  This  he  distinctly  applies  to  the 
"pochtecas"  of  Tlatilulco,  and  to  the  time  when  "  wrath  y  chief"  (Montezuma  the  last), 
was  at  the  head  of  the  Mexicans.  Not  content.with  this  he  relates  (Cap.  II,  pp.  339-342), 
how  the  merchants  of  Tlatilulco  alone  conquered  several  tribes,  subjecting  them  to 
tribute  for  the  benefit  of  the  Mexicans.  In  all  these  statements  Father  Sahagun  j^tands 
quite  alone,  and,  if  not  directly  contradicted,  he  is,  at  least  so  unsupported  as  to  make  his 
reports  rather  doubtful  so  far  as  they  concern  the  organization  and  power  oFTthese 
traders  as  a  distinct  class.  The  story  has  a  suspiciously  Tlatilulcan  coloring.  Com- 
pare note  58.  It  is  interesting  to  note,  in  connection  with  this,  that  Sahagun  derived 
the  information,  the  which  he  laid  down  in  his  "Historia  general,"  almost  exclusively 


007 

After  this  review  of  the  question  of  stratification,  so  to  say, 
among  the  ancient  Mexicans,  it  may  appear  strange  on  our  part 

from  Tlatilulcan  sources  ("  Prologo,"  pp.  4  and  5,  Vol.  I).  This  diminishes  necessarily 
in  tins  instance,  the  value  of  his  otherwise  very  full  and  highly  important  testimony. 

The  existence  of  such  a  body,  powerful  through  wealth  as  well  as  through  mental 
and  intellectual  faculties  would,  even  as  much  as  nobility,  at  once  have  destroyed  the 
tribe  as  such,  by  breaking  up  the  kins.  The  inconsistency  of  such  a  picture  with  the 
historical  facts  is  glaring,  and  is  shown  even  by  the  statements  of  modern  writers. 
Compare  for  instance,  Mr.  H.  H.  Bancroft's  statement  of  the  condition  of  Tlatilulco 
after  its  capture  by  the  Mexicans  (Vol.  V,  p.  431),  ''  heavy  tributes  were  imposed,  in- 
cluding many  special  taxes  and  menial  duties  of  a  humiliating  nature"  with  his 
description  of  the  state  of  its  "  merchant  princes  "  (Vol.  II,  pp.  380  and  381).  One  fact 
is  evident:  if  the  traders  formed  occasionally,  lor  certain  purposes,  clusters  of  their 
own,  they  selected  their  own  leaders  or  directors  and  this  was  the  case  with  trading  ex- 
peditions as  well  as  with  feasts.  See  on  feasts:  Sahagun,  Lib.  IX,  cap.  Ill  to  XIV 
inclusive.  Lib.  I.  cap.  XIX,  pp.  29  to  32.  Motvlinia,  Trat.  I.  cap.  VIII.  p.  47.  Acosta, 
Lib.  V,  cap.  XXIX,  p.  389,  etc.  Torquemada,  Lib.  VI,  cap.  XXVIII.  pp.  57  and  58.  Lib. 
XIV,  cap.  XXVI I,  pp.  58H  and  587.  C'lavigero,  Lib.  VI,  cap.  VII,  p.  300.  Lib.  VII,  cap. 
XXXV11I,  p.  526,  etc.,  and  others.  But  as  to  any  separate,  permanent  government 
of  their  own,  this  rests  exclusively  upon  the  authority  of  Sahagun,  whereas  it  is  amply 
proven,  on  the  other  hand,  that  any  crime  committed  in  trade  or  barter,  was  summarily 
disposed  of  by  the  regular  officers  of  the  kin  or  tribe  without  regard  to  the  traders  or 
merchants.    We  shall  furnish  the  evidence  in  regard  to  this  point  in  another  note. 

That  the  "  pochtecas  "  occupied  but  one  calpulli,  that  of  Pochtlan,  is  also  disproved, 
and  even  by  Sahagun  himself  (Lib.  I.  cap.  XIX,  p.  31).  "En  este  calpulli  donde  se 
contaba  el  mercader."  (Lib.  IX,  cap.  Ill,  p.  347):  "  respondiante  los  mercaderes  prin- 
cipales  de  los  barrios  que  son  uno  que  se  llama  Pochtlan,  otro  Aoachtlan,  y  otro 
Atlauhco  como  esta  en  la  letra").  (Cap.  Ill,  p.  34iJ)  "  convidaban  a  solos  los  merca- 
deres de  sii  banio;  pues  el  que  habia  de  ir  por  capitan  de  la  compafiia  de  los  que  iban. 
no  solamente  convidaba  a  los  de  su  barrio,  sino  tambien  a  los  que  habian  de  ir  con  el." 
Also  by  Zurita  (" Rapport,"  etc.,  pp.  223  and  224). 

Lastly  the  question  of  wealth  amassed  in  such  quantities  as  to  become  an  influen- 
tial power  in  the  merchants'  hands,  is  also  summarily  disposed  of  by  Sahagun.  How- 
ever often  he  speaks  of  riches  gathered  by  them,  the  following  quotations  show  how 
it  must  be  understood  :  (Lib.  IX,  cap.  II,  p.  338,  Speech  of  one  ol  the  traders)  "Cuando 
lleguemos  a  nuestro  tierra,  sera  tiempo  de  usar  los  barbotes  de  aiubar,  y  las  oregeras 
que  se  Hainan  quetzalcoyoluacohtli,  y  los  aventaderos  y  ojeadores  de  nuscas,  las  man- 
tas  ricas  que  hemos  de  traer,  y  los  maxtles  preciados,  solo  esto  sera  nuestra  paga,  y 
la  senal  de  nuestra  valentia,"  (p.  341)  "  y  que  las  otras  presias  que  les  did  que  arriba  se 
dijeron,  solo  ellos  las  usasen  en  las  grandes  liestas  .  .  .  ."  It  thus  appears  that  hoard- 
ing of  any  actual  wealth  was  not  to  be  expected.  The  lack  of  currency  alone  made  it 
almost  impossible  for  want  of  space,  and  gold  and  silver  being  only  used  for  orna- 
mental purposes  and  as  a  part  of  "  medicine."  we  should  mistake  in  expecting  any- 
thing like  '-treasures."  Here,  as  anywhere  else,  the  supply  was  regulated  by  the 
demand,  and  this  demand  was  in  turn  created  by  the  numbers  of  the  population,  and 
by  the  use  made  of  the  metal.  Since  the  latter  was  used  only  in  a  few  ways,  this  had 
its  effect  on  the  amount  also.  Another  cause,  which  is  not  sufficiently  estimated,  is 
found  in  the  fact  that  carriers  had  to  be  used  for  everything,  including  food.  Now, 
even  if  thousands  went  along  (of  which  there  is  hardly  any  proof),  the  load  of  each 
hardly  exceeded  sixty  pounds :  "  y  daban  a  cado  uno  de  estos  que  tenian  alquilados, 
para  que  llevasen  acuestas  la  carga  que  tenian  senalada,  y  de  tal  manera  las  com  para- 
ban  que  no  eran  muy  pesadas"  (Cap.  Ill,  p.  350,  Lib.  IX).  Don  Antonio  de  Mendoza 
{"Avis  sur  les  prestations  personneUes  et  les  Tamemes,  ler  Kecueil  of  Tcrnaux-Compans), 
says  in  1550,  "They  must  not  carry  any  loads  heavier  than  two  arrobas,"  or  about  fifty 
pounds.  Bartolome  de  las  Casus  (" Hrevissima  relacion  de  la  destruycion  de  las  Yn- 
dias,"  Venetia,  1643,  Italian  and  Spanish,  p.  101),  complains  of  three  to  four  aiobas  or 


608 

to  concede,  that  nevertheless  there  were  two  very  distinct  classes 
within  the  area  occupied  by  the  tribe  enjoying  each  a  very  dif- 
ferent quality  of  rights.  Now  equality  of  rights  is  the  fun- 
damental principle  of  kinship  ;79  if  therefore  there  was  a  body 
connected  with  the  tribe  whose  rights  and  privileges  were  inferior, 
it  follows  that  the  members  of  this  body  must  have  stood  outside 

seventy-five  to  one  hundred  pounds,  as  an  excessive  load.  Clavigero  (Lib.  VII,  cap. 
XL,  p.  529),  sixty  pounds. 

To  conclude,  I  advert  to  the  fact  that  the  traders  were  held  to  tribute  and  especially 
to  offerings  for  worship,  as  strictly  as  any  other  members  of  the  tribe.  I  merely  refer 
to  Herrera  (Dec.  Ill,  Lib.  IV,  cap.  XVII,  p.  138),  who  embodies  in  a  few  words  the 
statements  of  other  writers.  Mbtolinia  (Trat.  I.  cap.  IV,  p.  76),  "  No  se  desvelan  en 
adquirir  riquezas,"  and  further  on  to  p.  77;  also  (Trat.  I,  cap.  IV,  p.  31),  "  otros  trabaja 
ban  y  adquinan  dos  6  tres  alios  cuant  >  podian,  para  hacer  una  fiesta  al  demonio,  y  en 
ell.t  no  solo  gastabau  cuanto  ten; an,  mas  ami  se  adeudaban".  The  picture  of  the 
trading  expedition  is  mainly  taken  from  Sahagun  (Lib.  IX,  cap.  II,  111,  IV)  and  Torque- 
mada  (Lib.  XIV,  cap.  XXVII).  The  reception  only  applies  to  cases  of  great  impor- 
tance. But  every  departure  of  a  merchant  as  well  as  his  return  was  feasted  by  the 
traders  of  Ins  "  barrios,"  sometimes  with  the  concurrence  of  other  barrios  and  of  the 
chiefs  and  officers. 

That,  in  consequence  of  their  deeds,  the  merchants  and  traders  were  treated  with 
distinction  and  created  chiefs,  follows  from  Sahagun  (Lib.  I,  cap.  XIX,  pp.  30  and  31), 
"  para  que  fuese  honrado  en  el  pueblo,  y  tenido  per  valiente:  pouianle  uu  barbote  de 
iimbar,  que  es  una  piedra  larga  amarilla  traspaiente,  que  cuelga  del  beso  bajo,  ahuje- 
rado,  en  serial  de  que  era  valiente  y  era  noble,  y  e*to  se  tenia  en  mncho."  But  espe- 
cially (Lib.  IX,  cap.  II.  pp.  33&-34I),  "  Estos  mercaderes  eran  ya  como  caballeros,  y 
tenian  divisas  pai  ticnlares  por  sus  hazanas").  "Des  Ceremonies  observe rs  autrefois  par 
les  Indiens  lorsqu'ilsfaisaient  un  tecle"  (Ternaux.  \er  Recueil,  pp.  233  and  231).  The  cus- 
tom of  giving  the  rank  of  chief  ("tecuhtli")  to  traders  remained  after  the  conquest 
when  the  chief  became  transformed  into  the  Spanish  hidalgo  in  consequence  of  a  mis- 
conception of  the  former  dignity.  This  is  shown  plainly  by  the  arch-bishop.  Fray 
Alonzo  de  Montu far  ("S applique  a  Charles  V  en  fareur  des  Maceuales,  Mexico.  30  Nov. 
1551,  French  translation  by  Mr.  Teinaux,  Appendix  to  his  "Cruautes  horribles  des  Con- 
quirants  du  Mexique,"  p.  257;.    It  was  done  to  evade  taxation. 

Thevtruo .position  of  the  .Mexican  jraders_in  their  tribe  and  society  is  also  stated 
plainly  by  Sahagun  (Lib.  I,  cap.  XIX,  p.  30):  ''Son  estos  mercaderes  sufridores  de 
muchos  trabajos,  y  osados  para  entrar  en  todas  las  tierras  (aunque  sean  las  de  enemi- 
gos)  y  may  astutos  para  tratar  con  los  estrafios,  asi  aprendiendo  sus  lenguas,  como 
tratando  con  ellos  coii  benevolencia  para  atraerlos  asi  con  su  familiaridad."  (Lib.  IX, 
cap.  II,  p.  33!))  "pues  que  aunque  nos  llamamos  mercaderes  y  lo  pareceinos,  somos  sol- 
dados  cpie  disiinuladamente  andamos  a  conquistar."  (Id.,  p.  341)  "  Los  dichos  merca- 
deres del  Tlaltelolco  se  llaman  tambien  capitanes  y  soldados  disiinulados  en  habito  de 
mercaderes  que  andaban  por  todas  parte.-."  (p.  312)  "Cuando  quiera  que  el  senor  de 
Mexico  queria  enviar  a  los  mercaderes,  que  eran  capitanes  y  soldados  disiinulados  a 
alguua  provincia  para  que  la  atalayasen."  Zurita  ("Kapport,"  etc.,  p.  223)  "  lis  jouis- 
saient  de  certains  privileges,  parceqne  lenr  profession  etait  utile  a  l'etat."  This  is 
textually  copied  by  Bustamante  ("  Tezcoeo,"  Parte  1  Ila,  cap.  V.  p.  232).  They  were  fre- 
quently but  official  spies  and  used  as  such,  not  only  by  the  Mexicans,  but  against  the 
Mexicans  by  foreign  tribes.  Mendieta  (Lib.  II,  cap.  XXVII,  p.  130)  copied  by  Torque, 
mada  (Lib.  XIV,  cap.  II,  p.  538). 

79  L.  H.  Morgan  (-Ancient  Society,"  Part  II.  cap.  II,  p.  85,  in  relation  to  Iroquois 
more  particularly).  Among  the  ancient  Germans  or  Teutons,  see  Heinrich  Laden. 
(•'  Geschichte  des  teutschen  Volkes,"  1825,  Vol.  I,  Lib.  Ill,  cap.  V,  on  the  "  Gau,"  pp. 
402  and  403). 


609 

of  any  connection  by  kin.  This  presupposes  a  class  of  outcasts 
from  the  bond  of  kinship. 

There  is  no  evidence  of  the  formation  of  such  a  cluster  prior 
to  the  permanent  settlement  of  the  tribe.  Neither  can  we  trace 
its  gradual  increase  from  a  given  time.  But  a  glance  at  some  of 
the  rules  of  kinship,  and  at  the  practical  working  of  these  rules 
finally  crystallizing  into  an  equivalent  for  laws,  will  enable  us  to 
discern  its  origin. 

The  relation  of  sexes  being  at  the  bottom  of  society  based 
upon  kin,  it  follows  that  sexual  intercourse  gradually  assumed  a 
regulated  shape,  proportionate  to  the  progress  in  institutions. 
The  ancient  Mexicans  had,  as  we  have  already  established,  ad- 
vanced into  descent  in  the  male  line,  and  had  secured  a  nascent 
state  of  the  modern  family.  Marriage  was  well  known  to  them 
as  a  rule.  But  so  powerful  was  the  influence  exercised  by  the  kin, 
as  unit  of  public  life  that,  once  the  ritual  union  of  a  couple  ac- 
knowledged as  a  necessity  for  future  joint  life,  it  exacted  of  its 
male  members  the  obligation  to  marry  for  the  purpose  of  propa- 
gating and  increasing  the  kin.  Only  such  as  were  naturally  help- 
less, and  such  as  in  view  of  "  medicine"  made  vows  of  permanent 
chastity,  were  excused.  Any  other  youth  therefore,  who  refused 
to  take  a  wife  at  the  proper  age,  was  treated  with  contempt  ami 
consequently  expelled  from  the  kin.80 

Woman,  among  the  aboriginal  Mexicans,  was  in  a  singular 
predicament.  Through  the  establishment  of  descent  in  the  male 
line  she  lost  her  hold  on  public  life,  (which  she  latterly  regained 
through  the  establishment  of  the  family  proper)  and  thus  remained 
little  else  than  a  chattel  in  the  power  of  man.  Still,  the  ritual  act 
of  marriage  being  once  adopted,  the  same  obligation  to  marry, 
which  we  have  already  found  incumbent  upon  the  male,  also 
devolved  upon  the  female,  and  any  girl  therefore,  who  did  not 
"take   vows"  for   "medicine,"    or   who   was   physically  not   mis- 

80  Clarigero  (Lib.  VII,  cap.  V,  p.  461).  Zurita  ("Rapport,  etc.,"  pp  133  and  131) 
"s'ils  ne  voulaient  pas  prendre  des  femmes,  on  les  congediait."  MemHctu  (Lib.  II, 
cap.  XXIV,  p.  125),  "Llegados  a  la  edad  de  casarsc,  ....  Si  pasando  la  edad  so 
descuidaban,  y  veian  que  no  se  qnerian  casar.  tresqnilabanlos,  y  despedianlos  de  la 
compaiiia  de  los  mancebos."  This  meant  exclusion  from  the  kin  since,  as  soon  as  they 
were  married,  "  they  were  classiiied,  since,  according  to  their  custom,  they  were 
divided  into  sections  each  of  which  had  a  chief  or  captain,  as  well  for  the  collection  of 
tuxes  as  for  other  reasons."  These  "chiefs  or  captains"  were  those  of  the  ealptdli. 
Zurita,  (p.  135).  also  Bustamante,  (••  Tezcoco^  Part  III.  cap.  Ill,  p.  213),-    "Cuando  se 

easaban  los  empadronaban "     Torquemada  (Lib.  IX,  cap.  XII,  p.  186,  almost  a 

copy  of  Meudieta). 


610 

shapen,  if  she  did  not  join  a  husband  at  the  proper  age,  was 
also  regarded  as  a  reprobate.81 

To  these  two  kinds  of  outcasts  others  should  be  added.  It  is 
a  known  fact  that,  if  any  member  of  a  calpulli  failed  to  cultivate 
his  garden  lot  for  two  years,  or  if  he  failed  to  have  it  cultivated 
under  his  name,  then  he  lost  every  and  all  rights  thereto.  This 
implied  expulsion  from  the  calpulli,  consequently  again,  expulsion 
from  the  bond  of  kinship.  Any  one  who  removed  from  the  quar- 
ter or  calpulli  to  which  he  belonged,  lost  his  rights  thereby  ;  in 
other  words  he  became  an  outcast.82 

The  lot  of  such  people,  thrust,  as  they  were,  outside  of  the 
pale  of  regular  society,  was  an  unenviable  one.  Removal  to 
foreign  tribes  was  not  only  dangerous,  but  even  impracticable 
in  the  earlier  times,  when  the  class  came  into  existence.  Still 
they  had  to  live.  Therefore  the  males  bargained  their  services 
to  such  members  of  the  kins,  as  could  afford  to  nourish  them  in 
return  for  manual  labor.83  No  other  remuneration  but  subsistence 
could  be  thought  of.  For  the  sake  of  subsistence  therefore  the 
outcast  became,  what  the  majority  of  authorities  have  called  a 
slave. 

Fray  Juan  de  Torquemada  writes  as  follows  ;  — "The  manner,  in 
which  these  Indians  made  slaves,  was  very  different  from  that  of 
the  nations  of  Europe  and  other  parts  of  the  world.  It  was  very 
difficult  at  the  outset  of  their  conversion  to  understand  it  properly, 
but  to  make  it  clear  (especially  as  the  customs  of  Mexico,  and 
Tetzcuco  had  it,  since  other  Provinces  not  subject  to  these  king- 

81  Anonymous  Conqueror  (Vol.  I,  Col.  de  Doc,  p.  397)  "&  gente  che  stima  meno 
le  ilonne  cii  quanti  nationi  sono  al  mondo,  perchi  non  gli  eomunichereble  mai  i  latti  loro. 
an chora  che  conoseuse  che  il  farlo  gli  potesse  melter  conto."  Oviedo  (Lib.  XXXIII, 
cap.  LI.  p.  536).  See  Torquemada  (Lib.  XII,  cap.  Ill,  p.  366),  on  "  mancebas  "  in  general 
in  regard  to  women  who  refused  to  marry,  though  living  a  dissolute  life.  Also  Sahagun 
(Lib.  X.  cap.  XV,  p.  37);  Zurita  (p.  129).  If  a  girl  abandoned  her  house,  she  might 
finally  be  disposed  of  as  a  slave,  or  be  abandoned  ("on  les  abandonnait "). 

82 Zurita  (p.  5ii).  "  Le  proprietaire  qui  ne  cultivait  pas  pendant  deux  annees,  par  sa 
faute  on  par  negligence,  sans  juste  cause,  ....  etait  averti  de  les  eultiver;  et  s'il  ne 
le  faisait  pas.  l'annce  d'ensuite  on  les  donnait  a  un  autre  "  (Id.  p. 51.)  "  Si,  par  hazard, 
le  membre  d'un  calpulli  le  quittait  pour  aller  demeurer  dans  un  autre,  on  lui  retirait  les 

terres  qui  lui  avaient  ele  assignees Adopted  also  by  Herrera  (Dec.  Ill,  lib.  IV, 

cap.  XV,  p.  135).    Compare  '•  Tenure  of  Lands  "  (p  42G). 

83  Gomara  (•'  Conquinta,"  Vedia  I,  p.  411).  "  Los  hombres  necesitados  y  haraganes 
se  vendian.  .  .  .'-"  Cortes  ("Carta  Segunda,"  Vedia  I,  p.  34).  "Hay  en  todos  los 
mercados  y  lugares  piiblicos  de  la  dicha  ciudad,  todos  los  dias,  muchas  personas 
trabajadores  y  maestros  de  todos  olicios,  esperando  quien  los  alquile  por  sus  jornales." 
Torquemada  (Lib.  XIV,  cap.  XVI.  pp.  5(51  and  5U5;  and  Cap.  XVII.  pp.  505  and  566). 
Clavigero  (Lib.  VII,  cap.  XVIII.  p.  480). 

Kkpokt  Pkahodv  Museum,  II.  39 


611 

doms,  had  other  wa}rs  to  make  slaves)  we  say  :  that  many  condi- 
tions were  lacking,  to  create  them  actual  slaves.  For  of  these 
slaves  of  this  New-Spain,  some  had  means,  might  own  and  pos- 
sess them  of  their  own,  and  they  could  not  be  sold  again  except 
under  the  conditions  mentioned  hereafter.  The  service  rendered 
to  their  master  was  limited,  not  for  always,  nor  ordinary.  Some, 
upon  marrying,  became  released,  their  relatives  or  brothers  taking 
their  place.  There  were  also  skilful  slaves  who,  besides  serving 
their  masters,  still  kept  house,  with  wife  and  children,  purchasing 
and  holding  slaves  themselves.     The  children  of  slaves  were  born  I 


free/'84 

The  Mexican  term  for  slave  was,  literally  a  "purchased  man1 
("tlacotli.")  He  was  in  fact  but  a  "bondsman."  Through  a 
special  contract,  made  before  authorized  witnesses,  his  services, 
the  proceeds  of  his  labor,  and  not  his  jwson,  became  pledged  t( 
another.  The  member  of  a  kin  had  no  direct  ownership  in  him 
whom  he  employed,  he  could  not  sell  him  again  without  that 
employer's  consent,  nor  could  he  take  his  life  in  punishment 
of  crime.  If  the  latter  broke  his  contract  through  repeated 
evasion  he  might  finally  be  "collared,"  that  is,  his  neck  was 
enclosed  in  a  wooden  yoke,  by  means  of  which  he  was  fast- 
ened to  a  wall  at  night.  If  the  man  still  contrived  to  escape, 
then  he  was  turned  over  to  worship  and  sacrificed  ;  but  in  case  he 
succeeded  in  secreting  himself  in  the  official  house  without  being 
intercepted  by  his  master  or  one  of  that  master's  people,  then  he 
was  spared,  and  even  liberated  from  his  bonds.85  In  addition  to 
the  supply  furnished  to  the  class  of  outcasts  in  the  manner 
above  indicated,  there  were  accessions  to  it  from  outside.  Fugi- 
tives were  of  rare  occurrence,  since  such,  if  from  a  tribe  against 
which  war  was  waged,  were  regarded  as  precious  additions,  too 
important  to  be  ranged  among  the  outcasts.86  But  we  have 
several  instances,  in  the  ancient  history  of  Mexico,  of  destructive 
drouths  as  well  as  of  disastrous  inundations,  depriving  the  inhabi- 

«*"  Monorchia  Indiana"  (Lib.  XIV,  cap.  XVI,  p.  564). 

85  I  have  gathered  these  details  mostly  from  Torquemada  (Vol.  II,  pp.  564-566). 
Compare  besides  others,  Vetancurt  (Vol.  I,  pp.  483,  4S4,  and  485)  and  nearly  all  modern 
writers. 

86  Mendieta  (Lib.  II,  cap.  XXVI.  p.  130) :  "  Y  si  de  la  parte  contraria  salia  alguno  & 
descubrir  y  dar  aviso  como  su  seiior  6  su  gente  veuian  sobre  ellos,  al  tal  dabanle  man- 
tas  y  pagabanle  bien."  Copied  by  Torquemada  (Lib.  XIV,  cap.  II,  p.  538),  and  Vetan- 
curt (Parte  II,  Trat.  II,  cap.  Ill,  p.  384). 

4** 


612 

tants  of  the  valley  of  their  annual  crops.  In  order  to  escape 
threatened  famine,  fathers  bartered  their  services  and  those  of  their 
children  for  food,  to  such  tribes  as  possessed  sufficient  stores.87 
If  the  consequence  of  expulsion  from  the  bond  of  kinship  or 
of  voluntary  abandonment  of  the  rights  as  members,  were,  for 
the  male,  a  degradation  to  work  for  others,  it  was  altogether 
different  for  the  female.  The  position  of  women  was,  as  we 
have  already  intimated,  little  better  than  that  of  a  costly 
animal,  and  protection  was  awarded  them  only  in  so  far  as 
they  represented  a  part  of  their  husbands'  property.  This  the 
kin  itself  was  obligated  to  defend  and  protect.  The  wife,  how- 
ever, had  no  other  right  than  that.  She  could  not  complain  if  her 
lord  and  master  increased  his  "family-stock"  by  the  addition  of 
one  or  more  concubines,  nor  if  he  strayed  about  to  satisfy  his 
desires  with  other  females.  Such  acts  were  even  subservient  to 
the  kins'  interest,  since  they  led  to  an  increase  of  numbers. 
But  the  women  themselves  who  gave  their  persons  away  for  such 
purposes  could  only  belong  to  the  class  of  outcasts  ;  for  illicit 
intercourse  with  wives  and  daughters  of  the  kins  was,  as  we  shall 
hereafter  see,  severely  punished.  Through  the  formation  of  the 
class  of  outcasts,  or  at  least  along  with  it,  prostitution  became 
tolerated  among  the  ancient  Mexicans,  while  polygamy  in 
the  shape  of  concubinage  was  introduced  as  a  legitimate  custom.88 

87  Besides  the  famines  recorded  since  the  conquest,  the  older  authors  and  sources  in 
general  notice  several  (at  least  two)  previous  to  1520.  It  is  not  to  our  purpose  to 
discuss  their  dates.  They  are  given  with  the  usual  variation  and  discordance.  Thus 
for  instance,  the  "  Codex  Telleriano  Remensis  "  (Kingsborough,  Vol.  I,  plate  VII,  and 
Vol.  VI,  p.  13(i)  mentions  one  in  HOI  (1  Tochtli),  which  is  evidently  incorrect,  since  1 
Tochtli  would  be  1103.  The  Ce-Tochtli  thus  mentioned,  is  1451,  In  that  year,  Durdn 
(Cap.  XXX,  p.  245j  places  the  beginning  of  the  great  drouth  which,  after  three  years 
duration,  so  completely  exhausted  the  Mexican  stores  and  supplies  that  "  wrathy 
chief"  the  older,  ("Huehue  Motecuzuma")  told  the  people  "que  cada  uno  vaya  a 
buscar  su  remedio  "  (p.  247).  In  consequence  of  it,  it  is  reported  that  many  people 
"  sold  their  sons  and  daughters  to  the  merchants  and  principals  (sefiores)  of  the  tribes 
that  had  wherewith  to  give  them  to  eat,  and  they  gave  for  a  baby  (or  boy  rather, 
"nino")  a  small  basket  of  corn  (maiz)  to  the  father  or  mother,  obligating  themselves 
jto  sustain  the  child  as  long  as  the  lamine  might  last,  for  that  if  afterwards  the  father 
>or  mother  might  wish  to  redeem  it.  they  should  be  obligated  to  pay  these  aliments." 
This  is,  as  usual,  also  stated  by  Tezozomoc  (Cap.  XL,  p.  64),  though  with  less  details. 
Torquemada  (Lib.  II,  cap.  LXXIII,  p.  203)  reports  the  same,  but  placing  it  fifty  years 
later,  under  the  last  "  wrathy  chief"  (Cap.  CX,  p.  235)  in  1505,  A.  D.  Sahagun  (Lib.  VIII, 
cap  I,  p.  269),  agrees  with  Duran  and  Tezozomoc,  so  does  Clavigero  (Lib.  IV,  cap.  XII, 
p.  263):  "  Many  sold  themselves  for  food."  This  date  is  also  1451-1454.  It  is  singular 
that  Torquemada  (Lib.  II,  cap.  XL VII,  p.  158)  also  relates  the  famine  under  the  older 
"  wrathy  chief,"  and  his  words  are  almost  textually  copied  by  Clavigero. 

68  The  possession  of  more  than  one  woman,  or  rather  the  enjoyment  of  more  than 


613 

We  thus  witness,   among  the  ancient  Mexicans  and  beneath 
the  kins  composing  the  tribe,  a  lower  class  of  society,  a  floating 

one,  was  a  mere  matter  of  subsistence.  As  already  remarked  by  Peter  Martyr  (Dec. 
V,  cap.  X,  p.  232):  "He  further  saith,  that  the  common  sort  of  people  content  them- 
selves with  one  wife;  but  that  every  Prince  may  maintayne  harlotts  at  his  pleasure." 
Gomara  ('■  Conquista,  etc.,"  Vedia  I,  p.  438) :  "  Cuatro  causas  dan  para  tener  tantas 
mujeres:  la  primera  es  el  vicio  de  la  carne,  en  que  mucho  se  deleitan;  Is  segunda  es 
por  tener  muchos  hijos ;  la  tercera  por  reputacion  y  servicio :  la  cuarta  es  por  granjeria; 
y  esta  postrera  usan  mas  que  otros,  los  liombres  de  guerra,  los  de  palacio,  los  holga- 
zanes  y  tahures;  hacenlas  trabajar  como  esclavas,  etc."  The  same  author  adds: 
"Aunque  toman  muchas  mugeres,  a  unas  tienen  per  legitimas,  a  otras  por  amigas,  y 
a  otras  por  mancebas.  Amiga  llaman  a  la  que  despues  de  casados  demandaban,  y 
manceba  a  la  que  ellos  se  tomaban."  According  to  this  statement,  a  husband  could 
entertain  three  classes  of  women  :  one  legitimate  wife,  concubines  which  he  obtained 
with  permission  of  their  parents  and  prostitutes  or  mistresses.  Varietas  delectat! 
Torquemada,  however  (Lib.  XII,  cap.  Ill,  p.  370),  says:  "  Otra  especie  de  mancebas 
havia,  y  se  permitia,  que  era  la  que  los  Seiiores  principales,  6  las  tomaban  ellos,  o  las 
pedian  despues  de  ia  casados,  con  la  Seiiora,  y  muger  legitima,  que  Ilamaban  cihua- 
pilli."  This  reduces  the  "  stock"  to  two  kinds,  at  least.  Motolinia  (Trat.  II,  cap.  VII, 
pp.  124-128)  mentions  polygamy  as  a  rule,  and  describes  the  infinite  trouble  of  the 
priests  to  find  out  the  legitimate  wife,  assuming  it  to  be  "  aquella  con  quien  estando  en 
su  gentilidad  primero  habian  contraido  matrimonio"  (p.  127).  According  to  him  the 
first  legitimate  marriage  took  place  14  October,  1526  (p.  124).  but  nevertheless  for  three 
or  four  years  afterwards  :  "  no  se  velaban,  .  .  sino  que  todos  se  estaban  con  las  mujeres 
que  querian,  y  habia  algunos  que  tenian  hasta  doscientas  mujeres,  y  de  alii  abajo  cada 
uno  tenia  las  que  queria"  (p.  125).  In  defence  of  this  state  of  polygamy  the  Indians 
alleged  "tambien  las  tenian  par  manera  de  granjeria,  porque  las  hacian  a  todos  tejer  y 
hacer  mantas  y  otros  oficios  de  esta  manera"  (p.  125).  Mendieta  (Lib.  HI,  cap.  XLVII 
and  XLVIII,  pp.  300-306)  is  very  explicit  on  the  same  question.  He  asserts  that  the 
early  missionaries  found  :  "  I'or  otra  parte  se  hallaba  que  el  comun  de  la  gente  vulgar 

y  pobi  e  no  tenian  rii  habian  tornado  sino  sola  una  inujer sino  que  los  senores  y 

principales,  como  poderosos,  excederian  los  limites  del  uso  matrimonial,  tomando  des- 
pues otras,  las  que  se  les  antojaba"  (p.  301).  The  final  result  of  these  troublesome 
disputes  and  investigations  is  expressed  as  follows  (p.  30o) :  l'y  que  sabiendose  cual 
era  la  primera  mujer,  era  cierta  cosa  ser  aquella  la  legitima,  y  viviendo  aquella,  otra 
cualquiera  habia  de  ser  manceba."  The  qui  slion  is  as  to  whether  a  daughter  of  any 
member  of  the  kin  could  ever  lawfully  become  a  concubine,  or  whether  this  was  only  the 
case  with  female  outcasts  ?  The  stories  about  "  Handful  of  Reeds,"  who,  his  first  wife 
being  sterile,  was  subsequently  married  to  a  number  of  daughters  of  chieftains  (see 
Vurdn,  Cap.  VI,  pp.  48  and  49,  Torquemada.  Lib.  II,  cap.  XIII,  p.  96,  Vetancurt,  Parte 
II,  Trat.  I,  cap.  XI,  p.  270,  Claviyero,  Lib.  Ill,  cap.  Ill,  p.  194)  is  manifestly  untrue. 
The  object  of  these  subsequent  marriages  is  given  as  in  order  to  obtain  heirs  to  the 
throne.  Now  it  is  well  known  that  there  was  no  '•  succession,"  but  only  an  "  election." 
consequently  there  was  no  suclr  object  as  the  one  claimed.  The  chief  certainly  had 
concubines,  but  there  is  no  evidence  to  show  that  he  obtained  them  from  the  kins. 
Again  we  are  treated  to  long  descriptions  of  the  dazzling  polygamy  of  the  chiefs  of 
Tezcuoo.  For  instance,  Ixtiilxochitl  {••Hist,  des  Chichimeques,"  Cap.  XLIII,  pp.  305  and 
306)  relates  of  "Fasting  wolf  "  "  nezahualcoyotl,"  from  '•nezaualitztli,"  kkayuno,"  etc., 
{Molina,  II.  64),  and  "coyotl"  how  he  had  a  number  of  concubines  previous  to  his 
marriage  with  an  Indian  girl  of  Coatlichan.  Further  on  he  relates  the  well  known 
"Uriah  and  Bathsheba"  story  (pp.  509-313),  attributed  to  the  same  chief,  and  which 
has  been  so  often  recopied.  His  successor  in  office,  "Fasting  boy "  (Nezatmalpilli," 
compare  the  picture  of  this  name  in  Durdn,  Lam.  23  and  24,  Trat.  \o),  is  reported  by 
him  to  have  had  2000  concubines,  "But,  besides  the  queen,  he  had  intercourse  with 
forty  "  (Cap.  LVII,  p.  35  of  2d  Vol.).  His  marriage  with  that  only  legitimate  spouse  is 
described  (Cap.  LXIV,  p.  66,  Vol.  II).     He  is,  of  course,  supported  by  Torquemada 


614 

population  of  "  hangers-on  to  the  tribe."  This  class  was  }■  et  not 
very  numerous  ;  still  it  grew  slowly  and  steadily.  Prohibited  from 
carrying  arms,  and  therefore  from  taking  any  part  in  warfare  other 
than  that  of  carriers  and,  perhaps,  runners,  the  heavy  drudgery  of 
work  was  at  their  charge.89  Even  the  tillage  of  lots  appears  to 
have  been  frequently  assigned  to  them,  and  it  may  be  that  what  is 
commonly  termed  the  class  of  "  macehuales "  consisted  of  the 
outcasts  who  improved  "tlalmilpa"  for  the  benefit  of  members 
of  the   kin.90      Besides,    it   is   distinctly   implied,  if  not    stated, 

(Lib.  II,  cap.  XLV,  pp.  154-156;  cap.  LXII,  p.  184;  Lib.  XIII,  cap.  XII,  p.  436).  H.  H. 
Bancroft  (Vol.  II.  p.  265)  admits  two  classes  of  concubines  for  married  people,  one  of 
which  he  calls  "  the  less  legitimate  wives."  Among  other  authorities,  he  adduces  in  evi- 
dence Ovtedo  (Lib.  XXXIII,  cap.  I,  p.  260) :  "  Tenia  esto  Olintech  treynta  mugeres  deutro 
de  su  casa,  con  quien  el  dormia,  a  las  qnales  Servian  mas  de  ciento  otras."  The  same 
statement  is  also  found  in  Gomara  ("Conquista,"  etc.,  Vedia  I,  p.  326)  and  others.  (The 
name  for  the  mistress  (''manceba")  of  a  married  man  is  "  teichtacamecauh  "  (Molina, 
I,  p.  81),  which  means  literally  '•  thy  secret  tie,"  from  '"Tehuatl"—  "  thou,  "ichtaca"  — 
6ecretly  (II,  p.  32),  and  "mecatl"  — rope  or  cord  (II,  56).    See  in  a  further  note. 

The  most  significant  statements,  however,  are  those  already  reported,  of  Motolinia 
and  of  Gomara,  that  the  Indians  explained  their  polygamy  by  the  fact  that  they  kept 
these  women  for  their  work.  In  other  words,  they  were  purchased  hands.  This  is  indi- 
cated by  the  following  authorities:  Gomara  ("  Conquista,"  etc.,  Vedia  I,  p.  441),  "Las 
malas  mujeres  de  su  cuerpo,  que  lo  daban  de  balde  si  no  las  querian  pagar,  se  vendian 
par  esclavas  por  traerse  bieu,  6  cuando  ninguno  las  queria.  por  viejas  6  feas  6  enfermas ; 
que  nadie  pide  por  las  puertas."  Torquemada  (Lib.  XIV,  cap.  XVI,  p.  563) :  "Havia 
tainbien  mugeres,  que  se  daban  a  vivir  suelta,  y  libertadamente;  y  para  proseguir  este 
mal  Estado,  que  tomaban,  tenian  necesidad  de  vestir  curiosa,  y  galanamente,  y  por  la 
necesidad,  que  pasaban,  porque  no  trabajaban  ....  llegaban  a  necesitarse  mucho,  y 
hacianse  Esclavas ;  "  and  the  same  authority  adds  (Cap.  XVII,  p.  566) :  "  y  muchas  vecea 
los  Amos  se  casaban,  con  Esclavas  suias,"  without  any  closer  definition  however. 
Finally,  the  Anonimo  says  (p.  397) :  "  Nelle  nozze  di  questa  patrona  principale  fanno 
alcune  cirimonie,  il  che  non  si  osserva  nelle  nozze  dell'  altre." 

There  is  no  evidence  that  a  married  man  could  increase  the  number  of  his  women 
even  with  the  consent  of  the  parents,  in  other  words,  marry  a  girl.  But  if  the  latter 
had,  through  her  own  lewd  conduct,  become  abandoned  and  cast  off,  then  he  could 
associate  with  her  as  his  mistress  without  regard  to  his  wife  proper.  Also  he  might 
purchase  (or  rather  barter  for)  a  female  and  afterwards  make  a  concubine  of  her, 
even  if  she  was  of  a  foreign  tribe.  Prisoners  of  war  (females)  may  occasionally  have 
been  spared  also,  but  this  suggestion  rests  on  very  slight  evidence  (compare  "Ano- 
nimo," p.  373),  and  may  apply  only  to  prisoners  of  war  purchased  from  other  tribes 
(Sahagun,  Lib.  I,  cap.  XIX,  p.  32). 

89  They  were  the  "  tamenes,"  carriers.  The  Mexican  word  is  "  tlamama,"  from 
"tlacatl" — man,  and  ''nitla-mama" — to  carry  a  load  (Molina,  II,  p.  51).  Don  Antonio  de 
Mendoza  K"Avis  sur  les  Prestations  persontlles,"  etc.,  p.  358,  Ternaux,  Recueil).  Zurita 
(pp.  250,  251,  and  280)  "Leitre  des  auditeurs  Salmeron,  Maldonado,  Ceynos  et  Quiroga  a 
I'lmperatrice."  (Mexico,  30  March,  1531,  in  2d  Recueil,  etc.,  pp.  143  and  144) :  "  Les  Indi- 
ens  out  de  tout  temps  porte  des  fadeaux,  ils  y  sont  accontumes  ..." 

90 This  is  a  mere  suggestion.  The  majority  of  descriptions,  however,  are  such  that 
the  "  mazehual"  may  have  been,  and  probably  was,  a  member  of  the  kin.  Still,  in  such 
cases,  when  that  member  could  not  improve  his  lots  himself,  families  of  "  bondsmen" 
may  have  done  the  work  for  him,  and  thus  become  included  in  the  general  picture. 
Quotations  are  superfluous,  since  the  information  is  not,  as  yet,  positive  enough. 


615 

that  for  actions  of  merit  such  people  might  be  re-adopted,  and 
thus  restored  to  their  original  rights.  The  anoi^'mous  conqueror 
asserts  that  the  performer  of  any  valorous  deed  was  highly 
rewarded  and  made  a  chieftain,  "even  if  he  was  the  vilest 
slave."91  But  without  such  formal  re-adoption,  no  outcast  could 
emerge  from  his  inferior  and  unprotected  condition.  The  over- 
whelming majority  of  Mexico's  aboriginal  people,  however,  con- 
sisted of  members  of  the  twenty  kins  shown  to  have  composed 
the  tribe.  These  all  enjoyed  equal  rights  ;  consequently  all  had 
the  same  duty.  Both  right  and  obligation  were  governed  by 
the  organization  of  kinship.  While  it  is  impossible  for  us  to 
follow  here  strictly  the  order  of  enumeration  of  these  rights  and 
obligations,  established  in  the  admirable  researches  of  Mr.  Morgan, 
we  still  can  distinctly  trace  all  of  them  in  ancient  Mexican 
society,  operating  with  more  or  less  unimpaired  vitality. 

The  kin  claimed  the  right  to  name  its  members.9'2  A  family  name 
was  unknown  to  the  ancient  Mexicans,93  and  thus  our  assertion 
that  the  modern  family  was  not  yet  established  among  them, 
acquires  further  support.  Within  a  few  days  after  the  child's 
birth,  its  mother  in  presence  of  all  the  neighbors  (consequently 
of  the  "calpulli"  or  kin)  gave  the  child  a  name  through  the 
medium  of  the  women  assisting  her  delivery.  This  name,  gener- 
ally taken  from  that  of  the  day  of  birth,  had  a  superstitious 
bearing,  and  was  to  accompany  the  child  during  the  period  of 
its  utter  helplessness.94     A  second  "naming"  took  place  several 

91 " Relatione  di  alcune  Cose  della  Nuova  Spagna"  (Col.  de  Doc,  I,  p.  371).  Torque- 
mada  (Lib.  XIV,  cap.  XVII,  p.  566) :  "y  Esclavos  havia  que  regian,  y  mandaban  la  casa 
de  su  Senor,  como  hacen  los  Maiordomos." 

92  Morgan  ("Ancient  Society,"  pp.  71  and  78). 

93  Motolinia  (Trat.  I,  cap.  V.  p.  37):  "Todos  los  Xiiios  cuando  nacian  tomaban 
nombre  del  dia  en  que  nacian."  Torquemada  (Lib.  XIII,  cap.  XXII,  pp.  451  and  455). 
The  family  name  was  introduced  by  the  Spaniards,  who  gave  other  names  at  the  time 
of  baptism. 

tlMotolinia  (Trat.  I,  cap.  V,  p.  37).  Sahagun  (Lib.  IV,  cap.  I,  pp.  283  and  284,  in  gen- 
eral the  entire  fourth  Book,  which  gives  a  very  full  idea  of  all  the  superstitions  con- 
nected with  birthdays;  more  especially  Cap.  XXXV  and  XXXVI  and  Lib.  VI,  cap. 
XXXVII,  pp.  217-221).  All  the  children  of  the  quarter  were  invited  to  the  festival :  "En 
este  tiempo  que  estas  cosas  se  hacian,  juntabanse  los  mosuelos  de  todo  aquel  barrio,  y 
acabadas  todas  estas  ceremonias,  entran  en  la  casa  del  y  toman  la  com  id  a  que  alii  les 

tenian  aparejada, "    The  naming  took  place  in  presence  of  "todos  los  pari- 

entas  y  parientos  del  niiio,  viejos  y  viejas"  (p.  218).  Mendieta  (Lib.  II,  cap.  XIX,  p. 
107) :  "  Estos  nombres  tomaban  de  los  idolos  6  de  las  fiestas  queen  aquellas  signos  caian, 
y  &  veces  de  aves  y  animales  y  de  otras  cosas  insensatas,  como  se  .es  antojaba."  (Lib. 
XIII,  cap.  XXXV,  p.  267).  Torquemada  (Lib.  XIII,  cap.  XX,  p.  450  :  "  Luego  hacian  con- 
vocacion  de  todos  los  Deudos,  y  Parientes,  de  los  Padres,  y  de  todos  los  Amigos,  y 


616 

months  later,  which  was  performed  by  the  medicine-man  of  the 
kin.95  Both  of  these  names  were  preserved,  but  if  the  full-grown 
man  ever  performed  some  action  of  merit  in  the  service  of  the 
whole  tribe,  then  the  tribe  bestowed  upon  him  a  third  name  as 
an  honorable  title  attached  to  his  person  in  reward  for  his  deeds.96 
It  icas  the  duty  of  the  kin  to  educate  or  train  its  members  to  every 
branch  of  public  life.  For  all  public  purposes,  man  only  must  be 
taken  into  account.  This  appears  obvious  from  what  was  said 
already  concerning  the  position  of  women  in  general.  Now  each 
calpulli,  or  localized  kin,  among  the  ancient  Mexicans  had,  as 
we  have  shown  in  "Art  of  War,"97  its  "House  of  the  Youth" 
("telpuch-calli")  joined  to  its  "  medicine-lodge"  or  temple.  Thither 
the  boys  were  brought  at  an  early  age,  to  be  instructed  in  what- 
ever was  needed  for  after-life.  In  order  to  train  their  bodies  they 
were  held  to  manual  labor,  and  to  the  ordinary  duties  of  worship. 
The  use  of  weapons  was  made  a  prominent  object  of  teaching ; 
so  was  the  dance  and  song,  the  latter  coupled  with  ordinary 
Indian  rhetorics.98     These  houses  of  education  were  under  the 


Vecinos,  que  para  este  acto  se  juntavan  .  .  .  y  entonces  le  poman  el  nombre."  Also 
(Cap.  XXII,  p.  455;  cap.  XXIII,  p.  456) :  "  De  la  misma  manera,  que  quando  alguna  de 
estas  Indias  paria,  se  usaba  juntarse  toda  la  Parentela.  y  las  veoinas,  y  amigas,  .... 
De  esta  misma  manera  lo  acostumbraban  hacer  para  el  fingido  Bantismo."  Gomara 
("■Conquista,"  Vedia  I,  p.  438):  "En  este  lavatorio  les  ponian  nombre,  no  como  querian, 
sino  el  del  mismo  dia  en  que  nacieron.'  Vetancurt  (Parte  II,  Trat.  Ill,  cap.  VIII,  p. 
462). 

95  This  is  stated  by  Gomara  (Vedia  I,  p.  438) :  "  y  dende  a  tres  meses,  que  son  de  los 
nuestros  dos,  los  llevaban  al  templo,  donde  un  sacerdote  que  tenia  la  cuenta  y  ciencia 
del  calendario  y  signos,  les  daba  otro  sobrenombre,  haciendo  muchas  ceremonias,  y 
declaraba  las  gracias  y  virtudes  del  idolo  cuyo  nombre  les  ponia,  pronostieandoles  bue- 
nos  hados."  Motolinia  (Trat.  I,  cap.  V,  p.  37) :  "  Despues  desde  a  tres  meses  presenta- 
ban  aquella  criatura  en  el  templo  del  demonio,  y  dabanle  sn  nombre,  no  dejando  el  que 
tenia,  y  tambien  entonces  comian  de  regocijo,  ..." 

96  Gomara  (Vedia,  p.  438).  Motolinia  (Trat.  I,  cap.  V,  p.  37).  Torquemada  (Lib.  XIII, 
cap.  XXII,  p.  456).  Clavigero  (Lib.  VI,  cap.XXXVH,  pp.  437,  438).  Durdn  (Cap.  XI,  pp. 
96,  97,  and  98). 

97  "Art  of  War,"  p.  101.  Kelying  on  Humboldt,  I  assumed  fifteen  years  to  be  the 
age  when  military  instruction  began,  but  the  general  instruction  began  much  sooner. 
See  note  98. 

"  ^Gomara  (Vedia,  p.  438).  Sahagun  (Lib.  III.  cap.  IV,  cap.  V,  p.  268) :  "  Habiendo 
entrado  en  la  casa  del  Telpuchcali  el  nine,  dabanle  cargo  de  barrer,  limpiar  la  casa, 
poner  lumbre,  y  hacer  los  servicios  de  penitencia  a  que  se  obligaba.  Era  costumbre 
que  a  la  puesta  del  sol,  todos  los  mancebos  iban  a  bailar,  y  danzar  a  la  casa  que  se 
llamaba  Cuicacalco  cada  noche,  y  el  muchacho  tambien  bailaba  con  los  otros  mance- 
bos; llegando  a  los  quince  anos,  y  siendo  ya  mancebillo,  llevabanle  consigo  los  mance- 
bos mayores  al  monte  &  traer  la  lena,  que  era  necesaria  para  la  casa  del  Telpuchcali.  y 
Cuicacalco,  y  cargabanle  las  rodelas  para  que  las  llevase  acuestas; "  (p. 269) :  "La  vida 
que  tenian  era  nmy  aspera  ..."  (Cap.  VI,  pp.  270  and  271 ;  Lib.  VI,  cap.  XXXIX,  p. 
224),  and  other  incidental  notices.    Mendieta  (Lib.  II,  cap.  XXIV,  pp.  124, 125).     Torque- 


617 

special  direction  of  experienced  men,  called  therefore  "  Speakers 
of  the  Youth"  ("  telpuchtlatoca")  and  "elder  brothers"  ("teach- 
cauhtin,")  in  another  capacity.  They  had  not  only  to  provide 
for  the  physical  training  of  their  pupils,  but  also  for  their  intel- 
lectual development,  as  far  as  the  state  of  knowledge  permitted.9? 
Such  places  of  training  were  called  also  "  the  place  where  I 
grow"  ("nezcaltiloyan"),  or  "the  place  where  I  learn"  ("  nera- 
achtiloyan.")100  It  is  not  true  that  the  youth  were  constrained 
to  a  permanent,  almost  monastic  residence  in  such  houses  ;  but 
while  there  they  improved  in  common  certain  special  plots  of  land, 
in  all  likelihood  the  so-called  "  temple-tracts,"  out  of  which  the 
daily  wants  of  worship  were  supplied.101  In  connection  with  this 
mode  of  education,  we  have  to  consider  here  an  objection  which 
cannot  fail  to  be  raised  against  our  views. 

It  is  frequently  given  out  as  a  fact,  that  besides  the  "  Houses 
of  the  Youth"  mentioned,  there  was  a  special  place  of  education 
for  the  children  of  "noblemen"  and  this  is  adduced  as  a  proof  of 

madaCLib.  IX,  cap.  XII,  pp.  185  and  180;  Lib.  XIII,  cap.  XXVIII,  XXIX  and  XXX) 

and  others. 

™uArt  of  War"  (pp.  101,  119  and  120).  Mendieta  (Lib.  II,  cap.  XXIV,  pp.  121  and 
125) :  "  Los  otros  se  criaban  como  en  capitanias,  porque  en  cada  baiTiojliabia  up  capitan 
de  ellos,  llamado  telpuchtlato,  que  quiere  decir,  guarda  6  capitan  <le  los  mancebos." 
Torquemada  (Lib.  IX,  cap.  XII,  p.  1S5) :  "y  teniaii  un  Rector,  que  los  regia,  y  governaba, 
que  se  11  am  aba  Telpocbtlato,  que  quiere  decir,  Guarda.  6  Caudillo  de  los  Mancebos,  el 
qnal  Telpochtlato  tenia  gran  cuidado  de  doctrinarlos.  y  ensenarles,  en  buenas  costum- 
bres."  Sahagun  (Lib.  Ill,  cap.  V,  p.  2<i9) :  "y  si  era  ya  hombre  valiente  y  diestro, 
elegianle  para  regir  a  todos  los  mancebos,  y  para  castigarlos,  y  entonces  se  llamba  Tel- 
puchtlato." (Lib.  VIII,  cap.  XIII,  p.  301) :  "Tambien  daban  de  comer  a  los  que  criaban 
los  mancebos  que  se  llaman  telpucbtlatos,  .  .  ."  (Cap.  XVII,  p.  305) :  "en  este  lugar  se 
juntaban  los  maestros  de  los  mancebos  que  se  Uamaban  tiachcaoan,  y  telpuchtlato- 
ques  .  .  ."  (Also  Cap.  XXXVIII,  p.  331).  Vetancurt  (Part  II,  Trat.  Ill,  cap.  VI,  p.  451) : 
"y  un  rector  que  Uamaban  Telpochtlato,  el  que  habla  y  gobierna  a  los  mancebos." 
Codex  Mendoza  (Vol.  I  of  Kingsborough  plates  62  and  63). 

Sahagun  usually  calls  the  "  achcauhtli,"  "alguaziles,"  or  executors  of  justice.  But 
above  we  see  that  he  calls  the  "tiachcaoan,"  also  "masters  of  the  youth."  Both  names 
are  corruptions  of  "  teachcauhtlin."  Tezozomoc  (Cap.  XXXV11I,  p.  60)  calls  the  "Ach- 
cacauhtin,  mayorales  de  armas  y  de  doctrina  y  de  ejemplo."  (Cap.  LVII,  p.  95) :  "  Tras 
ellos  vinieron  los  que  llaman  Achcauhtin,  senores  de  los  varrios.  y  maestros  de  mance- 
bos." (Cap.  LXXI,  p.  121):  "mayorales  y  ministros,  y  los  hicieron  juntar  como  escu- 
elas  en  cada  un  varrio  que  Uamaban  telpochcalli."  (Cap.  LXXXVIII,  p.  134):  "Los 
mancebos  iban  cada  dia  a  los  varrios  al  egercicio  de  las  armas  a  la  escuela  de  armas 
telpochcalco,  adonde  los  ensenaban  con  valerosos  animos,  y  las  maneras  de  combatir." 
Finally  ClavUje.ro  (Lib.  VII,  cap.  II,  p.  452)  refers  also  to  the  53d  picture  of  the  Mendoza 
Codex,  representing  a  boy  of  fifteen  years,  who  is  turned  over  to  an  "achcauhtli,  or 
officer,"  to  be  instructed  in  the  art  of  war. 

waMolvna  (Vocabularia  II,  pp.  66  and  72).  P.  Tgnacio  de  Paredes  ("  Doctrina  Breve 
sacada  del  Catecismo  Mexicano,"  Reprint  of  1809). 

^Sahagun  (Lib.  Ill,  cap.  V,  p.  269)  says  that,  whereas  they  slept  at  home,  that  is,  at 
the  "  house  of  youth,"  they  ate  with  their  families  ("  annque  comian  en  sus  casas  pro- 


618 

the  existence  of  a  privileged  class  of  nobles.102  Besides  the 
other  evidence  which  we  have  mentioned,  as  against  the  existence 
of  nobility  in  ancient  Mexico,  we  shall  state  here  that  the  place 
called  "calmecac"  which  is  the  name  given  to  that  supposed 
"  school  for  the  nobles,"  was  in  reality  something  quite  different. 
Fray  Bernardino  Sahagun,  in  his  description  of  the  central 
medicine-lodge  or  great  temple  of  the  Mexican  tribe,  says  that 
in  the  house  called  calmecac  those  who  devoted  themselves  to 
"  medicine,"  or  to  the  priesthood  were  trained  for  that  office  and 
lived  in  said  house  along  with  the  medicine-men  themselves.103 
There  were  several  buildings  or  rooms  bearing  that  name,  all 
within  the  square  occupied  by  what  is  commonly  termed  "  the 
great  temple  of  Mexico,"  and  these  were  the  places  where  the 
medicine-men  and  whoever  was  attached  to  them  and  to  their 
offices,  actually  dwelt.104     Consequently  these  places  were  also 

pias").  Zurita  (pp.  131-133)  asserts  that  "certain  fixed  clays,  the  children  of  land- 
tillers  had  permission  to  share  their  father's  labor."  That  the  "temple  tracts  "  were 
probably  identical  with  those  worked  by  the  young  men  is  made  evident  by  Sahagun 
(Cap.  V,  Lib.  Ill,  p.  269;  cap.  VIII,  p.  275).  Zurita  (p.  131) :  »  lis  etaient  obliges  de  tra- 
vailler  aux  terres  affectees  a  ces  etablissements."  Torquemada  (Lib.  IX,  cap.  XII,  p. 
185) :  "Tenian  sus  Tierras.  y  Heredados  para  su  sustento  (que  debian  de  ser  de  las  dedi- 
cadas  al  uso.  y  gasto  de  los  Templos)  en  ellas  sembraban,  y  cogian  Pan  para  sn  sus- 
tento." Mendieta  (Lib.  II,  cap.  XXIV,  pp.  124  and  125).  Gomara  (Vedia,  p.  438).  The 
latter  is  very  plain,  connecting  all  the  "schools"  and  their  lands  with  the  temples. 

™H.  H.  Bancroft  (Vol.  II,  pp.  213  and  244).  Nearly  all  the  older  writers  call  it  a 
higher  school,  but  I  shall  hereafter  discuss  their  statements.  See  also  Prescott  ("Mex- 
ico," Book  I,  ch.  Ill,  p.  69). 

103  "Historia  general  de  las  Cosas  de  Nneva  Espana,"  ( Lib.  Ill,  cap.  VII,  p.  271) :  "  Los 
senores,  6  principals,  6  ancianos,  ofrecian  a  sus  hijos  a  la  casa  que  se  llamaba  Calme- 
cac, era  su  intencion  que  alii  se  criasen  para  que  fuesen  ministros  de  los  idolos."  Id., 
(Cap.  IV,  p.  266) :  "y  lo  ofrecian  a  la  casa  de  los  idolos  que  se  llama  Calmecac,  para  que 
fuese  ministro  de  ellos,  viniendo  a  edad  perfecta."  But  especially  (Lib.  VI.  cap.  XXXIX, 
p.  223) :  "  si  le  prometian  £  la  casa  Calmecac,  era  para  que  hiciese  penitencia,  sirviese  a 
los  dioses.  viviese  en  limpieza,  en  humildad  y  castidad,  y  para  que  del  todo  se  guar- 
dase  de  los  vicios  carnales." 

104 The  description  furnished  by  Sahagun  (Lib.  VI,  Appendix,  "Relacion  de  los  Edi- 
ficios  del  gran  Teraplo  de  Mexico,"  pp.  197  to  211)  mentions  seventy-eight  parts  or  edi- 
fices, among  which  were  the  following,  with  the  name  "Calmecac:" 

The  12th  edifice  "Tlilancalmecac,"  a  shrine  to  the  goddess  Civocoatl  and  inhabited 
by  three  priests,  medicine-men  (p.  201). 

13th  edifice  " Mexicocalmecac,"  called  by  him  "a  monastery  wherein  the  priests 
dwelt  who  served  daily  in  the  Cu  of  Tlaloc"  (p.  201). 

24th  edifice,  "Vitznaoac  Calmecac."  inhabited  by  the  priests  of  the  idol  Vitznaoac 
(p.  203). 

27th  edifice,  "Tetlanmancalmecac,"  where  the  priests  of  the  temple  dedicated  to  the 
goddess  Chantico  lived,  as  in  a  "  monastery,"  (p.  203). 

35th  edifice,  "Tlamatzinco  Calmecac,"  '•  a  monastery,"  inhabited  by  the  priests  of 
the  god  Tlamatzincatl,  (p.  204). 

54th  edifice,  "Yopico  Calmecac,  "monasterio  li  oratorio,"  (p.  207). 

61  st  edifice,  "  Tzommolco-calmecac,"  •' a  monastery  where  dwelt  priests  of  the  god 
Xiuhtecutli,"  (p.  207). 


619 

the  abodes  of  such  men  as  underwent  the  severe  trials  preliminary 
to  their  investiture  with  the  rank  of  chief  ("  tecuhtli.")  The 
word  "calmecaC"  is  often  interpreted  as  "dark  house"  but  its 
et}7mology  is  probably  quite  different.  In  no  case,  however,  was 
that  building  a  school  for  a  "  privileged  class  of  children.105 

The  kin  had  the  right  to  regulate  and  to  control  marriage.106  We 
have  seen  that  the  obligation  to  marry  rested  upon  every  member 
of  a  "  calpulli."  Where  tribal  society  is  still  in  its  pure  and 
original  condition  marriage  in  the  same  kin  is  absolutely  prohib- 
ited. The  matrimonial  customs  of  the  ancient  Mexicans  were 
closely  scrutinized  by  the  Catholic  church,  and  a  rigid  investigation 
by  the  early  missionaries  has  proven  that  not  only  was  marriage 
between  close  relations  strictly  prohibited,  but  it  was  also  discour- 
aged (if  not  forbidden)  between  members  of  the  same  kin.107     Mr. 

In  all,  seven  "calmeca"  within  the  enclosure  surrounding  the  great  "house  of  god" 
of  Mexico-Tenuchtitlan.  Torquemada  (Lib.  VIII,  cap.  XI  to  XVI)  also  describes  the 
various  places,  mentioning  '•  Huitznahuaccalmccac,"  "Casa  de  recogimiento,  y  habita- 
cion  de  los  Sacerdotes,  y  ministros  de  este  lugar"  (p.  150).  "Tlamatzinco  calmecac," 
donde  vivian  y  tenian  su  asistencia  los  Sacerdotes,  y  ministros  de  este  diclio  Templos  " 
(p.  151).  '•  Yopico  calmecac"  "donde  habitaban,  y  se  criaban  los  muchachos  "  (p.  153). 
"Calmecac"  — "donde  se  criavan  los  ninos"  (p.  149).  Besides  these  statements,  the 
two  authors  just  quoted  allude  to  the  Calmecac  in  the  same  manner  at  various  places. 
Sahagun  (Liu.  Ill,  Appendix,  cap.  VII,  and  especially  Cap.  VIII,  pp.  274-27G).  Already 
the  title  of  this  chapter  is  significant:  "  De  las  costnmbres  que  se  guardaban  en  la 
casa  que  sc  llamaba  Calmecac,  donde  se  criaban  los  Sacerdotes,  y  ministros  del  templo 
desde  ninos."  Torquemada  (Lib.  XIII,  cap.  XXVIII,  pp.  469-171).  Johannes  Eusebius 
Nieremberg  ("  Historia  Natural,"  Lib.  VIII,  cap.  XXII,  PP- 143-146).  He  copies  Hernan- 
dez who,  in  turn,  almost  verbally  agrees  with  Sahagun.  Oviedo  (Lib.  XXXIII,  cap.  X, 
p.  302 ;  Cap.  LI.  p.  537).     Gomara  ( Vedia  I.  p.  438). 

w5 Molina  (II,  p.  11).  "Calmeca  tlatolli,"  "  palabras  dichas  en  corredores  largos" 
and  "  Calmelactli,"  "  Sala  graude  y  prolongada,  6  corredor  de  la  casa."  The  word  may 
be  decomposed  into  "Calli"  — house,  and  "mecayotl"  — consanguine  relationship,  or 
"  mecatl "  a  cord  or  tie.    "  House  of  Ties  "  ? 

io«  '-Ancient  Society"  (p.  74). 

i°7  Already  Motolinia  (Trat.  II,  cap.  VII)  pictures  vividly  the  difficulties  encountered 
by  the  priests  in  regard  to  regular  marriage.  The  first  question  to  be  determined  was 
that  of  the  legitimate  spouse.  This  has  already  been  investigated  in  a  former  note. 
The  next  question  was  that  of  the  degrees  of  consanguinity,  or  affinity.  It  was  rigidly 
inquired  into  whether  perhaps,  custom  had  sanctioned  intermarriage  of  brothers  and 
sisters.  Gomara  (Vedia,  p.  439):  "No  casan  con  su  madre  ni  con  su  hija,  ni  con  su 
hermana;  en  lo  demas  poco  parentesco  guardan;  aunque  algunos  se  hallaron  casados 
con  sus  propias  hermanas;"  thus  admitting  the  fact  that  intermarriage  of  that  kind 
existed.  Mendieta  (Lib.  Ill,  cap.  XLVIII,  p.  305)  also  concedes  that  such  may  have  been 
the  case,  and  infers  that  these  marriages  should  be  regarded  as  valid.  The  question  of 
intermarriage  between  children  of  the  same  issue  becomes  important  through  the 
statements  and  discussion  of  Torquemada  (Lib.  XIII,  cap.  VII,  p.  489)  about  the  matri- 
monial customs  of  the  Indians  of  Vera-Paz  :  "  The  Indians  of  Vera-Paz  were  compelled 
frequently,  on  account  of  their  customs  of  relationship,  to  marry  brothers  with  sisters 
for  this  reason:  It  was  not  customary  for  those  of  one  clan,  or  tribe,  to  marry  the 
women  of  the  same  tribe  (pueblo),  and  thus  they  sought  for  them  from  others,  because 

5* 


620 

H.  H.  Bancroft  to  whom  every  student  of  American  antiquities 
must  look  with  a  deep  feeling  of  gratitude  for  his  valuable  ser- 
vices, says  on  the  subject :  "  marriages  between  blood  relations 
or  those  descended  from  a  common  ancestor  were  not  allowed."108 
The  act  of  marriage  itself  was  preceded  by  negotiations  on  the 
part  of  one  calpulli  (that  of  the  man)  with  another  (that  of  the 
woman),  the  negotiations  terminating  in  something  like  a, purchase 
of  the  girl.109     It  is  beyond  our  purpose,  at  present,  to  dwell  on  the 

they  did  not  reckon  the  children,  born  in  foreign  tribes  or  lineages,  as  belonging  to 
their  family;  although  if  the  mother  had  issued  from  their  lineage,  and  the  reason  for 
this  was,  that  this  relationship  was  only  attributed  to  the  men."  Now  this  is  a  very 
plain  statement  and  picture  of  "  descent  in  the  male  line,"  with  the  rules  of  kinship  as 
strongly  and  fully  in  vigor  as,  with  "descent  in  the  female  line"  among  the  Iroquois. 
The  inhabitants  of  Vera-Paz  spoke,  according  to  Herrera  (Dec.  IV,  cap.  X,  cap.  XIV, 
p.  229),  "  varios  Lenguages,"  but  they  selected  one  at  the  instance  of  the  Dominican 
fathers,  "  to  use  it  in  general."  Dr.  Berendt  ("  Remarks  on  the  Centres  of  Ancient  Civili- 
zation in  Central  America  and  their  Geographical  Distribution,"  address  read  July  10, 
1876.  pp.  9  and  10)  mentions  in  Vera-Paz  three  idioms:  the  "Kekchi"  (Alta  Verapaz), 
"Pokoman"  (in  the  South),  and  the  "QQuiche"  (Western  Verapaz).  See  also  E.  G. 
Squier,  ("  Monograph  of  Authors  u-ho  have  written  on  the  Languages  of  Central  America ," 
Introd.,  p.  IX).  II.  H.  Bancroft  (Vol.  Ill,  cap.  IX,  p.  760).  Diego  Garcia  de  Palacio 
("  Report  to  the  King  of  Spain  in  1576,"  German  translation  by  the  late  Dr.  Alex  von 
Frantzius,  pp.  4  and  64).  Pimentel  ("  Cuadro  descriptivo  de  las  Lenguas,"  etc.,  Vol.  I, 
pp.  81-84).  The  close  connection  in  customs  and  Institutions  (see  my  notes  in  regard 
to  the  calendars  of  Mexico  and  Central  America)  between  the  QQuiche  and  the  Mexi- 
cans, and  the  probable  identity  of  their  origin,  make  it  not  unlikely  that  the  latter  had 
also  the  same  rule,  "  not  to  marry  within  the  tribe  or  lineage,"  or  rather  in  the  kin. 
As  every  tribe  in  Mexico  consisted  of  a  number  of  Calpulli,  there  was  no  need  of 
selecting  the  wife  from  outside  of  the  settlement.  The  manner  of  arranging  marriages 
furnishes  direct  evidence  of  the  fact,  that  the  wife  was,  at  least  usually,  from  another 
kinship.    (See  note  109.)    See  especially,  besides,  Sahagun  (Lib.  II,  Appendix,  p.  228). 

i°s  "  Native  Races  "  (Vol.  II,  cap.  VII,  p.  251). 

109  Not  only  the  consent  ol  the  young  man's  parents  was  requisite,  but  also  that  of 
the  "telpuchtlato"  (speaker  to  the  youth)  of  his  "barrio"  or  calpulli,  i.  e.,  of  his  kin. 
This  fact  is  abundantly  proven.  Sahagun  (Lib.  VI,  cap.  XXIII,  pp.  152,  153)  says :  The 
"speaker"  was  invited  to  the  house  and  after  having  "eaten  and  smoked,"  "  the  old 
parents  of  the  young  man,  and  the  old  men  of  the  barrio  sat  down,"  and  the  case  was 
told  to  them.  The  "  speaker  "  then  took  formal  leave  of  the  youth  "y  dejaban  al  moso 
en  su  casa  de  su  padre."  (Lib.  Ill,  Appendix,  cap.  VI,  p.  271).  he  again  insists  that  the 
consent  of  the  "  maestros  de  los  mancebos  "  was  required.  Zurita  ("  Rapport,"  p.  132) : 
"Lorsqu'ils  etaient  d'age  a  se  marier,  c'est  a  dire  a  vingt  ans  ou  un  pen  plus,  ils  en 
demandaient  l'autorisation  "  (p.  134).  Mendieta  (Lib.  II,  cap.  XXIV,  p.  125) :  "  Llegados 
3.  la  edad  de  casarse  .  .  .  pedian  licencia  para  busearmnjer;  y  sin  licencia  por  mara- 
villa  alguno  se  casaba,  y  al  que  lo  hacia,  demas  de  darle  su  penitencia,  lo  tenian  por 
ingrato,  malcriado  y  como  apostata"  .  .  .  Torquemada  (Lib.  XIII,  cap.  XXX).  It  was 
the  kin  of  the  male  which  solicited  the  girl,  and  this  solicitation  was  carried  on  by 
women,  who  brought  presents.  Compare  also  H.  H.  Bancroft  (Vol.  II,  pp.  251  to  262). 
Vetancurt  (Part  II,  Trat.  II,  cap.  XII,  p.  477.  "  Teatro  Mexicano,"  Vol.  I).  If  the  male 
needed  it,  "  the  community  "  assisted  him.    See  above  authorities,  and  others. 

The  controlling  influence  of  the  Kin,  in  matters  of  marriage,  was  officially  recog- 
nized, as  late  as  1555,  by  the  first  provincial  "  concile"  held  at  Mexico  in  that  year.  It 
was  ordained  :  "  That  since  it  is  customary  among  the  Indians  Maceguales  not  to  marry 
without  permission  ("licencia")  of  their  principals,  nor  to  take  any  women,  unless  it 


621 

ritual  details  themselves,  but  we  must  lay  particular  stress  on  the 
fact,  that  the  wife  became  the  property  of  her  husband  and  that 
she  was,  as  such,  placed  under  the  direct  protection  of  his  kins- 
men. Such  marriages  could  be  annulled  by  mutual  consent, 
provided  the  kin  gave  its  approbation.  In  such  a  case  the  woman 
was  at  liberty  to  marry  again,  and  also  to  return  to  the  calpulli 
from  which  she  issued.110 

We  might  now  be  expected  to  cast  a  glance  at  the  funeral  rites 
of  the  ancient  Mexicans  since  it  was  one  of  the  attributes  of  the  kin 
to  enjoy  common  burial.111  But  this  question  is  so  intimately  con- 
nected with  that  of  creed  and  belief  that  we  refrain  from  tres- 
passing too  much  on  that  field.  The  Mexicans  practised  cremation 
and,  in  the  case  of  warriors  slain  in  battle,  at  least,  it  is  known 
that  the  exercises  were  conducted  by  the  officers  and  leaders  of 
each  kin,  all  its  members,  and  not  the  special  relatives  and  friends 
only  of  the  deceased,  attending  the  ceremony.112  Our  knowl- 
edge of  the  burial  places  of  aboriginal  Mexico  is  still  very  indefi- 

was  given  by  their  hand,  out  of  which  there  arise  great  discomforts,  and  marriage 
among  free  persons  is  not  as  free  as  it  should  be,  therefore,  we  ordain  and  command: 
that  no  Indian  principal  of  whichever  condition  or  rank  ("  estado,")  shall  of  his  own 
accord  or  authority  give  away  any  wife  to  anybody  whatsoever,  nor  shall  he  prevent 
any  Macegual  from  marrying  freely  the  woman  whom  he  may  wish,  and  who  may  like 
him,— under  penalty  of  thirty  days  of  imprisonment,  and  other  penalties  which  the 
Judge  may  determine  upon." 

("  Concilios  Provinciates,  Primero  y  Segundo,  celebrados  por  la  muy  noble,  y  muy  Leal 
ciudad  de  Mexico  etc.,  etc.  Dalos  a  Luz  el  111' mo  Sr.  D.  Francisco  Antonio  Lorenzana 
Arzobispo  de  esta  Santa  Metropolitana  Iglesia  A  no  de  1769).  The  "principales  Indios  " 
are  the  officers  of  the  "Kins,"  and  thus  we  have,  thirty  five  years  after  the  conquest, 
a  formal  recognition  of  the  custom  among  the  Mexican  Indians  that  marriage  was  con- 
trolled by  the  Kin.  How  the  "  encomenderos "  subsequently  interfered  with  that 
custom,  in  order  to  conceal  their  own  criminal  doings,  is  plainly  told  by  Fray  Antonio 
de  Remesal  "  Historia  de  la  Provincia  de  San  Vicente  de  Chyapa  y  Guatemala,  etc.,  etc." 
Madrid,  1(519  (Lib.  VII,  cap.  XV,  p.  327). 

110  It  is  singular  that  some  of  the  earliest  ecclesiastical  writers  imply  that  there  was 
no  rule  of  repudiation  or  divorce  among  the  ancient  Mexicans.  Mendieta  (Lib.  Ill,  cap. 
XLVIII,  p.  303).  The  same  authority,  however,  attributes  this  to  the  baneful  effects  of 
contact  with  the  Spaniards,  in  consequence  of  which  the  customs  of  the  natives  grew 
more  or  less  dissolute  and  immoral  (p.  304).  Zurita  (p.  97)  confirms,  and  Torquemada 
(Lib.  XVI,  cap.  XXIV,  p.  196),  copies  Mendieta  literally.  For  the  customs  of  divorce 
see  Zurita  (p.  97),  Mendieta  (Lib.  Ill,  cap.  XLVIII,  p.  304),  Torquemada  (Lib.  XIII. 
cap.  XV,  pp.  441  and  442),  Gomara  (Vedia  I,  p.  440),  Herrera  (Dec.  Ill,  Lib.  II,  cap.  C, 
XVII,  pp.  72  and  73),  Bustamante  ("  Tezcoco,"  p.  196),  and  others.  The  division  of 
property  mentioned  as  accompanying  the  divorce,  applies  only  to  personal  effects, 
since  the  wife  brought  nothing  else.    See  "  Tenure  of  Lands"  (p.  429,  and  note  107). 

The  matrimonial  customs  of  the  ancient  Mexicans  will  be  more  thoroughly  dis- 
cussed by  me  in  another  monograph,  subsequent  to  one  on  "Religious  Beliefs." 

111 "  Ancient  Society  "  (pp.  71  and  83). 

«2  Compare  Durdn  (Cap.  XVIII,  pp.  154  and  156),  and  Tezozomoc  (Cap.  XXV,  pp.  37 
and  38). 


622 

nite,  owing,  in  part,  to  the  treasure-seeking  propensities  of  the 
Spanish  immigrants  as  well  as  to  the  diligence  of  the  clergy  in 
obliterating  all  objects  to  which  the  aborigines  attached  supersti- 
tious notions. 

For  the  same  reason  we  refrain  here  from  entering  into  a  de- 
tailed account  of  the  customs  of  worship.  Still  we  feel  obliged 
to  state  that  the  feature  of  "  separate  religious  rites"113  so  charac- 
teristic of  society  based  upon  kin,  is  plainly  visible  among  the 
ancient  Mexicans.  There  are  some  very  remarkable  evidences  of 
this,  to  which  we  must  allude. 

It  has  already  been  established  at  the  outset,  that  each  calpulli 
had  "its  particular  god,"  which  was  worshipped,  as  a  tutelar  deity, 
within  the  territory  of  that  calpulli.  Consequently  each  kin  had 
its  particular  medicine-lodge  or  temple.114  Besides,  the  last  one 
of  the  seventy-eight  places  into  which  Father  Sahagun  subdivides 
the  great  central  "teo-calli"  of  the  tribe,  is  described  by  him  as 
follows  : 

"The  seventy-eighth  edifice  was  named  calpulli,  these  were 
small  buildings  enclosing  the  inside  of  the  square,  these  little 
houses  they  called  calpulli,  and  there  the  principals  and  officials  of 
the  republic  gathered,  to  do  penance  for  four  days  preceding  each 
festival  occurring  at  twenty  days  interval.  Their  vigils  thus  lasted 
four  days,  during  which  time  some  of  them  ate  at  midnight  and 
others  at  noon."115 

This  statement,  which  is  confirmed  (according  to  the  learned 
Jesuit  John  Eusebius  Nieremberg)116  by  the  celebrated  physician 
and  naturalist  Francisco  Hernandez,  is  followed  by  another  one, 
not  less  important,  also  of  Sahagun  : 

"  They  offered  up  many  things  in  the  houses  which  they  called 
"  calpulli,"  which  were  like  churches  of  the  quarters,  where  those 
of  the  same  gathered,  as  well  for  to  sacrifice,  as  for  other  cere- 
monies they  were  wont  to  perform."117 

Thus  the  right  of  the  kin  to  "separate  worship"  appears  not 

"3  "Ancient  Society"  (p.  71). 

»4  Besides  the  positive  assertions  of  Sahagun  (Lib.  II,  Appendix,  p.  211.  Lib.  I, 
cap.  XIX,  p.  31) :  •'  se  pouian  en  una  de  las  casas  de  oracion  que  tenian  en  los  barrios  que 
ellos  Uamaban  calpulli,  que  quiere  decir  iglesia  del  barrio  6  parroquia"  and  (Lib.  II, 
cap.  XXXVH,  etc.),  we  have  also  the  testimony  of  Durdn  (Cap.  V,  pp.  42  and  43,  and 
Cap.  IX,  pp.  79  and  80),  and  Oviedo  (Lib.  XXXIII,  cap.  X,  p.  302). 

115  "  Historia  general,"  (Lib.  II,  Appendix,  p.  211). 

»6"  Historia  naturae,"  (.Lib.  VIII,  cap.  XXII,  p.  146). 

in  "  Historia  general,"  (Lib.  II,  Appendix,  p.  211.    See  note  114). 


623 

only  established  within  that  kin's  territory,  but  it  is  also  recog- 
nized even  at  the  central  medicine-lodge  of  the  tribe. 

A  further  evidence  of  it  is  found  in  the  manner  of  distribution 
of  the  captives,  upon  the  return  of  a  successful  war-party.  It  is 
known  that  prisoners  were  alwa3's  offered  up  to  the  idols.  Such 
a  person,  therefore,  as  soon  as  secured,  became  an  object  of 
"medicine;"  he  was  so  to  say  a  sacred  object.  Well  treated  as 
long  as  he  was  not  needed  for  the  slaughter-block,  nothing  could 
in  the  end  save  him  from  sacrifice.  But  this  sacrifice  itself  was 
not  made  in  behalf  of  his  captor,  but  on  behalf  and  for  the  kin  to 
whom  the  captor  belonged.  Therefore  upon  arrival  at  the  pueblo, 
the  prisoners  of  war  were  turned  over  to  the  respective  calpulli  as 
their  share  thus  furnishing  another  illustration  of  "Separate  Rites 
of  Worship"  of  the  kins  composing  the  ancient  Mexicans.118 

Having  alread}'  discussed,  in  a  former  paper,  the  tenure  of  Lands 
and  customs  of  Inheritance119  we  now  pass  on  to  one  of  the  most 
essential  features  of  tribal  society,  and  one  which  involves  some 
of  the  vital  points  of  organization  and  customs. 

The  kin  was  obligated  to  protect  and  defend  the  persons  and  prop- 
erty of  its  members,  and  to  resent  and  punish  any  injury  done  to 
them,  as  if  it  were  a  crime  committed  against  the  kin  itself.120 

The  impression  justly  prevails,  that  the  so-called  "  penal  code  " 
of  the  Mexicans  was  simple  but  severe,  death  being,  in  most  in- 
stances, the  punishment  of  offenders.  This  resulted,  in  a  great 
measure,  from  the  fact   that   any  offence  against  an  individual 

118  Mendieta  (Lib.  II,  cap.  XXVII,  p.  132),  rather  contradicts  himself  when  he 
says  first:  that  the  captive  belonged  to  his  captor,  but  at  the  same  time,  that  this  cap- 
tor was  even  killed  if  he  gave  away  his  prisoner  to  another  man.  Second  :  that  each 
one  had  to  watch  his  own  prisoners,  and  at  the  same  time  they  were  guarded  in  com- 
mon, and  at  the  risk  of  the  "barrio"  or  kin,  which  was  responsible  for  their  safe 
keeping.  Torquemad-a  (Lib.  XIV,  cap.  Ill,  p.  540)  copies  this  almost  literally. 
Much  more  positive  and  clear  is  Durdn  (Cap.  XIX,  pp.  172  and  173) :  "  mando  Tlacaellel 
repartir  loscautivos,  porque  eran  muchos,  por  todos  los  barrios  y  que  cada  barrio  se 

encargase  de  guardar  y  sustentar  tantos Los  mandones  de  los  barrios  repar- 

tieron  los  presos  a  cada  barrio,  a  como  les  cauia."  (Cap.  XXI,  p.  186) :  "  Monte^cuma 
los  mandaua  vestir  y  aderecar  y  llamauava  a  los  Calpixques,  que  son  los  mandoncillos 
de  los  barrios,  y  entregauanlas,  para  que  tuviesen  cuidado  dellos,  diciendo  que  eran 
la  merced  del  sol,  Senor  de  la  tierra.  que  los  daua  para  el  sacrificio."  (Id.,  cap.  XXII, 
p.  192.  Cap.  XXVIII,  p.  237) :  "  luego  fueron  repartidos  entre  los  barrios  y  encomenda- 
dos  a  los  mandoncillos."  (Cap.  XLII,  p.  343,  etc.).  Tezozomoc  (" Cronica,"  cap.  XXIX, 
p.  45;  XXXII,  p.  51;  XXXIII,  p.  53;  XXXVIII,  p.  61;  XLIX,  p.  80,  etc.),  confirms  Duran 
as  might  be  expected. 

119  "  Tenure  of  Lands  and  Customs  of  Inheritance,"  11th  Report  of  Peabody  Museum, 
1878. 

120  •' Ancient  Society,"  (pp.  76  and  77).  Compare  H.  Luden  ("  Geschichte  des  teutschen 
Volkes,"  pp.  601  and  502),  among  the  ancient  Germans. 


624 

became,  according  to  rules  of  kinship,  one  against  the  social 
group  to  which  he  belonged.  This  presupposes  again  a  general 
division  of  crimes  into  two  classes,  one  of  which  includes  such 
as  were  committed  by  members  of  the  kin  against  other  members 
thereof  or  against  institutions  of  the  same  group  to  which  they 
belonged.  The  other  comprises  offenses  committed  by  inhabitants 
of  one  calpulli  against  those  of  another.  It  is  only  the  first  class 
which  we  take  under  consideration  here,  the  second  we  reserve 
for  our  discussion  of  the  mode  of  government.  Crimes  com- 
mitted within  the  kin  can  be  classified  as  against  persons,  against 
property,  and  against  medicine. 

The  aborigines  of  Mexico  are  generally  represented  as  being, 
in  their  every-day's  intercourse,  of  a  quiet,  peaceable,  inoffensive 
disposition,  contrasting  strongly  with  their  savage  ferocity  in  war- 
fare. This  was  not  however  due  to  any  innate  gentleness  and 
mildness  of  nature,  but  only  to  the  peculiar  restraint  enforced  upon 
them  by  the  law  of  retaliation  or  revenge.121  Brawls  resulting  in 
bodily  injury  were  therefore  of  extremely  rare  occurrence,  and 
then  it  was  left  to  the  parties  to  settle  it  among  themselves.  In 
such  cases,  as  in  the  event  of  mutual  jealousy,  a  challenge  often 
passed  between  them,  and  this  challenge  brought  about  an  en- 
counter at  the  next  campaign  when,  while  the  warriors  were 
engaged  with  the  enemies  of  the  tribe,  the  contestants  fought 
as  if  they  had  belonged   to  opposite  camps,  until  one  of  them 

"iThe  character  of  the  Mexican  Aborigines  is  variously  depicted  by  older  writers. 
It  appears  as  a  mixture  ot  childlike  docility  and  fierce  passions.  Cortes  ("  Carta  Se- 
gunda,"  p.  18.  Vedia,  Vol.  I),  speaks  of  them  according  to  the  reports  of  the  Tlaxcalte- 
cans.  Bernal  JJiez  r  Bistoria  etc.,"  pp.  309  and  310.  Cap.CCVIlI.  Vedia  II).  specially 
dwells  on  their  vices  and  their  cruelty,  as  evidenced  in  their  sacrifices.  "  El  Conquista 
dor  Anonimo'  (Col.  de  Docum.,  I,  pp.  371.  383,  387,  and  397),  places  great  stress  on  their 
ferocity,  although  he  also  says  that  they  are  very  obedient.  The  missionaries  generally 
exalt  their  good  sides  — their  docility  and  faithfulness.  Compare  Motolinia  (Trat.  I, 
cap.  XIV,  pp.  76  and  77).  The  same  (Trat.  I,  cap.  II,  pp.  22  and  23),  mentions,  however, 
their  vices  also,  attributing  nearly  all  of  them  (idolatry  excepted),  to  their  inclination 
towards  intemperance.  (Trat.  II.  cap.  IV,  p.  113) :  "  Lo  que  de  esta  generaeion  se  piiede 
decir  es,  que  son  muy  extranos  de  nuestra  condicion  .  .  .  ."  Zurita  (p.  197—207),  is 
very  bitter  against  such  as  treat  the  Indians  as  barbarians.  (Id.,  42  and  45).  Mendieta 
(Lib.  Ill,  cap.  XL11L  p.  290),  says  that  they  were  very  willing  to  forgive  and  ask  to  be 
forgiven,  the  latter  taking  place,  before  going  to  confess  themselves,  sometimes  before 
all  the  relationship  and  the  neighbors:  •'  suelen  algunos  juntar  (al  tiempo  que  se  quieren 
confesar)  toda  su  parentela  y  vecinos  con  quien  communican.  y  pedirles  perdon  en  la 
manera  dieha."  Against  this,  it  is  reported  by  Torquemada  (Lib.  XIV,  cap.  I,  p.  535), 
that  "these  people  were  naturally  more  vindictive,  than  all  the  rest  of  the  world." 
Compare  also  the  descriptions  of  the  character  of  the  Mexicans  in  Clavigero  (Lib.  I, 
cap.  XV). 


625 

was  disabled  or  until  he  voluntarily  withdrew.122  Slanderers, 
however,  were  punished  b}r  the  kin,  having  their  lips  cut  off 
or  publicly  sliced.123  Homicide,  and  murder,  were  invariably 
punished  by  death.124 

Intemperance  in  public  was  free  to  people  more  than  seventy 
years  old,  while  if  grown  men  below  that  age  appeared  in  a 
drunken  state  (festivities  excepted),  their  heads  were  shorn  clean 
in  punishment.  But  whenever  the  delinquent  was  a  chief  he 
was  publicly  degraded  ;  and  any  officer  was  forthwith  removed 
and  relieved  of  his  duties.125     Women  who  attempted  to  act  as 

122  Gomara  (Vedia  I,  p.  440) :  "  no  traen  armas  sino  en  la  guerra,  y  alii  averiguan  sua 
pendeneias  por  desaflos."  Bartolome  de  las  Casas  (•'  Historia  apologitica  de  Indias," 
cap  213  and  214.  Vol.  VIII  of  Lord  Kingsborongh,  note  XLV,  p.  124).  Bystanders  in- 
terfered, separating  the  parties,  if  they  came  to  blows.  Motolinia  (Trat.  I,  cap.  II,  p. 
23),  says  that  such  strife  and  quarrels  only  occurred  when  they  were  drunk:  "  Y  fuera 
de  estar  beodos  son  tan  paciflcos,  que  cuando  rinen  mucho  se  empujan  uno  a  otro,  y 
apenas  nunca  dan  voces,  si  no  es  las  mugeres  que  algunos  veces  riiiendo  dan  gritos." 
(Cap.  XIV,  p.  76) :  "Sin  rencillos  ni  enemistades  pasan  su  vida."  Tor quemad 'a  (Lib.  XII, 
cap.  XV,  pp.  398  and  399).    Herrera  (Dec.  Ill,  Lib.  IV,  cap.  XVI,  p.  130). 

"3Zurita  ("  Rapport,"  etc.,  pp.  129  and  130)  speaks  only  of  children,  punished  by 
splitting  the  lips  for  lying.  This  is  copied  by  Herrera  (Dec.  Ill,  Lib.  IV,  cap.  XVI,  p. 
130)  and  Torquemada  ^Lib.  XIII,  cap.  XXX,  p.  478).  Vetancurt  (Part  II,  Trat.  Ill,  p.  482), 
however,  declares  this  punishment  to  have  been  meted  out  to  adults,  adding:  "  to-day 
there  would  be  many  without  lips,  so  much  do  they  lie."  Gomara  (•' Conquista,"  p.  438, 
Vedia  I)  speaks  of  this  punishment  as  having  been  instituted  by  Quetzalcohuntl.  and 
for  adults  as  well  as  for  children.  This,  attributing  it  to  Quetzalcohuatl,  is  an  evident 
error.  Compare  Sahagun,  (Lib.  Ill,  cap.  Ill,  p.  244).  Clavigero  (Lib.  VII,  cap.  XVII, 
p.  489)  is  positive  about  adults.  Bustamante  ("Tezcoco,"  p.  195)  says  that  slanderers 
were  killed. 

"'Las  Casas  ("Historia  Apologetica."  cap.  213,  Kingsb :  Vol.  VIII,  p.  123):  Destos 
era  el  que  mataba  a  otro,  el  cual  moria  por  ello."  Gomara  (Vedia  I,  p.  442) :  "  Matan  al 
matador  sin  excepcion  ninguna."  Mendieta  (Lib.  II,  cap.  XXIX,  p.  130) :  •'  Sentenciaban 
a  muerte  a  los  que  cornelian  enormes  y  graves  delitos,  asi  como  a  los  homicidos.  El 
que  mataba  a  otro,  moria  por  ello."  Torquemada  (Lib.  XII,  cap.  VIII,  p.  387),  almost 
copies  the  preceding.  Nearly  all  the  authors  agree  on  this  point,  except,  according  to 
Mr.  Bancroft  {"Native  Races,"  Vol  II,  p.  459.  note  59),  Duran,  who  is  said  to  assert: 
"that  the  murderer  did  not  suffer  death,  but  became  the  slave  for  life  of  the  wife  or 
relatives  of  the  deceased."  In  this  Duran  agrees  with  th  "  Codice  Ramirez."  Vetan- 
curt ("  Teatro,"  Vol.  I,  p.  485)  says  that  even  for  murder  committed  in  a  drunken 
state,  the  culprit  was  killed  (hung).  Clavigero  (Lib.  VII,  cap.  XVII,  p.  484)  briefly 
states  that  all  homicide  was  punished  with  death.  As  to  the  manner  ot  execution,  it  is 
variously  stated.    It  would  be  unsafe  to  attempt  going  into  details. 

125 It  is  well  known  that  there  was  an  idol  for  the  drunkards.  Sahagun  (Lib.  I,  cap. 
XXII,  p.  40)  even  gives  the  names  of  thirteen  "  dioses  del  vino."  According  to  Gregorio 
Garcia  ("  Origen  de  los  Indios,"  etc.  Lib.  Ill,  cap.  II,  §VI,  p.  92,  who  mentions  as  au- 
thority Fray  Estevan  de  Salazar,  "  Historia,  i  Iielacion  de  la  Teologia  de  los  Indios  Mexi- 
caws'"  lost  in  a  shipwreck,  1504),  they  had  three  hundred  gods  of  the  drunkards  "que 
de  solos  los  borrachos  tiener  300  Dioses."  See  also  Torquemada  (Lib.  VI,  cap.  XXIX, 
p.  58)  and  others.  The  punishments  are  given  by  me  after  Mendieta  (Lib.  II,  cap.  XXX, 
pp.  139  and  140).  Copied  textually  by  Torquemada  (Lib.  XIV,  cap.  X,  p.  550).  Besides 
these,  Zurita  (pp.  110-112)  asserts  the  same,  even  more  explicitly,  and  he  is  followed  by 
Herrera  (Dec.  Ill,  lib,  IV,  cap.  XVI,  p.  130).  Vetancurt  (Vol.  I,  p.  485).    Clavigero  (Lib. 


626 

procuresses  were  severely  punished,  though  not  with  loss  of 
life.126 

While  clandestine  relations  between  young  men  and  girls  were 
known  to  exist  and,  if  not  sanctioned,  still  were  not  punished,127 
it  was  different  if  a  married  man  attempted  to  seduce  a  maiden 
who  was  not  an  outcast.  The  seducer  was  invariably  punished.1'28 
Intercourse  between  unmarried  people  was  tolerated,  as  a  pre- 
liminary to  marriage  and  the  consequent  increase  of  kinship,  but 
if  a  husband,  in  contravention  of  the  obligation  "not  to  marry 
in  the  kin,"  endeavored  to  satisfy  his  lusts  upon  one  of  that  kin's 
wards,  as  the  daughters  of  members  all  were,  then  he  committed 

VII,  cap.  XVII,  p.  488),  all  affirm,  besides,  that  young  people,  while  yet  in  care  of  the 
"  houses  of  training,"  if  intoxicated,  were  killed.  This  is  also  confirmed  by  Sahagun 
(Lib.  III.  appendix,  cap.  VI,  pp.  270  and  271).  Except  by  Motolinia  (Trat.  I,  cap.  II.  pp. 
22  and  23),  it  is  generally  conceded  that  drunkenness  was  well  controlled  in  aboriginal 
Mexico. 

126  Although  prostitution  was  tolerated,  still,  houses  of  ill-fame  did  not  exist.  Tor- 
quemada  (Lib.  XII,  cap.  II.  p.  376):  "  Esto  parece,  porque  permitieron,  que  huviese 
Mugeres,  que  se  daban  a  los  que  querian,  y  se  andaba  a  esta  vida  suelta,  y  gananciosa, 
como  las  de  nuestra  Espana,  y  otros  Reinos;  puesto  que  no  tenian  casa  senalada,  ni 
publica  para  la  execucion  de  su  mal  oficio,  sino  que  cada  qnal  moraba  donde  le  parecia, 
y  el  acto  deshonesto,  en  que  se  ocupaba,  servia  de  lugar  publico,  y  en  el  mismo  vicio  se 
hacia  publica  y  se  manifestaba."  Vetancurt  (Vol.  I.  p.  480) :  "  Permitian  los  mexicanos, 
mujeres  que  ganasen  con  sus  cuerpos,  aunque  no  tenian  lugares  senalados."  It  is, 
therefore,  not  quite  clear  what  may  be  meant  by  the  term  "  aleahueta."  In  the  sense  of 
the  French  word  "entremettense,"  alone,  they  were  amenable  to  punishment,  since  it 
was  the  duty  of  the  man  to  hunt  his  "female,"  although  he  sometimes  employed  women 
called  "cihuatlanqui"  for  that  purpose.  I  suppose  that  such  women  were  punished, 
not  for  the  immorality  of  their  conduct,  but  for  their  unauthorized  forwardness  in 
addressing  themselves  to  men,  and  thus  trespassing  upon  the  dignity  of  that  superior 
being.  In  regard  to  authorities  on  the  mode  of  punishment,  I  but  refer  to  those  quoted 
by  Mr.  H.  H.  Bancroft  (Vol.  II,  p.  469,  note  101). 

127 1  have  already  shown  that  young  people  held  intimate  relations  with  each  other 
before  the  formalities  of  marriage  were  arranged.  Thus,  while  he  was  yet  at  the 
"Telpuehcalli,"  the  youth  had  his  female  friend,  "amiga"  or  "manceba,"  outside. 
This  is  positively  staled  by  Sahagun  (Lib.  Ill,  appendix,  cap.  VI,  p.  271):  "y  estos 
mancebos  tenian  sus  amigas  cada  uno  dos  6  tres,  la  una  tenian  en  su  casa,  y  las  otras 
estaban  en  las  de  sus  familias,"  and  Torquemada  (Lib.  XII,  cap.  Ill,  p.  376).  That 
these  female  "friends'*  were  regarded  with  more  than  a  feeling  of  platonic  love, 
is  dryly  expressed  by  Sahagun  (Id  :  cap.  V,  p.  270) :  "  y  los  que  eran  amancebados  ibanse 
a  dormir  con  sus  amigas."  It  is  also  asserted  by  Torquemada  (see  above) :  "que  despues 
que  aquel  mancebo  havia  nn  Hijo,  en  la  dicha  manceba,  luego  le  era  forcoso,  6  dejarla, 
6  recibirla  por  muger  legitiina."  Vetancurt  (Vol.  I,  p.  480):  "los  mancebos  antes  de 
casarse  tenian  sus  mancebas,  y  solian  pedirlas  a  las  madres."  This  almost  establishes 
promiscuity  among  the  ancient  Mexicans,  as  a  preliminary  to  formal  marriage. 

128  Clavigero  (Lib.  VII,  cap.  XVII,  p.  485)  says  that  the  punishment  was  not  like  that 
of  the  adulterer,  "  because  the  husband  was  not  required  to  the  same  amount  of  con- 
jugal fidelity  as  the  wife."  With  "  slaves  "  concubinage  was  permitted,  and  the  result 
of  childbirth  was  freedom  to  the  child.  Death  was  invariably  the  punishment  of 
those  who  held,  or  attempted  to  hold,  intercourse  with  girls  in  care  of  the  house  of 
worship.  Zurita  (p.  106,  etc.).  Mendieta  (Lib.  II,  cap.  XXIX,  p.  136):  "El  que  hazia 
fuerza  a  virgen,  ora  fuese  en  el  campo,  ora  en  casa  del  padre  moria  por  ello." 
Report  Peabody  Museum,  II.  40 


627 

a  crime  which  the  calpulli  was  bound  to  punish  in  the  most  exem- 
plary manner. 

While  we  are  not  at  all  surprised  at  such  severity  in  the  cases 

above  stated,  it  cannot  fail  to  astonish  us,  that  such  apparently 
harmless  acts  as  those  of  a  man  wearing  female  dress  and  of  a 
woman  appearing  in  male  attire  were  visited  upon  the  offenders 
with  death.129  Still,  the  ancient  Mexicans  could  assign  from 
their  peculiar  point  of  departure  good  cause  for  such  cruel  punish- 
ments. The  position  of  woman  was  so  inferior,  they  were  regarded 
as  so  Car  beneath  the  male,  that  the  most  degrading  epithet  that 
could  be  applied  to  any  Mexican,  aside  from  calling  him  a  dog, 
was  that  of  "  woman."  It  was  more  injurious  than  coward.  Now, 
for  a  man  to  assume  the  garb  of  such  an  inferior  being  became 
almost  equivalent  to  a  crime  against  nature.  It  was  an  act  of 
wilful  degradation  which  was  a  deadly  insult  to  his  own  kin.  On 
the  other  hand,  if  a  woman  presumed  to  don  the  dress  of  her 
lord  and  master,  it  again  was  a  crime  of  an  equally  heinous 
nature.  In  both  cases  the  dignity  of  the  whole  consanguine 
group  became  deeply  affected,  and  death  alone  could  satisfy  its 
honor.  After  this,  it  is  needless  to  say  how  the  actual  crimes 
against  nature  were  regarded  and  punished.130 

It  was  also  a  capital  crime  for  any  man,  to  assume  the  dress 
or  ornaments  peculiar  to  an  office,  without  being  himself  that 
office's  lawful  incumbent.  Besides  being  a  grave  insult  to  the 
rightful  officer,  it  was  a  dangerous  offence  towards  the  kin, 
especially  in  case  of  war,  when  it  amounted  to  actual  treason.131 

Since  it  was  the  kin's  duty  to  protect,  not  only  the  persons,  but 
also  the  propert}'  of  its  members,  it  follows  that  adultery  com- 
mitted with  a  married  woman  entailed  deadly  punishment  upon 
the  male,  whether  he  was  married  or  not.  His  crime  was  that  of 
stealing  the  most  precious  chattel  of  one  member  of  the  calpulli. 

121  This  is  so  generally  mentioned  by  all  authors,  that  special  references  are  super- 
fluous. 

1311  All  authors  insist  that  incest  was  punished  with  death.  Torquemada  (Lib.  XII, 
cap.  IV.  p.:S8u):  "  Todos  los  que  cometian  incestoen  el  primer  grado  de  cousanguinidad, 
tenian  penn  de  muerte,  si  no  eran  cunados,  y  cunadas."  Mendieta  (Lib.  II,  cap.  XXIX, 
p.  137).  Vetancurt  (Vol.  1,  p.  4S1).  All  these  authors  appear  to  have  gathered  their 
imormation  from  the  same  source,  or  rather  Torquemada  is  Irequently  Mendieta's 
plagiary,  while  Vetancurt  often  copies  Torquemada.  To  avoid  superfluous  quotation, 
I  beg  tn  refer,  on  the  subject  of  "  unnatural  crimes,"  to  Bancroft  (Vol.  II,  pp.  46(j,  467 
and .4f>8,  "  Native  Haas"). 

is'  Men  Hi  ta  (Lib  II.  cap.  XXVI r,  p.  132),  copied  by  Torquemada  (Lib.  XIV,  cap.  Ill, 
p.  540),  Durdn  (Cap.  XXVI,  pp.  _14,  215  and  -216),  and  others. 


628 

The  woman,  as  participant  in  the  offence,  was  also  killed.  Both 
were  executed  in  public.132  Theft  of  objects  was  variously  pun- 
ished. If  the  article  was  of  small  value  and  could  be  returned, 
its  restitution  settled  the  matter;133  but  if  it  were  of  greater  value 
and  could  not  be  returned,  then  the  thief  became  "  bondsman"  to 
the  injured  owner  or  even  suffered  death  for  his  crime.134     The 

i»Hf,  however,  the  husband  killeil  the  wife  himself,  even  if  he  caught  her 
flagrante  delicto,  he  lost  his  own  life.  This  shows  clearly,  that  the  crime  was  consid- 
ered as  one  not  so  much  against  the  man,  as  against  the  cluster  of  kindred  to  which 
he  belonged,  and  they  were  consequently  not  only  bound  but  entitle!  to  avenge  it. 
Evidence  of  this  punishment  of  the  injured  husband  in  ca.-e  he  avenged  himself,  is 
found  in  many  authors.  See  Mendieta  (Lib.  II.  cap.  XXIX,  p.  130),  Torquemada  (Lib. 
XII,  cap.  IV,  p.  37s),  Clavigero  (Lib.  VII,  cap.  XVII,  p.  481),  and  H.  II.  Bancroft  (Vol. 
II, p.  4H5). 

In  strange  contrast  with  the  frequent  assertions  of  the  high-handed  manner  in 
Which  the  chiefs  are  said  to  have  used,  at  their  wdl  and  good  pleasure,  the  women  of 
the  land,  as  for  instance  in'  Gomara  (Vedia  I,  pp.  438  and  439),  Motoiinia  (Trat.  II. 
cap.  VII,  p.  125)  and  others,  we  find  it  positively  stated  that  adultery  and  rape  were 
severely  punished  even  in  the  case  of  the  highest  officers  and  chieftains.  Tims, 
the  case  of  the  chief  of  Tlaxcallari.  who  was  executed  for  adultery,  is  related 
with  full  details  by  Las  Casas  ("  Hist,  apologetica."  Cap.  213,  in  Vol.  VIII,  of  Kings 
borough,  p.  123),  Zurita  (pp.  107  and  108)  Torquemada  (Lib.  XII,  cap.  XV,  p.  3!«J)-  An- 
other story  of  a  son  of  the  chief  of  Tezcuco,  killed  lor  intercom  e  with  girls  then  in 
the  houses  of  worship,  is  also  fully  given.  IxtiUxocMtt  ("  Hist,  des  ChichimS- 
ques,"  Cap.  XLIV,  pp.  315-320),  Torquemada  (Lib.  II,  cap.  LXV.  p.  189),  etc.  These  are 
strange  contradictions  and  are,  sometimes,  found  even  between  fact  and  fact  as  told 
by  the  same  author. 

133  Gomara  (Vedia  I,  p.  412),  says  :  "  El  ladron  era  esclavo  por  el  primer  hurto,"  but 
this  is  not  sustained  by  others,  in  the  case  of  small  thefts.  For  instance.  Mendieta  ( Lib. 
II,  cap.  XXIX,  p.  138) :  "  El  ladron  que  hurtaba  Inn  to  notable,  ....  por  la  primera  vez 
era  hecho  esclavo."  Torquemada  (Lib.  XII.  cap.  V,  p.  381),  but  especially  (Lib.  XIV, 
cap.  XXI,  p.  504):  "Al  que  hurtaba  peqnenos  Juntos,  si  no  eran  mny  frequentados,  con 
pagar  lo  que  hurtaba  hacia  pago."    Clavigero  (Lin.  VII,  cap.  XVII). 

134  The  statements  are  positive  to  that  eflect.  Mendieta  (Lib.  II,  cap.  XXIX.  p.  138), 
Torquimada  (Lib.  XII,  cap.  V,  p.  381),  Vetancurt  (Vol  I,  p.  4Si).  "■Anonimo"  (Col  de 
Doc:  I,  p.  383)  exaggerates.  '-De  I'ordre  de  Succession  observe  par  /es  Indiems"  Mr. 
Ternaux  Compans'  translation  of  a  Simancas  MSS.,  (1-t  Itemed,  p.  228)  confirms  the 
"anonymous."  Fray  Francisco  de  Bologna  (u  Lett  re  an  Jl.  I'  Clement  de  Monilia,"  1st 
Becueil.  p.  211) :  "  lis  n'etaient  pas  ties  crnels  dans  les  punitions  qu'ils  infligeaient  aux 
coupables."  Gabriel  de  Chaves  {"Rapport  *nr  la  province  de  Meztitlan,'  French 
translation  by  Mr.  Ternaux,  2d  Kecueil,  p.  312,— original  held  by  Sr.  Icazbalceta). 
Herrera  (Dec.  Ill,  lib.  IV,  cap.  VII,  p.  121),  about  Nicaragua  :  "Cortaban  los  Cabcllos 
al  Ladron,  i  quedaba  Esclavo  del  Dueiio  de  lo  huitado,  hasta  que  pagase."  (Lib.  III. 
cap.  XV,  p.  101).  at  Izcatlan  :  '-con  los  hienes  del  Ladron.  de*pues  de  justiciado,  s.  t- 
isl'acian  al  agraviado.  Ixtlilxochitl  ("  Hi<toire  des  Chichimeques,"  Cap.  XXXVIII,  p. 
266) :  "  Celui  qui  volait  dans  les  villages  on  dans  los  maisons  devenait  l'eselave  du  vole, 
qnand  il  n'avait  pas  commis  d'effraetion.  et  que  le  vol  etait  de  pen  d'importan  e ;  dans 
lecas  contraire  il  etait  pendu."  C.  Ortega  (Appendix  to  Veytia,  Vol.  Ill,  p. 225):  '•  Casi 
siempre  se  castigaba  con  pena  demueite,  a  menus  de  que  la  parte  ofeudida  conviniese 
en  ser  indemnizada  por  el  ladron.  Tambien  teni.-i  el  ladron  la  pena  de  ser  esclavo  del 
dueiio  de  lo  que  robaba ;  y  si  e  te  no  lo  queria,  era  vendido  por  los  juezes,  y  con  su 
precio  se  pagaba  el  robo."    Rustumante  (■■  Tezcoco,"  Parte  Ilia,  cap.  I.  p.  li>7). 

Several  of  the  authors  above  quoted,  relate  the  well  known  tie  about  "  Wrathy 
chief"  (Montezuma)  picking  some  ears  of  corn  in  a  gaideuplot,  for  which  lie  was  ap- 


629 

duration  of  this  bond,  whether  for  certain  time  or  for  life,  is  not 
stated.  If  any  one  changed  the  limits  (lines)  of  the  individual 
lots  ("talmilpa"),  or  of  the  official  tracts,  he  lost  his  life.  His 
offence  was  not  so  much  against  the  occupant  as  against  the 
kin,  who  had  fixed  the  destination  of  each  particular  plot  of  land, 
and  determined  its  boundaries.135  It  is  also  mentioned  that  "he 
who  squandered  the  property  of  minors  left  to  his  care"  suffered 
death  for  it.  The  case  could  only  be  that  of  an  oldest  son,  or  of 
a  father's  brother,  in  whose  care  the  "  tlalmilli"  improved  by  the 
deceased  was  left,  to  be  improved  for  the  benefit  of  the  latter's 
children.  If  now  this  warden  failed  to  have  that  lot  tilled  for 
two  years,  it  became  lost  to  his  wards,  who  were  thereby  left 
without  means  of  subsistence.  There  was  no  restitution  possi- 
ble, therefore  the  negligent  administrator  paid  with  his  life  for 
the  neglect.136 

In  general,  we  discern  the  ruling  principle  :  that  for  theft  there 
were  but  two  ways  of  atonement.  One  consisted  in  the  return 
of  the  stolen  property,  and  if  that  was  no  longer  possible,  then 
the  person  of  the  thief  had  to  suffer  for  it.  Wherever  no  bodily 
labor  could  replace  the  value  of  the  loss  (as  in  the  last  case  men- 
tioned) the  life  of  the  criminal  became  forfeited  to  the  kin,  since 
the  sufferers  looked  to  that  cluster  for  redress.137     This  carries  us 

prebended  by  its  owner  or  at  least  occupant.  This  story  shows,  that  no  chief  was 
exempt  from  punishment  even  for  slight  misdemeanors. 

I  refer  to  Torqnemada  (Lib.  XIV,  cap.  XXI.  p.  5(4),  Vetancurt  ("  Teatro"  Vol.  I,  p. 
48:!),  Buxtamante  ["Tezcoco,"  p.  197)  for  the  assertion  that  the  kin  of  the  thief 
assisted  him  in  discharging  the  penalty  for  his  crime.  The  former  says  :  '•  y  si  no  tenia 
de  que  pagar,  una,  y  dos  veces,  los  parientes  se  jnntaban,  y  repartian  eutre  si  el  valor 
del  huvto,  y  pagaban  por  el,  diez,  y  doce  mautas,  y  desde  arriba:  ni  es  de  creer,  que 
hauian  Esclavo  por  qutirenta,  ni  cinquenta  mazoroas  de  inaiz,  ni  por  otra  cosa  de  mas 
precio,  si  el  tenia  deque  pagar,  6  los  Parientes."  On  this  important  point  — the  soli- 
darity of  the  kindred  in  the  case  of  the  crime  of  one  of  their  number,  see,  further  on, 
note  137. 

135To  the  authorities  so  frequently  quoted  on  other  subjects,  I  will  add  here  Ixtlilxo- 
chitl  (•'  Relaciones  historicas,"  Vol.  IX,  Lord  Kingsbo rough,  p.  387). 

130  Torqnemada  (Lib.  XII,  cap.  VII.  p.  385)  calls  tins  an  "  extravagant  law."  Further 
quotations  useless. 

137  It  is  stated  by  A.  de  Vetancurt  (•'  Teatro  Mexicano,  Vol.  I,  p.  483) :  "  En  los  hurtos- 
era  ley  general  que  siendo  cosa  de  valor  tenian  pena  de  muerte;  y  si  la  parte  se  conve- 
nia.  pagaba  eu  mantas  la  cantidad  al  dueno,  y  otra  mas  para  el  flbco  real;  a  esto 
acudiun  los  parientes."  This  "obligation  to  help"  on  the  part  of  the  kin  we  have 
already  met  with  in  the  case  of  marriage,  where  the  kin  assisted  the  newly  married 
couple.  (See  Zurita,  '* Rapport,'"  p.  132):  "Si  le  jeune  homme  etait  pauvre,  la  com- 
munaute  oti  il  avait  ete  eleve  l'aidait."  We  find  it  subsisting  after  the  conquest, 
as  when  an  Indian  died,  leaving  debts,  his  kinship  paid  them  for  his  estate  (which  in 
most  cases  was  insolvent),  or  "worked  it  out  for  him."  This  is  asserted  as  follows  by 
Fray  Augustin  Davila  Padilla  (.'•Ilistoria  de  la  Fundacion  y  Discurso  de  la  Provincia  de 


630 

to  a  class  of  thefts  and  other  similar  offenses,  committed  against 
worship  or  "  medicine." 

Any  attempt  at  seduction  of  a  female  who  had  taken  the 
pledge  of  chastity  in  behalf  of  medicine,  was  most  cruelly  pun- 
ished, both  in  the  persons  of  the  seducer  and  the  female  ;  and  if  a 
medicine-man  broke  his  vows,  he  suffered  a  horrible  death.138 

We  have  already  mentioned  that  it  was  a  capital  crime  on  the 
part  of  a  warrior  to  take  for  himself  a  prisoner  of  war  secured  by 
another.139  Such  cases  occurred  only  during  an  engagement  or 
immediately  after  it.  Why  an  action  of  that  kind  should  entail 
so  rigorous  a  punishment  can  be  easily  inferred,  if  we  recollect 
that  a  captive  of  that  kind  became  at  once  sacred  —  an  object  of 
medicine.  No  return  could  atone  for  the  offence,  since  it  had  been 
committed  against  the  ktiites  of  worship,"  one  of  the  ''Mil's'  most 
sacred  and  important  attributes.  Under  the  same  head  must  be 
placed  the  capital  punishment  of  such  as  wrongfully  appropriated 
to  themselves  gold  or  silver.  Both  of  these  metals  were  regarded 
as  objects  of  medicine,  and  whoever  seized  them  unlawfully,  com- 
mitted a  crime  against  worship  also.140 

Santiago  de  Mexico?  2d  Edition,  1625,  Lib.  I,  cap.  XXVI,  p.  83) :  "Si  muere  alguiio  dellos 
con  deudas,  como  si  Ids  deudos  las  heredasseu  por  parecerse  deudas  y  deudas  en  el 
nornbre,  procuran  In  ego  entre  los  parientes  pagartas,  porque  el  anima  de  su  dil'uhto  no 
dilate  la  en  trad  a  en  el  cielo.  Y  si  no  tienen  caudal  para  pagar,  procuran  que  se  per- 
done  la  deuda,  y  sino  salen  con  esta  trac  i,  se  dan  luego  todos  en  servicio  ,il  acreedor 
hasta  que  del  todo  se  pague  lo  que  el  difunto  devia.  Viviendo  yo  en  el  colegio  de  San 
Liiys  de  predicadores  el  afio  de  1586,  sueedio  morir  un  Indio  que  trabijaua  en  aqnel 
sumptuoso  editi.'io,  y  era  muy  diestro  cantero;  auia  recibido  dineros  adelanta  los,  y 
quando  murio  quedava  devierido  veynte  pesos,  6  reales  de  a  ocho.  VihSeron  luego 
al  colegio  los  parientes  reebnocienda  la  deuda,  y  pidiendo  que  los  oeupasen  en  servicio 
del  colegio,  para  que  se  descontasse  lo  que  su  det'uuto  deuia.  No  se  les  dauamucho  a 
los  padres  del  colegio  por  cobrar  estos  dineros;  porque  demas  de  set  pocos  no  parecia 
que  auia  nn>  lo  para  cobrarlbs;  y  mas  por  acndii'S  la  devocionde  los  deudos.  le  dixeroh 
a  nno,  que  vinresse  a  trabajar  en  la  hue  it  a.  Era  niarauilloso  el  cuydado  del  Indio;  ans*i 
en  venir  cada  ilia,  como  en  venir  muy  de  mafiana;  y  preguntandole  un  religioso  la 
causa  de  su  cuydado,  dixo,  que  le  tenia  poique  su  pariente  se  fuesse  al  cielo.  y  desde 
alia  le  ayudasse  con  Dios,  y  no  estuviesse  en  el  inflerno  cliiquito,  que  los  predicadores 
llaman  purgatoVio." 

My  friend  Col.  F.  Hecker,  to  whom  I  communicated  the  above,  at  once  recognized 
in  it  an  analogue  to  the  ancient  Teutonic  " Gesammt-Jhirgschaft."  He  called  my  atten- 
tion to  the  remarkable  organization  of  the  Germans.  Compare  Luden  ("Gexchichte;" 
etc'..  Vol.  I,  p.  502).  which  valuable  source  I  also  owe  to  the  kindness  oi'  the  distin- 
guished German  jurist. 

138  In  regard  to  "priests  "  it  is  also  stated  that  they  were  merely  degraded  and  cast 
away;  but  this  is  hardly  probable  since,  the  higher  the  position  of  the  culprit,  the 
severer  was  his  punishment. 

139  Compare  also  II.  II.  Bancroft  (Vol.  II,  p.  419).  I'rescott  ("  Conquest,"  Book  I,  chap. 
ter  II,  p.  47). 

liaMendieta  (Lib.  II,  cap.  XXIX,  p.  138).     Fetartcurt  (Vol.  I,  p.  484) :  "Al  que  hurtaba 


031 

In  the  above  review  of  those  offenees  .and  their  punishments, 
immediately  connected  with  that  rule  of  tribal  society  which 
places  the  persons  and  property  of  the  members  of  a  kin  under 
that  kin's  special  protection,  we  cannot  pretend  to  have  furnished 
more  than  illustrations,  and  not  at  all  a  full  catalogue.  Still, 
enough  has  been  told,  we  believe,  to  explain  what  is  frequently 
styled  the  '-'penal  code"  of  the  ancient  Mexicans.  It  is  well 
known,  that  no  actual  written  laws  existed,  but  on  the  other 
hand,  at  the  time  of  the  Spanish  conquest,  the  natives  still  had 
a  large  number  of  paintings  which  represented  their  own  manners 
and  customs.  Since  a  considerable  proportion  of  these  picture- 
leaves  bore  on  the  same  subjects,  the  inference  could  be  easily 
drawn  that  they  indicated  forms  for  the  guidance  of  the  people, 
or  in  other  words,  that  they  were  a  substitute  for  a  written  code. 
This  was  not  at  all  their  object.  They  were  simply  efforts  of 
native  art  intended  to  represent  scenes  of  everyday  life,  since 
these  were  the  most  handy  subjects  for  such  purposes.  There- 
fore such  pictures  are  to  be  regarded  as  convenient  remains  of 
aboriginal  art,  out  of  which  many  details  concerning  aboriginal 
customs  may  be  gathered,  but  not  as  "official"  sources,  from 
which  to  seek  information  as  to  the  "law  of  the  land."141 

plnta  y  oro  lo  desollaban  vivo  y  sarrificaban  al  dios  tie  los  platcros, que  llamaban  Xipe, 
y  lo  saeaban  pot  las  calles  para  esearmiento  de  otros,  por  ser  el  delitb  contra  el  <lios 
flngido."  Tins  sacrifice  to  one  particular  Idol,  however,  is  neither  mentioned  by  Tor- 
queinada  nor  by  his  predecessor  ami  main  source,  Meudieta.  Clavigero  (Lib.  VII,  cup. 
XVII,  p.  487)  copies  V<  taneurt  almost  tcxtually.  So  does  Ortega  (Vol.  III.  p.  225,  Ap- 
pendix to  Veylia's  "hist.  Antigua").  ISustamante  (••Tezcoco"  p.  19ti)  copies  the  former 
asain.  Still  it  is  singular  that  the  older  the  source,  that  is,  the  nearer  in  date  to  the 
time  of  the  conquest,  the  less  po.-itive  it  is  on  the  point  of  sacrifice.  It  will  be  safe  to 
admit  that  the  criminal  was  killed  for  a  crime  committed  against  worship,  without  in- 
sisting upon  a  particular  place  or  mode  of  punishment. 

141  Else  where  ("On  the  Sources  for  Aboriginal  History  of  Spanish  America,"  in  Vol. 
XXVII  of  tile  " Proceedings  of  the  American  Association  for  Advancement  of  Scii  nee," 
l.sTs)  I  have  attempted  a  discussion  of  the  nature  of  Mexican  paintings,  and  of  their 
value  as  sources  of  history.  I  will  add  here  but  two  positive  declarations,  on  the 
subjects  of  the  paintings,  which  1  had  not  noticed  at  the  time  "he  above  paper  was 
read  at  St.  Louis,  Missouri,  Aug  ,  1878.  Juan  de  Sclorzano- Pereyra  ('•Disputiiti<  vein 
de  Indii.rum  Ju  e."  K.'2fl.  Vol.  1.  Lib".  II,  cap.  VIII,  p.  3:n.  §  !Xi) :  "Quod  de  I'hoenicibus 
t  adit  etiarh  Lucanus.  et  in  Mexicanis  riostris  experti  fuimus,  qui  si  non  liueris, 
imaginibUS  tamen,  et  (iguiis  ea  omnia,  qua  sibi  memoranda  videbantur,  siguificabant, 
et  conservabant."  The  other  is  of  recent  date,  being  taken  from  a  discourse  de- 
livered before  the  "Academia  Mexicana.''  by  my  friend  Sefior  D.  J.  G.  Icazbalceta 
("Las  P.ibliotecas  de  Eguiara  y  de  Beristain,"  p.  353  of  No.  4,  Vol.  I,  of  "Memorias  de  la 
Academia") :  "  El  ant.iguo  pueblo  que  oeupaba  este  suelo  no  conocia  las  letras,  y  con  eso 
esta  dicho  que  no  podia  tenor  esovltores  ni  literatura.  Su  imperl'ectisimo  sibtema  de 
representar  los  objetos  e  ideas,  tenia  que  limitarse  a  satisfacer,  hasta  donde  podia,  las 
necesidades  mas  urjrentes  de  la  sociedad,  sin  aspirar  a  otra  cosa.  Asi  es  que  no  se 
empleaba  sino  en  registrar  los  tributos  de  los  pueblos,  en  senalar  los  limites  de  las 


632 

In  this  rapid  sketch,  we  have  failed  to  find,  among  aboriginal 
modes  of  punishment,  two  which  were  common  to  almost  every 
nation  of  the  old  world,  namely :  whipping,  and  imprisonment. 

Whipping,  beating,  or  lashing  was,  among  the  Mexicans  as  well 
as  amongst  all  American  natives,  known  only  as  a  deadly  insult. 
It  is  nevertheless  true  that  the  Mendoza  Codex  contains  pictures 
representing  a  Mexican  father  who  applies  to  a  son  the  rod  of 
punishment.142  Again,  the  candidate  for  the  office  of  chief  had 
to  endure  beating143  along  with  the  other  sufferings  incident  to 
his  time  of  trial.  But  no  "•bondsman"  was  ever  whipped  or 
flogged,  neither  was  a  criminal  subjected  to  this  degrading  penalty, 
for  which  death  would  have  been  a  thousand  times  preferable.144 

The  Mexicans  had  places  of  confinement  —  dark  and  gloomy 
recesses  with  entrances  compared  to  "  pigeon-holes."145  Every 
official  building,  and  also  the  places  of  worship  contained  them. 
They  were  called:  "place  of  the  taken  one,"  "  teilpiloyan  ;" 146 
"place  of  entombment  or  confinement,"  "Tecaltzaqualoyan,"147 
and  "house  of  wood,"  Quauhcalli."  148  The  latter,  which  is  par- 
ticularly described  as  a  wooden  cage  placed  within  a  dark  cham- 
ber, was  reserved  for  those  whose  doom  was  sealed,  whether  they 
were  criminals  sentenced  to  immediate  execution,  pr  captives  to 

hcredades.  en  recordar  las  ceremonias  de  la  religion,  y  en  contribuir  a  conservar  la 
memoriii  de  1<>s  sucesos  mas  notables,  que  aim  con  ese  auxilio  habria  perecido,  &  no 
perpetuarse  en  las  iradiciones  recogidas  por  los  prinieros  predicadores  del  Evangelio." 

»•■"•  Mendoza  Codex"  (Kingsborough,  Vol.  I,  plates  LX,  part  3),  the  boy  being  nine 
years  old. 

MMewlieta  (Lib.  IT.  cap.  XXXVIII.  p.  157).  Torquemnda  (Lib.  XI,  cap.  XXIX,  p. 
362).     Cliwigero  (Lib.  VII,  cap.  XIII.  p.  472),  etc.,  etc. 

i"  It  was  no  dishonor  to  suffer  tortures,  but  whipping  was  a  deadly  insult,  as  among 
other  Indians. 

i«  Mendieta  (Lib.  II,  cap.  XXIX.  p.  138) :  "Tenian  las  earceles  dentro  de  una  casa 
oscura  y  de  poca  claridad,  y  en  ella  hacian  su  janla  6  jaulas;  y  la  puerta  de  la  casa 
que  era  pequena  oomo  puerto  de  palouiar,  eerrada  por  defuera  con  tablas,  y  arrimadas 
grandes  piedras."     Torquemnda,  (Lib.  XL  cap.  XXV,  p.  35:!). 

iw Molina  (II,  p.  94),  "teilpi"  —  el  que  prende  o  encarcela  a  otro"— '•  teilpiliztli " 

"  prendiniiento  tal."    (Id.  I,  p  1)8).  -  prendei niteylpia."    Among  the  78  edifiVes  of 

the  great  central  place  of  worship,  Sahagun  (Lib.  II,  Appendix,  p.  210)  mentions  one 
place  "Acatluyiacapan  Veicalpnlli"  "e.-taera  una  casa  donde  juntaban  los  esclavos 
que  habian  de  matar  a  horn  a  de  los  Tlaloques."  (Id.,  Lib.  VIII,  cap.  XV,  p.  304.  Cap. 
XXI,  p.  309)  mentions  "j'lils"  in  connection  witli  the  official  house  or  •'  tecpan."  That 
the  different  calpulli  or  "barrios"  had  each  its  places  of  confinement  is  noticed  by 
Durdn  (Cap.  XXI,  p.  187):  '-Los  calpixques  los  receuian  y  los  ponian  en  las  casas  de 
mis  comunidades  6  del  sacerdote  de  tal  barrio." 

»«  Molina  (II.  p.  91) :  '■  Tecalli  "  a  vault,  "  casa  de  boveda."  Since  the  Mexicans  had 
no  arches,  it  meant  actually  a  tomb. 

"8  Molina  (II,  p.  8  i) :  "  Jaula  grande  de  palo,  adonde  estauan  los  presos  por  sus  del- 
ictos." 


633 

be  sacrificed  forthwith.149  The  two  former  kinds  of  prisons  were 
used  for  lighter  degrees  of  offenders.  At  any  rate  they  were  but 
temporary  places  of  detention,  for  any  prisoner  left  there  for  an}' 
length  of  time  invariably  died  of  hunger,  filth,  and  bad  air.  Per- 
manent  confinement  simply  meant  death.150 

The  execution  of  all  these  penalties  necessarily  presupposed 
for  the  kin  a  regulated  administration.  It  therefore  leads  us  to 
the  governmental  machinery  proper  of  the  calpulli.  The  nature 
of  this  government  is  expressed  by  the  following  rule  of  kinship, 
already  found  in  vigor  among  more  northern  Indians. 

The  kin  had  the  right  to  elect  its  officers,  as  icell  as  the  right  to 
remove  or  depose  them  for  misbehavior. lbl 

This  at  once  establishes  the  calpulli,  as  we  have  already  stated 
in  several  places,  to  be  an  autonomous  body,  enjoying  self- 
government,  consequently  a  democratic  organization.  The  truth 
of  this  we  intend  to  show  by  an  investigation  of  the  different  offi- 
ces to  which  the  care  of  the  kin's  business  was  committed. 

A  council,  consisting  of  a  number  of  old  men,  formed  the  high- 
est authority  of  the  calpulli.  How  many  the}'  were  is  not  stated, 
but  it  is  probable  that  their  number  varied  according  to  that  of 
the  members  of  the  kin.  Medicine  men  may,  also,  have  been 
members  of  this  body,  which  held  its  meetings  at  intervals  in  the 
official  house  of  the  "  quarter."  It  exercised  criminal  jurisdiction 
as  well  as  civil,  and  attended  to  all  grave  questions  affecting  the 
kinship.  It  is  also  stated  that,  on  certain  occasions,  a  general 
meeting  of  all  the  members  of  the  calpulli  was  convened.152 

""No  better  illustration  of  the  "Qnanhcalli"  can  be  found  than  that  given  by  It.  H. 
Bancroft  (*'  Native  Races,'-  cap.  XIV,  ]>.  453.     Volume  II). 

150 The  cruel  and  unwholesome  nature  of  aboriginal  places  of  detention  previous  to 
the  conquest  is  amply  stated.  As  it  i-  very  justly  remarked  by  Mr.  Bancroft  (Vol.  II, 
p.  453):  '-They  had  prisons,  it  is  true,  and  very  cruel  ones,  according  to  all  accounts, 
but  it  appears  that  they  were  more  for  the  purpose  of  confining  prisoners  previous  to 
their  trial,  or  between  their  condemnation  and  execution,  than  permanently,  for  punish- 
ment." To  the  authorities  quoted  by  the  celebrated  Californian,  I  will  add  here  in 
further  support  of  his  views  (and  mine).  Gomara  (Vedia  I,  p.  442):  "  Las  carceles  eran 
bajas,  humedas  y  escuras,  para  que  temiesen  de  entrar  alb."  Vetancurt  (Vol.  I,  Part 
II.  Trat.  II,  cap.  I,  p.  370).  Tezozomoc  (••  Cronica  "  cap.  XC1 X,  p.  176) :  "  inandoles  llevar 
a  la  carcel  a  todos,  que  Uamaban  cuaucalco,  (pie  era  a  manera  de  una  caja.  como  cuando 
entapian  ahora  alguna  persona,  que  les  dan  de  comer  por  onz-ds." 

13  ••Ancient  Society"  (Part.  II,  chapter  II,  pp.  71,  72,  and  73.  Chap.  VIII,  p.  225, 
Cap.  XI.  pp.285  and  297). 

152  It  is  singular  that  this  council  of  the  kin  or  "  gens,"  vt  bile  some  parts  of  its  func 
tions  are  preserved  in  neatly  every  author,  has  as  a  body  been  so  genei  ally  overlooked 
Zurita  (pp.  55  and  5(1)  says:  "the  chief  does  nothing  without  eonsult'ng  the  other  old 
men   of  the  calpulli."    Indirect  evidence  of  it  is  given   by   Sahagun  (Lib.  II,  cap. 


634 

This  council  however,  while  it  thus  united  both  the  highest 
administrative    and   judiciary  powers,  required   other  officers  for 

XXXVII,  p.  18.i),  in  his  description  of  the  least  of  the  month  "Izealli."  These  "old 
men"  reappear  again  in  connection  with  celebrations  affecting  the  ealpulli,  at  least 
occasionally.  This  council  however,  still  existed  at  a  recent  date  (1871)  among  the 
natives  of  Guatemala.  Sr.  D.  Juan  Gavurrete  of  the  City  of  Guatemala  (La  Nucva) 
writes  to  me  under  date  of  11th  March,  1871):  "Cuando  en  el  pueblo  hay  varias  parci- 

alidades  d  calpules, cada  una  de  ellas  liene  su  ealpul  6  consejo  de  cierto 

numero  de  Ancianos  y  estos  reunides  eligen  las  Autoridades  comunes  del  pueblo,  ntmi- 
br.milo  tambien  alcalde*  subaltcrnos  para  las  diversas  parcialidades."  In  his  Introduc- 
tion to  the  "  Red  Ejecutori  i"  (Col.  de  Do  ••■.  II,  pp.  XII  and  Xlll),  the  late  Sr.  Joei  F. 
Ramirez  attributes  the  creation  of  an  elective  municipal  council  to  an  act  of  policy  of 
the  Spanish  government.  It  is  clear,  however,  from  the  authors  of  the  XVlth  century, 
especially  from  Zurita.  that  this  '".democratic  element"  (".el  elemento  deniocratico"  as 
Sr.  Ramirez  calls  it),  was  an  aboriginal  one.  Therefore  the  council  still  subsisting  in 
Guatemala  is  an  original  feature,  with  changes  in  names  and  functions,  made  to 
suit  the  laws  of  Spain.  Ramirez  de  Fueiilettl  (Letter  of  3d  Nov.,  1532.  1st  Recueil,  p. 
249),  mentions  "  other  officers  called  nejos  (old  men)"  in  "each  quarter  or  as  they 
were  now  called,  parishes."  The  following  quotation  from  Juan  de  Solorzano  ("De 
Indiarum  Jure,'"  Vol.  II,  lib.  I,  cap.  XXIII,  pp.  '21(1,  §21),  is  of  interest  upon  the  question 
raised  by  Sr.  Ramirez:  "In  Nova  quoque  Ui-pania.  cum  hae  reductiones,  quae  ibi  Ag- 
gregationes  vocant,  i  praestauti  illo,  et  prudenti  Duce  Ferdinando  Cortesio  stab  lit  io, 
et  coustituite  fuissent.  et  postea,  tempo  ram,  et  tlispanorum  iniuriae,  valde  collapsae, 
ac  subversye;  alias  deuo  fieri  et  Cartas  instaurari  curavit  Excellentissimus  ille.  et 
I'ijissimus  Prorex  Canes  de  Monte  Regio,  schedulis  etiam,  et  provisionibus  Regijis 
sibe  ad  hoc  demandalis,  morem  gerere  cupiens:  in  quibus  tamen  exequendis,  magnae 
dilicultates,  et  Indorum  strages  expertae  sunt,  quia  eorum  aliqui  voluntario  suspendio 
vitani  finire  maluerunt,  quan  in  desiguata  sibi  municipia  reduci."  This  was  published 
in  1639." 

In  all  likelihood  there  was  no  regular  time  of  meeting  of  these  "old  men."  They 
met  as  emergency  required,  and  as  they  were  called  together.  There  is  even  a  trace  of 
a  general  meeting  of  the  inhabitants  of  a  ealpulli,  in  Zurita  (p.  62) :  "  Dans  ces  circon- 
stances,  les  habitants  du  ealpulli  se  reunissent  pour  traiter  les  interets  conimuns,  et 
regler  la  repartition  des  impots,  etc."  We  thus  witness  in  the  ealpulli  the  following 
methods  of  exercising  authority  :  through  the  joint  meeting  of  all  its  members  for  the 
discussion  of  mailers  affecting  the  whole  community,  through  the  "old  men"  con- 
trolling the  regular  business,  and,  through  what  the  older  authorities  called  "  chiefs  " 
or  executive  officers,  of  whom  I  shall  treat  hereafter.  An  important  question  remains 
to  be  examined  here  namely  :  whether  the  ealpulli  really  had.  as  1  have  asserted, 
criminal  jurisdiction  over  its  members,  or  whether  this  pertained  to  higher  officers 
or  so-called  •'  tribunals."  .   . 

Against  the  assumption,  that  questions  of  life  and  death  could  be  decided  by  the 
"quarters,"  "barrios,"  or  " ealpulli,"  there  is  we  confess  it.  apparently  weighty  evi- 
dence. In  order  to  examine  this  vital  question  critically.  I  am  compelled  to  take  each 
author  by  himself,  comparing  his  various  statements  (if  there  are  more  than  one)  on  the 
same  subject  with  each  other.  I  must  premise,  however,  that  neither  Cortes,  nor 
Andres  de  Tri/iiti.  nor  Denial  Diez  de  Custido  mentions  having  seen  any  one  judged  and 
condemned  by  the  head-war-ehief  of  the  Mexican  tribe.  This,  however,  may  be  a 
simple  omission  on  their  part. 

Suhagun  (Lib.  VIII,  cap.  XXV,  p.  314):  "y  los  casos  mny  diflcnltuosos  y  graves, 
lleviibanlos  al  senor  para  que  los  senteneiase.  juntamente  eon  trece  principles  muy 
ealilicados,  que  con  el  andaban,  y  residian.  Estos  tales  eran  los  mayores  jueees,  que 
ellos  llamaban  tecutlatoque :  estos  ecsaminaban  con  gran  dihgencia  las  causa.-  que  ibau 
a  sua  man os  ;  y  cuando  quiera  que  esta  audiencia  (pie  era  la  mayor,  sentenciaba  algtmo 
a  inuerte.  luego  lo  entregaban  a  los  eje-utores  de  la  justioia."  Thus  far  the  jurisdit  tion 
of  the  tribal  officers  only  comes  into  play.    But  the  same  authoi  also  mentions  the 


635 

everyday  business,  who  should  at  the  same  time  be  the  executors 
of  its  decrees.     Of  these  officers  there  were  two,  both   strictly 

power  of  certain  officers  of  the  kin  to  kill  in  punishment  of  certain  crimes,  (Lib.  Ill, 
Appendix,  cap.  VI,  p.  271).  If  a  young  man  was  caught,  drunk  :  rt  eastigabanle  dandole 
de  palos  hasta  matarle,  6  le  daban  garrote  delante  de  lodos  reunidos."  This  being 
done  in  the  case  of  a  youth  committed  to  the  •'  telpuchealli,"  it  necessarily  follows 
that  the  power  to  punish  by  death,  was  vested  in  the  kin  to  which  the  particular  •'  tel- 
puchcalli "  belonged. 

Zurita  (p.  101  and  105)  intimates  rather  than  asserts,  that  all  grave  matters,  includ- 
ing lite  and  death  had  to  be  submitted  to  the  highest  '-court  of  appeals,"  "  les  douze 
juges  d/appel"  over  which  the  king  presided.  Hut  he  does  not  state  that  this  body 
had  exclusive  jurisdiction. 

Gomara  (Vedia  I,  p.  442,  "  Conquista")  evidently  mistakes  in  confounding  the  gath- 
erers of  tributes  with  judicial  officers  and  says  nothing  in  regard  to  criminal  jurisdiction. 
His  statements  will  be  examined  elsewhere. 

Mendieta  (Lib.  II,  cap.  XXVIII,  pp.  131-136)  says  that  all  the  "Judges"  remained  in 
the  official  house  of  each  tribe:  "cada  uno  de  ellos  en  su  propio  palacio  tenia  sus 
audiencias  de  oidores  que  determinaban  las  causas  y  negocios  que  se  ofrecian,  asi 
civiles  como  criminales,  repartidos  por  sus  salas,  y  de  nnas  habia  apelacion  para 
otras."  Further  on  he  says  that  every  eighty  days  "  se  sentenciaban  todos  los  casos 
criminales,  y  duraba  esta  consulta  die/.  6  doce  dias."  Torquemada  (Lib.  XI,  cap.  XXV, 
pp.  352  and  353)  is  remarkably  indefinite  on  the  point.  To  him,  the  tribal  officers  alone 
appear  prominent  in  the  case.  (Cap.  XXVI.  pp.  354  and  355),  however,  wherein  he  fully 
treats  of  the  judicial  organization  of  Tezcuco,  enables  us  to  discern  the  separate  juris- 
diction of  each  calpulli.  The  textual  rendering  of  the  whole  chapter  would  be  too 
lengthy,  and  I  must  therefore  confine  myself  to  abstracts.  He  begins  by  saying  that, 
while  Tezcuco  had  fifteen  "  provinces  "  subject  to  it  ("  sujetas  a  su  Senoria  "),  '•  not  all 
of  them  had  supreme  Judges  "  (•'  pero  no  en  todas  havia  Jueces  de  estos  inmediatos,  y 
Supremos").  Therefore  it  was  ordained,  '-that  there  should  be  six  courts  ("audien- 
cias "),  like  chancery-offices  ("  como  chancillerias")  in  six  particular  pueblos,  to  which 
all  the  other  said  Provinces  were  reduced,  and  to  them  they  applied  from  all  over  the 
kingdom."  He  further  states  that  at  each  of  these  houses  (which  he  subsequently  calls 
"  tecpans  ")  were  stored  the  "  royal  tributes  :  "  "  se  recogian  todos  los  Tributos  Reales, 
por  los  mismos  Jueces."  Besides,  there  were  "four  Judges"  at  the  "  palace,"  and  at 
each  of  these  six  ■•  courts,"  two  "  Judges  "  and  one  "  executive  officer  "  (alguazil). 

From  further  details  given,  it  follows  that  these  six  "pueblos"  were  so  near  to  the 
official  house  of  the  tribe,  as  to  make  it  more  than  likely  that  they  were  the  six 
Caljnilli  of  Tezcuco,  mentioned  by  Ixtlilxochitl  (Vlth  "  Jlelacion"  or  "  Pintura  de 
Mexico"  Vol.  IX  of  Kingsborough,  p.  387)  as  having  been  established  by  "Fasting 
wolf"  (Nezahualcoyotl),  which  story  he  repeats  in  the  "  Histoire  des  Chichimiques" 
(Cap.  XXXVIII,  pp.  263  and  264). 

The  description  of  Tezcuco  by  Torquemada  (Lib.  Ill,  cap.  XXVII,  p.  304) :  "  pero  no 
se  ha  de  entender,  que  todaesta  Caseria  estaba  recogida,  y  junta;  porque  aunque  en  su 
maior  parte  lo  estaba,  otra  mucha  estaba  repartida,  como  en  Fami'ias,  y  Barrios;  y  de 
tal  manera  corria  esta  Poblacion,  desde  el  corazon  de  ella  (que  era  la  Morada,  y 
Palacios  del  Rei)  que  se  iba  dilatando,  por  tres  6  quatro  Leguas,"  shows  that  the 
calpulli  of  that  ancient  pueblo  were  scattered  over  a  great  expanse.  At  the  close  of 
the  17th  century  (16!)0,  about)  it  is  stated  by  Vetancurt  (•'  Crdnica  de  la  Provincia  del 
Santo  Evangelio  de  Mexico,"  pp.  159  and  160),  that,  besides  the  •'  city,"  there  were  "  29 
pueblos  de  visita,  en  cinco  parcialidades  repartidos."  All  this  corroborates  our 
assumption  :  that  the  six  "  pueblos  "  of  Torquemada  were  in  fact  but  the  six  "  barrios  " 
or  kins,  each  of  which  exercised,  for  itself  and  through  its  officers,  criminal  jurisdiction 
over  its  members. 

There  is  no  need  of  proving  the  fact  that  the  several  tribes  of  the  valley  had  identi- 
cal customs,  and  that  their  Institutions  had  reached  about  the  same  degree  of  develop- 
ment.   It  is  even  asserted  by  some  {Prescott,  Book  I,  cap.  II,  p.  30)  that  "  In  Tezcuco 
6* 


636 

elective  and  therefore  liable  to  be  deposed,  one  of  whom  repre- 
sented more  properly  the  administrative,  the  other  the  executive 
(consequently  military)  authority.  The  first  one  of  these  was  the 
"calpullec"  or  "chinancallec  ;"153  the  second,  the  "elder  brother" 

the  judicial  arrangements  were  of  a  more  refined  character."  If  now,  as  I  have  shown, 
the  council  of  the  Kin  exercised  power  over  life  and  death  among  them,  it  certainly  had 
the  same  power  among-  the  ancient  Mexicans.  Besides,  the  same  thing  is  inferable  from 
the  nature  of  many  of  the  crimes  punished  by  death.  Conspicuous  among  these  are 
the  cases  wherein  tenure  of  lands  became  affected,  If  a  member  of  the  kin  changed 
the  limits  of  a  '•  tlalmilli,"  it  was  a  crime  over  which  the  calpulli  alone  had  jurisdic- 
tion, and  the  same  occurred  if  any  one  member  neglected  to  attend  to  the  lots  of 
children  placed  in  his  care.    We  have  seen  that  in  both  instances  the  penalty  was  death. 

Jt  is  of  course  understood,  that  this  power  did  not  go  beyond  the  limits  of  the  kin 
and  of  such  outcasts  as  were  attached  to  its  members.  Over  members  of  other  kins  it 
had  no  jurisdiction.  The  adjustment  of  matters  between  kin  and  kin  became  exclu- 
sively the  duty  of  the  tribe. 

One  of  the  most  characteristic  remarks,  however,  on  the  general  functions  of  the  kin 
is  that  of  Zurita  (" liapport,"  etc., p.  53):  "Finally,  what  is  called  in  New  Spain  Cal- 
pulli, answers  to  what  among  the  Israelites  was  called  a  tribe." 

153  Zurita  {"Bappprt,"  p.  50) :  "  The  chiefs  of  the  third  classes  are  still  called  Calpul- 
lec  in  the  singular,  and  in  the  plural  Chinancallec,  that  is  to  say:  chiefs  of  very  ancient 
race  or  family,  from  the  word  Calpulli  or  Chinancalli,  which  is  the  same,  and  signifies 
a.  quarter  (barrio)  inhabited  by  a  family,  known  as  of  very  ancient  origin,  which  for  a 
long  time  owns  a  territory  with  well  defined  boundaries  and  all  the  members  of  the 
same  lineage."  This  statement  is  copied  by  Herrera  (Dec.  Ill,  lib.  IV,  cap.  XV, 
p.  135),  with  the  exception  that  he  omits  the  names,  substituting  that  of  "pariente 
mayor."  In  regard  to  this  it  is  added  by  Zurita  (pp.  60  and  01):  "The  calpnllis  have 
always  a  chief  necessarily  in  the  tribe.  He  must  be  one  of  the  principal  inhabitants,  an 
able  subject  who  can  assist  and  defend  them.  The  election  is  made  among  them.  They 
are  much  attached  to  him.  as  the  inhabitants  of  Biscay  and  of  the  mountains  are  to 
him  who  is  called  pariente  mayor.  The  office  of  these  chiefs  is  not  hereditary:  when- 
ever one  dies  they  elect  in  his  place  the  most  respected,  the  ablest  and  wisest  old  man. 
If  the  deceased  has  left  a  son  who  is  qualified,  he  is  chosen,  and  a  relative  of  the  for- 
mer chief  is  always  preferred."    Herrera  (Id.  p.  135). 

Although  the  above  two  authors  speak  but  indefinitely  of  the  "chief"  of  the  calpulli, 
it  is  likely  that  they  mean  two  chiefs,  one  of  which  is  the  calp'ullec,  and  the  other  the 
teachcauhtin.  This  is  indicated  by  the  name  of  "pariente  mayor."  Zurita  does 
not  say,  according  to  Mr.  Ternaux's  translation,  that  this  chief  was  thus  called,  but 
Herrera,  who  copies  him,  writes  very  distinctly:  "que  Uamaban  parientes  maiores." 
Now,  according  to  Molina  (II,  p.  91),  "  teachcauhtin"  signifies  elder  brother.  Torque- 
mada  (Lib.  XIV,  cap.  VI,  p.  5H)  gives  to  each  '•barrio  6  parcialidad"  two  officers, 
namely,  a  calpixqui  or  gatherer  of  tribute  or  stores,  and  a  "  regidor,  un  Tecuhtli.  que 
se  ocupaba  en  executar  lo  que  mustros  Regidores  executan,  y  hacen."  But  it  is  plainly 
evident,  Horn  the  details  given  by  the  celebrated  Franciscan,  that  he  has  lost  sight  of 
the  peculiar  position  of  officers  of  a  kin,  and  looks  to  tribal  functions  and  offices.  Else, 
how  could  he  assert  of  his  "Regidor"  that  he  was  always  in  the  -'palace:"  "y  todos 
los  Dias  se  hallaban  en  el  Palacio,  a  ver  lo  que  se  les  ordenaba,  y  mandaba;  y  ellos, 
en  una  grande  Sala,  que  Hainan  Calpulli,  se  juntaban,  y  trataban  de  los  negocios 
tocantes  a  su  cargo." 

"X»e  Vordre  de  succession  observe  par  les  Indiens  "  ("1st  Recueil"  of  Ternaux,  p.  225) : 
"quant  au  mode  adopte  pour  legler  la  juridiction  et  Selection  des  alcades  et  des  regidora 
des  villages;  ils  nommaient  des  personnes  notables  qui  portaient  le  titre  de  achcacau- 
litin  qui  est  un  nom  de  charge,  comme  l'est  aujourd'hui  celui  d'alguazil.  Les  tribu- 
naux  de  ces  officiers  etaient  etablis  dans  la  capitale."  ..."  II  n'y  avait  pas  d'autres 
elections  d'officiers.'*    And  further  on  the  same  document  says  (p.  227) :  "Ces  achcacau- 


637 

"teachcauhtin"  or  "achcacauhtin."154  Both  were,  in  turn,  ex- 
officio  members  of  the  council  itself.155  The  "calpullec"  or 
"  chinancallec"  was,  in  fact,  what  is  still  known  among  Indian 
communities  of  Mexico,  Central  America  and  New  Mexico,  as 
the  "governor;"  or  rather  his  office  was,  for  the  kin,  what  the 
office  of  "gobernador"  now  is  for  the  whole  tribe.156     Upon  his 

litis,  c'est  ainsi  qu'on  les  nommait,  vemplissaient  les  fonctions  d'alcade.  Pour  le 
moindre  petit  vol,  o'est  a  dire  pour  avoir  derobe  seulement  du  mais,  its  condamnaient  a 
la  potence."  The  singular  feature  is  here  asserted  to  exist,  that  the  same  officer  should 
have  been  Judge  ('•  alcalde")  and  executioner  of  his  own  decrees  (•' alguazil").  We 
meet  also  with  the  flagrant  contradiction  of  "alguazils,"  elected  for  the  villages,  but 
whose  courts  resided  "at  the  capital."  Everywhere  the  same  lack  of  distinctness  is 
witnessed;  the  confusion  between  aboriginal  institutions  and  Spanish  organization  is 
apparent. 

Sebasti  m  Ramirez  de\Fuenleal  ("  Lettre,"  3  Nov.,  1532,  p.  247)  gives  quite  a  clear  pic- 
ture of  the  "calpulli,"  adding:  "Ces  contribuables  ont  un  chef  et  des  commandants".; 
(p.  249) :  '-lis  ont  parmi  eux  des  officiers  que  nous  appelons  prineipales  (chefs) ;  il  y  en  a 
deux  dans  chaque  quartier  qui  portent  aujourd'hui  le  nom  de  paroisses." 

Finally,  I  refer  to  what  has  been  said  in  the  preceding  note  (152)  about  Tezcuco  and 
the  two  officers  of  each  so-called  "  puoblo."  The  fact  that  there  were  two  of  them  is 
thus  fully  established,  likewise  that  of  their  election;  and  as  for  their  titles,  they  are 
found  in  the  quotations  just  referred  to  and  copied. 

It  is  further  confirmed  through  a  statement  of  Vetancurt  {"Teatro  Mexicano"  Vol.  I, 
p.  371):  "en  cada  parcialidad,  que  llamaban  calpulli  y  ahora  tlaxilacalli ;  habia  uno 
como  regidor  que  llamaban  teuhtli :  estos  asistian  a  palacio  todos  los  dias  a  saber  toque 
el  mayordomo  les  ordenaba;  estos  entre  si  elegian  cada  ano  dos  en  lugar  de  alcaldes, 
que  llamaban  tlayacanque  y  tequithitoque,  que  ejecutaban  lo  que  por  los  teuhtles  se  les 
mandaba;  y  para  ejecutores  tenian  unos  alguaciles  que  hoy  llaman  topile." 

The  term  "  tlayacanqui "  is  defined  by  Sahagun  (Lib.  II,  cap.  XXIX,  p.  142)  as  "cua- 
drillero."  Molina  (II,  p.  120)  has  "  tlnyacantli,"  "  el  que  es  regido,  guiado,  y  gouernado 
de  otro,  o  el  ciego  que  cs  adlestrado  de  alguno  "  ("  Tlayacati,"  •'  cosa  primera,  o  delan- 
tera").  Torquemada  (Lib.  XIV,  cap.  VI,  p.  545)  calls  the  Tlayacanque  "en  lugar  de 
merinos." 

l&*  Molina  (I,  p.  56). 

155  This  results  iiecessarily  from  the  duties  of  the  officers  alone,  as  permanent  repre- 
sentatives of  the  council  of  the  kin  or  calpulli. 

156  The  "Gobernador,"  as  we  shall  hereafter  see,  was  the  successor  to  the  "Cihuaco- 
huatl,"  according  to  the  Spaniard's  notion  of  the  nature  of  the  hitter's  office.  It  is  very 
interesting  to  notice  that  the  "Cihuacohuatl"  was,  in  the  tribal  government,  the  exact 
counterpart  of  the  "Calpullec"  in  the  kin.  I  am  indebted  to  Sr.  Don  Juan  Oavarrete, 
of  the  City  of  Guatemala  (la  Nueva),  for  the  following  description  of  the  office  of 
"Gobernador,"  as  it  is  still  found  among  the  aboriginal  settlements  of  Guatemala. 
This  gentleman,  (whose  name  is  associated  with  that  of  my  friend  Dr.  Valentini,  in  a 
noble  effort  to  preserve  the  historical  treasures  of  h»s  country),  writes  to  me  under  date 
of  14th  of  March,  187'J:  "  Los  pueblos  formados  por  la  antiguos  misioneros  6  por  los 
conquistadores,  y  que  son  los  que  subsisten  hasta  el  dia  de  hoy,  ban  sido  siempre  gob- 
ernados  por  un  Gobernador  vitalicio  elegido  entre  las  familias  nobles  de  la  tribu 
(cacique),  y  un  consejo  &  la  usanza  espaiiola  compuesto  de  dos  Alcaldes,  cierto  mimero 
de  consejeros  llamados  Regidores  entre  quienes  se  distribuyen  las  comisiones  de 
servici  publico  y  un  secretario. 

"La  dignidad  d  cargo  de  Gobernador,  para  la  eual  elegian  en  nombre  del  Key  los 
antiguos  Capitanes  Generales  y  despues  los  Presidentes  de  la  Repiiblica,  es  muy  apete- 
cida  por  los  indios  nobles  y  mientras  el  que  la  egerce  no  da  motivo  por  su  mala  con- 
ducta  para  ser  removido  puede  contar  con  la  perpetuidad  y  aun  con  dejarla  a  sus  hijos 


638 

death  "they  elected,  to  fill  his  place,  the  most  respected  old  man, 
the  most  able  and  most  popular."  It  appears  though  that  the 
choice  often  fell  upon  a  son  or  near  relative  of  the  deceased, 
provided  he  evinced  sufficient  ability.157 

It  was  the  duty  of  this  officer  to  preserve  a  plat  of  the  territory 
dwelt  upon  by  the  kin,  showing  the  location  of  each  "tlalmilli," 
of  the  official  tracts,  of  those  of  the  "houses  of  the  youth"  and 
of  worship  ;  if  the  latter  two  were  not,  as  we  suspect,  perhaps 
identical.  These  simple  records  he  had  to  renew  from  time 
to  time,  according  as  mutations  or  additions  occurred.  The 
stores  of  the  kin  were  under  his  supervision,  though  he  could 
not  dispose  of  them  at  his  pleasure,  but  only  for  public  purposes. 
Thus,  aside  from  the  presents,  which  alwaj's  had  to  go  with  any 
public  act  of  importance,  it  was  his  duty  to  provide,  out  of  these 
stores,  for  everything  requisite  for  the  numerous  religious  and  other 
festivities.158  He  had,  under  his  immediate  orders,  the  "  stewards," 
"calpixqui,"  which  attended  to  the  details  connected  with  the 
gathering,  housing,  and  dispensing  of  all  supplies.159     It  is  prob- 

si  los  tiene  capaces  de  egercerla El  cargo  de  Gobernador  traia  consigo  los 

priviligos  de  usar  Don,  montar  a  caballo usar  baston  y  tener  una  numerosa 

servidumbre,  no  tenian  jurisdiction  civil,  pues  esta  competia  &  los  Alcaldes,  pero 
si  la  tenian  en  lo  criminal  en  los  delitos  leves,  siendo  su  poder  principal  sobre  lo  econ- 
drmigo  y  gubernativo." 

157  Zurita  (-'Rapport,"  etc.,  pp.  60  and  61). 

lbiZurita  ("Rapport,"  etc.,  pp.  51  to  66).  Copied  in  a  condensed  form  by  Herrera 
(Dec.  Ill,  Lib.  IV,  cap.  XV,  p.  134). 

159  The  term  "  calpixqui,"  gatherer  of  crops,  is  so  indiscriminately  applied  that  it 
becomes  necessary  to  investigate  what  class  of  officers  were  really  meant  by  it.  In 
general  the  "calpixca"  were  sent  to  subjected  tribes,  as  representatives  of  their 
conquerors.  For  each  such  officer  abroad  there  was  one  in  the  pueblo  of  Mexico,  to 
receive  and  to  house  the  tribute  which  the  former  collected  and  sent.  The  calpulli  or 
kins,  however,  needed  no  officer  of  the  same  kind  properly,  because  they  owed  no  trib- 
ute to  the  tribe.  The  assertion  of  Torquemada  (Lib.  XIV,  cap.  VI,  p.  545):  "que  el 
Maiordomo  maior  del  Rei,  se  11am aba  Hueycalpixqui,  a  diferencia  de  otros  muchos, 
que  havia,  que  se  llamaban  Menores;  porque  tenia  cada  parcialidad  el  suio,"  applies 
in  this  case  to  the  tax-collectors  and  stewards  themselves,  and  not  to  the  stewards  of 
the  kins.  The  confused  notions  about  the  true  nature  of  the  office  is  also  shown  in 
the  name  of  the  official  house.  It  is  called  by  Torquemada  alternately  "tecpan,"  "cal- 
pul,"  finally  also  "calpixca,  que  era  la  casa  del  comun  del  Pueblo,"  (Lib.  XIV,  cap.  I, 
p.  534).  In  confirmation  of  what  has  already  been  said  in  '-Tenure  of  Lands"  (pp.413-4'28), 
I  here  refer  to  Zurita  (pp.  236-242),  "  De  VOrdre  de  succession"  (p.  22'J),  Motolinia 
et  d'Olarte  (" Lettre,"  27  Aug.,  1554.  pp.  403-406).  We  must  never  forget  that  tribute  or 
tax  was  only  due  from  a  conquered  tribe  to  its  conquerors.  No  reference  is  made  any- 
where to  tribute  or  tax  gathered  inside  the  pueblo  of  Mexico,  but  Tlatilulco,  however, 
was  obliged  to  pay  a  certain  contribution  (Durdn,  Cap.  XXXI V,  p.  270). 

Nevertheless,  the  term  "calpixqui"  is  found  applied  very  distinctly  to  an  office  of 
the  kin.  Durdn  (Cap.  XXI,  p.  186)  calls  them  "  mandoncillos  de  los  barrios."  Wilh 
equal  propriety  the  calpixca  are  termed  "  governors  "  and  "  captains."  It  only  proves 
that,  while  each  kin  had  its  stewards,  they  were  under  the  direction  of  a  "mandon," 


639 

able  that  he  himself,  appointed  the  stewards  subject  to  approval 
by  the  council.160  Aside  from  these  subalterns,  the  "calpullec" 
had  bis  runners  and  attendants,  mostly  members  of  the  house- 
hold, perhaps  "  bonded  "  people.  His  judicial  power  was  limited 
to  minor  cases,  and  it  is  more  than  doubtful  if  he  held,  alone,  any 
authority  to  decide  upon  matters  of  life  and  death.  But  it  is 
stated  on  high  authority,  that  it  was  the  duty  of  this  officer, 
"  to  defend  the  members  of  a  calpulli,  and  to  speak  for  them."161 
We  may  be  permitted  to  inquire,  whether  this,  perhaps  indicated, 
that  the  "calpullec"  was  also  the  "  tlatoani "  or  speaker,  who 
represented  the  kin  in  the  tribe's  supreme  council.  This  must, 
however,  be  answered  in  the  negative,  for  the  obvious  reason  that 
he  could  not  be  in  two  places  at  the  same  time.  The  kin's  official 
building  was  assigned  to  him  as  a  residence,  that  he  might  be 
there  on  duty  always,  consequently  he  could  not  spend  his  time 
outside  of  it  at  the  official  house  of  the  tribe.162  Alongside  of 
this  officer  (who  corresponds  almost  to  the  "Sachem"  of  north- 
eastern tribes),  we  find  the  "elder  brother"  — "  teachcauhtin," 
"  achcacauhtin,"  or  through  corruption,  "  tiacauh.  '  He  was,  as 
already  stated,  the  kin's  military  commander  or  war-captain,  and 
the  youth's  instructor  in  warlike  exercises  ;  but  besides  he  was 
also  the  executor  of  justice  —  not  the  police  magistrate,  but  the 
chief  of  police  (to  use  a  modern  term  of  comparison)  or  rather 
"  sheriff"   of  the  calpulli.163     As   military  commander  he  could 

or  superior  officer.  This  could  only  be  the  "  calpullec,"  since  it  is  positively  stated  by 
Zurita  (p.  62) :  "car  lors  des  assemblies  annuelles,  qui  sonttres  nombreuses,  i!  distribue 
gratuitement  des  vivres  et  des  boissons."  This  had  to  be  done  out  of  the  stores  of  the 
kin. 

The  term  "  tequitlato  "  is  probably  equivalent  to  "  calpullec."  It  is  derived  from  "  ni- 
tequiti,"  to  work  or  pay  tribute  ( Molina,  II,  p.  105).  and  "  nitlatoa,"  to  speak  dd.,  II,  p. 
140);  therefore  "tributary  speaker,"  or  ••  speaker  of  tribute."  But  this  is  only  used 
n  the  case  of  subjected  tribes,  where  the  "calpullec"  was  the  one  who  cared  for 
the  tribute  due  by  his  kin,  even  collecting  it.  See  Fray  Domingo  de  la  Anunciacion 
(••Lettre,"  Chalco  20  Sept..  1551,  in  Id  Ilecueil,  p.  340),  "  les  tequitlatos  on  percepteurs." 
Sahagun  (Lib.  VIII,  cap.  XXXVIII,  pp.  329-33-2)  devotes  a  whole  chapter  to  "  De  los 
grados  por  donde  subian  hasta  hacerse  Tequitlatos,"  without  saying,  however,  what 
the  latter  means.    1  suspect  it  to  be  intended  for  ••Tecuhtlatoques." 

160  This  may  be  inferred  from  the  nature  of  the  office. 

161  Zurita  {"Rapport,"  etc.,  p.  62) :  "  II  a  soin  de  defendre  les  membres  du  calpulli,  de 
parler  pour  eux  devant  la  justice  et  les  gouverneurs." 

™*  '•  Tenure  of  Lands  "  (p.  410  and  note  52).    Zurita  (p.  206). 

163 It  has  already  been  shown  that  "  achcauhtli,"  "  achcacauhtli,"  and  "teachcauh- 
tin "  or  '•  tiacauh  "  are  synonyms.  I  refer  to  "Art  of  War  "  (p.  119  and  note  91)  in  regard 
to  the  various  and  contradictory  notions  about  the  nature  of  the  office.  Still,  the  pre- 
vailing idea  is  that,  besides  being  the  •'  teachers"  and  the  "  captains,"  they  also  were 
the  "executioners"  of  the  kin.    "De  Vordre  de  succession"  (p.  225) :  "ils  nommaient  des 


640 

appoint  his  subalterns  in  the  field,  and  as  executor  of  justice  he 
had  the  same  privilege  while  at  the  pueblo.  The  "  teachcauhtin," 
therefore  selected  his  own  assistants  and  runners.  Accompanied 
by  them  and  carrying  his  staff  of  office,  whose  tuft  of  white 
feathers  intimated  that  his  coming  might  threaten  death,164  the 
"  elder  brother  "  circulated  through  his  calpulli,  preserving  order 
and  quietness  in  every  public  place  thereof.  If  he  found  or  heard 
of  any  one  committing  a  nuisance  or  crime,  he  could  seize  him 
forthwith  and  have  him  carried  to  the  official  house,  there  to  be 
disposed  of  as  the  custom  and  law  of  the  kin  required.  But  it  is 
doubtful  whether,  except  in  extraordinary  instances,  he  was 
authorized  to  do  justice  himself  without  the  council's  knowledge 
and  consent.165 

Ere  we  pass  over  now  from  the  functions  of  the  kin  to  those  of 
the  ancient  Mexican  tribe,  we  must  however  dwell  at  some  length 
on  a  peculiar  institution,  yet  shared  by  the  Mexicans  in  common 
with  Indian  tribes  in  general.  We  refer  to  the  rank  and  dignity 
of  chief  among  them.  Chieftaincy  and  office  are  far  from  being 
equivalent.  The  former  is  a  purely  personal,  non-hereditary  dis- 
tinction, bestowed  in  reward  of  merit  only,  whereas  the  latter  is 
a  part  of  the  governmental  machinery.166  Hence  it  follows  that 
a  chief  might  fill  an  office  or  not,  and  still  remain  a  chief,  whereas 

personnes  notables  qui  portaient  le  titre  rle  achcacaulit'm  qui  est  nn  nom  de  charge, 
conime  l'est  aujourd'hui  celui  d'alguazils."  Sahagun  (Lib.  VIII,  cap.  XVII,  p.  3().r)) 
calls  the  Achcacauhtli  "(6  verdngos)  que  tenian  cargo  de  matar  a  los  que  condenaba 
el  seiior."  Torquemada  (Lib.  XI,  cap.  XXVI,  p.  355),  "  llamabanse  Achcaulitli,  que  quiere 
decir  maiores."    There  is  hardly  any  doubt  as  to  their  functions. 

164  White  was  the  color  of  death.  (Bleaching  skulls  and  bones!)  This  is  amply 
proven  by  their  mode  of  declaring,  or  rather  announcing,  war.  The  custom  of  carrying 
"  staffs  of  office"  is  well  established. 

166  Torquemada  (Lib.  XL  cap.  XXVI,  p.  355).  Clwigero  (Lib.  VII,  cap.  XVI,  p.  482, 
calls  those  "  who  arrested"  delinquents  "topilli."  But  this  word  means  simply  "rod 
or  baton  of  justice,  staff,  etc."  (Molina,  II,  p.  150),  and  not  office.  There  is  no  evidence 
that  these  officers  might  kill,  without  previous  decision  of  the  council,  except  perhaps 
in  the  great  market  place.  Cortes  {"Carta  Segunda,"  Vedia  I,  p.  32) :  "  Hay  en  la  dicha 
plaza  otras  personas  que  andan  continuo  entre  la  gente  mirando  lo  que  se  vende  y 
las  medidas  con  que  miden  lo  que  venden,  y  se  ha  visto  quebrar  alguna  que  estaba 
falsa."  Oviedo  (Lib.  XXXIIL  cap.  X,  p.  301)  copies  Cortes,  adding,  however,  "e  quie- 
bran  lo  que  esta  falso,  e  penan  al  que  usaba  dello."  Bernal  Diez  de  Castillo  (Cap. 
XCII,  p.  89)  simply  remarks :  "y  otios  como  alguaziles  ejecutoies  que  miraban  las  nier- 
caderias,"  (Vedia,  Vol.  II).  I  hardly  need  any  reference  in  regard  to  the  manner  of 
acting  and  mode  of  appearance  of  the  -elder  brothers."  Their  functions  of  "police" 
are  repeatedly  described  in  the  older  sources. 

™°Z.  h.  Morgan  ("Ancient  Society,"  p.  71) :  "Nearly  all  the  American  Indian  tribes 
had  two  grades  of  chiefs,  who  may  be  distinguished  as  sachems  and  common  chiefs. 
Of  these  two  primary  grades  all  other  grades  were  varieties.  .  .  .  The  office  of  sachem 
was  hereditary  in  the  gens,  in  the  sense  that  it  was  filled  as  often  as  a  vacancy  occurred ; 
while  the  office  of  chief  was  non-hereditary,  because  it  was  bestowed  in  reward  of  per- 


641 

it  was  not  necessary  to  become  a  chief  in  order  to  fill  certain  offi- 
ces. Still  it  is  evident  that,  as  chiefs  were  always  men  of  peculiar 
ability,  the  higher  charges  were  generally  filled  by  chieftains. 

The  title  and  rank  of  "grandfather"  ("Tecnhtli,")167  which 
was  the  Mexican  term  for  chieftain  in  general,  was  open  to  any 
one  who  strove  to  deserve  it.     It  was  conferred  : 

1.  In  recompense  for  warlike  prowess,  and  actions  of  personal 
intrepidity  and  superior  shrewdness.  Courage  alone  could  not 
secure  it ;  therefore  the  "distinguished  braves  "  were  not  always 
chiefs.168 

2.  In  reward  for  actions  denoting  particular  wisdom  and  sa- 
gacity, and  in  acknowledgement  of  services  in  the  councils,  or 
as  traders.169 

sonal  merit,  and  died  with  the  individual."  I  have  selected  the  term  "  officer"  as  a  sub- 
stitute for  Mr.  Morgan's  '■sachem,"  because  the  latter  is  a  northern  Indian  word,  whereas 
the  former,  while  it  expresses  the  nature  of  the  charge  and  dignity,  is  more  widely 
known,  and  therefore  better  understood.  It  is  out  of  the  union  of  the  attributes, 
of  both  officer  and  chief,  that  nobility  and  monarch}*  have  been  claimed  to  exist. 
Among  the  Mexicans,  in  fact  among  the  mo-t  highly  advanced  Indian  tribes  (Hie  Inca 
of  Peru  not  excluded),  the  dignity  of  chief  was  still  a  personal  matter,  and  not  neces- 
sarily connected  with  office.  The  chiefs  are  the  "knights,"  mentioned  by  Garci- 
lasso  de  la  Vega  ('-Bistoire  des  Yncas,"  Lib.  VI,  cap.  XXIV,  XXV,  XXVI)  and  Herrera 
(Dec.  V,  Lib.  IV,  cap.  VII,  p.  63;  Lib.  IV,  cap.  I,  p.  83).  With  the  Muyscas  of  Bogota, 
compare  H.  Temaux-Compans  (''L'ancien  Cundinamarca,"  §  XXVII,  pp.  57  and  58). 
Oviedo  y  Valdes  (Lib.  XXVI,  cap.  XXXI.  p.  410).  Herrera  (Dec.  VI,  Lib.  V,  cap.  VI,  pp. 
llfi  and  117).  Compare  also,  in  regard  to  the  dignity  of  "military  chief"  among  the 
wild  tribes  of  the  Rio  Orinoco  and  of  its  tributaries,  P.  Jose  Gumilla  "  Histoire  natu- 
relle,  civile,  et  geographique  de  V Orenoque,"  translated  by  Mr.  Eidous,  1758,  (Vol.  II,  chap- 
ter XXXV,  pp.  280-29-2).     Very  important. 

107 Molina  (II,  p.  93),  "ahuelo,"  "tecul."  It  evidently  should  be  "abuelo,"  and  is 
therefore  only  a  misprint.  The  older  reports  have  the  word  "lecle,"  and  only  the  later 
writers  (those  after  the  year  1530)  begin  to  write  it  "tecntli,"  "tecuhtli,"  "teuctli." 
Whether  the  "teulea"  meant  really  "gods,"  or  rather  "tecuhtin,"  as  plural  of  "tecntli," 
is  yet  doubtful.  It  is  almost  a  truism  to  recall  here  the  Roman  "senex,"  and  the 
German  "grave"  or  "Graf."  Among  American  tribes  we  have,  in  QQuiche,  "  auia  " 
old,  "ahau,"  — chief;  in  Maya,  "  llachyum,"—  father,  and  "  ahau,"  — chief— also 
"  achi,"—  brave. 

i8"  Sahagun  (Lib.  VIII,  cap.  XXXVIII,  pp.  329-332):  "De  Los  grados  por  donde 
subian  hasta  hacerse  Tequitlatos,"  especially  (p.  331):  "y  a  lcs  que  por  si  prendian 
cuatro  cautivas,  mandaba  el  rey  que  los  cortasen  los  cabellos  como  a  capitan,  llamal- 
banle  tal  diciendo  ....  el  capit;.n  mexicatl,  6  el  capitan  tolnaoacatl,  u  otros  nonibres 
que  cuadraban  a  los  capitanes.  De  alii  adelante  se  podian  sentar  en  los  estrados  que 
ellos  usaban  de  petates  e  icpales  en  la  sala  donde  se  eentaban  los  otros  capitanes  y 
Valientes  hombres,  los  cuales  son  primeros  y  principales  en  los  asuntos,  y  tienen  bar- 
botes  largos,  orejeras  de  cuero,  y  borlas  en  las  cabezas  conque  estan  compuestas; " 
Zvrita  ("  Rapport,"  p.  47) :  "  Les  chefs  qui,  comme  nous  l'avons  dit,  se  nommaient  Tec 
Tecutzcin,  on  Teutley  an  pluriel,  n'exercaient  le  commandement  qu'&  vie,  paree  que  les 
souverains  supiemes  ne  les  elevaient  S,  ces  dignites  qu'en  recompenj-e  des  exploits 
qu'ils  avaient  faits  11  la  guerre,  et  des  services  rendus  a  l'etat  ou  an  prince";.  Mendieta 
(Lib.  II,  cap.  XXXVIII,  p.  150).  Torquemada  (Lib.  XI,  cap.  XXIX,  p.  301).  Clavigero 
(Lib.  VII,  cap.  XIII,  pp.  471  and  472),  and  others. 

W9  Zurita  ("  Rapport,"  p.  47).     Sahagun  (Lib.  IX,  cap.  II,  p,  342) :  "  Estos  mercaderes 


642 

In  both  the  above  instances  (or  kinds  of  instances)  actions  of 
particular  merit  facilitated,  at  least,  the  acquisition  of  the  tit'e  ; 
but  it  could,  also,  be  obtained  :  — 

3,  By  the  observance  of  rigorous  and  even  cruel  rites  of  "  medi- 
cine "  for  a  stated  time,  which  put  the  courage,  fortitude,  and  self- 
control  of  the  candidate  to  the  severest  tests.170  Although  a 
detailed  account  of  these  rites  might  perhaps  be  withheld  for  a 
subsequent  sketch  of  ancient  Mexican  worship,  yet  they  equally 
deserve  a  place  here. 

The  candidate  appears  to  have  been  presented  at  the  great 
central  place  of  worship  by  the  representatives  of  his  kin,  per- 
haps, also,  by  the  other  chiefs  of  his  tribe.  There  he  underwent 
four  days  and  four  nights  of  the  most  cruel  torments.  While 
but  little  nourishment  was  allowed  him  (some  went  even  so  far 
as  not  to  eat  airy  thing  at  all  during  this  time),  his  blood  was 
drawn  freely,  and  no  sleep  was  permitted  to  settle  on  his  weary 
eyes.  From  time  to  time  he  was  exposed  to  taunts,  to  injurious 
words,  to  blows  and  even  to  stripes.  While  he  was  thus  hungry  and 
thirsty,  weakened  from  loss  of  blood  through  self-sacrifice,  others 
ate  and  drank  plentifully  before  his  eyes.  Finally,  his  clothes 
were  torn  from  his  body,  and  with  nothing  on  but  the  breech- 
cloth  or  diaper,  he  was  at  last  left  alone  at  the  "  calmecac,"  there 
to  do  the  rest  of  his  penance.  When  these  four  initiatory  days 
were  past,  the  candidate  went  back  to  his  calpulli,  to  spend  the 
remainder  of  the  time  (about  a  full  year),  in  retirement,  and 
abstinence,  frequently  attended  with  more  or  less  self-inflicted 
bodily  suffering.  When  the  kin  had  secured  the  necessary  amount 
of  articles  to  be  offered  up  in  worship,  or  given  to  the  medicine-men, 
officers,  chiefs,  and  guests  attending  the  installation,  this  final  so- 
lemnity was  allowed  to  take  place,  provided  always  that  the  courage 
and  personal  strength  of  the  novice  had  not  forsaken  him.  Another 
period  of  fasting,  sacrifice,  and  torture,  similar  to  the  one  at  the 
opening  of  the  career  of  preparation,  closed  the  probation.  Some 
of  the  ordeals  were  again  of  the  most  trying  nature.  Finally  the 
store  of  gifts  was  distributed  ;  eating  and  drinking  alternated  with 

eran  ya  como  caballeros,  y  tenian  divisas  particnlares  por  sus  hazaiias."  .  .  .  Fray 
Alonzo  de  Montufar('  Supplique,"  etc.,  30 Nov.,  1554.  "  Treizieme relation  d'lxtlilxochitl," 
Appendix,  p.  257).  ''  Des  Ceremonies  observees  autrefois  par  les  Jndiens  torsqu'ils 
faisaient  un  Tecle,"  (1st  "  Recueil,"  p.  232).  Mendieta  (Lib.  II,  cap.  XXXVJII,  p.  150). 
170  Gomara  ("  Conquista,"  Vedia  I,  p.  435).  "  Des  Ceremonies  observees,"  etc.  (pp.  232, 
etc.).    Mendieta  (p.  150).     Torquemada  (Lib.  XI,  cap.  XXIX  and  XXX,  etc.). 

Repokt  Peabody  Museum,  II.  41 


643 

solemn  dances  to  the  monotonous  rythmic  noise  called  Indian  music. 
The  candidate  was,  at  last,  once  more  dressed  in  becoming  apparel, 
and  could  recuperate,  being  himself  now  the  "  feasted  one."  m 

Men,  however  young  in  years,  who  had  successfully  endured  such 
great  trials,  certainly  deserved  to  be  looked  upon  thereafter  as 
persons  of  uncommon  fortitude.  Hence  indeed  the  chiefs  or 
"  tecuhtli "  were  particularly  fitted  for  responsible  offices  of  any 
kind.  They  were  looked  upon  with  deference,  their  voice  was 
heard  and  listened  to,  and  it  is  no  wonder  if  higher  charges,  es- 
pecially those  of  a  military  nature,  were  filled  by  such  as  had, 
in  one  way  or  another,  achieved  this  distinction.172  But  no 
privilege  was  connected  with  their  dignity,  except  that  of  wearing 
certain  peculiar  ornaments,  and  none  was  transmitted  through 
them  to  their  descendants.173     That  the  "  tecuhtli,"  besides,  did 

171  For  the  above  description  of  the  formalities  of  creating  a  "  Tecuhtli,"  I  reter  to 
the  sources  quoted  in  the  preceding  three  notes.  It  is  interesting  to  compare  similar 
ceremonies  used  by  the  Indians  of  the  Orinoco,  Gumilla  (•'  Histoire,"  etc.,  Vol.  11, 
cap.  XXXV).  Of  the  Yncas.  Garcilasso  de  la  Vega  (Lib.  VI,  cap.  XXIV  to  XXVI). 
Cristoval  de  Molina  {"An  account  of  the  Fables  and  Rites  of  the  Yncas"  translated  by 
C.  R.  Markham,  in  Hackluyt  Society's  Volume  of  1873).  "  Narratives  of  the  Rites  and 
Laivs  of  the  Yncas.'"  Herrera  (Dec.  V,  lib.  Ill,  cap.  VII,  p.  63,  etc.).  We  are  forcibly 
reminded  of  the  words  of  the  quaint  old  poet  and  soldier,  Alonzo  de  Erxcilla. 

"Los  cargos  de  la  Guerra,  y  preheminencia 
No  son  por  flaeos  medios  proveidos, 
Ni  van  porcalidail,  ni  por  herencia, 
Ni  por  hacienda,  i  ser  niejor  nacidos; 
Mas  la  virtud  del  brazo,  y  la  exceleucia, 
Esta  hace  a  los  hombres  preferidos, 
Sjsta  ilustra,  habilita,  perficiona, 
Y  quilata  el  valor  de  la  persona." 

("  La  Araucana,"  Parte  la,  Canto  1°.    Edition  of  1733,  p.  2). 

172 Mendieta  (Lib.  II,  cap.  XXXIX,  p.  161:  "Los  que  tenian  el  ditado  de  Tecutli, 
tenian  muchas  preeminencias,  y  entre  ellas  era  que  en  los  concilios  y  ayuntamientos  sus 
votos  eran  principales."  Gomara  ("  Conquista"  Vedia  I,  p.  436).  Torquemada  (Lib. 
XI,  cap.  XXX,  p.  366).  It  should  always  be  remembered,  that  the  dignity  of  Tecuhtli 
appears  most  prominent  in  Tlaxcallan.  This  people  however,  was  but  a  league, 
very  similar  to  that  of  the  northern  Iroquois,  only  consisting  of  four,  instead  of  six 
tribes.  Among  them,  the  peculiar  nature  of  the  dignity  of  chief  became  more  evident 
than  it  was  among  the  Mexicans  to  the  Spaniards.  But  there  is  no  difference  between 
the  "Tecuhtli"  of  Tlaxcallan,  and  the  "Tecuhtli"  of  Mexico  or  Tezcuco.  That  the 
head-chiefs  of  Mexico  were  always  "Tecuhtli  "  themselves,  previous  to  their  election, 
needs  hardly  any  proof.  Domingo  Munoz  Camargo  ("  Histoire  de  la  Republique  de 
Tlaxcallan."  Translation  by  Mr.  Ternaux-Compans,  in  Vol.  98  and  99  of  "  Xouvelles 
Annates  des  Voyages,"  1813.     See  Vol.  98,  p.  176,  etc.) 

173  About  the  privileges  of  the  Tecuhtli,  compare  Gomara  ("  Conquista"  Vedia  I.  p. 
436),  Mendieta  (Lib.  II,  cap.  XXXIX,  p.  161),  Torquemada  (Lib.  XI,  cap.  XXX,  p.  366), 
Zurita  (p.  48,  etc.).  It  is  evident  however,  that  the  latter  confounds  the  rank  of 
chief  with  the  particular  oflice  which  might  have  been  entrusted  to  him,  else  the  "culti- 
vation of  lands"  could  not  be  included  in  the  list  of  advantages  derived  from  the  posi- 
tion. Compare  "Tenure  of  Lands,"  Bustamante  (•'  Tezcoco"  etc.,  p.  235).  Sr.  Bustamante 
frequently  copies  Zurita.  Herrera  (Dec.  Ill,  Lib.  IV,  cap.  XV,  p.  135).  In  regard  to 
the  non-heredity  of  the  dignity,  I  refer  to  the  above  authorities,  and  more  especially 

6** 


644 

not  form  as  it  is  often  stated,  an  order  of  chivalry,  is  amply  proven 
by  the  fact  that  the  bond  of  kinship  interposed  a  barrier  between 
them  and  such  an  imaginary  association  and  furthermore,  because 
their  number  could  not  be  very  great.  The  formalities  required 
were  so  numerous  and  dilatory,  the  material  for  distribution  in  the 
shape  of  gifts  was  so  large,  that  a  frequent  repetition  of  the 
occurrence  lay  beyond  the  power  of  the  kin.174  After  this  neces- 
sary digression,  we  return  once  more  to  the  Mexican  calpulli. 

Besides  being  as  already  established  in  "Tenure  of  Lands," 
the  unit  of  territorial  possession,  we  found  the  Mexican  kin  to 
be  a  seJf-governi7ig,  therefore  democratic  cluster.  Every  one  of 
these  clusters  had,  within  itself,  all  the  elements  required  for 
independent  existence  as  an  organized  society.  Except  for  as- 
sistance and  protection  against  outsiders,  it  needed  no  associates. 
Hence  it  follows,  that  since  we  find  twenty  Mexican  kins  aggre- 
gated into  a  tribe,  this  tribe  was  a  voluntary  association,  formed 
for  mutual  protection. 

Three  attributes  of  the  tribe  are  next  to  self-evident : 

1.  A  particular  territory  ; 

2.  A  common  dialect ; 

8.    Common  tribal  worship.175 

to  A.  de  Zurita  ("  Rapport,"  p.  49 :  "  Lorsqu'un  de  ces  cliefs  monrait,  1c  prince  accord  a  it 
8a  charge  a  celui  qui  s'en  etait  rendu  digne  par  ses  services,  car  les  fits  du  deiunt  «'en 
heritaient  pas  s'ils  n'en  etaient  in  vestis."  The  very  fact  of  the  election,  and  the  manner 
in  which  it  was  performed  is  also  evidence.  See  the  various  documents  in  Ternaux- 
Compans,  2d  Recueil. 

174  That  such  a  festival  or  ceremony  necessitated  the  accumulation  of  much  provis- 
ion and  many  articles  for  presents  and  offerings,  is  proven  by  numerous  authorities. 
Gomara  ("  Conquista  "  Vedia  I,  p.  430) :  "  En  fin,  en  semejantes  fiestas  no  habia  pari  en  te 
pobre.  Daban  a  los  senores  tecutles  y  principales  convidados  plumajes,  mantas,  tocas, 
zapatos,  bezotes,  y  orejeras  de  oro  d  plata  6  piedias  de  precia.  Esto  era  mas  6  menos, 
segun  la  riqueza  y  animo  del  nuevo  tecuitli,  y  conforme  a  las  personas  que  se  daba. 
Tambiea  hacia  grandes  ofrendas  al  templo  y  a  los  sacerdotes."  Zurita  ("  Rapport  sur 
les  differentes  classes  de  chefs  etc.,"  p.  28):  "Ces  solemnites  occasionnaient  de  grandes 
depenses,  car  les  assistants  etaient  fort  nombrenx;  c'etaient  les  parents,  les  allies  et  les 
domestiques  du  nouveau  dignitaire.  L'on  faisait  aussi  des  aumones  considerables  aux 
pauvres."  "Des  Ceremonies  observees  autrefois  par  les  Indiens  lorsqu'tts  faisaieut  un 
Tecle."  (1st  Recueil,  p.  233) :  "  Celui  que  l'on  nommait  Tecle,  devait  d'abord  posseder  de 
grands  biens,  qn'il  put  donner  aux  pretres  et  aux  autres  nobles."  (P.  237) :  "  Un  grand 
nombre  ne  pouvait  pas  se  procurer  en  si  pen  de  temps  la  quantite  suflisante,  etc.,  etc." 
Mendieta  (Lib.  II,  cap.  XXX VIII,  p.  150):  "Y  asi  les  costaba  excesivo  trabajo  y  gasto, 
como  aqui  se  dirii."  (Id.,  cap.  XXXIX,  pp.  100  and  101.)  Veytia  ("  Historia  Antigua" 
Lib.  II,  cap.  IX.  pp.  05  and  08) :  "  Y  era  exhorbitantisimo  el  gasto,  por  cuya  causa  al- 
gunos,  cuyas  facultades  y  caudal  no  era  suficiente  a  reportarlos,  dejaban  de  tomar 
este  dictado."  II.  //.  Bancroft  (Vol.  II,  p.  199):  "As  before  remarked,  the  vast  ex- 
penses entailed  upon  a  Tecuhtli  debarred  from  the  honor  many  who  were  really  worthy 
of  it." 

175  For  these  three  attributes  of  tribal  organization  I  refer  to  Morgan  ("Ancient 
Society,"  p.  113). 


645 

All  three  we  find  very  plainly  among  the  ancient  Mexicans.176 
Since  the  tribe  was  formed  of  kins  associating  together  volun- 
tarily, it  must  be  admitted  that  they  stood  on  an  equal  footing, 
and  had,  all,  an  equal  share  in  the  tribal  government.  It  was 
scarcely  possible,  however,  from  what  we  know  of  the  population 
of  aboriginal  Mexico,  that  all  the  male  members  of  the  kins,  at  a 
general  gathering,  could  form  its  directive  power.177  The  latter 
consisted  of  delegates,  elected  by  the  kins  to  represent  them  ; 
which  body  of  delegates  was  the  supreme  authority,  from  whose 
decisions  there  should  be  no  appeal.178 

"6"  Ancient  Society"  (Part  IT,  cap.  VII). 

"7  There  is  no  evidence  of  a  general  gathering  of  the  tribe  of  Mexico,  subsequent  to 
the  election  of  "  Humming-Bird"  (Huitzilihuitl)  to  the  office  of  "chief  of  men."  This 
occurrence  which,  according  to  the  Codex  Mendoza  (Plate  III),  took  place  in  1396,  is 
mentioned  by  Durdn  (Cap.  VII,  p.  53):  •' Y  asi  haciendo  su  consulta  y  cauildo  entre 
los  grandes  y  mucha  de  la  gente  comun."  Tezozomoc  ("  Cronica  Mexicana"  edited  by 
Sr.  Jose  ]\r.  Vigil  and  annotated  by  Sr.  Orozco  y  Berra,  Mexico,  1878,  cap.  IV,  p.  233), 
distinctly  mentions  delegates:  '-Casi  con  esto  los  mas  principales,  viejos,  y  sacerdotes 
de  los  Mexicanos,  de  los  cuatro  barrios."  The  '•  Codice  Ramirez  "  ("  Relation  del  Origen 
de  los  Indios  que.  Habit  an  esta  Kueva- EspaTia  segun  sus  Historias."  "  Biblioteca  Mexi- 
carta,"  p.  39),  uses  the  same  words  as  Duran.  Sahngun  (Lib.  VIII,  cap.  XXX,  p.  318), 
gives  probably  the  best  and  clearest  picture  of  the  most  important  meetings  of  the 
tribe. —  those  for  election  of  the  chiefs,  and  distinctly  mentions  only  old  men,  officers  and 
medicine-men. 

178  Evidence  in  regard  to  the  existence  and  to  the  supreme  authority  of  this  body  is 
found  in  many  authors.  In  the  first  place  we  have  the  direct  admission,  that  they 
elected  the  "chief  of  men"  or  so-called  "  King,"  and  that  the  "'matters  of  government" 
lay  in  their  hands,  in  that  (yet)  anonymous  Relation  taken  from  the  Archives  of 
Simancas,  translated  and  printed  by  Mr.  II.  Ternaux-Compans  under  the  title:  "  De 
Vordre  de  Succession  observe  par  les  Indiens"  (ler  Recneil,  p.  228):  '•  Des  conseilleurs 
etaient  charges  des  affaires  d'etat;  c'etaient  pour  la  plupart  des  gens  de  distinction  et 
des  tecuclis  ou  chevaliers  comme  nous  les  appelons.  On  choisissait  toujours  des  per- 
sonnes  agees,  pour  lesquelles  le  souverain  avait  beaucoup  de  veneration  et  de  respect, 
et  qu'il  honorait  comme  ses  peres."  The  supremacy  of  the  council  is  positively 
affirmed,  besides,  in  the  following  authorities  :  — 

(1).  In  a  fragmentary  MSS.  of  the  sixteenth  century,  found  along  with  the  "  Codice 
Ramirez,"  and  incorporated  with  the  latter  in  the  "  Biblioteca  Mexicana"  ("  Cronica," 
Fragmento  2,  Cap.  .  .  p.  147) : ."  Considerando  el  nuevo  Rey  de  Mexico  la  fuerza  que 
el  espafiol  traia,  junto  a  consejo  y  hizoles  representacion  de  aquesto,  y  lo  que  estaba 
prometido  que  de  Ixtlilxuehill  habia  de  salir  la  ruina  de  los  Mexicanos,  que  se  diesen 
con  buenas  condiciones,  pues  era  menos  mal  que  no  morir  a  sus  manos  y  a  las  de  los 
espanoles.  No  quisieron  por  tener  concepto  destos  que  eian  insufribles  y  cudiciosos. 
Tornoles  otra  vez  a  tratar  aquesto,  y  aun  otras  dos,  diciendoles  ser  ent6nces  tiempo 
comodo  :  dijeron  que  querian  mas  morir,  que  hazerse  esclavos  de  gente  tan  mala  como 
los  espanoles;  y  asi  quedo  combenido  que  era  mejor  morir;  la  qual  determinacion 
sabida  por  Cortes  andaba  daudo  orden  ;i  Ixtlilxnchitl  de  como  sitiar  la  ciudad."  This 
shows  how  decisive  the  voice  and  vote  of  the  council  was,  over  and  above  the  wishes 
and  counsels  of  the  so-called  "King"  (at  that  time  Quauhtemotzin),  even  at  the  time  of 
greatest  danger,  immediately  before  the  last  siege.  Compare  '-Art  of  War"  (p.  100)  on 
the  same  subject. 

(2).  In  same  collection  —  Fragmento  1  (pp.  121  and  125),  acknowledging  the  final 
decisions  of  the  couucil  at  the  time  of  the  older'-  wrathy  chief":  "yassi  en  este  tiempo 


646 

It  is  therefore  a  tribal  council,  called  in  the  Mexican  language 
"place  of  speech"  ("  Tlatocan  "),  which  constituted  the  highest 
power  among  the  ancient  Mexicans.179  In  all  probability  it  con- 
sisted of  as  many  members  as  there  were  kins  in   the  tribe,180 

comenzd  a  edificar  el  templo  a  su  dios  Huitzilopochtli  a  imitacion  de  Salomon,  por  con- 
sejo de  Tlacaellel  y  de  todos  sus  grandes."  Idem  (p.  117) :  "y  hiego  llam6  a  Tlacaellel 
y  a  sub  consejeros,  y  diziendoles  lo  que  pasaba,  de  eomuti  acuerdo  se  determino  que  se 
hiziesse  guerra  a  los  de  Tepeaea." 

(3).  The  proper  words  of  the  last  "  wrathy  chief"  (Montezuma  II),  as  reported  by 
Tezozomoc  ("  Cronica  Afexicana,"  Vol.  IX  of  Kingsborough,  Cap.  XCVII,  p.  172)  are: 
'•  hijos  y  hermanos,  seais  muy  bien  venidos,  descansad,  que  aunque  es  verdad  yo  soy  rey 
y  sefior,  yo  solo  no  puede  valeros,  sino  con  todos  los  principales  Mexicanos  del  sacro 
senado  Mexioano  descansad."  This  reply  was  given  by  the  reputed  "despot"  to  the 
delegates  from  Huexotzinco,  who  came  to  negotiate  for  peace  and  alliance  against 
the  Tlaxcallans.  In  connection  with  this  we  meet  with  the  remarkable  passage 
already  quoted,  which,  while  proving  the  fact  that  the  Mexican  tribe  could  not,  alone, 
even  treat,  for  itself,  with  a  hostile  tribe,  establishes  incidentally,  also,  the  supremacy 
of  the  Mexican  council  over  its  head-chief:  "  Habiendo  venido  ante  Moctezuma  todo  el 
senado  Mexicano,  y  consultado  sobre  ello,  dijo  Zihuacoatl  resoluto:  Sefior,  como  sera 
esto,  si  no  lo  saben  vaestros  consegeros  de  guerra  los  reyes  de  Aculhuacan  Nezahual- 
pilli,  y  el  de  Tecpanecas  Tlaltecatzin  ?  hagase  entero  cabildo  y  acuerdo:  fue  acordado 
asi." 

(4).  Diego  Duran  (Cap.  XI,  p.  103) :  "A  estos  quatro  sefiores  y  ditados,  despues  de 
eletos  principes  los  hacian  del  consejo  real  como  presidentes  y  oydores  del  consejo 
supremo,  sin  parecer  de  los  quales  nenguna  cosa  se  auia  de  hacer."  (Cap.  XII.  p.  108) : 
"  El  rey  tomo  parecer  con  los  grandes  de  lo  que  auia  de  hacer.  Tlacaelel,  principc  de 
los  exercitos,  y  los  quatro  del  supremo  consejo."  (Cap.  XIV,  pp.  117  and  118)  describes 
a  called  meeting  of  "los'mas  principales  de  toda  la  ciudad  de  Mexico"  with  the  two 
chiefs.  (Cap.  XVI,  p.  132) :  "Tlacaellel  respondio,  que  le  parecia  cosa  muy  acertada  y 
justa,  y  todos  los  del  consejo  determinaron  de  que  se  hiciese."  (P.  133) :  "  Montecuma 
aprobo  el  consejo  y  dixo :  perdonad  me,  sefiores.  que  yo.aunque  soy  rey  no  acertare  en 
todo:  para  eso  tengo  vuestro  favor,  para  que  me  auiseis  de  lo  que  a  la  autoridad  desta 
ciudad  y  nuestra  conviniere."    I  further  refer  to  Cup.  XVIII  (p.  15ti),  and  other  places. 

(5).  Acosta  (Lib.  VII,  cap.  11,  p.  477) :  "  De  donde  se  puede  entender,  que  entre  estos 
el  Rey  no  tenia  absoluto  mando  e  imperio,  y  que  mas  gouernaua  a  modo  de  Consul,  o 
Dux,  que  de  Rey,  aunque  despues  con  el  poder  crecio  tambien  el  mando  de  los  Reyes, 
hasta  ser  puro  tyrannico,  como  se  vera  eu  los  ultimos  Reyes."  This  latter  assertion  has 
already  been  refuted  in  a  previous  note.  (Lib.  VI,  cap.  XXV,  p.  441):  "Todos  estos 
quatro  eran  del  supremo  Consejo,  sin  cuyo  parecer  el  Rey  no  hazia,  ni  podia  hazer  cosa 
de  importancia." 

(6).  Herrera  (Dec.  Ill,  lib.  II,  cap.  XIX.  p.  76):  "Estos  quatro  Ditados,  eran  del 
Consejo  supremo,  sin  cuyio  parcer  no  podia  haeer  el  Rei  cosa  de  importancia." 

(7).  Indirect  evidence  of  the  supreme  power  of  the  council  is  found  in  the  descrip- 
tions of  the  mode  of  consultation  about  war  or  peace,  as  given  by  Mendieta  (Lib.  II, 
cap.  XXVI,  p.  129),  Torquemada  (Lib.  XIV,  cap.  II,  p.  537).  The  latter  even  mentions 
old  women  along  with  the  men.  as  participating  in  the  debate  on  peace  or  war,  and 
describes  this  debate  as  truly  "  Indian." 

i"  Molina  (II.  p.  110) :  "  tlatocan,"  "  corte  6  palacio  de  grandes  sefiores."  (Id.,  I,  p.  29).: 
"consejo  real,"  "tlatocanecentlaliliztli."  Torquemada  (Lib.  XIV,  cap.  VI,  p.  545):  "si 
no  era  en  la  corte,  a  la  qual  Hainan  Tlatocan,  que  es  lngar  de  Juzgado,  6  Audiencia." 

lso We  have  already  noticed  that  there  were  twenty  "barrios"  (kins)  in  the  tribe. 
Now  we  are  told  by  Bernal  Diez  de  Castillo  {"Hist,  verdadera,"  etc.,  Vedia  II,  cap.  XCV, 
p.  95) :  "y  siempre  si  la  contina  estaban  en  su  compafiia  veinte  grandes  sefiores  y  conse- 
jeros y  capitanes,  y  se  hizo  a  estar  preso  sin  mostrar  pasion  en  ello."  (Cap.  XCVII,  p.  99) : 
"Ya  he  dicho  otra  vez  en  el  capitulo  que  de  ello  habla,  de  la  manera  que  entraban  a 


647 

each  calpulli  sending  a  "speaker"  ("Tlatoani")  to  represent  it. 
Such  positions  could  only  be  filled  by  men  of  acknowledged  ability 
and  reputation,  who  had  acquired  the  distinction  of  chiefs,  and 
hence  their  other  title  —  "speaking  chiefs"  ("  Tecuthatoca,") 
which  was  everywhere  recognized,  in  aboriginal  Mexico,  as  the 
highest  office  and  charge.181 

negociar  y  el  acato  que  le  tenian,  y  como  siempre  estaban  en  sn  compaiiia  en  aquel 
tiempo  para  despachar  negocios  veuite  hombres  ancianos,  que  eran  jueces;  y  porque 
esta  ya  referido,  no  lo  torno  a  referir  "  Furthermore,  it  is  positively  asserted  by  Tor- 
quemada  (Lib.  XIV,  cap.  VI,  p.  544) :  "  En  lugar  de  Regidores,  ponian  en  cada  Barrio,  6 
Parcialidad,  un  Tecuhtli,  que  se  ocupaba  en  executar  lo  que  nuestros  Kegidores  exeeu- 
tan,  y  hace'n,  y  todos  los  Dias  se  hallaban  en  el  Palacio,  a  ver  lo  que  se  les  ordenaba,  y 
mandaba."  Consequently  each  calpulli  or  kin  held  one  representative  constantly  at 
the  official  house  of  the  tribe,  and  as  there  were  twenty  kins,  we  necessarily  have  here 
the  twenty  chiefs  or  ''Judges,"  mentioned  by  Bernal  Diez.  The  above  statement  of 
Torquemada  is  repeated  (or  copied  ?)  by  Vetancurt  (■•Teati-o,"  Vol.  I,  p.  371). 

Durdn  (Catp.  XXVI,  p.  215)  mentions :  "los  grandes  seiiores,  que  eran  hasta  doce." 
Ixtlilxochitl  (•' Histoire  dcs  ChichimSques,"  Cap.  XXXIV,  p.  236)  says  "there  were  four- 
teen great  lords  in  the  kingdom  of  Mexico."  Tezozomoc  (Cap.  XXXVI.  p.  57,  Kingsb., 
Vol.  IX)  enumerates  first  twelve,  then  three  more.  Thi-i  is  the  more  singular  after  the 
detailed  list  giving  twenty  chiefs,  which  list  I  have  already  referred  to  in  a  previous  note, 

That  the  members  of  the  tribal  council  were  elected  each  one  by  his  calpulli  or  kin. 
follows  from  the  statements  of  Zurita  {"Rapport,"  etc.,  p.  60):  '•  Les  calpullis  ont  ton- 
jours  un  chef  pris  necessairement  dans  la  tribu.  .  .  .  L 'election  se  fait  entre  eux.  .  .  . 
La  charge  de  ces  chefs  n'est  pas  heieditaire.  .  ."    (P.  (il) :  "  Ce  chef  est  charge  du  soin 

des  terres  du  calpulli  et  d'en  defendre  la  possession "    (P.  62) :  •'  II  a  soin  de  i\4- 

fendre  les  membres  du  calpulli,  de  parler  pour  eux  devant  la  justice  et  les  gouver- 
neurs."  Consequently  this  officer  represented  the  kin  towaids  the  other  kins  of  the 
same  tribe,  and  this  could  only  be  done  in  the  tribal  council,  as  one  01  its  members. 
How  this  election  took  place,  the  same  authority  tells  us  (p.  61),  also  that  the  office  was 
for  life,  and  that  as  capacity  was  the  first  condition,  incapacity  or  unfaithfulness  neces- 
sarily brought  about  removal. 

"»  Molina  (II,  p.  14) :  "  Tlatoani,"  '•  hablador.  d  gran  sefior."  The  plural  is  "  Tlatoca." 
Pimentel  ("Cwarfro,"  p.  174).  There  is  ample  evidence  of  the  high  offices  which  bore 
this  title.  Compare  Torquemada  (Lib.  IV,  cap.  XVI,  p.  626):  "los  Tlatoques  (que  son 
los  Senores,  y  Poderosos.)"  ....  Tezozomoc  uses  the  term  "  Zemanahuac-tlatoani." 
Zurita  (p.  43):  "Les  souverains  se  nommaient  et  se  nomment  encore  Tlatoques,  mot 
qui  vient  du  veibe  tlatoa,  qui  vent  dire  parler."  lierncd  Diez  de  Castillo  (Cap. 
XXXVIII,  p.  32,  Vedia,  II).  "Real  Ejecutoria"  (Col.  de  Doc,  Vol.  II,  p.  12  and  note  36). 
In  this  document  the  word  is  used  in  the  plural:  "y  diciendo  que  ya  habian  estado  alii 
los  Tlatoanis  Teacames."  It  would  be  useless  to  quote  further  authorities.  I  shall 
only  state  that,  according  to  St.  D.  Juan  Gavarrete.  the  term,  as  applied  to  "  priucipa- 
les  "  or  "  old  men,"  is  still  used  among  the  Indians  of  Guatemala  :  "Los  ancianos  que 
a  sn  edad  agregan  servicios  publicos  se  Hainan  en  algunos  pueblos  Tatoques;  pero 
esta  denominacion  casi  ha  desaparecido."    {Letter  to  the  writer  14  March,  1879.) 

The  term  "  tecutlatoca"  decomposes  into  "tecutli"  and  "tlatoca."  It  is  found  in 
Molina  til,  p.  93),  as  "in  Tecutlatoa,"  "tener  audiencia,  o  entender  en  su  oficio  el  presi- 
dente,  oydor,  alcalde,  etc.,  etc."  "Tecutlatoliztli."  "judicatura,  oel  acto  de  exercitarsu 
oficio  el  Juez."  Torquemada  (Lib.  XI,  cap.  XXVI,  p.  355):  "y  a  los  Jueces,  Tecuhtla- 
toque,  Senores,  que  goviernan  el  bien  publico,  y  lo  habian."  I  have  already  noticed 
that  the  "Tequitlato"  mentioned  by  Sahagun  (Lib.  VIII,  cap.  XXXVIII,  p.  329)  might  be 
a  misprint  or  misspelling  for  "tecutlatoca."  The  same  author  says  (Id.,  Cap.  XXV,  p. 
314):  "Estos  tales  eran  los  mayores  jueces,  que  ellos  llamaban  tecutlatoque."  Molina 
(I,  p.  108) :  "senador,"  "  tecutlatoca." 


648 

The  place  where  this  council  assembled,  was  necessarily  the 
official  house  of  the  tribe  or  "  tecpan,"18'2  and  there  they  met  at 
stated  intervals,  possibly  twice  every  Mexican  month  of  twenty 
days.183  Such  meetings  were  fully  attended,  and  they  could  be 
called,  besides,  at  any  time.184     There  is   evidence  that,  during 

Bustamante  ("  Tezcoco,"  p.  191):  "Habia  timbien'abogados  y  proeuradores ;  a  los 
primeros  llamahan  Tepantlatoani  (el  que  habia  por  otro)." 

182  Molina  (II,  p.  93):  "casa  6  palacio  real,  6  dealgun  eeiior  de  salua."  But  of  special 
importance  is  the  following  definition  (I,  p.  91):  "Palacio  real"  —  "tecpan,  tlatocan, 
toteeuacan."  This  shows  that  the  tecpan  was  really  the  place  where  the  council  met." 
Sahagun  (Lib.  VIII.  cap.  XIV,  pp.  302  and  303.  Cap.  XXV,  p.  314).  Mendieta  (Lib.  II, 
cap.  XXVIII,  p.  131).  Ixtlilxichitl  ("  Histoire  des  Chlihimt  jues,"  Cap.  XXXVI.  pp. 
247-252).  Veytit  (III.  cap.  VII,  p.  199).  Torquemada  ('•  Honarquia,"  Lib.  XIV,  cap.  VI, 
p.  544),  identilying  "la  Corte"  with  the  "lugar  de  Juzgado,  6  Audiencia."  Further 
quotations  are  useless. 

'•■■  fhis  fact  is  implied  by  Ixtlilxochitl  f"  Hist,  des  ChichimSques,"  cap.  XXXVIII, 
pp.  207,  268  and  209),  when  he  affirms  th.it,  in  notifying  a  hostile  tribe  of  the  intention 
to  make  war  upon  it,  the  notification  was  repeated  thrice,  at  intervals  of  twenty  days. 
Veytia  ('•  Hisforia  antigua  de  Mejico,"  Lib.  III.  cap.  VII.  p.  209),  says  that  every  twelve 
days  "cada  doce  dias,"  the  courts  met  to  report  to  the  "emperor."  This  is  rather 
strange  since  (Id.,  p.  202,  etc.),  he  says  that  these  courts  sat  daily  in  what  he  calls  the 
"  palace."  Torquemada  (Lib.  XI,  cap.  XXVI,  p.  355) :  "  De  diez  a  diez  Dias,  y  a  mas 
titrdar,  de  doce  a  doce,  hacia  junta  el  Kei  de  todos  los  jueces,  asi  de  las  Audienoias  del 
Keino,  como  de  los  de  sus  Consejos."  In  this  case  he  speaks  of  Tezeuco.  Mendieta 
(Lib.  II,  cap.  XXVIII,  p.  135):  '•  Y  asi,  a  lo  mas  largo,  los  pleitos  arduos,  se  concluian 
a  la  consulta  ile  los  ochenta  dias,  que  llamaban  nappoaltlatolli,  demas  que  cada  diez  6 
doce  dias  el  seiior  con  todos  los  jusces  tenian  acucrdo  sobre  los  casos  arduos  y  de  mas 
calidad."  Zurita  ("  liapport,  etc.,"  p.  101):  "Tons  les  douze  jours  il  y  avait  line 
assemblee  generale  des  juges  pi  esidie  par  le  prince.  On  y  jugcait  les  affaires  difflciles, 
celles  de  crimes  qualities,  et  Ton  examinait  minutieusement  tons  les  details."  Clavi- 
gero  (Lib.  VII,  cap.  XVI.  p.  482),  is  ve.iy  positive:  "Each  Mexican  month,  or  within 
twenty  days,  a  meeting  of  till  the  judges  was  held  in  presence  of  the  King,  to  decide 
upon  till  cases  not  yet  disposed  of."  He  evidently  bases  the  statement  upon  Gomara 
("  Conquista,"  etc.,  Vedia  I,  p.  412).  "  Corisnltan  con  los  seiioies  cada  mes  una  vez 
todos  los  negocios,"  according  to  Sr.  Orozco  y  Berra  ("  Ojeada  sobre  Cronologia 
Mexicana"  Introduction  to  the  "  Cionica  Mexicana,"  published  under  the  supervision 
of  Seiior  Jose  M.  Vigil,  pp.  174  and  175).  Gomara  rests  principally  upon  an  unpublished 
series  of  documents,  entitled  "  Libro  de  Oro,"  now  in  possession  ol  my  friend,  Sr. 
Icazbalceta.  which  collection  was  formed  by  the  Franciscans  under  the  auspices  of 
the  unjustly  abused  Pray  Juan  de  Zumarraga,  between  1531  and  1547.  The  statement 
of  Clavigero  is,  therefore,  not  to  be  rejected.  The  "  Codiee  llandrez"  (p.  05)  says:  "los 
quales  daban  noticia  al  Rey  cada  eierto  tiempo  de  todo  lo  queen  mi  Reyno  pasaba  y 
se  habia  hecho  "  It  is,  therefore,  to  say  the  least,  likely,  that  the  full  council  met 
once  a  month,  but,  as  we  have  stated  in  older  to  be  just  towards  all,  it  is  equally 
possible  that  il  may  have  met  twice.  The  reference  to  '•  Judges  "  needs  no  explanation. 
It  is  self-evident  that  for  judiciary  matters,  alone,  such  meetings  of  executive  officers 
were  superfluous.  Matters  of  government  came  up  also,— and  this  is  decisive  of  the 
kind  of  officers  that  were  members  of  the  tribal  council,  since  they  alone  could  till  such 
positions.  These  meetings  were,  therefore,  full  meetings  of  the  council,  and  nothing 
else. 

is*  This  is  abundantly  proven  by  what  has  at  last  been  recognized  by  Sr.  Orozco  y 
Berra  as  well  as  by  my  friend,  .Sr.  Chavero  {-'Ojeada,"  etc.)  as  specifically  Mexican 
sources  of  aboriginal  history.  See  for  inst. :  "  Codiee  Ramirez"  (pp.  52,  02,  00,  07,  80). 
"  Fragmento  A'o.  1"  (pp.  124,  127,  133,  etc.).    "  Fragmento  No.  2"  (pp.  137,  147,  etc.). 


649 

the  critical  period  of  Cortes'  first  stay  at  Tenuchtitlan,  the  twenty 
"  speakers"  held  daily  meetings  at  the  official  house.185 

In  a  society  based  upon  kin  we  cannot  expect  a  clear  divi- 
sion of  the  powers  of  government,  particularly  as  there  were 
no  written  laws,186  and  custom  alone  ruled.  The  functions  of 
the  ancient  Mexican  council  were  not  properly  legislative,  but 
they  were  rather  directive  and  judicial  combined.  One  of  its  first 
duties  was,  however,  to  maintain  harmony  among  the  kins. 

The  twenty  independent  social  units  composing  the  Mexican 
tribe,  while  bound  together  by  the  necessity  of  mutual  aid  to  secure 
territorial  independence,  could  not  be  expected  always  to  live  in 
peace  with  one  another.  Difficulties  would  necessarily  arise  between 
kin  and  kin,  and  to  prevent  such  disputes  from  leading  to  actual 
warfare,187  the  council  as  a  body  of  official  arbitrators  was  needed. 

According  to  the  rules  of  kinship,  the  calpulli  was  not  only 
bound  to  avenge  any  wrongs  suffered  by  one  of  its  members,  but 
it  was  also  responsible  for  the  offences  committed  by  the  kinfolk 
towards  any  outsider.188     Hence  theft  committed  outside  of  the 

Duron  (rap.  X,  p.  83,  XI,  pp.  107,  108,  109.  XIV,  pp.  117,  123,  XVI,  p.  132,  XVIII,  p.  156), 
etc.,  etc.  We  forbear  further  quotations,  since  they  would  be  too  numerous.  All  go  to 
prove  that  the  council  was  frequently  called  together  between  the  t:raes  of  regular 
meeting.  Quotations  from :■  Tezoasbmoc  ("  Or&nica  Mexicana")  are  useless,  since  they 
are  very  numerous  ami  agree  with  those  of  Duvdn  in  the  main.  The  fact  of  irregular 
meetings  of  the  council  having  been  called  during  the  conquest,  is  further  proven  by 
Sahagun  (Lib.  XII.  cap.  III.  p.  7).  and  Torquemada  (Lib.  IV,  cap.  XIV,  p.  385). 

ma  nerval  Diez  de  Castillo  (••  Historia  verdadera,"  Vedia,  Vol.  II.  cap:  XC  V,  p.  95) :  "  y 
siempre  ft  la  contina  estaban  en  su  compahia  veinte  gr.mde  sefiores  y  consejeros  y 
capitanes."  (Cap.  XCV1I,  p.  9!)):  "  Ya  lie  dicho  otra  vez  en  el  capitulo  que  de  ello 
habkt,  de  la  man  era  que  entraban  a  negociar  y  el  acato  que  el  tenian,  y  como  siempre 
estaban  en  su  compahia  en  aquel  tiempo  para  despachar  negocios  veinte  hombres 
ancianos,  que  eran  juece*." 

w*A  number  of  paintings  are  mentioned  as  representing  the  customs  and  manners 
of  the  natives.  Specimens  of  these  are  found  in  Codex  Mendbza,  Lam.,  58  to  72  inclusive. 
But  none  of  these  contained,  or  COllid  contain  or  express,  anything  like  a  law.  Compare, 
on  Mexican  paintings  in  general  and  their  value,  "  On  the  Sources  for  aboriginal 
history  of  Spanish  America,"  in  Vol.  27  of  "  Proceedings  of  the  American  Association  for 
the  Advancement  of  Science."  Seiior  Orozco  y  Berra  ("  Codice  Afendozino,-  Ensayo  de 
descifracion  geroglifica,"  beginning  in  Mo.  3,  of  Vol.  1,  "A7iales  del  Maseo  National  de 
Mexico")  has  commenced  a  publication  which  can  be  expected  to  shed  much  light  on 
such  picture-leaves,  and  the  true  position  which  they  held  among  the  ancient  Mexicans. 

187  Conflicts  between  the  inhabitai  ts  of  different  ••  barrios"  during  festive  turnouts 
and  religious  gatherings  could  not  always  be  prevented. 

188  Morgan  ("  Ancient  Society,"  pp.  70  and  77).  Davila-Padilla  («'  Historia  de  la  Foun- 
dation y  Discurso  de  la  Provincia  de  Santiago  de  Mexico,"  Lib.  I,  cap.  XXVI,  p.  83). 
The  custom  is  general  among  other  tribes  and  Mr.  Morgan  has  adverted  to  it  among 
the  Maya  of  Yucatan  and  the  Peruvians.  It  would  be  unnecessary  display  to  produce 
further  evidence :  the  remarkably  clear  statements  of  Mr.  Morgan  fully  "cover  the 
case." 


650 

calpulli,  and  especially  the  slaying,  wilful  or  accidental,  of  mem- 
bers of  one  kin  by  those  of  another,  became  the  cause  of  a  claim 
by  the  offended  calpulli  upon  that  of  the  offender.189  This 
claim  was  submitted  to  the  tribal  council  by  the  "speaker"  of 
the  complainant  kinship.  He  produced  his  evidence,  sometimes 
even  in  the  shape  of  paintings,  not  so  much  to  prove  the  facts 
as  to  sustain  his  claim.  From  the  opposite  side,  the  "speaker" 
defended  the  interests  of  his  clan,  and  he  also  supported  his 
pleadings  with  whatever  testimony  he  might  command.190  The 
remaining  "tlatoca"  listened  attentively  to  both  parties,  and 
when    the    argument    was    concluded,    tliey    deliberated    among 

"»//.  H.  Bancroft  ("  Kative  Races,"  Vol.  II,  pp.  458  and  459)  was  the  flrst,  to  my 
knowledge,  to  call  attention  (in  note  59)  to  the  difference  of  opinion  among  authors,  in 
reg  lid  to  the  punishment  of  murderers.  He  refers  to  the  unpublished  parts  of  the  work 
of  Fray  Dier/o  Durdn.  We  find  in  the  Codice  Ramirez  ("  Tratado  delos  Ritos  y  Cere- 
manias  y  IHoses  que  en  su  Oentilidad  usahan  los  Indios  desta  Nueva  Espana,"  Cap.  I, 
p.  10'i) :  •'  lil  niatar  uno  a  otro  era  muy  prohibido,  y  aunque  n<>  se  pagaba  con  muerte, 
hazian  al  homicida  esclavo  perpetuo  de  la  mujer  6  parientes  del  muerto,  para  que  les 
sirviesse  y  supliesse  la  falta  del  muerto,  ganando  el  sustento  de  los  hijos  que  dejaba." 
This  is  very  interesting  since  it  shows  the  autonomy  of  the  kins.  The  murderer  stood, 
towards  the  calpulli  of  the  slain,  in  the  same  relation  as,  among  northern  Indians,  a 
prisoner  of  war  did  towards  the  hostde  tribe.  Both  could  be  adopted,  and  this  condoned 
the  deed.  The  offending  kin  lost  one  member ;  the  offended  kin  obtained  one  in  return  for 
the  one  that  had  been  killed.  However,  this  was  only  in  exceptional  cases  :  the  rule,  as 
established  by  the  majority  of  authors  was  that  life  alone  could  atone  for  life.  In  the 
6ame  manner,  and  under  the  same  head,  the  contradictory  reports  must  be  placed, 
about  the  punishment  of  theft,  which  have  already  been  noticed.  There  are  conse- 
quently, for  each  crime  or  kind  of  crime,  two  classes;  one,  of  such  as  were  committed 
within  the  kin,  and  the  other,  of  such  as  were  committed  without. 

"">  S(diagun  (Lib.  VIII,  cap.  XV,  p.  304) :  "  Otra  sala  del  palacio  se  llamaba  teccali, 
6  teccalco.  En  este  lugar  residian  los  senadores  y  los  ancianos  para  oi'r  pleitos  y 
peticiones,  que  les  ofrecian  la  gente  popular,  y  los  jueces  procuraban  de  hacer  su  oflcio 
con  mucha  prudencia  y  sagacidad,  y  presto  los  despachaban ;  porque  primeramente 
demandaban  la  pintura  en  que  estaban  escritas  6  pintadas  las  causas,  como  hacienda, 
casas,  6  maizales;  y  despues  cuando  ya  se  queria  acabar  el  pleito,  buscaban  los  sena- 
dores  los  testigos."  I  quote  this  passage,  although  it  applies  particularly  to  the  judicial 
functions  of  the  council,  because  the  mode  of  proceedings  is  therein  illustrated. 
Veytia  (Lib.  Ill,  cap.  VII,  p.  207),  speaking  of  Tezcuco,  is  very  positive:  "Habia 
tambien  aboga   os  y  procuradores;  a  los  primeros  llamaban  tepantlatoani,  que  quiere 

decir  el  que  habia  por  otro "    I  need   not  recall  here  that  "tlatoani"  (plural 

"tlatoca")  was  the  title  of  the  members  of  the  council,  and  that  consequently  these 
"attorneys"  belonged  thereto.  The  same  statement  (derived  from  Veytia  also)  is 
found  in  Bustamante  ("  Tezcoco,"  Parte  II,  cap.  VII,  p.  191).  These  two  works  contain 
(in  the  chapters  indicated)  the  most  detailed  information  as  to  the  proceedings.  Still, 
there  is  evident  confusion  in  the  minds  of  these  authors  in  general:  they  fail  to  dis- 
criminate between  arbitration  and  tribal  jurisdiction.  The  bulk  of  the  other  authorities 
commit  the  same  mistake.  Compare  Zurita  (•■  Rapport,"  pp.  102-105),  whom  .Uendieta 
(Lib.  II,  cap.  XXVIII,  p.  138)  has  almost  verbally  copied.  Torquemada  (Lib,  XI,  cap. 
XXVI,  pp.  354  and  355). 

The  absolute  lack  of  division  of  powers  which  characterizes  so  well  ancient  Mexi- 
can society  is  well  established  by   Veytia  (III,  cap.  VII,  p.  206),  speaking  of  what  he 


651 

themselves  until  they  finally  agreed  upon  an  award.191  The 
same  thing  occurred  when  two  calpulli  claimed  possession  or 
enjoyment  of  the  same  piece  of  land.192  No  appeal  was  possible 
to  any  higher  authority  ;  but  eveiy  eighty  days  an  extraordinary 
gathering  took  place  at  the  "  tecpan,"  consisting  of  the  council 
and  the  executive  chieftains,  the  war-captains  of  the  four  great 
quarters,  the  "elder  brothers"  of  the  kins,  and  the  leading  medi- 
cine-men, and  any  cause  pending  before  the  "tlatocan"  might  be 
deferred  until  the  next  of  these  general  meetings  ;  and  even  in 
case  a  decision  had  been  rendered,  a  reconsideration  thereof,  on 
that  occasion,  was  sometimes  agreed  upon.193 

calls  "supremo  consejo:"  "Tratabanse  en  este  consejo  todo  genero  tie  negocios  de 
estado,  justicia,  guerra,  hacienda  etc.,  etc." 

1111  This  picture  is  mainly  based  upon  Veytia.  £"  Historia  antiyurt"  III,  cap.  VII),  and 
Bustamente  (••  Tezcoco,"  pp.  191  and  192).  The  statement  in  ihe  latter  is  only  worthy  of 
credit  because  copied  from  the  former. 

i"  Veytia  (Lib.  Ill,  cap.  VII,  p.  207).  Claviyero  (Lib.  VII.  cap.  XVI,  y.  483).  For  a 
copy  of  the  paintings  reproduced,  see  A.  de  Humboldt  ('•  Vues  des  Cordilleres,"  etc.. 
Vol.  I,  plate  V.  Ed.  8vo). 

1»3  I  affirm  this  in  the  face  of  all  the  authorities  on  the  subject,  who.  without  excep- 
tion, assert  that  there  was  an  appeal  to  the  "  king."  The  Codex  Mendoza  (plate  LXX, 
"  Declaracion  de  la  figurad<>")  is  even  very  positive:  "  V  si  era  negocio  de  calidad  del 
consejo.  havia  apelaciou  por  via  de  agravio  ante  Monteguma,  en  donde  habia  conclu- 
sion de  la  causa."  My  opinion  is  based  on  what  precedes  about  the  authority  of  the 
council,  on  what  I  expect  to  prove  in  relation  to  the  true  nature  of  the  duties  of  the 
head-chiefs  and  which  will  hereafter  follow,  and  on  the  contradictions  among  the 
authors  themselves.  Thus  the  "  Codice  Ramirez"  (p.  58)  places  the  supreme  power 
into  the  hands  of  the  councils  "sin  pareseer  de  los  quales  ninguna  cosa  se  habia  de 
hacer,"  and  (pp.  04  and  (55)  it  does  not  mention  any  power  of  appeal  whatever.  Zurita 
(pp.  100  and  101) :  •'  Les  appels  etaient  portes  devant  douze  autres  juges  superieurs  qui 
piononcaient  d'apres  l'avis  du  souverain."  It  is  queer  to  notice,  how  the  writers  of 
the  tezcucan  school,  appear  eager  to  place  the  power  of  flual  decree  or  the  decision  of 
final  appeal  in  a  "high  tribunal,"  or  rather  simply  a  supreme  council  of  their  tribe. 
Torquemada  (Lib  II,  cap.  XXXXI,  p.  116)  mentions  a  supreme  council,  '•  ;i  los  quales 
avian  de  venir  todas  las  cosas  graves,  y  criminales,  para  que  ellos,  con  el  Itei,  las 
deter minasen."  (Lib.  XI,  cap.  XXVI,  p.  851):  "Para  estos  dos  Jueces  Supremos  se 
apelaban  las  cansas  graves,  los  quales  las  admitian,  pero  no  detcrminaban,  ni  senten- 
ciaban,  sin  parecer.  y  acuerdo  de  el  Rei."  Veytia  (Lib.  Ill,  cap.  VII,  p.  199)  speaks  of 
the  establishment  of  "  tribunals  "  by  ''Fasting  wolf"  ("  Nezahualcoyotl  "  —  properly 
"  fasting  coyote  "),  and  adds:  '•  pero  concediendo  a  las  partes  el  lecurso  de  apelacion 
para  el  gran  tribunal  de  justicia  que  erigid  en  su  coite  de  Tezcueo."  This  so-called 
tribunal  was,  as  we  have  shown  at  the  close  of  note  190,  the  "  Council  of  the  tribe." 
Mendieta  (Lib.  II,  cap.  XXVIII,  p.  135)  almost  copies  Zurita.  Suh  igiin  {••Historia 
general."  etc.,  Lib.  VIII,  cap.  XXV,  p.  314) :  "  y  los  casos  muy  dificultuosos  y  graves, 
llevabanlos  al  sefior  para  que  los  sentenciase,  juntamente  con  trece  principales  muy 
calilicados,  que  con  el  andaban,  y  residian."  "Estos  tales  eran  los  mayores  jueces, 
que  ellos  llamaban  tecutlatoqtie.  ..."  In  this  case  the  learned  father  speaks  of 
tribal  jurisdiction  and  not  of  arbitration,  .still  it  is  plain  that  he  admits  the  council's 
decrees  as  final.  The  chief,  "  sefior,"  appears  only  as  member  of  this  council,  a  position 
of  which  we  shall  hereafter  speak.  Without  making  any  further  quotations  from 
similar  authorities,  I  beg  to  revert  to  those  which  place,  by  the  side  of  the  so-called 
'•King."  an  independent  '-supreme  Judge"— the  "  Cihuacohuatl,"  whose  tribunal 
7* 


652 

Aside  from  these  arbitrative  functions,  other  duties  occupied  the 
council's  time  at  its  full  meetings.  If  any  calpulli  felt  wronged 
in  the  distribution  of  the  incoming  tribute,  it  might  through  its 
delegate  or  "speaker,"194  complain  about  the  tribal  officers  an- 
swerable for  it  to  the  "•  tlatocan."  The  investiture  of  chiefs  and 
officers  of  the  kins  belonged  to  the  highest  authority  of  the  tribe 

is  positively  mentioned  as  the  final  court  of  appeals.  That  this  "  Cihuacohtiatl  " 
occupied  a  high  position,  was  already  noticed  by  Cortes  (•'  Carta  tercera,"  Vedia  I, 
p.  89),  and  subsequently,  when  he  became  still  more  prominent,  by  Tezozomoo.  But 
Torquemada  has  been  to  my  knowledge,  the  first  one  to  establish  his  position  as  indepen- 
dent supreme  Judge..  It  is  not  devoid  of  interest  to  notice  what  he  writes  about  this 
office.  ("Monorchia  Indiana,"  Lib.  XI,  cap.  XXV,  p.  352):  '•  Despues  del  Rei,  havia 
un  Presidente,  y  Juez  maior,  cuio  nombre,  por  racon  de  el  olicio,  era  Cihuacohuatl  .  . 
....  De  este  Presidente  no  se  apelaba  para  el  Rei,  ni  para  otro  Juez  alguno,  ni  podia 
tener  Teniente,  ni  substituto,  sino  que  por  su  misma  persona  havia  de  determinar,  y 
decidir  todos  los  negocios  de  su  jusgado,  y  audiencia."  He  further  adds;  "  lo  qual  no 
corria  en  este  dicho  Juez  Cihuacohuatl;  porque  tie  su  ultima  determinacion  no  habia 
recurso  a  otro."  Fray  Auguslin  de  Vetancurt  ("  Teatro  Mexicano,"  Vol.  I,  Parte  2a, 
Trat.  2°,  cap.  I,  p.  309) :  "  Despues  del  Rey  .  .  .  habia  un  virey  que  llamaban  Cihuaco- 
huatl, que  el  rey  proveia  y  era  su  segunda  persona  en  el  gobierno,  de  cuya  seutencia 
no  habia  apelacion  a  otro.  Tan  absoluta  era  la  autoridad  que  le  daba,  que  reservando 
el  rey  en  si  la  autoridad  real,  era  en  la  judicatura  igual."  These  statements  distinctly 
hint  at  the  existence  of  an  appellate  judicial  body,  of  which  this  Cihuacohuatl  was 
foreman,  and  over  which  the  so-called  "King"  had  no  control.  Clarigero  (Lib.  VII, 
cap.  XVI,  p.  481)  even  states  that  while  there  was  no  appeal  from  the  Cihuacohuatl 
whatever,  there  was  one  of  these  officers  ''at  the  court  and  the  principal  cities  of  the 
kingdom."  These  views  in  regard  to  the  "  Cihuacohuatl  "  have  been  plainly  accepted 
by  JF.  //.  Prescott  ('•  Conquest  of  Mexico,"  Vol.  I,  p.  29) :  "  There  was  no  appeal  from 
his  sentence  to  any  other  tribunal,  not  even  to  the  king,"  and  H.  II.  Bancroft  ("  Native 
Races,"  Vol.  II,  cap.  XIV,  pp.  434  and  435). 

The  confusion  is  apparent,  for  we  have  here  three  different  views  of  the  same  case. 
One  is  that  the  "head-chief"  was  the  highest  appellate  authority,  the  other  that  the 
head-chief,  with  the  council,  formed  the  court  of  last  resort,  and  the  third  that  a 
"supreme  Judge"  was  appointed  by  the  so-called  "King"  to  render  final  decisions. 
Now  we  have  already  seen  that  the  supreme  authority  was  the  council  or  "  tlatocan," 
consequently  what  is  commonly  called  the  "king"  could  not  be  the  last  resort  in 
judiciary  matters,  still  less  could  he  appoint  an  officer  for  that  purpose.  Our  proposi- 
tion appears,  therefore,  sustained,  that  there  was  no  appeal  from  the  decisions  of  the 
council  to  any  superior  authority  whatever. 

But,  finally,  it  was  possible  to  reconsider,  so  to  say,  the  cases  decided  by  the  council, 
and  for  such  the  so-called  "  Nauhpohualtlcitolli"  or  "  eighty  days-talk"  was  instituted. 
Authorities  are  almost  unanimous  on  this  point,  although  it  is  commonly  ascribed  to 
Tezcuco  alone,  and  I  refrain  from  quoting  them  in  detail,  referring  but  to  Bancroft 
("  Native  Races."  Vol.  II,  p.  439,  etc.). 

IJ4This  becomes  evident  from  the  relative  positions  of  kin  and  tribe.  As  we  shall 
hereafter  see,  the  officers  gathering  and  those  receiving  the  tribute  were  tribal  officers, 
consequently  subject  to  the  council.  It  was  to  the  council,  therefore,  that  any  complaint 
had  to  be  brought  against  them,  and  tins  could  be  done  only  through  the  '•  speaker  "  of 
a  particular  kin.  That  the  tribute  was  distributed  partly  among  the  "calpulli"  is 
indicated  by  Duran  (Cap.  IX,  p.  79):  "Tambien  dieron  a  sus  barrios  para  el  culto  de 
sus  dioses,  a  cada  barrio  una  suerte,  etc.,"  and  Tezozomoc  ("  Cronica  Mexicana,"  Cap. 
X,  p.  18) :  "  y  auuque  venian  a  darlo  a  Ytzcoatl,  era  para  todos  los  Mexicauos  en 
comun." 


653 

also.195  This  "right  to  invest  officers  and  chiefs  of  the  kins"  is 
commonly  distorted  into  a  right  to  appoint  or  at  least  to  confirm 
an  appointment  or  election,196  whereas  it  was  merely  an  act  of 
courtesy  ultimately  converted  into  an  established  custom.  But 
paramount  in  importance  was  the  preservation  of  independence 
towards  the  outside  world,  and  hence  all  relations  with  other 
tribes,  and  all  final  decisions  concerning  alliances,  declarations 
of  war  and  treaties  of  peace  were,  as  we  have  elsewhere  stated, 
in  the  hands  of  the  council.197  No  raid  or  foray  could  be  started 
unless  by  its  direction ;  and  delegates  from  foreign  or  hostile 
tribes,  though  not  always  admitted  into  the  presence  of  the 
"tlatocan,"  always  had  to  wait  until  that  bod}'  agreed  upon  and 
formulated  an  answer.198 

195  Torquemada  (Lib.  XI,  cap.  XXIX,  p.  3(H):  .  .  "elegian  Dia  de  buen  signo:  en  el 
qual  Uamaban  a  todos  los  senores,  y  principales  de  la  Republica,  y  a  todos  los  Parien- 
tes,  y  Amigos:  los  quales  acompafiaban  al  mancebo,  etc.,  etc."  (Cap.  XXX,  pp.364, 
365).  This  author  copies  from  Menditta  (Lib.  II,  cap.  XXXVIII  and  XXXIX,  pp.  156  to 
161)  who  partly  gathers  from  Zurita  ("  Rapports  pp.  25  to  29).  Gomara  (■■  Conquista," 
etc.,  Vedia  I,  p.  -135):  "  Los  senores,  los  amigos  y  parientes  que  convidados  estaban,  lo 

subian  por  las  gradas  al  altar El  dia  que  habia  de  salir  venian  todos  los 

que  primero  le  honraron,  y  luego  por  la  mafiana  le  lavaban  y  limpiaban  muy  bien,  y  le 
tornaban  al  templo  de  Camaxtle  con  nuieha  miisica,  danzas  y  regocijo.  Subianle  a 
cerca  del  altar,  etc.,  etc.  .  .  ."  Although  these  quotations  apply  mostly  to  Tlaxcala, 
the  dignity  of  "  Tecuhtli  "  was  common  among  all  the  sedentary  tribes,  and  the  customs 
of  investiture  were  also  about  identical.  Compare,  '•  Des  Ceremonies  observe'es  autrefois 
par  les  Indiens  lorsqu'ils  faisaient  un  tecle  "  ("  Pieces  relatives  a  la  conquSte  da  Mexique," 
Ternaux-Compans,  pp.  233  and  234. 

los  Zurita  {'•Rapport,'''  etc.,  p.  47) :  "  parceque  les  souverains  supreines  ue  les  elevaient 
a  ces  dignites  qu'en  recompense  des  exploits  qu'ils  avaient  fails  a  la  guerre,"  etc. 
Besides,  there  are  numerous  evidences  that  the  older  authors  all  believed  the  officers 
to  be  nominated  by  the  highest  tribal  authority.  The  distinction  was  never  made  as 
between  officers  of  the  kius  and  officers  of  the  tribe.  I  have  formerly  discussed  the 
point. 

197 " Art  of  War"  (p.  129).  In  addition  to  the  authorities  there  quoted,  and  those 
alluded  to  in  note  178  of  the  present  essay,  I  beg  to  refer  with  great  pleasure  to  a  paper 
written  by  a  learned  Peruvian,  Sr.  Jose'  Fernandez  Nodal  ("  Legislation  civile  compares 
des  Mexicains  sous  les  empereurs  Aztecs  et  des  Peruviens  a  Vepoque  des  Incas").  This 
memoir  was  presented  at  the  "Congres  international  des  Amerieauistes,"  at  Luxem- 
bourg in  1877,  but  only  a  short  summary  of  it  was  pubiished  in  the  l'Compte  Rendu" 
(Vol.  I,  pp.  235-237).  Sr.  Nodal  states  that  among  the  Mexicans'  monarchy  (?)  was 
elective  and  controlled  by  a  Council,  "Controlee  par  un  conseil  supreme."  It  is  to  be 
sincerely  regretted  that  this  interesting  paper  was  thus  neglected. 

lpa  Evidences  in  regard  to  this  latter  detail  are  numerous.  Compare  Tezozomoc 
(•'  Cr&nica"  Kingsborough,  Vol.  IX,  cap.  XCVII,  p.  172).  Durdn  (Cap.  XV,  p.  127): 
"  El  rey  Montecuma  le  respondio  con  rostro  muy  alegre  y  amoroso,  que  se  lo  agradecia 
el  amor  que  les  tenian  y  quel  era  muy  contento  de  conservar  la  paz  y  de  tener  con  ellos 
perpetua  amistad;  pero  para  questas  treguas  estuviesen  con  mas  seguridad  y  vinculo, 
quel  lo  queria  comniunicar  con  sus  grandes  senores  y  principales  y  quel  le  daria  su 
respuesta.  El  rey  de  Tezcuco  fue  aposentado  &  descansar  en  un  aposento  de  la  casa 
real,  con  mucha  oma,  y  luego  el  ley  mandd  venir  a  todos  los  de  su  consejo  y  a  los 
demas    senores   y  principales,  y  estando  presentes,    luego  los    propuso   la   platica 


654 

Such  were,  in  a  general  way,  the  higher  functions  of  the  Mexi- 
can council,  and  they  appear,  if  we  are  permitted  to  characterize 
them  to  be  only  arbitrative  and  directive.  Yet  the  members  of 
that  council  had  other  duties  of  a  purely  judicial  nature. 

No  conflict  occurred  between  its  jurisdiction  and  that  of  the 
kins.  It  was  neither  superior  nor  inferior  to  it,  but  wholly 
independent,  even  without  any  connection  with  it.  Hence  it 
extended  : 

1.  Over  the  unattached  class,  the  hangers-on  to  the  tribe,  or 
outcasts  from  the  bond  of  kinship.199 

2.  Over  all  the  people  composing  the  tribe,  irrespective  of  kin- 
ship, at  places  specially  placed  under  tribal  care,  or  reserved 
for  tribal  business,  and  therefore  neutral  ground  for  the  members 
of  all  the  calpulli.  These  neutral  localities  were  the  official 
buildings,  the  central  or  tribal  "house  of  god,"  and  especially 
the  great  "tianquiz"  or  market  places. 

The  outcasts  were,  happily  for  the  preservation  of  tribal  so- 
ciet}',  not  very  numerous.  Still,  from  their  very  origin,  the}^  were 
the  most  disorderly  part  of  the  people  and  crimes  were  certainly 
more  common  among  them  than  among  those  upon  whose  passions 
the  tie  of  kinship  and  the  obligations  resulting  therefrom  acted  like 
a  wholesome  check.  It  required  a  judiciary  power  constantly  on 
hand  to  repress  and  punish  the  misdemeanors  committed  among 
this  class. 

The  "tecpan,"  the  great  central  "teocalli"  and  the  square  on 
which  it  stood,  and  the  market,  were  regular   meeting-places  of 

siguiente,   etc "     (Cap.  LX,   p.  473):    "Montecuma,   apiadandose  dellos,  los 

niando  aposentar,  y  llamando  su  consejo,  propusoles  la  demanda  que  traian." 
Codice  Ramirez  (p.  (il) :  "  El  Key  Itzcohuatl  mosti  o  gran  contento  con  la  embajada  res- 
pondiendo  con  mny  gratas  palabras;  niando  aposentar  a  los  mensajeros,  y  honrarlos, 
y  tratar  como  a  su  p'ropia  persona,  diziendoles  que  desc.ansassen,  que  el  dia  siguiente 
Ies  daria  la  respuesta."  See  also  Torquemada  (Lib.  XIV,  cap  I,  p.  535):  "Acabada  la 
Embaxada.  si  el  Embaxador  no  era  de  mui  gran  Principe,  no  se  le  respondia  cosa, 
hast  a  otro  Dia;  salian  con  el  algunos,  acompafiandole  a  la  Calpixca,  adonde  se  proveia 
de  lo  necesario,  y  en  el  entietanto  el  Seiior  comunicaba  con  los  dc  su  Consejo  lo  que 
se  havia  de  responder,  lo  qual  liacia  uno  de  ellos,  y  no  el."  But  the  most  complete 
picture  of  such  delegations  and  the  manner  in  which  they  were  received  is  found  in 
Vetancurt  <"  Teatro  Mexicano"  Parte  11°,  Trat.  Ha,  cap.  II,  pp.  378  and  379).  It  is  too 
long  to  be  copied.  I  merely  allude  to  the  words:  "Acabada  la  embajada,  le  volvian  a 
la  posada  mientras  se  juntaban  para  la  respuesta."  It  has  been  adopted  by  Clavigero 
(Lib.  VII,  cap.  XI,  pp.  470  and  471). 

199  The  unattached  class  was  under  protection  of  no  kin;  therefore,  if  such  a 
"bonded  man  "made  his  escape  to  the  Tecpan,  he  became  liberated  from  his  bond. 
Already  mentioned  by  Gomara  C'Conquista,"  Vedia,  I,  p.  442),  and  subsequently  con- 
firmed by  others. 


655 

people  from  all  the  calpulli,  but  over  which  no  single  kin  could 
exercise  any  control.200     This  control  had  been  delegated  to  the 

-00  In  regard  to  the  "  tecpan,"  the  simple  term  "  casa  de  comnnidad,"  used  particu- 
larly by  Torquemada  (Lib.  VI,  cap.  XXIV,  p.  48.  and  again  Lib.  XIII,  cap.  XXX,  p.  477) : 
la  "Tecpan,  que  es  el  palacio."  explains  much.  It  is.  besides,  sell-evident  that  the 
tribal  places  of  business  and  of  worship  were  under  the  control  of  no  particular  kin, 
being  expressly  reserved  for  the  tribe.  There  is.  however,  no  definite  expression  as 
yet,  in  fact  it  hardly  amounts  to  a  clear  conception,  of  the  number  and  position  or 
location  of  the  original  "tianquiz"  of  Tenuchtitlan.  There  are  four  eye-witnesses  of 
the  conquest  reporting  upon  the  markets:  Cortes,  Andres  de  Tapia,  the  anonymous 
conqueror,  and  Bernal-Diez  de  Castillo.  I  quote  these  in  succession.  Cortes 
("Carta  Segunda,"  Vedia,  I,  p.  32):  "Tiene  esta  ciudad  muchas  plazas,  donde  hay 
continuos  mercados  y  trato  de  comprar  y  vender.  Tiene  otra  plaza  tan  grande  como 
do's  vezes  la  ciudad  de  Salamanca,  toda  cercada  de  portales  al  rededor,  donde  hay  coti- 
dianameute  arrilia  de  sesenta-mil  animas  comprando  y  vendiendo,  .  .  ."  "Carta  Ter- 
cera,"  (p.  71) :  "  hasta  otra  puente  que  esta  junto  a  la  plaza  de  los  principales  aposenta- 
mieutos  de  la  ciudad.''  Note  2  of  the  Archbishop  Lorenzana:  "Antes  de  llegar  a  la 
plaza  de  la  Universidad  hay  muchas  puentes,  y  naturalmente  habla  aqui  desta  plaza  6 
inereado,  que  era  inuy  grande."  Id.,  (p.  78) :  "  E  porque  este  trabajo  era  incompartable, 
acordd  de  pasar  el  real  al  cabo  de  la  calzada  que  va  a  dar  al  mercado  de  Temixtitan, 
que  es  uua  plaza  harto  mayor  que  la  de  Salamanca,  y  toda  cercada  de  portales  a  la  re- 
donda;"(Id.,  p.  79):  "  seguimos  nuestro  camino,  y  entramos  en  la  ciudad,  a  la  cual  llega- 
dos,  yo  reparti  la  gente  <lesta  manera:  hahia  ties  callcs  dende  lo  que  teniamos  ganado, 
que  iban  a  dar  al  mercado.  al  cual  los  indios  Hainan  Tianguizco,  y  a  todo  aquel  sitio 
donde  esta  Hainan  de  Tlaltelulco;  y  la  una  destas  calles  era  la  principal,  que  iba  a  dicho 
mercado,  .  .  Las  otras  dos  calles  van  dende  la  calle  de  Tacuba  a  dar  al  mercado."  Id. 
(p.  81),  after  the  repulse  of  the  Spaniards  :  •'  todoslos  espafioles  vivos  y  muertos  quetoma- 
ron  los  llevaron  al  Tlatelulco,  quees  el  mercado."  Id.  (p.  85) :  "  E  aquel  dia  acabamos  de 
ganar  toda  la  calle  de  Tacuba  y  de  adobar  los  malos  pasos  della,  en  tal  manera  que  los 
del  real  de  .Pedro  de  Albarado  se  podian  communicar  con  nosotros  por  la  ciudad,  e  por 
la  calle  principal,  que  iba  al  mercado,  se  ganar  on  otras  dos  puentes  y  se  cego  bien  el 
agua,  ..."  Id.,  •' y  seguimos  la  calle  grande,  que  iba  a  dar  al  mercado;  "(p.  8(i):  "Otro 
dia  signiente,  estando  aderezando  para  volver  a  entrar  en  la  ciudad,  a  los  nueve  horas 
del  dia  vimos  de  nuestro  real  salir  humo  de  dos  tones  muy  altas  que  estaban  en  el 
Tatelulco  6  mercado  de  la  ciudad."  Andres  de  Tapia  ("lielacion,"  etc.,  in  Col.  de  Doc, 
II,  p.  582):  mentions  only  the  "  patio  de  los  idolos."  "El  Conquistador  anonimo"  (Col. 
de  Doc,  I.  p.  392) :  "Sono  nella  citta  di  Temestitan  Messico  grandissime  et  bellissime 
piazze,  dove  si  venilono  tutte  le  cose  che  nsana  fra  loro,  et  specialmente  la  piazza  mag- 
giore  che  essi  cbiamano  el  Tatelula,  che  puo  esser  cosi  grande  como  sarebbe  tie  volte 
la  piazza  di  Salamanca,  et  seno  all'intorno  di  essa  tutti  portici ;  .  ."  (p.  391) :  "  Et  oltra 
q'uesta  gran  piazza  ve  no  sono  dell'altre  et  mercati  in  che  si  vendono  cose  da  mangiare 
in  diverse  parti  della  citta."  ISemal  Diez  de  Castillo  ("Historia  verdadera,''  Vedia, -II, 
cap.  XCII,  p.  89) :  "y  cuando  llegamos  a  la  gran  plaza,  que  se  dice  el  Tatelulco,  como  no 
habiamos  visto  tal  cosa,  quedamos  admirados  de  la  multitud  de  gente  y  mercaderias 
que  en  ella  habia,  .  ."  He  also  states  that  the  "  gran  plaza  "  was  "cercado  de  portales." 
(Cap.  CLII,  p.  183) :  "  que  si  nos  parecia  que  fuesemos  cntrando  de  golpe  en  la  ciudad 
hasta  entrar  y  llegar  al  Tlatelulco,  que  es  la  plaza  mayor  Mejico,  que  es  muy  ancha, 
.  .  ."  (Cap.  CLV,  p.  193):  "  que  les  entrasemos  todo  cuanto  pudiesemos  hasta  llegalles 
al  Tlatelulco.  que  es  la  plaza  mayor,  adonde  estaban  sus  altos  cues  y  adoratorios." 
We  notice  at  once  a  contradiction.  Cortes  first  mentions  a  market  of  Tenuchtitlan, 
and  afterward  he  calls  it  of  Tlatelulco.  Archbishop  Lorenzana  identifies  it  with  the 
"plaza  de  la  Universidad,"  or  in  the  neighborhood  of  the  Cathedral.  See  Cervantes- 
Salazar  (••  Tres  Dialogos,"  p.  9):  "en  la  esquina  de  las  calles  del  Arzobispado  y 
Seminario." 

There  were  two  great  market-places  in  ancient  Mexico,  one  of  which  was  in  Tenuch- 
titlan, and  the  other  in  the  conquered  neighboring  pueblo  of  Tlatelulco.    This  is  very 


656 

"  tlatocan"  as  a  conseqnence  of  the  formation  of  the  tribe.  Crimes 
committed  at  such  localities  were  punished  with  unusual  severity, 
because  they  were  offences  desecrating  neutral  ground  which  was 

plainly  stated  by  Torquemada  (Lib.  XIV,  cap.  XIII,  p.  555),  and  it  would  even  appear 
as  if,  notwithstanding  the  importance,  attached  to  Tlatelulco  by  many  authors,  that  the 
principal  market  was  the  one  mentioned  by  this  author  as  "  el  que  esta  en  la  Poblacion 
de  San  Juan  .  .  .  ,"  and  consequently  the  proper  "tianquiz"  of  the  Mexican  tribe. 
This  could  only  be  neutral  ground,  over  which  no  single  kin  exercised  any  authority. 
It  may  have  been  difl'erent  in  regard  to  the  "tianquiz"  of  Tlatelulco;  at  least  the 
following  indications  of  Durdn  (Cap.  XXXIV,  p.  270)  deserve  full  attention:  '•  Fecho 
esto  mando  el  rey  que  aquella  placa  y  mercado  que  ellos  ganaron,  pnes  los  tlatelulcas 
no  tenian  mas  tierra,  que  fuese  repartido  entre  los  senores  y  que  la  parte  que  a  cada 
uno  cupiese,  que  de  todos  los  tlatelulcas  que  alii  hiciesen   asiento,  de  todo  lo  que 
vendiesen  les  diesen  alcauala,  de  cinco  uno,  y  asi  se  repartio  la  placa  entre  todos,  de 
donde  cada  uno  oabraua  alcauala  de  lo  que  en  el  lugar  que  le  auia  cauido  se  vendia." 
The  above  is  not  quite  definite  enough,  because  the  "  plaza  y  mercado  "  of  which  the 
friar  speaks,  is  evidently  the  one  mentioned  by  him  (p.  260):  "y  encerrandoles  en  la 
placa  de  su  mercado,  haciendose  los  tlatelulcas  fuertes,  no  dexanan  entrar  a  la  plaga 
nenguno  de  los   Mexicanos  en  ella,"  whereas  he  says  (p.  270):  "que  alii  hiciesen 
asiento,"  as  if  the  place  was  built  over.    The  fact  that  the  "tianquiz"  of  Tlatelulco 
was  "distributed  among  the  Mexicans"  is  further  asserted  by  Tezozomoc  ("  Cronica 
Mexicana,"  Cap.  XLVI,  p.  75.  Kingsborough,  Vol.  9):  "Axayaca  mando  tambien  se 
hiciese  repartimiento  del  tianquiz  de  Tlatilolco  a  los  Mexicanos,  y  comenzaron  amcdir 
primera  suerte  Axayaca.  lnego  aZihuacoatl  Tlacaeleltzin,  luego  par  su  orden  Tlacoch- 
calcatl,  y  a  todos  los  capitanes,  que  fue  tenido  el  tianquiz  en  mas  de  si  ganaran  cien 
pueblos  "    It  would  therefore  appear,  if  we  interpret  this  "  distribution"  as  it  should 
be  done,  namely  :  as  a  division  of  spoils  among  the  kins,  that  the  latter  claimed  a  share 
of  tribute  from  the  traffic  or  barter  going  on  in  the  "tianquiz"  of  Tlatelulco,  a  fact 
corroborated  besides  bv  that  other  statement  of  Durdn  (p.  269):  "El  rey  le  mando, 
que  pues  auian  sido  traidores  a  su  corona  real,  que  de  alii  adelante  queria  y  era  su 
voluntad  que  aquella  parcialidad  Mexicana  del    tlatelulco  le  fuesen    tributaries  y 
pecheros  como  las  demas  ciudades  y  provincias,  .  .  ."    This,  and  the  uncertainty  as  to 
which  tianquiz  is  always  meant,  favors  the  assumption  that   Gomara  ("  Conquista," 
p.  349,  Vedial)  mentions  Tlatelulco  when  he  says:  "Los  que  venden  pagan  algo  del 
asiento  al  lley,  6  por  alcabala  6  porque  los  guarden  de  ladrones."     Cortes  ("  Carta 
Segunda,"  pp.  32,  33  and  34)  does  not  mention  it,  for  the  words  :  "  donde  estan  personas 
por  guardas  y  que  reciben  certum  quid  de  cada  cosa  que  entra"  do  not  apply  to  the 
market  which  he  describes  as  having  visited  and  which,  in  spite  of  Bernal-Diez  ("  Hist. 
Ver-dadera,"  Cap.  XCII,  p.  89)  I  still  believe  to  have  been  that  of  Tenuchtitlan,  and  not 
that  of  Tlatelulco.    Cortes  is  strictly  followed   by  Oviedo  (Lib.  XXXIII,  cap.  X,  pp. 
300  and  301)  whereas  Herrera  (Dec.  II,  lib.  VII,  cap.  XVI,  p.  195)  copies  Gomara. 

I  have  dwelt  thus  long  on  this  question  because  it  disposes  of  the  notion  that  the 
"  government  "  of  Mexico  levied  a  tax  on  the  traffic  of  the  members  o'f  the  tribe.  This 
tax  limits  itself  to  a  tribute  paid  by  the  subjected  tribe  of  Tlatelulco  alone,  because, 
as  Durdn  says  (p.  270)  "  they  had  no  more  soil  than  that  of  their  tianquiz."  This  tax 
was  distributed  among  the  kins,  like  any  other  tribute.  But  it  does  not  follow  that 
therefore  the  kins  exercised  judicial  power  over  the  Tlatelulcan  market.  This  power 
either  remained  with  the  Tlatelulcan  tribe,  or  devolved  upon  the  officers  of  the  tribe  of 
Tenuchtitlan.  The  former  is  more  likely,  although  the  latter  might  also  have  been  the 
case  since  the  Tlateluleans  were  treated  with  great  severity,  as  traitors  and  outcasts 
(Dzn-dn,  Cap.  XXXI V,  pp.  269-271).  in  which  case  the  tribal  authorities  would  have  had 
to  punish  them. 

That  the  central  or  tribal  "  teocalli"  and  the  courts  surrounding  it  were  committed 
to  the  care  of  the  tribe,  as  representing  all  the  kins,  on  equal  terms,  in  the  share  which 
each  had  in  it,  is  self-evident,  and  needs  no  further  proof. 


657 

then  respected  as  open  to  nse  for  all  the  kins  in  common.201 
So  many  people  met  there  daily,  that  the  daily  exercise,  at  least 
the  presence,  of  judicial   authority  was    absolutely    necessary.202 

201  Las  Casas  ("  Historia  apalogetica,"  Cap.  214,  in  note  XLV  of  Lord  Kingsborough, 
Vol.  VIII,  p.  124) :  "  pero  cuando  refiian  en  los  mercados,  como  a  escandalosos  y  alboro- 
tadores  del  pueblo  eran  muy  gravemente  eastigados."  Sahagun  (Lib.  VIII,  cap. 
XXXVI.  p.  325)  says  even  of  those  who  disposed  of  stolen  articles:  "the  Judges  and 
chiefs  took  them  and  sentenced  them  to  death."  Torquemada  (Lib.  XII,  cap.  V,  p.  381) : 
'•  El  que  hurtaba  en  la  Plaga  6  Mercado,  que  Hainan  Tianquizco,  luego  all!  era  muerto  a 
palos,  por  tener  por  muy  grave  culpa,  que  en  semejante  lugar,  y  tan  publico,  huviese 
tan  to  atrevimiento."  Clavigero  (Lib.  VII.  cap.  XVII.  p.  481):  "  He  who  ehanged  the 
measures  establisheil  by  the  government,  in  open  market,  was  executed  on  the  spot," 
and  (p.  187):  "  He  who  stole  in  the  market,  was  at  once  beaten  to  death."  Mendieta 
(Lib.  II,  cap.  XXIX,  p.  138):  "  Porque  tenian  por  grave  el  pecado  cometido  en  la  plaza 
6  mercado." 

202We  have  again  here  the  eye-witnesses.  Cortes  ("Carta  Segunda."  Vedia,  I,  p.  32) : 
"  Hay  en  esta  gran  plaza  una  muy  buena  casa  como  de  andiencia.  donde  estan  siempre 
sentados  diez  6  doce  personas,  que  son  jueces  y  libran  todos  los  casos  y  cosas  que  en 
el  dicho  mercado  acaecen,  y  mandan  castigar  los  delinquentes.  Hay  en  la  dicha  plaza 
otras  personas  que  andan  continuo  entre  la  gente  mirando  lo  que  se  vende  y  las  medi- 
das  con  que  miden  lo  que  venden,  y  se  lia  visto  quebrar  alguna  que  estaba  falsa." 
Jlernal  Diez  de  Castillo  (Cap.  XCII.  p.  89):  Vedia,  II,  "y  tenian  alii  sus  casas,  donde 
juzgaban  tres  jueces  y  otros  como  alguaciles  ejecutores  que  miraban  las  mercaderias." 
These  two  statements,  with  more  or  less  variation,  are  at  the  base  of  all  that  has 
been  subsequently  said  on  this  subject,  except  by  Sahagun  (Lib.  VIII,  cap.  XXXVI, 
p.  323):  "El  sefior  tambien  cuidaba  del  tianguiz  y  de  todas  las  cosas  que  en  el  se 
vendian  por  amor  de  la  gente  popular,  y  de  toda  la  gente  forastera  que  alii  venia, 
para  que  nadie  los  hiciese  fraude,  ni  sin  razon  en  el  comercio  de  la  feria.  Por  esta 
causa  ponian  por  orden  todas  las  cosas,  que  se  vendian  cada  una  en  su  lugar,  y  elegian 
por  la  misma  oficiales  que  se  llamaban  tianquizpantlayacaque,  los  cuales  tenian  cargo 
del  mercado,  y  todas  las  cosas  que  alii  se  vendian  de  cada  genero  de  mantenimientos 
d  mercaderias;  tenia  uno  de  estos  cargo  para  poner  los  precios  de  las  cosas  que  se  ven- 
dian y  para  que  no  huvrise  fraude  entre  los  compradnres  y  vendedores."  "Tianquiz- 
pantlayacaque" decomposes  into  "Tianquizpan,"  "feriar,  o  tratar  en  mercado,"  Molina 
(II,  p.  Hi),  and  " Tlayaeatia,"  "cosa  primera  o  delantera"  (Id.,  p.  120);  consequently, 
•'  the  foremost  or  first  ones  of  those  who  trade  in  open  market."  We  have  to  discrimi- 
nate therefore  between  these  and  such  officers  as  "sat"  ("estan  siempre  sentados," 
says  Cortes)  within  that  "  very  good  bouse  "  in  the  market,  or  rather  close  by,  and  acted 
as  Judges.  Herrera  (Dec.  II.  Lib.  VII,  cap.  XVI,  p.  195)  says  this  house  was  "cerca 
del  Mercado"— a  statement  which  he  afterwards  changes  to  "en  la  plaza  de  Mexico" 
(Dec.  HI,  Lib.  IV,  cap.  XVII,  p.  137).  We  are  now  informed  by  Torquemada  (Lib.  XIV, 
cap.  XIII,  p.  555)  that  the  tecpan  of  Tlatelulco  "que  son  las  Casas  de  Cabildo,  y  Au- 
diencia"  was,  at  his  time,  on  one  of  the  fides  ("aceia")  of  th«  market  of  Tlatelulco, 
and  it  appears  to  have  been  customary  for  the  natives  to  have  the  official  building 
facing  the  "  tianquiz."  Such  was  the  case  at  Tezcuco  if  we  are  to  believe  Jxtlilxochitl 
("•  Hist,  des  Chichi mSqties,"  Cap.  XXXVI,  p.  247) :  "  Le  palais  avait  deux  coins,  dont  la 
premiere,  qui  etait  la  plus  grande,  servait  de  place  publique  et  de  marche ;  elle  est  meme 
encore  aujourd'hui  destinee  a  cet  usage;"  and  if  the  market  of  Tenuchtitlan  really 
was  where  Archbishop  Lorenzana  places  it  (see  note  200),  then  it  is  evident  that  the 
Mexican  tecpan  must  have  been  very  near  it,  if  not  actually  facing  the  square.  The 
"  great  house"  mentioned  by  the  eye-witnesses  quoted,  was  therefore,  in  all  probability, 
but  the  council  or  official-house  of  the  tribe,  and  the  old  men  who,  in  number  from 
three  to  twelve,  are  said  to  have  officiated  as  "Judges,"  were  members  of  the 
"  tlatocan  "  or  supreme  council  on  judicial  duty,  as  we  shall  hereafter  see.  Those 
officers  who  circulated  among  the  people  maintaining  peace  and  order,  were  executive 


658 

It  therefore  demanded  the  daily  attendance  at  the  official  house 
of  the  tribe  of  a  body  of  men  sitting  as  "judges."  The  decisions 
of  these  judges  had  to  be  final  even  in  matters  of  life  and  death. 
Therefore  the  chiefs  composing  the  highest  authority  of  the  tribe, 
the  members  of  the  council  or  -'tlatoca,"  were  also  its  supreme 
judges.  It  is  stated  that  for  this  daily  work  the  twenty  kt  speakers " 
were  subdivided  into  two  bodies  sitting  simultaneously  in  two  dif- 
ferent halls  of  the  "  tecpan."  One  of  these  bodies  is  called  "  court 
of  the  nobles"  because  it  attended,  not  merely  to  tribal  cases,  but 
especially  to  the  preparatory  business  of  government  in  general, 
whereas  the  other  limited  its  decrees  to  judicial  questions  only.203 

officers  delegated  for  that  special  purpose,  and,  as  we  shall  find,  probably  under  orders 
of  the  military  commanders  of  the  tribe. 

203  This  division  of  the  council  into  two  bodies  for  the  purpose  of  greater  dispatch 
of  judicial  work  is  particularly  affirmed  by  Sahagun  (Lib  VIII,  cap.  XIV,  p.  303,  Cap. 
XV,  p.  304,  and  Cap.  XXV,  pp.  313  and  314),"whO,  however,  contradicts  himself  in  regard 
to  the  position  and  rank  of  his  "Judges."  Thus  (p.  303;  he  calls  Ins  officers  of  the 
"sala  de  la  jndicatura,"  '-el  rey,  los  senores,  consules,  oidores,  principales  nobles" 
as  distinguished  from  those  of  the  "audiencia  delacansas  civiles,"  whom  he  designates 
as  "los  senadores  y  los  ancianos,"  thus  intimating,  if  not  asserting,  that  the  former 
were  superior  to  the  latter  in  rank  and  power.  The  hall  wherein  the  former  met,  is 
called  "  tlacxitlan,"  the  latter  "  teccalli."  I  shall  return  to  these  terms  again.  He 
further  asserts  (p.  311),  speaking  of  the  former:  "  Estos  tales  eran  los  mayores  jueces, 
que  ellos  llamaban  tecutlatoques."  and  establishes  them  as  a  court  of  appeal  for  the 
lower  court.  Now  (Cap.  XXX.  p. 318)  he  says:  "juntabanse  los  senadores  qne  llamaban 
tecutlatoques  .  .  ."  Consequently,  he  tacitly  admits  that  the  "senadores"  who,  ac- 
cording to  him,  composed  the  "lower"  court  were  also  the  equals  of  those  of  the  higher, 
and  all  belonged  to  the  same  class  of  officers.  Finally,  his  picture  of  the  duties  of  both 
bodies  is  rather  obscure.  He  even  (p.  314)  might  be  construed  so  as  to  estanlish  three 
courts.  If  we  now  examine  the  names  given  by  him,  we  find  that  of  the  "  lower"  to  be 
"house  of  chiefs,"  (mm  "tecuhtli"  and  "  calli."  house.  Indeed,  Molina  (II,  p.  M) 
lias  "teccalli,"  "casa.  o  audiencia  real."  "Tlacxitlan,"  however,  signifies  (II,  p. 
120)  "  en  lo  baxo,  o  al  pie  de  los  arboles,  o  de  cosa  semejante."  The  proper  derivation, 
however,  is  from  "  ni  tlacxitoca"  "to  correct  writings,  or  count  over  what  has  been 
already  counted"  (p.  120).  which  would  indeed  correspond  to  a  "court  of  appeals." 
"To  appeal"  is  "  nitlaeuepa ;  "  "appeal."  "  tlacuepaliztli ;  occeccan  neteihuiliztli," 
Molina  (I.  p.  12).  It  stands  properly  for  the  act  of  demurring,  or  of  returning,  folding, 
doubling  up.  and  it  is  not  likely  to  have  been  used  by  the  natives  to  define  an  appeal 
in  our  sense  of  the  word.  Father  Sahagun  has  probably  introduced  the  word  "  tlacx- 
itlan" himself.  At  all  events,  he  is  responsible  for  the  notion  of  a  superior  body  of 
judges,  to  whom  a  lower  court,  sitting  in  the  same  house,  referred  all  cases  of  impor- 
tance, contenting  itself  with  taking  testimony  and  despatching  unimportant  cases  ; 
while  at  the  same  time  he  tells  us  that  the  members  of  both  groups  held  the  same  office, 
and  were  consequently  equal  and  had  the  same  title.  This  title  we  have  found  to  be 
that  of  the  members  of  the  council,  consequently  the  two  groups  formed  but  fractions 
of  that  body,  co-ordinated  and  assisting  each  other,  and  not  a  higher  and  a  lower 
branch  of  a  tribal  judiciary. 

Father  Sahagun  and  contemporary  authors  of  the  Franciscan  school,  whose  writings 
have  just  now  come  to  li^ht  in  the  "  Librode  Oro,"  can  easily  be  traced  as  the  source  of* 
most  of  the  later  pictures  of  Mexican  judicial  customs  as  in  the  present  instance.  Thus 
his  highest  tribunal  of  thirteen  "senadores"  reappears  in  Gomara("  Conquista,"  p.  442, 

Kkpokt  Peabody  Museum,  II.  42 


659 

We  thus  have  found  in  the  "tlatocan"  or  council,  the  high 
directive  authority  of  the  tribe,  the  arbitrator  between  its  organic 
component  parts,  avid  the  chief  judicial  power  within  the  tribe. 
It  is  easy  to  recognize  in  it  a  counterpart  to  the  council  of  the  kin. 

Like  the  kin  also  which,  subordinate  to  its  councils  decrees  had 
two  superior  officers  for  the  execution  thereof,  the  tribe  had  two 
chief  executive  functionaries. 

Even  at  a  comparatively  remote  period  in  the  history  of  the 
ancient  Mexicans  we  may  discern  two  offices,  not  formally  created, 
but  naturally  growing  from  what  was  left  of  tribal  organization, 
which  mark  the  beginning  of  a  chief  tribal  executive.  One  of 
these  is  the  "  wise  old  man"  conducting  the  "talk;"-04  the  other 
is  the  "bis;  warrior"  who  led  the  braves  to  battle.205  The 
former  subsequent^  became  "foreman"  in  the  council,  the  latter 
"  war-chief"  to  the  tribe.  There  are  indications  to  the  effect  that, 
for  a  while,  both  offices  were  held  by  one  person.  From  the  time 
the  confederacy  had  been  formed,  however,  we  recognize  two  chief 
executive  agents,  206  one  of  which  is  called  the  "Snake-woman" 

Vedia  I):  "  l,os  Jueces  eran  doce  .  .  ."  with  a  higher  court  of  two;  therefore,  in  all 
fourteen,  equal  to  the  thirteen  of  Sahagun  with  the  "  Senor  "  added.  Zurita  ("  Rapport," 
etc.,  pp.  100  and  105):  "Les  donze  juges  d'appcl  .  .  ."  Mendieta  (Lib.  IT,  cap.  XXVIII, 
p.  135)  copies  Zurita  almost  literally.  By  the  side  of  this  early  Franciscan  group 
of  writers,  there  is  the  picture  drawn  by  the  two  great  Franciscans,  Torqnemada  and 
Vetancurt,  representing  a  supreme  Judge,  •'  Cihuacohuatl,"  and  four  tribunals  beneath 
him  in  authority.  This  picture  is  evidently  based  on  such  paintings  as  the  "  Codex 
Mendoza"  fixates  LXIX  and  LXX).  In  my  opinion  the  thirteen  Judges  of  Sahagun 
should  be  connected  witli  the  judicial  offices  mentioned  by  Cortes  as  sitting  at  the 
"  tecpan  "  (see  note  202),  rather  thin  regarded  as  constituting  a  court  of  appeals. 

Finally,  I  refer  to  Ixtlilxochitl  ("  Hist,  des  <  'hichimques."  Cap.  XXXVI  and  XXXVII), 
Veytia  (Lib.  Ill,  cap.  VII,  pp.  199  and  20(1)  and  others,  in  regard  to  Tezcuco.  While 
they  distinctly  prove  the  subdivision,  for  judicial  work,  of  the  supreme  council  into 
two  sections,  they  also  show  in  a  very  marked  manner,  the  confusion  and  contradiction 
arising  from  a  misconception  of  the  real  case. 

204  Perhaps  the  earliest  mention  of  such  a  "  wise  old  man,"  foremost  in  the  "  talk," 
among  the  Mexicans  proper,  is  that  of  the  tale  of  the  crafty  old  men,  Huitziton  and 
Tecpatzin,  who  are  said  to  have  persuaded  the  Mexicans  to  emigrate  from  Aztlan,  as 
related  by  Torquemada,  who  is  often  copied  (Lib.  II,  cap  I,  p.  78).  In  early  times  they 
are  also  called  Captains  and  leaders,  and  must  not  be  confounded  with  the  "  medicine- 
men "  (Id.,  p.  78).  Subsequently  these  latter  sometimes  appear  as  leading  speakers. 
Much  information  can  be  gathered  on   this  point   by  carefully  and  critically  reading 

Veytia  (Lib.  II.  cap.  XII.  XIII,  XV  and  XVIII),  Codice  Ramirez  (pp.  25  to  38),  Durun 
(Cap.  IV,  V  and  VI),  Tezozomoc{Ci\\).\,  II  and  III). 

205  Torquemada  (Lib.  II,  cap.  II,  pp.  80  and  SI).  Vetancurt  ("  Teatro  Mexicano," 
Parte  Ila,  Trat.  I,  cap.  IX,  pp.  260,  201  and  262).  They  merely  show  that  the  office 
of  "  big  warrior,"  existed. 

206  This  apportionment  of  the  duties  of  chief-executive  among  two  heads  is  found  in 
many  tribes  of  Mexico  and  Central  America.  Thus  in  Tlaxcallan,  Maxiscatzin  and 
Xicotencatl,  the  two  head-chiefs,  were  alike  and  equal  in  power.  {Cortes,  "  Carta 
Segunda"  (pp.  18,  4(5).  Bernal  Diez  de  Castillo  (Cap.  LXVTI,  p.  CO) :  "  los  dos  mas  prin- 


660 

("Cihua-cohuatl,")  and  the  other  (erroneously  termed  "King"), 
the  "chief  of  men"  ("  Tlaca-tecuhtli"). 

The  "  Cihua-cohuatl  "  was  elected  by  the  council  for  life,  or 

cipales  caciques."  "Anonymous  Conqueror"  (p.  388):  "  anchora  fche  in  certo  modo  si 
habbia  rispctto  a  imo  che  e'el  maggior  Signore,  che  tiene  teneva  nn  Capitano  gen- 
erale  per  la  guerra."  Motolinia,  •'  Hist  de  los  Indios,"  etc.  (Trat.  III.  cap.  XVI,  pp.  229 
and 230).  Oviedo  (Lib.  XXXIII.  cap.  Ill,  p.  272)  copies  Cortes.  Gomara  (p.  332).  Torque- 
mada  (Lib.  XI,  cap.  XXII,  p.  347)  says  four,  of  which  Maxiscalzin  was  captain ;  though 
this  is  contradicted  by  the  conquerors.  Xicotencatl  being  war-chief.  Hen-era  (Dec.  II, 
lib.  VI,  cap.  X,  p.  152)  reports  the  speech  of  Xicotencatl :  "  que  bien  debia  de  saber,  que 
era  Xicotencatl  Capitan  General  de  la  Republica  de  Tlaxcala,"  and  especially  his  in- 
teresting tale  of  the  Tlaxcaltecan  council  in  Cap.  Ill,  pp.  139  and  140.  Tezozomoc 
(Cap.  LXXXVI.  p.  150) :  "  el  rey  Xicotencatl,"  (Cap.  LXXXVII,  p.  152) :  "  el  rey  Maxiscat- 
zin."  About  Chalco,  compare  "  Tenure  of  Lands"  (p.  397,  note  10),  also  about  Xochi- 
milco  and  the  Tecpanecas.  In  regard  to  the  Matlatzinca,  Zurita  (•'  Rapport,''  etc.,  p. 
389)  says  there  were  three  chiefs,  who  occupied  the  highest  power  in  succession.  This 
statement  is  copied  by  Herrera  (Dec.  Ill,  lib  IV,  cap  XVIII,  p.  139).  The  Totonacas 
had  two  chiefs.  Durdn  (Cap.  XXI,  p.  181.  Cap.  XXIV,  p.  206).  The  "Cazonzi"  of 
Michuacan  is  represented  by  Herrera  (Dec.  III.  lib.  Ill,  cap.  V,  p.  86,  VI,  p.  87)  as 
being  assisted  by  "his  captain-general,"  and  the  anonymous  document  copied  by 
Don  Florencio  Janerivoxa  the  Codex  C-lV-5  of  the  Escurial  Library  and  published, 
without  date,  though  evidently  written  between  1534  ami  1551,  entitled  ''  R elation  de 
las  eeremonias  y  ritos,  poblacion  ygobiernode  los  indios  de  la  provincia  de  Mechuacan, 
hecha  id  I IV mo  Sr.  D.  Antonio  de  Mendoza,  Virey  y  Goberuador  de  Nveva  Espana  " 
says  ("Primera  Parte,"  p.  13) :  "  pues  habia  un  rey  y  tenia  su  gobernador,  y  un  capitan 
general  en  las  guerras,  y  componiase  como  el  mismo  cazonci."  This  is  very  sig- 
nificant, especially  because  it  is  represented  as  being  instituted  by  divine  will. 
"Dicho  sea  en  la  primera  parte,  hablando  de  la  historia  del  dios  Curicaberis,  como  los 
dioses  del  cielo  le  dijeron  como  habia  de  ser  rey,  y  que  habia  de  conquistar  toda  la 
tierra,  y  que  habia  de  haber  uno  que  estuviese  en  su  lugar,  que  entendiese  en  mandar 
traer  leiia  para  los  ques."  The  evidence  is  positive  about  the  QQuiche  of  Guatemala> 
and  furthermore  very  interesting.  Zurita  ('•  Rapport,"  etc.,  pp.  405  and  400)  mentions 
three  chiefs,  in  a  manner  exactly  similar  to  those  of  Matlatzinco,  and  Herrera  (Dec. 
Ill,  lib.  IV,  cap.  XVIII,  p.  140)  follows  him  implicitly.  Torquemada  (Lib.  XI,  cap. 
XVIII,  pp.338  and  339)  is  of  the  same  opinion,  although  it  is  easy  to  see  that  in  fact  there 
were  tiro  head-chiefs  and  not  three,  since  he  says:  "Era  el  primero  de  todos  el  Rey 
actual;  es  a  saber,  el  Abuelo :  luego  el  Rey  electo  para  despues  de  sus  Dias;  tras  el, 
el  que  tenia  nombre  de  Electo,  etc."  Consequently  there  were  always  two  with  the 
principal  title.  Pedro  de  Alvarado  {"Relation  a  Hernando  Cortes"  Utlatlan,  11  of 
April,  1524,  Vedia  I,  p.  458)  speaks  of  "cuatro  senores  de  la  ciudad  de  Vilatan."  An- 
other eye-witness  of  the  conquest  of  Guatemala,  Bemal  Diez  de  Castillo  (Cap.  CLXIV, 
p.  220)  speaks  of  "  dos  capitanes  senores  de  Utatlan."  We  have  fortunately,  in  regard 
to  the  tribes  of  QQuiche  language,  a  very  positive  source  of  great  value.  This  is  the 
"  Popol-Vuh"  (p.  339).  Enumerating  the  "  Nim-Ha  Chi  Cavikib,"  it  specifies  from  the 
fourth  generation  on  ("  U.  cah.  le"),  always  two  chiefs,  stating  positively:  "  Oxib- 
Quieh,  BelehebTzi,  u  cablahu-le  ahauab.  Are-cut  que  ahauaric  ta  x-ul  Donadiu,  x-e 
hitzaxic  rumal  Caxtilan  vinak"(  p.  338).  Consequently  Alvarado  executed  two  chiefs. 
Besides  (p.  340),  it  even  mentions  their  last  successors,  with  Spanish  names.  At  the 
close  three  "great-elected  ones"  ("  Nim-Chocoh  ")  are  mentioned,  but  only  two  are 
named,  the  one  from  "  Nihaib  "  and  the  other  from  "Ahau-QQuiche."  We  find  here  the 
exact  counterpart  of  the  Mexicans,  before  their  fight  with  Tlatelulco,—  two  chiefs  of 
Mexico,  and  two  chiefs  of  Tlatelulco,  Moquihuix  and  Teconal.  See  the  authors  on  that 
subject.  In  regard  to  the  Maya  of  Yucatan,  see  Lizana  ("  Devocionario  de  Nuestra 
SeTwra  de  Itzmal"  §IV),  also  Villagutierre  y  Sotomayor  (•'  Historia  de  la  Conquista  y 
Reducciones  de  los  Itzaex  y  Lacandones,"  Lib.  VIII,  cap.  XVI,  p.  514) 


661 

during  good  behavior.207  We  find  in  the  Codex  Mendoza  —  the 
earliest  date  connected  with  the  office  —  the  symbol  of  "  snake- 
woman"  affixed  to  the  head  of  "Handful  of  Reeds,"  who  was 
inaugurated  "chief  of  men"  in  1375. 208  The  inference  may  be 
permitted,  therefore,  that  at  one  time  both  offices  were  held  by 
one  and  the  same  incumbent.  At  all  events,  the  "Cihuacohuatl" 
becomes  prominent  only  after  the  formation  of  the  tri-partite  con- 
federacy embracing  the  Nahuatl  tribes  of  Mexico,  Tezcuco,  and 
Tlacopan.209     But  the  position  which  he  occupies  thereafter  is  a 

207  Most  of  the  older  authors  assert  that  the  "  Cihuacohuatl"  was  appointed  by  the 
"King;."  How  was  it  possible  for  an  officer  to  appoint  his  own  equal,  or  associate 
officer?  Torquemada  (Lib.  XI,  cap.  XXV,  p.  352),  says:  "Despues  del  Rei,  havia  mi 
Presidente,  yjuez  mayor,  cnio  nombre,  por  racon  de  el  oflcio,  era  Cihuacohuatl:  esto 
oflcio  se  proveia  por  el  mismo  Rei ;  "  and  again  he  concedes  to  the  Cihuacohuatl  ■'  porque 

de  su  ultima  determinacion  no  havia  recurso  a  otio aqui  parece  lo  mismo 

que  reservando  el  Rei  Mexicano  para  si,  la  autoiidad  Real,  le  hace  su  ignal  en  la  judi- 
catura ;  y  an.ule,  que  parte  de  sus  Determinaciones,  y  Sentencias,  no  tengan  recurso  al 
Rei,  que  es  condicion,  y  calidad,  que  engrandece  mas  la  Persona  de  el  Cihuacohuatl." 
Now,  either  the  Mexicans  were  under  a  constitutional  monarchy  of  the  most  improved 
kind. —  of  which  there  is  no  evidence  since  there  was  not  even  a  division  of  powers, —  or 
else  the  Cihuacohuatl  was  not  appointed,  but  elected  in  true  democratic  fashion.  Vetan- 
ctu-t  (Parte  II,  Trat.  II,  cap.  I,  p.  3(i'J)  is  still  plainer;  "  Tan  absoluta  era  la  autoiidad 
que  le  daba.  que  reservando  el  rey  en  si  la  autoridad  real,  era  en  la  judicatura  ignal." 
Such  an  officer  could  only  be  appointed  (if  he  was  appointed  and  not  elected),  by  the 
highei-t  authority  of  the  tribe,  which  was  the  council.  Such  is  the  version  of  Tezozomoc 
('•  Cronica"  Cap.  LXXIX,  p.  137) :  "  y  acabado  de  celebrar  su  entierro  y  quemazon  de 
su  cuerpo,  que  lo  sintio  mucho  el  rey  Ahuitzotl, pwsiercm  en  su  lugar  su  hijoTlilpotonqui, 
Zihuacohuatl  por  sobrenombre."  Codice  Ramirez  (p.  67) :  "  Antes  que  fuesse  coronado 
recien  electo  adolescio  el  famoso  y  sabio  capitan  Tlacaellel,  de  la  qnal  enfermedad 
murio;  en  el  articulo  de  su  muerte  llamo  al  Rey  electo  y  le  encargo  mucho  a  sus  hijos, 
especialmente  al  mayor,  que  daba  muestras  de  ser  mny  valeroso,  y  habia  hecho  grandes 
hazanas  en  las  guerras.  El  nuevo  Rey  por  consolarle  despues  de  haberle  hablado  nuiy 
tiernamente  con  muchas  lagrimas,  hizo  llamar  a  los  de  su  consejo  real  y  rodeados 
todos  del  lecho  de  Tlacaellel  mando  llamar  el  Rey  al  hijo  mayor  de  Tlacaellel.  y  alii  en 
presencia  de  su  padre  y  de  su  consejo,  le  dio  el  mismo  oflcio  de  su  padre,  de  capitan 
general  y  segundo  de  su  corte  con  todas  las  preeminencias  que  sn  padre  tenia."  Even 
if  there  had  been  such  an  officer  as  a  "  King  of  Mexico  "  he  could  not  have  "  appointed  " 
anybody  before  his  coronation.  The  ceremony  indicated  was  therefore  an  election  by 
the  council.  This  is  fully  confirmed  by  Durdn  (Cap.  XLVIII,  p.  381):  "llamando  al 
hijo  mayor,  con  parecer  de  todos  los  grandes,  lo  puso  en  la  misma  dinidad  que  el  padre 
auia  tenido,  que  era  ser  segundo  despues  del  Rey  en  la  corte,  y  mando  fuese  honrado 
con  la  mesma  veneracion  que  su  padre  auia  sido  jurandoles  todos  por  priucipe  de 
Mexico,  al  qnal  le  fue  puesto  el  nombre  de  Ciuacoatl." 

bos  >'  Codex  Mendoza  "  (Tab.  II),  and  the  explanation  says  :  "  Las  dos  flguras  con  sus 
titulos  e  noinbres  de  Acamapichtli  son  una  misma  cosa  reservida  en  substancia,  por 
que  la  primera  figura  demuestra  el  principio  subcesion  del  dicho  senorio  .  ."  In  note 
(p.  8,  Vol.  VI)  of  "  Antiquities  of  Mexico,"  Lord  Kmgsborough  adds  the  very  sensible 
remark:  ,; The  first  figure  probably  denotes  that  Acamapichtli,  before  he  was  elected 
King,  possessed  the  title  of  Cihuacohuatl,  or  supreme  governor  of  the  Mexicans;  when 
Mexico  afterwards  became  a  monarchy,  this  title  was  retained."  The  token  for 
"Cihuacohuatl"  a  female  head  surmounted  by  a  snake,  is  also  found  in  the  pictures  of 
Durdn  (Lam.  8a). 

209  Durdn  (Cap.  XXIV,  p.  205):  "  Monte<;uma  se  voluio  a  ciauacoatl  Tlacaellel,  que 


662 

very  important  one.  The  most  specific  Mexican  chronicles  call 
him  '-coadjutor  to  the  King,"  "second  King,"  "governor."'210 
By  other  authorities  he  is  mentioned  as  "  vice-roy,"~n  and  more 
frequently  yet  as  "  supreme  judge."-13  Finally,  eye-witnesses  of 
the  conquest  apply  to  the  "•  snake-woman  "  the  titles  of  "  keeper 
of   the    tribute"-13    and    "captain-general"    of    the    Mexicans.-14 

le  auia  puesto  porrenombreygrandega  aquel  nuevo  ditado  que."  Tezozomoc ("Cionica." 
cap.  XXXIX,  p.  35)  mentions  the  title  together  with  the  first  actions  of  "  wrathy  chief," 
the  Elder.  But  it  also  appears  to  have  been  very  much  older.  Ixtlilxochitl  (" Rela- 
ciones  Mstdricas"  Segunda  Relation,  p.  323,  Vol.  IX  of  Kingsborough),  speaking  of  the 
migrations  of  the  Toltecs  says  :  "Hegaron  a  Xalisoo.  tierra  que  estaba  cerca  de  la  mar, 
y  aqui  ostuvieron  oeho  afios,  siendo  deseubridor  Zuiheohuatl,  tambien  uno  de  los  cinco 
capitanes  inferiores."  Veytia  (Lib.  I,  cap.  XXII,  p.  220)  attributes  to  the  same  the  dis- 
covery of  another  region.  It  appears  as  if  this  title.—  whose  origin  we  may  speculate 
upon  but.  as  yet,  without  any  hope  of  positive  results,— was  always  in  existence,  but 
appeared  as  a  distinct  office  only  after  the  confederacy  had  been  formed.  A  historical 
question  of  some  interest  looms  up  here:  whether  or  not  the  first  reported  incumbent 
of  the  office  alter  the  formation  of  the  confederacy,  Atempanecatl  Tlacaeleltzin,  really 
existed.  Torquemada  (Lib.  II,  cap.  LIV,  p.  171)  denies  his  existence,  and  perhaps  hints 
at  the"Codice  It  unirez"  when  he  speaks  of  "la  mala,  y  falsa  Relacion,  que  de  esto 
tuvo,  que  yo  tengo  enuni  poder  escrita  de  mano,  con  el  mismo  lenguage,  y  estilo."  Sr. 
Jose  F.  Ramirez  already  noticed  this  sally  of  the  provincial,  in  note  1  (p.  382)  of  Durdn, 
"  Hist,  de  las  Tndias,"  etc.,  and  recognized  it  at  once  as  applying  to  the  Codice  B. 
Veytia  (Lib.  II,  cap  I,  p.  cS2,  etc.)  acknowledges  the  existence  of  Hacaellel.  so  does  of 
course  Acosta  (Lib.  VII,  cap.  14,  15,  10,  17  and  18),  and  all  those  who  followed  the  same 
sources  as  the  "Codex  Ramirez."  The  present  city  of  Mexico,  however,  has  two 
monuments  which,  to  my  judgment,  establish  beyond  a  doubt  the  existence  of  this 
Tlacaellel.  One  of  these  is  the  "Stone  of  Sacrifice,"  and  the  other  a  commemorative 
slab,  figured  and  described  in  No.  2  of  Vol.  I.  "Aaales  del  Museo  National  de  Mexico," 
by  the  great  Mexican  scholar,  Sr.  Orozco  y  Berra.  See  my  article  in  No.  I,  Vol.  II  of 
the  '-American  Antiquarian,"  "  The  National  Museum  of  Mexico  and  the  Sacrificial 
Stone"  (pp.  23  and  27). 

210  For  these  titles  I  refer  in  general  to  the  Codice  Ramirez,  Durdn,  and  Tezozomoc. 
Quotations  are  useless  and  would  only  serve  to  increase  the  size  of  the  volume 

211  Already  Tezozomoc  mentions  him  a  "  teniente  "  Torquemada  (Lib.  XI,  cap.  XXV, 
p.  352).  Yetancurt  (••  Teatro  Mexicano,"  Parte  11a,  Trat.  II",  cap.  I,  p.  369) :  "  Despues 
del  Bey  (pie  heredaba.  eomo  se  ha  visto  guardando  el  brden  de  la  sangre  real,  habia  uu 
virey  que  llamaban  Cihuaeohuatl,  que  el  rev  provefa  y  era  su  segunda  persona  en  el 
gobierno,  de  cuya  sent'encia  no  habia  apelaoion  al  rev." 

=12  Torquemada  ( Lib.  XI,  cap.  XXV.  p.  352).  Vetancnrt  ("  Teatro,"  p.  369).  Clavigero 
(Lib.  VII,  cap  XVI,  p.  481).  Prescott  ("  Conquest,"  IJ'k  I,  cap.  II.  p.  29).  H.  II.  Ban- 
croft (•'  Native  li'ices,"  Vol.  II,  cap.  XIV,  pp.  434  and  435}.  Codex  Meudoza  (Tab.  LX1X, 
"  Myxcoatladotlac,  Justicia  mayor").. 

213  Bernal-Diez  de  Castillo  ("  Hist,  verdadrra,  etc.,"  Cap.  XCI,  p.  87,  Vedia  II):  "Ac- 
uerdome  (pie  era  en  aquel  tiempo  su  mayordomo  un  gran  cacique  que  le  pusimos  por 
nombie  Tapia.  y  tenia  en  nta  de  todas  las  rentas  rpie  le  traian  al  Montezuma,  con  mis 
libros  hechos  de  papel,  que  se  dice  amatl,  y  tenia  destos  libros  una  gran  casa  dellos." 
Now  this  "Tapia"  reappears  again  as  ••governor"  of  Mexico  in  different  places. 
'•  Relacion  de  la  Jornada  </ne  hizo  Don  Francisco  de  Sandoval  Acazitli,  Cacique  y  Senor 
Natural  quefui  dd  pueblo  de  Thdmanalco"  ("Col.  de  Doctnnentos."  Icazbalceta,  p. 
315,  Vol.  II):  "y  a  sol  >s  los  Mexicanos  llevb.  y  fueron  por  sus  candillos  Tapia  y  D. 
Martin  el  de  Tlatelulco."  "  Cuarta  Relacion  Anonima  de  la  Jornada  de  Nuno  de 
Guzman"  (Col.  de  Doc.  II,  p.  471):  "  Viendo  el  senor  desto.  cibdad  de  Mexico,  que  se 
llama  Tapia."    Letter  of  the  "  Oydores"   Salmeron,  Muldonado,  Ceynos,  and  Quiroga 


663 

Every  one  of  these  designations  conveys  a  certain  amount  of  truth, 
though  none  of  them  adequately  defines  the  office,  the  true  nature 
and  position  of  which  become  clear  only  through  a  glance  at  its 
early  history.  Tribal  executive  as  a  permanent  office,  (which 
must  always  be  distinguished  from  a  hereditary  dignity),  was 
created  under  the  pressure  of  extreme  need.  The  warrior  who 
enjoyed  the  confidence  of  the  tribe,  who  was  not  only  daring  and 
brave,  but  had  also  given  proof  of  wisdom  in  the  councils, 
became  the  people's  choice  as  leader.  The  Mexicans  were  then 
in  an  attitude  of  defence  ;  their  own  existence  was  at  stake,  and 
it  was  but  natural,  therefore,  that  the  leading  "  talk  "  should  be  on 
military  subjects,  and  that  consequently  the  prominent  war-captain 
should  become  the  prominent  "speaker,"  or  foreman  of  the  council.215 
In  tins  manner  we  come  to  notice  but  ona  executive  chief  until 
the  confederacy  was  formed.  His  duties  were  plain,  even  simple, 
at  that  time.  He  resided  at  the  official  house  and  superintended 
the  exercise  of  tribal  hospitality  there;  he.  was  foreman  to  the 
council,  and  the  leading  executor  of  its  decrees  as  far  as  tribal 
jurisdiction  extended  ;  h"  controlled  the  receiving  and  housing 
of  the  modest  crops  gathered  from  the  ''  lands  of  the  official- 
house "   (tecpan-talli),216  which,  together  with  the  customary  pres- 

(■2/1  •'  Recueil"  of"  Ternaux  Compans,"  dated  Mexico,  14  August.  1531):  "Ainsi  L'on  dit 
qu'un  certain  Tapico,  qui  gouvernait  la  partio  du  Mexique  que  l'on  aupelle  Temixtitan." 
1  find  also  the  following  in  the  municipal  records  of  Mexico:  "Act  is  de  Cabildo"  (Vol. 
I.  p.  75;  "  Viernes  17  de  Agosto  15j5(>,  aftos"):  ••  Este  dia  de  pedimento  de  Diego  de 
Ordaz  vecino  do  esta  Cibdad  le  hizieron  merc'ed  de  le  eontirmar  eierta  compra  que  hize 
de  Guanachel  cacique  que  se  llama  Tapia  de  un  sitio  de  casa  que  esta  cabe  San 
Francisco." 

The  "gobernador"  of  Mexico,  after  the  conquest,  and  restoration  under  Spanish 
rule,  was  the  former"  Ciliu  icohuatl  "  This  is  plainly  stated  by  Cortes  ("  Carta  Caarta," 
Vedia  I,  p.  110):  "hice  a  un  capitan  general  queen  la  guerra  tenia,  y  yoconooiadel 
tiempo  de  Muteczuma,  que  tomase  cargo  de  la  tornar  a  pnblar.  Y  para  que  mas  autoii- 
dad  su  persona  tuviese,  tornele  it  dar  el  inismo  cargo  que  en  tiempo  del  seiior  tenia, 
que  es  ciguacoat,  que  quiere  tan  to  decir  como  lugar-teniente  del  seiior."  Therefore 
the  appellation  oi  IJernal-Diez,  applies  evidently  to  this  officer. 

-14  Cartes  (••  Carta  Tercern,"  p.  8.).  "  Carta  Cuarta"  p.  110,  boLh  in  Vedia  I).  Gomara 
("  Conquista,"  etc.,  Vedia  I,  p.  392) :  ••  Vini  Xihuacoa,  gobernador  y  capitan  general." 
Herrera  (Dec.  III.  lib.  II,  cap.  VII,  p.  5i)  calls  him  "Guaeoazm.  Principal  conscjeio 
del  Rei,  i  su  I.iigar  teniente,  "  Torquemdda  (Lib.  IV,  cap.  C,  p.  507) :  '•  Salio  un  capitan, 
llamndo  Cihuacohuatl  Tla'cotzin." 

21S  Codice  Ramirez  (pp.  34  and  35) :  "  Miia,  Sefior,  que  vienes  S.  ser  ampnro  y  sombi'a 
y  abrigo  desta  nacion  Mexicana  .  .  .  ."  Joseph  de  Acosta  (Lib.  VII,  cap.  VIII,  p.  408). 
Torquemada  (Lib.  II,  cap.  XIII.  p.  95) :  "  La  causa  de  su  Eleccion,  Cue,  aver  crecido  en 
numero,  y  estar  linn  rodeados  de  Enenrgos,  que  les  hacian  Guerra,  y  afiigian." 

2i|i '.  Tenure  of  Lands  "  (prj.  405,  406  and  419),  I  beg  leave  to  correct  here  a  mistake 
of  mine  in  note  75,  p.  420.  At  the  close  of  said  note  it  reads:  "'The  above  quotations 
show  conclusively  that  the  soil  of  the  '•  tecpantlalli"  was  held  and  vested  in  the  King 


664 

ents,  constituted  the  tribal  stores ;  finally  he  commanded  the 
people  when  in  arms.  The  overthrow  of  the  tribes  of  Azcaput- 
zalco  and  Cuyuacan,  by  rendering  these  pueblos  tributary,  and 
compulsory  allies  of  the  Mexicans  in  warfare,  suddenly  increased 
these  duties  to  such  an  extent  that  an  assistant  or  colleague,  a 
second  head-chief,  became  necessary.  Finally,  when  the  confed- 
eracy came  into  existence,  the  first  of  these  two  chiefs  was  made 
its  military  commander,  thus  burthening  him  with  duties  of  an 
extra-tribal  nature.217  He,  therefore,  had  to  relinquish  a  corre- 
sponding share  of  tribal  business,  which  naturally  fell  to  his 
associate.  This  associate,  as  we  have  already  stated,  was  the 
"snake-woman"  or  "Cihuacohuatl,"  the  proper  head-chief  of  the 
Mexicans. 

As  daily  leader  of  the  council's  "talk,"  the  foreman  of  its  delib- 
erations, the  "snake-woman"  appears  in  the  light  of  a  judge,  even 
of  a  supreme  judge.  But  while,  on  all  important  occasions,  he 
was  the  spokesman218  of  the  council,  and  the  awards  he  declared 
and  the  sentences  he  pronounced,  were  final  and  admitted  of  no 
appeal,  yet  it  was  only  so  because  they  emanated  from  the 
council,  and  not  because  they  were  his  own  individual  decrees 
He  remained  always  subject  to  the  authority  of  that  bod}T,  and,  in 
a  general  way,  he  can  be  said  to  have  superintended  the  execution 

.  .  ."  In  place  of  it,  "  ve.-ted  in  the  Km"  is  tlie  proper  reading.  The  mistake  is  wholly 
and  exclusively  mine  —  a  "  slip  of  the  pen,"  which  I  neglected  to  correct  in  time. 

217  The  Tezcuean  writers,  represented  by  Ixtlilxochitl  {-'Hist,  des  ChtchimUqiies," 
Cap.  XXXII  and  XXXIV)  claim  the  leadership  for  Tezcuco,  but  the  facts  disprove  it. 
Compare  also  "  Tenure  of  Lands"  (pp.  41(5,  417  and  418). 

2,8  Frarpnento  No.  ]  ("  liiblioteca  Mexicana"  —  '-  Xoticia.i  relativas  al  Reinado  de 
Motecuzama  llhuicamina,"  p.  1'24):  "Juntos  los  principals  JUcxicanos,  el  Rey  les 
dixo  lo  que  el  Rey  de  Tetzcueo  pedia,  y  todos  dieron  la  mano  a  Tlacaellel,  el  cual 
respondio  en  nombre  de  todos  a  su  Rey."  JJurda  (Cap.  XIV,  p.  118):  "Tlacaellel,  (pie 
en  todo  era  el  primer  voto  y  a  quien  se  dava  la  mano  en  responder."  (Cap.  XV.  p. 
1-28):  "Todos  dieron  la  mano  a  Tlacaellel  para  que  respondiese  al  rey."  (Cap.  XXIX, 
p.  240):  "Tlacaellel,  poniendose  en  pie.  dixo  desta  nianera,  etc.,  etc."  (Cap.  XXXII, 
pp.  254  and  255,  Cap.  LIU,  p.  417.)  Tezozomoc  (Cap.  XVIII,  p.  28.  Cap.  XIX,  p.  30) :  "  Y 
asi  oydo  esto  por  los  principales  Mexicanos  tomo  la  mano  de  hablar  Cihualcoatl 
Tlacaeleltzin  y  dijo:  lrjo  y  nue^tro  muy  querido  rey,  os  encargaos  que  veais  muy  bicn 
lo  que  quereis  hacer  .  .  ."  (Cap.  XXI,  p.  32):  "Pasados  algunos  dias  dijo  el  rey 
Moctezuma.  a  Zihuacoatl  Tlacatleltziri  general  y  oydor  .  .  ."  "Liegados  todos  los 
senores  de  los  dichos  pueblos  al  palacio  del  rey  Moctezuma,  y  sentados  cada  sefior 
Begun  su  merecimiento  y  valor  de  sus  personas,  digeron  el  rey  Moctezuma,  y  sii  presi- 
dente  y  capitan  general  Zihuacoatl  Tlacatleltzin."  (Cap.  XXXI,  p.  48).  (Cap.  XXXVI. 
p.  57):  "que  el  primero  era  su  real  conscgero  Zihuacoatl  Tlacaeleltzin,  .  .  ."  (Cap, 
XXXIX,  p.  62,  Cap.  XLIII.  p.  (>!)) :  "  Luego  en  el  palacio  del  rey  Axayaca  sin  salir  los 
grandes,  ni  nadie,  prosiguio  Zihuacoatl  Tlacaeleltzin  .  .  ."  Further  quotations  are 
superfluous,  particularly  from  this  author. 


665 

of  its  judicial  decisions,  although,  as  will  be  seen  hereafter,  this 
part  of  the  duty  was  properly  assigned  to  other  officers. 

The  "  Cihuacohuatl "  was  responsible  to  the  council  for  the 
careful  housing  of  the  tribute  received,  as  far  as  it  was  applied  to 
tribal  requirements,  and  for  the  faithful  distribution  of  the  remain- 
der919 among  the  kins.  This,  and  the  fact  that  he  kept  the 
paintings  recording  the  tribute,  has  caused  Bernal  Diez  de  Castillo 
to  call  him  "■  mayordomo  mayor,"  or  general  Intendant,  and 
"  keeper  of  the  tribute"  as  we  have  already  mentioned.220 

How  the  "  snake-woman"  was  the  actual  associate  and  colleague 
of  that  other  chieftain  who,  after  having  been  originally  principal 
war-chief  of  the  Mexicans,  became  at  last  commander  of  the  con- 
federate forces,  we  have  already  noticed.221     We  shall  yet  recur 

219 This  results  from  the  authority  exercised  by  the  Zihuacoatl  over  the  captives  in 
war.  I  have  already  alluded  to  this  feature,  and  now.but  recapitulate  the  following 
quotations:  Vurdn  (Cap.  XIX.  pp.  172  and  173).  Also  Tezozomoc  (Cap.  XXIX.  p.  45, 
Cap.  XL,  pp.  61  and  65,  Cap.  LXII,  p.  104,  Cap.  LXVI,  pp.  110,  111.  Cap.  LXX,  p.  119), 
etc.,  etc. 

220  Bernal  Diez  de  Castillo  (Cap.  XCI,  p.  87,  Vedia  II) :  "Acuerdome  que  era  en  aquel 
tiempo  su  mayordomo  mayor  un  gran  cacique  que  le  pusirnos  por  nombre  Tapia,  y 
tenia  cuenta  de  todas  las  rentas  que  le  traian  al  Montezuma,  con  sus  libros  hechos  de 
su  papel,  que  se  dice  amatl,  y  tenia  destos  libros  una  gran  casa  dellos." 

22i  There  is  no  doubt  in  regard  to  the  equality  of  rank,  though  the  duties  were  some- 
what different.    '•  Codice  Ramirez,'"  (p.  06) :  "  Concluidas  las  ob«equias,  el  cap. tan  gen- 

eral  Tlacaellel  que  todavia  era  vivo,  junto  los  del  consejo  supremo Ksto*juntos 

....  trataron  de  elegir  nuevo  Rey,  y  todos  se  encaminaban  al  valeroso  Tlacaellel,  el 
qual  como  otras  veces,  nunca  quizo  admitir  el  Reyno,  dan  do  por  razon  que  mas  litil 
era  a  la  Repiiblica  que  hubiese  Key  y  coadjutor  que  le  ayudasse  como  era  el,  y  no  solo 

el  Rey Pero  no  por  esto  dejaba  de  tener  tanta  y  mas  auto  rid  ad  que  el  mismo 

Rey,  porque  le  respetaban  y  honraban,  Servian  y  tributaban  como  &  Rey,  y  eon  mas 
temor.  porque  no  se  hazia  en  todo  el  Reyno  mas  que  lo  que  el  mandaba.  Y  assi  usaba 
tiara  y  insignias  de  Rey,  saliendo  con  ellas  todas  las  vezes  que  el  mismo  Rey  las  sa- 
caba."  (P.  07),  when  the  old  Zihuacoatl  died,  his  successor  was  elected :  '-con  todas 
las  preeminencias  que  su  padre  tenia."  The  "  Fragmento  Xo.  1 "  ("  Noticias  relativas 
al  lleinado  de  Motecuzuma  llhuicamina")  is  very  positive  also,  almost  always 
mentioning  both  officers  together.  Durdn  (Cap.  XXVI,  p.  215):  "Ordenose  que 
solo  el  rey  y  su  coadjutor  Tlacaellel  pudiese  truer  capatos  en  la  casa  Real  y  que 
ningun  graude  entrase  calc;ido  en  .palacio,  so  pena  de  la  vida,  y  solo  ellos  pudiesen 
traer  capatos  por  la  ciudad,  y  ningun  otro  ....";  (Cap.  XXXII,  p.  255) :  "Tlacaellel 
respondio:  que  mas  honra  puedo  yo  tener  que  la  que  hasta  a  pn  e  tenido?  que  mas 
senorio  puedo  tener  del  que  tengo  y  e  tenido  ?  pues  ninguna  cosa  los  reyes  pasados  an 
hecho  sin  mi  parecer  y  consejo  en  todos  los  negocios  civiles  y  criminales  .  .  ."  ;  (Cap. 
LXI,  p.  320),  the  speech  of  Tlacaellel  there  reported  is  rather  too  lengthy  to  copy-  Its 
substance  is  contained  in  the  closing  words:  "  luego  rey  soy  y  por  tal  me  aueis  tenido; 
pues  que  mas  rey  quereis  que  sea?  y  asi  como  asi  tengo  de  tener  el  mismo  oficio  y 
exercicio,  hasta  que  me  muera  ....  Sosegaos,  hijos  mios,  y  haee  mi  voluntad,  que  ya 
yo  soy  rey,  y  rey  me  sere  hasta  que  muera;  .  .  ."  (Cap.  XLIV,  p.  357):  "el  viejo 
Tlacaellel,  a  la  mesma  manera,  al  qual,  dice  esta  ystoria,  re -pe  tail  an  como  a  rey;" 
(Cap.  XL VIII,  p.  381) :  "el  nombre  de  Ciuacoatl,  que  el  padre  tenia,  el  qual  era  ditado 
de  mucha  grandeca  eredado  de  los  dioses;  y  asi  desde  aquel  dia  le  llainauavan  Tlil- 
potonqui  Ciualcoatl,  que  era  sobre  nombre  diuino."    Tezozomoc  ("  Cronica,"  Cap. 


666 

%o  the  relative  positions  occupied  by  both  officers,  and  merely 
advert,  here,  to  the  fact,  that,  since  the  latter  has  commonly  been 
called  a  monarch,  the  designations  of  "  coadjutor  to  the  King," 
"second-King,"  previously  quoted,  are  explained,  though  not 
justified.  The  same  explanation  applies  to  the  title  of  "  vice-roy," 
or  "  royal  lieutenant." 

Finally,  the  "  Cihuacohuatl "  was  ex-officio  commander-in-chief 
of  the  Mexicans  proper,  whenever  his  colleague  directed  the  entire 
confederate  force.222     If,  however,  this  was  not  the  case,  then  the 

XXXIII,  i>.  53):  "De  la  manera  que  fue  vestido  y  adornado  Moctezuma,  lo  fueron  tam- 
bien  Zihuacoatl  y  Tlacaeleltzin ;  "  (Cap.  XXXVI.  p.  58) :  '•  pnes  solos  dos  eran  los  que 
liavian  de  teuev  catles,  que  eran  Moctezuma,  Zihuacoatl  y  Tlacaeleltzin,  como  segunda 
persona  del  rey,  pnvque  se  entendiese  liavian  de  ser  teniidos  de  todos  los  grandes  del 
imperio;  "  (Cap.  XL,  p.  66).  Speech  of  Tlacaellel :  •'  tocante  a  lo  que  tratais  del  seiiorio, 

yo  siempre  lo  he  tenido  ytengo, porquc  yo  como  segunda  persona  que  siempre 

l'ui  del  rey  y  de  los  reyes  p  isados,  etc."  Further  quotations  from  this  author  would 
become  too  numerous,  consequently  too  bulky.  Besides  these  sources,  to  which  should 
be  addeil  Joseph  de  Acosta  ("  Hist:  not:  y  moral."  Lib.  VII,  cap.  XVII.  p.  4!)4,  Cap.  XVIII, 
p.  493),  we  lind  significant  testimony  in  two  authors  who  certainly  did  not  gather  their 
information  at  the  source,  from  which  the  above  series  of  authors  obtained  theirs.  I 
refer  to  Juan  de  Torquemada  ('*  Monorchia  Indiana"  Lib.  XI,  cap.  XXV.  p.  352): 
'•Aqui  parece  lo  mismo,  que  reservando  el  Rai  Mexicano  para  si,  la  autoridad  Real,  le 
hace  su  ignal  en  la  Judicatimi."  Vetan.urt  (••  Taitro  Mexicano,"  I 'arte  Efo,  Tratado 
IP,  cap.  [,  p.  36!)):  "  Tan  absoluta  era  la  autoridad  que  le  daba,  que  reservando  el  rey 
en  si  la  autoridad  real,  era  en  la  judicatura  ignal."  In  regard  to  the  fact  that  both 
chiefs  wore  the  same  characteristic  ornaments  and  dress,  see  Durdn  (Lamina  8«  to 
Cap  XXIII  of  Trat.  1°),  also  "  Codex  Teller  iano-Remensis,"  comparing  it  with  the  head- 
dress of  the  leading  figure  of  the  sculptures  on  the  rim  of  the  cylinder  known  as  the 
"  stone  of  sacrifice,"  in  the  Museo  Xacionnl  of  Mexico. 

aas>«Cod»ce  Ramirez"  (pp.  59,  (>0.  61,  62  and  63),  treating  of  the  "  capitan-general 
Tlacaellel:"  haziendo  hazafias  dignas  de  gran  niemoria  por  medio  de  su  general 
Tlacaellel."  The  war  against  Chalco  was  waged  by  the  Mexicans  and  their  confeder- 
ates, therefore  we  read  (p.  4):  "Y  a>i  fue  que  acudiendo  esto  Rey  en  personas  a  la 
guerra."  (P.  67)  his  office  was:  "de  capitan-general  y  segundo  de  sucorte.  .  .  Durdn 
(Cap.  XVII,  pp.  147  and  148).  war  against  Chalco.  when  both  chiefs  went  along.  (Cap. 
XVIII.  p.  158),  foray  against  Tepeaca.  both  chieftains  in  the  field,  as  both  Mexicans  and 
confederates  participated.  (Cap.  XIX).  against  the  Huaxtcca.  (Cap.  XXII,  p.  189): 
'•Tlacaellel,  principe  de  la  milicia,"  in  the  raid  against  Coayxtlahuacan.  In  place  of 
Tlacaellel.  ••  era  ya  viejo  y  que  no  podria  ya  ir  a  guerra  t:iii  apartada,"  Cuauhnochtli 
commanded  the  Mexicans.  The  most  explicit  and  positive  author  of  all  is  Tezozomoc 
("Cronica  Mexicana,"  Cap.  XIX,  p.  32,  Cap.  XXI,  p.  32):  "Zihuacoatl  Tlacaeleltzin 
general  y  aydor,"  —  "y  su  presidente  y  capitan-general  Zihuacoatl  Tlacatleltzin."  In 
regard  to  the  protracted  hostilities  against  the  tribe  of  Chalco,  it  is  stated  that  the 
"Cihuacohuatl"  alone  commanded  (Cap.  XXII,  p.  34);  but  it  follows  from  p.  35,  that 
after  the  first  bloody  though  indecisive  light,  the  allies  were  called  upon  for  assis- 
tance, although  Tezozomoc  says  it  was  only  a  delegation  to  insure  their  quiet.  This 
explains  the  contradiction  between  him  and  the  two  preceding  authors.  In  (Cap.  XXIV, 
p.  37),  he  acknowledges  that  Montezuma  llhuicamina  went  along,  together  with  Cihua- 
cohuatl. The  fact,  that  the  conquest  of  Chalco  was  made  by  the  Mexicans,  with 
the  assistance  of  allies,  is  conceded  by  other  authors,  See  Torquemada  (Lib.  II,  cap. 
XL IV  and  L).  Ortega  ("Apcndice"  to  Veytia,  Cap.  Ill,  pp.  240-243).  Therelore  the 
Cihuacohuatl  commanded  the  Mexicans.  In  the  foray  against  Tepeaca  and  Tecaina- 
chalco,  the  confederate  forces  sallied  out,  (Cap.  XVII):  "cada  uno  con  su  capitan  y 


667 

latter  led  the  Mexicans  in  person,  or  a  substitute  for  either  of 
them  might  take  the  command.2'23  During  the  last  days  of 
aboriginal  Mexico,  when  warriors  from  different  tribes,  together 
with  the  head-chiefs  of  Tezcuco  and  of  Tlacopan,  crowded  into 
the  invested  pueblo,  the  so-called  "  King  of  Mexico"  appeared  as 
the  confederate  commander,  while  the  "  snake-woman "  only 
wielded  the  authority  and  performed  the  duties  of  "  captain- 
general  "  of  the  Mexican  contingent.--4 

All  these  different  attributes  may  be  united  in  the  functions  of 
one  office,  namely  :  that  of  head-chief  of  the  tribe.  As  such,  we 
must  consider  the  "  Cihuacohuatl,"  and  as  such  was  he  recognized 
by  Cortes  when  in  1521,  he  created  the  last  "snake-woman" 
"■governor"  of  the  remnants  of  the  Mexican  tribe  and  of  the 
so-called  Indian  wards  within  which  they  "were"  subsequently 
settled.225 

We  have  seen  that  the  "  snake-woman  "  was  the  colleague,  or 
associate  in  matters  of  tribal  importance,  of  another  officer,  who  had 
originally  filled  his  place,  but  whose  sphere  of  action  had  been  so 
much  extended  through  the  formation  of  the  confederacy,  that  a 
colleague  became  needed  in  tribal  affairs.  This  officer,  commonly 
entitled  "King  of  Mexico,"  sometimes  even  "Emperor  of  Anahuac," 

was  the  "chief  of  men,"  "  Tlaca-tecuhtli  ".226 

capitanes  senalados,"  and  both  war-chiefs  of  Mexico  were  present  and  in  the  field 
(p.  41).  Not  to  increase  the  volume  of  quotations  beyond  measure,  I  shall  simply  add 
that,  as  the  Cihuacohuatl  grew  older  and  could  not  well  go  to  war,  other  captains  took 
his  place.    These  captains  I  will  refer  to  hereafter.    Acosta  (Lib.  VII.  cap.  XVIII). 

223  Evidence  to  that  effect  is  found  in  Durdn  (Cap.  XXII,  p.  189),  and  especially  in 
Tezozomoc  (Cap.  XLVIII.  p.  78) :  "  Cuauhnochtli,  capitan  general  "  (Cap.  LXXI,  LXXII 
and  XCI,  pp.  100  and  101,  etc.,  etc.).  This  explains  why  the  title  of  chief-commander  of 
the  Mexicans  is  so  variously  stated.  See  the  very  sensible  remarks  of  Clavigero  (Lib. 
VII,  cap.  XXI.  p.  491,  etc.).  These  chiefs  were,  in  this  instance,  temporarily  appointed, 
since  it  was  not  the  creation  of  an  office,  but  simply  a  delegation  of  power  for  a  certain 
special  purpose.  When  the  foray  was  over,  the  charge  ceased  to  exist,  the  war-chief 
returning  to  his  original  rank. 

224  Cortes  (•'  Carta  Tercera,"  Vedia  I.  p.  89):  E  dende  a  poco  volvio  con  ellos  uno 
de  los  mas  principales  de  todos  aquellos  que  se  llamaba  Ciguacoacin,  y  era  el  capitan  y 
gobernador  de  todos  ellos,  e  por  su  consejo  se  seguian  todas  las  cosas  de  guerra." 
This  fact  is  generally  accepted,  and  needs  no  further  proof. 

22°  Cortex  (■'  Carta  Quarta,"  Vedia  I,  p.  110).  Petition  to  Charles  V,  by  four  Indian 
chiefs  of  Mexico.  June  18,  1532,  in  "  Cruautes  horribles  des  Conque'rants  espagnols,"  of 
Mr.  Ternaux-Compans,  1st  Series  (Appendix,  pp.  265,  266  and  269):  -'Moi,  don  Her- 
nando de  Tapia,  je  suis  feu  de  Tapia,  et  ancien  Tucotecle,  gouverneur  de  Mexico,  sons 
le  marquis  del  Valle."  Herrera  (Dec.  Ill,  lib.  IV,  cap.  VIII,  pp.  122  and  12:5).  Bernal 
Dfez  de  Castillo  (Cap.  CLVII,  Vedia  II,  pp.  1SI8  and  199).  Icazbalceta  in  Cervantes- Salazar 
("  Tres  Didlogos,"  Introd.  to  2d  Dialogue,  pp.  75  and  76). 

226 1  have  used  this  title,  perhaps  for  the  first  time  among  recent  writers,  in  "  Art  of 
War,"  (p.  123).     Tezozomoc  (Cap.  LXXXIII,  p.  115).    Ramirez  de  Fuenleal  {"Letter, 

8* 


668 

In  the  year  1375,  according  to  the  Mendoza  Codex,  the  first 
incumbent  of  this  office  was  elected  by  popular  vote.227  From 
that  time  ou,  the  office  remained  strictly  elective  and  non-hereditaiy , 
in  so  far  as,  like  the  chief  officers  of  the  calpulli,  the  descendants 
of  the  former  incumbent  were  preferred  to  succeed  him  ;  provided 
they  were  undoubtedly  competent.228     But  no  rule  of  succession 

etc."  in  1st  Recueil  of  Ternatix-Compans,  p.  247).  Codex  Mendoza  (Plate  XVIII): 
"  Tlacatectli  gobernador  "  also  the  '•  Declaracion  tie  la  flgurado."  Sahagun  (Lib.  VI, 
cap.  XX,  pp.  136  and  138).  This  very  remarkable  chapter  deserves  to  be  closely  studied, 
since  it  embodies  the  principles  upon'which  the  aborigines  of  Mexico  filled  their  offices, 
and  the  bases  of  their  mode  of  government.  It  would  be  too  long  to  attempt  a  full 
analysis  of  it,  and  anything  short  of  a  careful  study  would  lail  to  give  an  adequate 
conception  of  its  importance.  I  merely  reter  to  the  statements  of  the  celebrated  Fran- 
ciscan in  regard  to  the  title  under  consideration:  "porque  ya  esta  en  la  dignidad  y 
estrado,  y  tiene  ya  el  principal  lugar  donde  lc  puso  nuestro  senor?  ya  le  Hainan  por 
estos  nombres  tecatlato,  tlacatecutli.  por  estos  nombres  le  nombran  todos  los  populares 
.  .  .  ."  This  passage  and  the  succeeding  one:  "y  alguno  <le  estos  tornado  de  la  repiib- 
lica  por  rey  y  senor,"  clearly  indicate  that  the  title  is  that  of  the  so-called  "King'' 
or  ,;chief  of  men;  "  (p.  138);  however,  he  mentions  the  ''tlacatecutli"  as  one  of  '•  doa 
senadores  para  lo  que  toca  al  regimiento  del  pueblo."  There  is  an  evident  contradic- 
tion here,  which  is  very  similar  to  the  one  already  noticed  in  regard  to  the  two  sections 
of  the  council,  in  a  former  note. 

227  Codex  Mendoza  (Plate  II).  Mendieta  (Lib.  II,  cap.  XXXIV,  p.  148).  In  regard  to 
this  Chronology,  compare  the  late  and  highly  valuable  work  of  Don  M.  Orozco  y  Berra, 
("  Ojeada  sobre  la  Cronologia  Mexicana"  in  the  "  Biblioteca  Mexicana," —  an  Introduction 
to  a  reprint  of  Tezozomoc).  The  learned  author  has  brought  to  light  many  highly  val- 
uable facts.  That  '•  Acamapichtli  "  or  '•  Handful  of  Reeds  "  was  elected,  is  abundantly 
proven  by  many  authorities,  so  that  detailed  quotations  are  useless. 

228  The  fullest  report  is  contained  in  Sahagun  (Lib.  VIII,  cap.  XXX,  p.  318):  "  Cuando 
moiia  el  senor  d  rey  para  elegir  otro.juntab  inse  los  senadores  que  llamaban  tecutlat- 
oque,  y  tambien  los  viejos  del  pueblo  que  llamaban  achcacauhti,  y  tambien  los  capitanes 
soldados  viejos  de  la  guerra  que  llamaban  Iauequioaques  (should  be  lau-Tequioaques), 
y  otros  capitanes  que  eran  pnncipales  en  las  cosasde  la  guerra,  y  tambien  los  Satrapas 
que  llamaban  Tlenamacazques  6  papaoaque:  todos  estos  se  juntaban  en  las  casas 
reales,  y  alii  deliberaban  y  determinaban  qui  en  habia  de  ser  senor,  y  escogian  uno  de 
los  mas  nobles  de  la  line  de  los  senores  antepasados,  que  fuese  hombre  valicnie  y 
ejercitado  en  las  cosas  de  guerra,  osado,  animoso,  y  que  no  supiese  beber  vino:  que 
fuese  prudente  y  sabio,  y  que  fuese  criado  en  el  Calmecac:  que  supiese  bien  hablar,  y 
fuese  entendido,  recatado  y  animoso,  y  cuando  todos  6  los  mas  concurrian  en  uno, 
luego  le  nombraban  por  senor.  No  se  hacia  esta  eleccion  por  escrutinio  6  por  votos, 
sino  todds  juntos  confiriendo  los  unos  con  los  otros,  venian  a  conceitarse  en  uno."  To 
this  should  be  added  the  testimony  of  the  same  author  (Lib.  VI,  cap.  XX,  pp.  136-139). 
Durdn  (Cap.  XI,  p.  103) :  "yes  de  saner  que  no  ponian  hijo  del  que  elexian  por  rey,  6 
del  que  moria,  porque  como  ya  tengo  dicho,  nunca  heredaron  los  hijos,  por  via  de  her- 
encia,  los  ditados  nl  los  seiiorios,  sino  por  election  ;  y  asi,  agora  fuese  hijo,  agora  fuese 
hermano,  agora  primo,  como  fuese  eleto  por  el  rey  y  por  los  de  su  consejo  para  aqnel 
ditado,  le  era  dado,  bastaua  ser  de  aquella  lingnia  y  pariente  cercano;  y  asi  iban 
siempre  los  hijos  y  los  hermanos  heredandolo,  poco  a  poco,  si  no  esta  vez,  la  otra,  d  si 
no.  la  otra.  y  asi  nunca  salia  de  aquella  generacion  aquel  ditado  y  senorio,  eligiendolos 
poco  3. jjoco."  (Cap.  LX1V,  p.  498) :  "  porque  en  aquel  tiempo  heredabanse  los  hermanos 
hijos  del  rey  unos  a  otros,  aunque  de  lo  que  de*ta  hystdria  e  notado,  ni  auia  herencia 
ni  Micesion,  sino  solos  aquellos  que  los  electores  escogian,  como  fuese  hijo  d  hermano 
del  que  nioria,  d  sobrino  d  primo,  en  segundo  grado,  y  este  drden  me  parece  que  llevan 
en  todas  sus  electionos,  y  asi  cree  que  muchos  de  los  que  claman  y  piden  venilles  por 
herencia  los  senores,  porque  en  su  intidelidad  sus  padres  fueron  reyes  y  senores, 


669 

limited  the  choice  to  a  family,  perhaps  not  even  to  a  kin.229  Like 
every  other  office  it  had  to  be  deserved,'230  and  could  not  be  ob- 
tained by  birth  or  through  craft  ;231  neither  could  it  be  transmitted 
through  inheritance.232. 

The  history  of  this  office  may  be  divided  into  two  periods :  the 
first,  closing  with  the  formation  of  the  confederacy  in  the  first 
quarter  of  the  fifteenth  century  ;  the  second,  beginning  at  that 
time,  and  lasting  until  the  final  abrogation  of  the  office  bv  the 
Spaniards,  in  1521.233  During  the  former  period  the  "chief  of 
men"  was,  as  we  have  already  said,  but  the  executive  chieftain 

entiendo  no  piden  justicia,  porque  en  su  ley  antigna  mas  eran  electiones,  en  todo  genero 
de  senores,  que  no  herencias  ni  sueesiones."  The  author  of  the  above  was  a  native 
Mexican,  and  knew  the  customs  of  his  people.  "  Codice  Ramirez"  (p.  58):  "  porque 
como  qneda  referido,  nunca  heredaron  los  hijos  de  los  Reyes  en  los  sefiorios,  sino  por 
eleccion  daban  el  Ueyno  a  uno  destos  quatro  principes,  a  los  quales  tampoco  heredaban 
sus  hijos  en  estos  ditados  y  cavgos;  sino  que  muerio  uno  escogian  otro  en  su  lugar  al 
que  les  parescia,  y  con  e.-te  modo  siempre  tuvo  este  Revno  muy  sufieientes  hombres  en 
sus  Repiiblicas,  porque  elegian  los  mas  valerosos."  Tezozomoc  (Cap.  LXXXII,  pp.  142 
and  14:!),  confirming  the  mode  of  election  as  reported  by  Sahagun.  Zurita  ("  Rapport, 
etc.,"  p.  14):  "  Ainsi,  ils  preferaient  laisser  apres  eux  un  successeur  qui  fut  capable  de 
bien  gouverner,  pltudt  que  d'abandonner  cette  charge  it  leurs  tils,  a  leurs  petits-flls  ou 
a  leurs  lieutenants,  comme  le  fit  Alexandre  le  Grand."  Mendieta  (Lib.  II,  cap.  XXXVII, 
pp.  15:5  and  154).  Torquemnda  (Lib.  XI,  cap.  XXVII,  p.  358) :  "  Confieso  de  la  Republica 
Mexicana  esta  manera  de  sucesion,  y  que  se  elegian  algunas  veces,  sin  diferencias, 
notando  solamente  las  qualidades  de  las  personas,  y  de  estos  fue  Itzcohuatl,  valeroso 
Rei  Mexicano,  que  por  el  valor  de  su  persona,  y  la  grandega  de  su  aninio,  no  se  ad- 
virstid.  ni  repaid  para  eligirle,  en  que  era  Hijo  de  una  Esclava;  pero  no  es  maravilla, 
que  el  bien  publico,  prefiera  al  particular."  I  forbear  quoting  the  tales  about  the  elec- 
tion of  sundry  Mexican  chiefs,  as  related  by  the  above  and  other  authors. 

220  Clavlgero  (Lib.  VII,  cap.  VI.  p.  463),  has  distinctly  formulated  the  idea :  "  that  the 
crown  should  always  remain  in  the  house  of  Acamapitzin."  Enough  has  been  said 
about  the  Mexican  family  to  dispel  the  notions  of  an  "Indian  dynasty"  in  Mexico. 
At  best,  a  succession  or  perpetuation  of  the  office  in  a  certain  Kin  or  calpulli,  might  be 
conceded.  Durdn  (Cap.  XI,  p.  103),  Codice  Ramirez,  (p.  58),  and  Zurita  (p.  14),  make 
even  this  somewhat  doubtful ;  so  does  the  election  of  Itzcohuatl,  as  conceived  by  Torque- 
mada  (Lib.  XI,  cap.  XXV1L  p.  358).  The  origin  of  "  Flinty  Snake  "  is,  however,  re- 
ported in  too  many  different  ways  to  justify  any  conclusion  based  on  it.  The  fact,  that 
one  of  the  four  leading  war-captains  should  become  "  chief  of  men,"  militates  against 
descent  of  office  in  a  certain  kin.  See  also  Joseph  de  Acosta  ('•  Hist.  not.  y  moral  de  los 
Indius,"  Lib.  VI.  cap.  24,  pp.  439  and  440). 

230  Sahagun  (Lib.  VI,  cap.  XX  ;  Lib.  VIII,  cap.  XXX).    Acosta  (Lib.  VI,  cap.  24). 

™  Las  Casus  (•'  Hist,  apologetica"  quoted  on  p.  124  of  Vol.  VIII  of  Lord  Kingsbor- 
ough's  collection) :  "Quando  algun  sefior  moria  y  dexava  muchos  hijos,  si  alguno  se 
alzava  en  palacio  y  se  queria  prel'erir  a  los  otros,  aunque  fuese  el  mayor,  no  lo  con- 
sentia  el  Senor  &  qui  en  pertenecia  la  conflrmacion,  y  menos  el  pueblo.  Antes  dexavan 
pasar  un  afio,  d  mas  de  otro,  en  el  qual  consideravan  bien  qual  era  mejor  para  regir 
6  gobernar  el  estado,  y  aquel  permanecid  por  sefior."  Zurita  (••  Rapport,  etc.,"  pp.  18 
and  19).  Torquemada  (Lib.  XI,  cap.  XXVTI,  pp.  358  and  359).  Further  quotations 
would  be  useless. 

232  In  addition  to  the  authoiities  named  in  note  228,  I  refer  to  Clavigero  (Lib.  VII, 
cap.  VI,  p.  403),  with  the  restriction  mentioned  in  note  229.  '-De  Vordre  de  Succession, 
etc."  (\st  Recueil  of  Ternaux-Cvmpans,  p.  228). 

-m  Zurita  ("  Rapport,  etc.,"  p.  69).  Sahagun  (Lib.  VIII,  cap.  I,  p.  272).  The  death 
of  Cuauhtemotzin  put  an  end  to  the  office  in  the  eyes  of  the  Spaniards,  although  it  had 


670 

of  the  tribe,  nncl  the  duties  of  his  office,  at  that  time  embracing 
those  of  the  "  Cihuacohuatl,"  have  been  stated  by  us  already. 
The  confederation  had  so  far  wrought  a  change  that  he  became 
"  genera]  "  of  its  allied  warriors,234  and  consequently  to  a  certain 
extent,  an  etftra-tribal  officer  residing  at  Tenuchtitlan,  Mexico, 
because  the  military  supremacy  was  vested  in  that  tribe.  We 
have  previously  alluded  to  the  fact  that  it  was  the  "  chief  of  men  " 
upon  whom  we  have  been  heretofore  accustomed  to  look  as  a 
monarch,  even  a  despot.  His  office  and  its  attributes  have  been 
the  mainstays  of  the  notion  that  a  high  degree  of  civilization  pre- 
vailed in  aboriginal  Mexico,  in  so  far  as  its  people  were  ruled 
after  the  manner  of  eastern  despotisms. 

Not  only  was  this  pretended  monarch  strictly  elective,  but  he 
could  also  be  deposed  for  misdemeanor.235  "  Wrathy  chief"  the 
younger,  better  known  as  the  last  Montezuma,  was  removed  from 
office  and  his  successor  elected  before  that  ill-starred  chieftain's 
violent  death.236 

been  formally  abrogated  by  the  capture  of  that  chieftain,  to  whom  no  successor 
was  appointed  by  the  whites. 

234 "  Tenure  of  Lands"  (p.  417).  TxtUlxochitl  ("  Histoire  des  Chichimiques,"  Cap. 
XXXII,  p.  219),  claims  for  his  Tezcucan  chief  the  military  command,  in  the  shape  of  an 
"imperial"  title:  "He  of  Tezcuco  was  greeted  by  the  title  of  Aculhua  Tecuhtli,  as  also 
by  that  of  Chichimecatl-Teeuhtli  which  his  ancestors  carried,  and  which  was  the 
distinctive  mark  of  the  empire."  I  believe  this  claim  was  disposed  of  in  "  Tenure  of 
Lands"  (p.  394,  notes  9  and  10).  See  also  Vetancurt  (Part  ITrt,  Trat.  I,  cap.  XIV,  p. 
291) :  '•  y  remataron  la  fiesta  qnedando  Izcohuatl  por  rey  supremo  del  imperio  tepaneca, 
por  ser  primero  que  Netzahualeoyotl."  See  also  the  tacit  acknowledgments  by 
Ixtliheochitl  ("  Hist:  des  ChichimSques,"  Cap.  XXXVIII,  LXXIV,  LXXV). 

235  Vetancurt  ("  Tealro  Mexicavo,"  Parte  II,  Trat.  II,  cap.  XV,  p.  485) :  "  Otras  muchas 
leyes  extravagantes  que  con  el  instinto  natural,  con  maduro  consejo  conflrmaron  y 
que  inviolablemente  guardaban.  tenian  los  Mexicanos  y  los  de  Guatimala,  como  el  de 
deponer  al  rey  con  junta  y  consejo  de  la  nobleza.'' 

236  That  "  wrathy  chief"  had  lost  all  his  authority  during  the  time  Cortes  went  against 
Narvaez,  is  clearly  stated  in  "  Carta  Segunda"  (Vedia  I,  pp.  41  and  42)  already,  though 
the  fact  of  his  removal  from  office  is  not  noticed  by  the  Spanish  commander  himself. 
It  is,  however,  mentioned  by  Bernal  Diez  de  Castillo  (Cap.  CXXVI,  p.  132). 
Montezuma  said  to  Olid  and  to  the  "Padre  de  la  Merced:"  "Yo  tengo  creido  que  no 
aprovechare  cosa  ninguna  para  que  cese  la  guerra,  porque  ya  tienen  alzado  otro  sefior 
...  ;"  and  again  the  Mexicans  themselves  are  reported  as  answering  to  Montezuma: 
"  Hacemosos  saber  que  ya  hemos  levantado  S.  nn  vuestro  primo  por  sefior."  Las  Casus 
("  Breuissimrt  Relacion,"  p.  49),  Alvarado :  "  Ponen  un  pufial  a  los  pechos  al  preso 
Motencuma  que  se  pusiesse  a  los  corredores,  y  mandasse,  que  los  Yndios  no  com- 
batiessen  la  casa,  si  no  que  se  pusiessen  en  paz.  Ellos  no  curaron  entonces  de 
obedecelle  en  nada;  antes  platicauan  de  elegir  otro  Sefior,  y  capitan,  que  guiasse  sus 
batallas."  Sahagun  (Lib.  XII,  cap.  XXI,  pp.  28  and  29):  "  Oidas  estas  voces  por  los 
Mexicanos  y  Tlatilulcas,  commencaron  entre  si  a  bravear,  y  maldecir  a  Moothezuma 
diciendo  que  dice  el  puto  de  Mocthezuma  y  tii  bellaco  con  el?  no  cesaremos  de  la 
guerra;  luego  comenzaron  a  dar  alaridos  y  a  tirar  saetas  y  dardos  acia  donde  estnba 
el  que  hablaba  junto  con  Mochthecuzuma."  This  was  before  Cortes  had  even  captured 
Narvaez,  and  shows  that  at  that  time  the  "chief  of  men  "  had  already  lost  all  authority. 
Codice  Ramirez  (p.  89).     When  the  other  chief  who  was  with  Montezuma  had  spoken  : 


671 

Among  the  duties  of  the  "  chief  of  men,"  we  notice  first  that 
of  residence  at  the  "  tecpan  "  or  official  house.237  This  is  com- 
monly stated  to  be  a  royal  privilege,  whereas  it  was,  in  fact,  a 
burthen,  as  it  simply  meant  that  lie  occupied  the  position  of  head 
of  the  official  household  of  the  tribe.238  The  formation  of  this 
household  we  have  elsewhere  described.239  It  was  a  communal 
group,  consisting  of  the  head-war-chief  and  his  family,  together 
with  such  assistants  (and  their  families,  if  any),  as  were  required 
for  the  transaction  of  daily  business.240  The  "tecpan"  is  appro- 
priately called  :  "  house  of  the  community,"  "  casa  de  comunidad," 
by  Fray  Juan  de  Torquemada,241  and  its  residents  were  placed 
and  kept  there  for  the  purpose  of  extending  tribal  hospitality,  and 
for  the  furtherance  of  tribal  business  and  extra-tribal  relations. 
This  "official  family"  had  to  wait  upon  the  officers  and  chiefs  who 

"  un  animoso  capitan  llamado  Quauhtemoe  de  edad  de  diez  y  ocho  anos  que  ya  le 
qnerian  elegir  por  Rey  dijo  en  alta  voz : "  "Que  es  lo  que  dize  este  bellaco  de  Mote- 
cuczuma,  muger  de  los  espanolos,  que  tal  se  puede  llamar,  pues  con  animo  mugeril  se 
entrego  a  ellos  de  puro  miedo  y  asegurandonos  nos  ha  puesto  todos  en  este  trabajo? 
No  le  queremos  obedecer  porqne  ya  no  es  nuestro  Rey,  y  como  a  vil  hombre  le  hemos 
de  dar  el  castigo  y  pago."  Fragmento  No.  2  {Noticias  lielativas  a  la  Conquista,"  etc., 
p.  143):  "  y  ellos  le  deshonraron  y  llamaron  el  Cobarde."  Torquemada  (Lib.  IV,  cap. 
LXVIII,  p.  494) :  "  solto  a  un  Hermann  de  Motecuhcjuma,  Senor  de  Iztapalapan,  y  los 
Mexicanos,  ni  hicieron  el  Mercado,  ni  le  dexaron  bolver  a  la  Prision,  y  le  ellgieron  por 
su  Caudillo"  (Id.  Cap.  LXX,  p.  497).  Vetancurt  ("  Teatro,"  Parte  III«,  Trat.  I,  cap. 
XIV,  p.  125,  cap.  XV,  pp.  130,  131).  Herrera  (Dec.  II,  lib.  X,  cap.  VIII,  p.  204).  It  is 
very  interesting  to  notice  that  Torquemada  and  Herrera  use  identically  the  same 
words.    Their  versions  are  the  fullest. 

237  Tenure  of  Lands  (pp.  409  and  410).  Durdn  (Cap.  XXVI,  p.  214)  :  "  Y  asi.  lo  pri- 
mero  que  se  ordeno,  fue  que  los  reyes  nunca  salicsen  en  publico,  etc.,  etc."  It  is 
scarcely  necessary  to  prove  this  at  any  length,  by  quotations. 

238  Tenure  of  Lands  (p.  409).  Herrera  (Dec.  III.  lib.  IV,  cap.  XVII,  p.  138):  "Estos 
Tributos  eran  para  el  bien  publico,  para  las  Guerras,  para  pagar  &  los  Governadores,  i 
Mini.-tros  de  Justicia,  i  Capitanes,  porque  toda  esta  Gente  comia,  de  ordinario,  en  el 
Palacio  del  Rey,  adonde  cada  uno  tenia  su  asiento,  i  lugar  conocido,  segun  su  ofieio, 
i  Calidad,  .  .  ."  Sahagun  (Lib.  VIII.  cap.  XIII,  p.  301) :  ••  Y  despues  que  habia  comido 
el  senor,  mandaba  a  sus  pages,  6  servldores,  que  diesen  de  comer  a  todos  los  seiiores  y 
embajadores  que  habian  venido  de  algunos  pueblos,  y  tambien  daban  de  comer  a  los 
que  guardaban  el  palacio.  Tambien  daban  de  comer  a  los  que  criaban  los  mancebos 
que  se  llaman  telpuchtlatos  y  a  los  Satrapas  de  los  idolos.  Asimismo  daban  de  comer 
a  los  cantores,  a  los  pages,  a  todos  los  del  palacio,  etc.,  etc.  .  .  ."  Tezozomoc  (Cap. 
LXXXII,  p.  144).    The  latter  is  very  positive,  mentioning  it  as  a  duty. 

239  Tenure  of  Lands  (pp.  409  and  410). 

240The  information  on  this  point  goes  back  to  Cortes  ("Carta  Segunda"  Vedia  I, 
p.  35):  "La  maneia  de  su  servicio  era  que  todos  los  dias  luego  en  amaneciendo  eran 
en  su  casa  de  seiscientos  seiiores  y  personas  personales,  los  cnales  se  sentaban,  y  otros 
andaban  por  unas  salas  y  corredores  que  habian  en  la  dicba  casa,  etc.,  etc."  The  other 
eye-witnesses  are  hardly  as  positive.  The  exaggerated  reports  of  Oviedo  (Lib. 
XXXIII,  cap.  XLVI,  p.  505),  Torquemada  (Lib.  Ill,  cap.  XXV,  p.  296),  Vetancurt 
("  Teatro,"  Parte  Ho,  Trat.  1°.  cap.  XXIII,  pp.  356,  357,  etc.),  Herrera  (Dec.  II,  lib.  VII, 
cap.  IX,  pp.  183,  184)  and  others,  simply  prove  that  the  ''tecpan"  was  permanently 
occupied  by  a  numerous  household,  of  which  the  "  chief  of  men  "  was  the  head. 

241  "  Monarquia  Indiana"  (Lib.  VI,  cap.  XXIV,  p.  48). 


672 

daily  transacted  affairs  at  the  "  tecpan,"  to  carry  their  victuals 
to  the  halts  in  which  their  sessions  were  held  and  also  to  wait  upon 
the  foreign  official  guests  (often  enemies)  who  were  received  in 
separate,  even  secluded,  quarters.242     But  their  main  duty  con- 

242  Sahagun  (Lib.  VIII,  cap.  XIII,  p,  301,  as  copied  in  note  238).  Zurita  (•'  Rapport" 
etc.,  p.  96) :  •'  II  y  avait  dans  les  palais  ties  sonverains  des  appartements  vastes,  eleves 
de  sept  &  hnit  marches  comme  nos  entre-sol,  et  destines  a  la  residence  des  juges."  (P. 
100):  "  De  bonne  heure  on  apportait  au  palais  ineme  les  rep  a  s  des  magistrate."  This 
would  imply  that  the  food  was  brought  to  the  ''tecpan"  from  the  pi  ices  where  the 
members  of  the  council  ('•  tecutlatoca")  actually  resided.  This  is  positively  contra- 
dicted by  Tezozomoc  ("  Cronioa,,'  Cap.  LXXXII,  p.  141),  who  makes  it  one  of  the  duties 
of  the  "chief  of  men."  "con  los  viejos  y  viejas  mucho  amor,  daudoles  para  el  sustento 
humano:  regalados  los  principales,  teniendolos  en  mucho,  y  dandoles  la  honra  que 
merecen  :  llamarles  cada  dia  al  palacio  que  coman  con  vos,  ganaudoles  las  voluntades, 
que  con  ellos  esta  el  sostener  el  imperio,  buenos  consegeros,  buenos  aniigos,  que  por 
ellos  os  es  dado  cl  asiento,  silla,  estrados,  honra,  senorio,  mando  y  ser."  Such  an 
extensive  meal  of  the  tribal  officers  is  also  intimated  by  the  same  author  as  having 
been  customary  witli  the  Xoehimilcas, —  a  tribe  well  known  as  being  closely  allied  to 
the  Mexicans, —  where  he  says  (Cap.  XVI,  pp.  25  and  26) :  "  Las  Indias  mugeres  de  las 
Xochimilcas,  lavando  nmy  bien  el  itzcahuitl,  tecuitlatl,  y  otras  cosas  salidas  de  la 
laguna,  y  lavado,  y  limpiamente  lleuandolo  al  palacio  de  Tecpan  para  que  le  comiesen 
los  principales,  y  comenz  indolo  a  comer  estava  muy  sabrosa,  y  prosiguiendo  en  su 
comida,  etc.,  etc.  .  .  ."  Zurita  ("  Rapport,"  etc.,  p.  49),  speaking  of  certain  chiefs, 
says:  ''Outre  ces  avantages,  le  souverain  supreme  payait  line  solde  8  ces  chefs,  et 
leurfaisait  delivrer  des  rations.  Ceuxcise  tenaient  continuellement  dans  son  palais 
pour  former  sa  cour."  It  is  to  these  "  chiefs,"  which  were  none  other  than  the  members 
ol  the  council,  that  Gomara  (Vedia  I.  p.  342)  refers,  copying  Cortes  ("  Carta  Se- 
gunda,"  Vedia  I,  p.  35),  who  adds,  however:  "E  al  tiempo  que  traian  de  comer  al 
dicho  Muteczuma,  asimismo  lo  traian  a  todos  aquellos  seiiores  tan  cumplidamente 
cuanto  a  su  persona,  y  tambien  a  los  servidores  y  gentes  destos  les  daban  sus  raciones. 
Habia  cotidianamente  la  dispensa  y  botilleria  abieria  para  todos  aquellos  que  qnisiesen 
comer  y  beber."  The  chaplain  lias  added  to  Cortes'  relation  some  items  tending  to 
increase  or  enhance  the  importance  of  the  meals,  whereas  he  has  suppressed  the 
above,  very  important,  passage.  Compare  Vedia:  (Tom.  I.  p.  345).  His  statements 
agree  tar  better  with  those  of  Bernal  Diez  ("  Hist,  verd."  Vedia  II,  cap.  XCI,  pp.  86 
and  87).  The  fact  of  the  "official  household"  being  entrusted  with  the  dispensation 
of  tribal  hospitality  is  therefore  certain.  The  members  of  the  council  ate  there  also, 
as  proven  by  Zurita  (p.  96),  Sahagun  (Lib.  VIII,  cap.  XIII,  p.  301),  Mendieta  (Lib.  II, 
cap.  XXVI II,  p.  134) :  "  traianles  algo  temprano  la  comida  de  palacio,"  and  it  is  implied 
by  Torquemada  (Lib.  XI,  cap.  XXV.  p.  352):  "Estos  Jueces  oian  de  ordinario,  en 

especial  de  causas  criminales,  todos  los  Dias  it  manana.  3'  tarde, asistian  en 

sus  Salas,  que  las  liavia  en   la  casa  del  Rei,  partieulares "    He  is  even  very 

positive  (Lib.  Ill,  cap.  XXV,  p.  296):  "No  solo  tenia  este  Grande,  y  Magniflco  Empera- 
dor  casas  muy  cumphdas,  y  Salas,  y  Aposentos  grandiosas,  para  sn  Morada,  para  sus 
Consejos.  y  Seiiores,  y  toda  la  demas  Gente,  que  llegaba  a  ser  digna  de  su  hospedage, 
y  recibimiento,  donde  como  su  misma  Persona  Keal  eran  servidos,  y  acariciados  .  .  ," 
also  (Lib.  IV,  cap.  L.  p.  459).  He  also  says  of  "  Fasting  Wolf,"  headchief  of  Tezcuco 
(Lib.  II,  cap.  LIII.  p.  167) :  "  no  fue  menos  en  el  gasto  de  su  Casa,  asi  para  su  Persona, 
como  para  hacer  Hospicio  ordinario  a  todos  los  que  Servian  en  su  Palacio,  y  otros 
muchos  Seiiores,  que  comian  en  su  Casa,  cada  Dia,  .  .  ."  Petrus  Martyr  of  Anghiera 
("  De  nouo  Orbe,"  etc.,  Dec.  Ill,  cap.  X,  pp.  231  and  232).  Clarigero  (Lib.  VII,  cap. 
XVI,  p.  482),  about  Tezcuco.  In  regard  to  Mexico  he  is  very  positive  (Lib.  V,  cap.  Ill, 
p.  304).  Further  quotations  are  useless.  I  shall  merely  refer  to  the  "  Codex  Mendoza" 
(plate  LXX)  and,  for  the  sake  of  analogy  with  the  tribes  of  QQuiche-stock  in  Guate- 
mala, to  the  "  Popol  l'uh"  (p.  305):  "Are  qui  cuchbal  quib  ri-oxib  chi  nim-ha  u  bi 
cacmal,  chili  cut  chi  c'uqah-vi  c'uquiya,  .  .  .  ." 


673 

sisted  in  preparing  and  serving  every  day  an  extensive  meal,  of 
which  not  only  all  the  members  of  the  household,  several  hundreds 
in  number,  partook,  but  every  one  who,  either  on  business  or  as 
an  idler,  happened  to  be  on  or  about  the  premises.243  It  was  the 
duty  of  the  "chief  of  men"  himself  to  open  this  rude  clannish 
feast,244  and  it  pertained  to  his  office  to  represent  the  hospitality 
and  dignity  of  the  tribe  on  such  occasions.     Hence  the  peculiar 

That  the  delegates  from  foreign  tribes  were  quartered  at  the  "tecpau"  is  plainly 
stated  by  Sahagun  (Lib.  VIII,  cap.  XIX,  p.  808):  "  Habia  otra  sola  que  se  llamaba 
Coacalli:  en  este  lugar  se  aposentaban  todos  los  senores  forasteros,  que  eran  amigos 

6  enemlgos  del  sefior "  ;  "  Codice  Ramirez"  (p.  75):  •' Vinieron  a  estas  fiestas 

hasta  los  propios  enemigos  de  los  Mexicanos,  como  eran  los  de  Michhuacan  y  los  de  la 
provincia  de  Tlaxcala,  a  los  quales  hizo  aposentar  el  Key  y  tratar  como  a  su  misma 
persona,  y  hazerles  tan  ricos  miradores  desde  donde  viessen  las  fiestas,  como  los 
suyos;"  Lurdn  (Cap.  XJ.,  p.  317.  cap.  XLIII.  p.  347):  "Fasting  child"  of  Tezcuco 
"aposentandole  en  nil  lugar  que  ellos  Hainan  Teccalli.  que  quiere  decir,  palacio  Real." 

"Luego  llego  el  rey  de  Tacuba  con  todos  sus  principales  y  senores a  quien  no 

menos  lionra  y  cortesfa  se  hizo  que  al  de  Tezcuco.  poniendole  en  el  mismo  palacio, 
junto  a  Necaualpilli."  The  delegates  from  Tlaxcallan,  Iluexotzinco,  and  Cholula  were : 
"Llevados  al  palacio  real,  donde  les  tenian  aparej  ido  un  retraimiento  oculto  y 
escondido,"  and  "fueron  aposentados  en  el  mismo  lugar"  those  of  Michhuacan  and 
others  (pp.  350  and  351),  also  (Cap.  LI  V,  pp.  428  and  429,  and  LVIIt,  p.  459,  etc.).  These 
authors  are  also  fully  conlirmed  by  Tezozomoc  ("  Cronica,"  Cap.  LXIV.  pp.  106  and 
107;  cap.  LXVIII,  p.  Ill;  cap.  LXXXVI,  p.  151),  Ixtlilxochitl  ("  Histoire  des  ChichimS- 
ques,"  Cap.  XXXVI,  p.  254,  speaking  of  Tezcuco).  Torquemada  (Lib.  XIV,  cap.  I,  pp. 
534  and  535).  The  latter  distinguishes  between  the  "calpixca"  and  "el  palacio," 
stating  that  delegates  were  quartered  at  the  former.  But  since  he  himself  (Lib.  VI, 
cap.  XXIV.  p.  48)  calls  the  "tecpan"  casa  del  coinun"  —  a  name  given  by  him  to  the 
"calpixca"  —  and  we  know  from  Sahagun  (Lib.  VIII.  cap.  XIX,  p.  307)  that  the 
"calpixcacalli"  was  a  hall  of  the  "tecpan,"  there  can  be  no  doubt  as  to  the  fact,  that 
the  "  tecpan  "  was  also  the  place  where  delegates  were  received,  lodged  and  fed,  at  the 
expense  of  the  tribe. 

When,  in  1537,  the  Bishop  Las  Casas  sent  certain  traders  with  full  instructions  and 
"implements  for  conversion,"  to  the  Indians  of  "Tuzulutlan"  or  of  the  "Tierra  de 
Guerra  "  Fray  Antonio  de  liemesal  ("  Historia  de  la  Provincia  de  S.  Vicente  de  Chyapa," 
etc.,  etc.,  Lib.  III.  cap.  XV.  p.  135):  Y  como  en  aquel  tiempo  no  auia  mesones  ni  casas 
de  comunidad,  todos  los  forasteros  que  llegauan  al  lugar  acudian  a  pasar  en  casa  del 
senor,  que  los  recebia  humanamente,  hospedaua  y  daua  de  comer  conforme  la  calidad 
de  la  persona,  y  el  forastero  reconocia  el  bien  recibido,  6  que  auia  de  recibir,  ponlendo 
a  los  pies  del  senor  algun  presente  conforme  a  su  posibilidad."  The  traders,  therefore, 
"took  lodgings"  at  the  official  house,  — the  tecpan,— and  staid  there  (as  we  may 
read  p.  130  of  the  Friar's  history)  until  they  had  performed  their  work  of  opening  the 
country  to  the  preaching  of  the  gospel.  The  comparison  with  Cortes,  being  also 
quartered  at  the  "  tecpan  "  of  Mexico,  is  indeed  striking. 

243  Descriptions  of  this  meal  are  so  abundant,  that  it  is  hardly  worth  while  to  refer 
to  them  in  detail.  I  would  only  call  particular  attention  to  the  statements  of  Cortes 
(■'  Carta  Segunda,"  Vedia  I,  p.  35),  Denial  diez  de  Castillo  (••  Hist,  verdadera,"  etc.,  etc., 
Cap.  XCI,  pp.  80  and  87,  of  Vedia  II).  Andre's  de  Tdpia  (•'  Relacion  sobre  la  Conquista  de 
Mexico,"  Col.  de  Doc's  II,  p.  5sl).  These  statements,  made  by  eye-witnesses,  if  viewed 
in  their  proper  light  and  compared  with  those  of  subsequent  writers,  fully  corroborate 
the  views  of  L.  H.  Morgan  ("  Montezuma's  Dinner"  in  N.  American  Review,  1876),  that 
this  meal  was  but  an  official  communal  one,  given  by  the  official  household  of  the  tribe, 
as  part  of  its  daily  duties  and  obligations. 

244 1  cannot  refrain  here  from  recalling  the  description  of  the  meal  given  to  the  Clan 
Mclvor  by  its  chief  '•  Fergus  Mclvor,  Vich  Ian  Vohr,"  —  so  graphically  pictured  by  Sir 


674 

earnestness  of  liis  manner  which  eye-witnesses  have  mistaken  for 
the  haughtiness  of  a  tyrant.245 

These  duties  not  only  necessitated  official  residence  at  the 
"  official  house,"  but  even  permanent  stay  there,  unless  important 
business  required  the  chief's  absence.246  Such  absence,  however, 
could  only  be  justified  by  official  duties,  and  then  the  kt  chief  of 
men "  had  to  appear  with  all  the  tokens  and  emblems  of  his 
rank.247  If  otherwise,  he  might  indeed,  go  about,  but  he  lost  all 
claim  to  official  recognition.248  Hence  the  statements  are  true 
in  the  main,  however  exaggerated  in  detail,  that  great  decorum 
was  observed  towards  the  "chief  of  men"  whenever  he  appeared 
in  public,  that  he  was  addressed  with  marked  deference,  and  that 
a  certain  pomp  surrounded  him  on  such  occasions.2.49  These 
occasions  were,  of  course,  opportunities  for  the  display  of  Indian 

Walter  Scott  in  "Waverley."  As  to  the  part  played  by  the  '"chief  of  men"  see  par- 
ticularly Bernal  Dies  (Cap.  XC1,  p.  86,  Vedia  II). 

246 This  particularly  earnest  mien  is  noticed  by  all  authors.  It  is  strictly  Indian, 
and  found  among  the  rudest  tribes. 

'-'""•  Puriin  (Cap.  XXVI,  p.  214):  "  Y  asi,  lo  primero  <|iie  se  ordeno,  fue  que  los  reyes 
nunca saliesen  en  publico,  sino  a  cosas  mny necesarias  yforcosas."  Codice  Ramirez 
(p.  76) :  •'  I>e  ordinario  estaba  retirado  saliendo  mny  pocas  vezes  5  vista  del  pueblo." 

24-  Vurdn  (Cap.  XXVI,  p. 214),  Sahagun  (Lib.  VIII,  cap.  X,  i>.  291).  It  is  distinctly 
asserted  by  the  former  that,  what  he  has  called  "corona  real"  could  only  be  worn  by 
the  "chief  of  men"  and  the  "  snake-  woman."  This  head-dress,  very  appropriately 
termed  by  the  Spaniards,  "  half  mitre"  ("  media  mitra  ")  is  limned  by  many  authors  of 
native  origin.  See  Codex  Mendoza  (plates  II  to  XIV,  also  I, XX),  Puriin  (Lam  in  as  2  to 
14.  also  16,  IS.  to  24  etc.),  Codice  Ramirez  (plates  t  and  5).  It  is  called  •'  Xiuhuitzolli " 
by  the  Mexicans.  See  also  Molina  (Parte  la,  p.  30  and  Ila,  p.  1G0)  from  "Xiuitl" 
turquoise  or  green  stone,  and  is  totally  different  from  the  head-dress  worn  by  the  "  chief 
of  men  "  in  the  Held.    Compare  "Art  of  War  "  (p.  126). 

248 This  explains  the  stories  about  the  "  incognito  "  ramblings  of  "  Fasting  Wolf"  of 
Tezcuco,  so  frequently  repeated  after  the  Ixtlilxochitls,  as  well  as  that  of  the  arrest 
of  "Wrathy  Chief  "  (the  last  Montezuma)  for  appropriating  corn  out  of  a  Held.  The 
latter  tale  is  beautifully  told  by  7/.  H.  Bancroft  (Vol.  II,  pp.  451,  452)  after  the  best 
authorities. 

-4'J No  author  has  been  more  prolific  in  pictures  of  pomp,  regal  wealth  and  magnifi- 
cence, than  Bernal  Diez  de  Castillo  ("  Historia  verdadera,"  etc.,  etc.,  Cap.  LXXXVIII, 
XCI  ami  XCII,  etc.).  Most  of  the  later  writers  have  placed  undue  reliance  on  his 
statements,  assuming  that  the  truthfulness  with  which  he  "gave  vent"  to  his  own 
individual  feelings  and  impressions,  was  the  result  of  cool,  impassionate  observation. 
Anyone  who  has  read  attentively  (and  not  merely  glanced  over  at  random  for  the 
purpose  of  obtaining  quotations)  his  protracted  "  Memoires,"  will  become  convinced 
that  he  is,  in  tact,  one  of  the  most  unreliable  eye-witnesses,  as  far  as  general  principles 
are  concerned.  In  every  detail  where  his  personal  feelings  are  not  iuvolved  or  by 
■which,  even  at  the  late  date  when  he  wrote,  they  were  not  involuntarily  aroused,  he  is 
much  more  trustworthy  than  when  he  takes  special  pride  or  pains  to  be  very  explicit. 
Thus,  it  is  curious  to  compare  his  description  of  "  Wrathy  Chief's"  reception  of  Cortes 
with  that  given  subsequently  by  the  "Marquis  del  Valle"  himself,  ("  Carta  Segunda." 
Vedia  I,  p.  25).  It  was  doubtlessly  the  greatest  effort  at  pomp  and  display  ever 
attempted  by  the  Mexicans,   since  they  went  to  meet  and  greet  the   most  incom- 

Report  Feabody  Museum,  II.  43 


675 


finery,  when  a,  number  of  articles  were  used  to  deck  the  "  chief 
of  men "  as  his  official  insignia,  but  the  custom  of  speaking  to 


prehensile  beings  ever  heard  of  by  them.    It  is  interesting  to  place  both  versions  side 
by  -ide.    The  translation  is  my  own  and  1  therefore  beg  for  indulgence. 


Cortes.    Second  Dispatch. 

"At  that  place  more  than  a  thousand 
principal  people  came  to  greet  and  to 
speak  to  me,  all  citizens  of  the  said  city, 
and  all  dressed  alike  and  according  to 
their  custom  very  richly,  and  when  they 
came  to  speak  to  me,  every  one  of  them 
made,  before  coming  up,  a  particular 
ceremony,  customary  among  tliein,  which 
consisted  in  each  one  of  them  putting 
his  hand  on  the  ground,  kissing  it;  and 
in  this  manner  1  waited  almost  an  hour 
until  each  one  had  made  his  ceremony." 

" After    we    had    passed    that 

bridge,  this  lord  Muteczuma  came  to 
receive  us  witli  about  two  hundred  Lords, 
all  barefooted  and  dressed  in  other  livery 
or  manner  of  clothing,  also  very  rich 
after  their  custom,  and  more  so  than  that 
of  the  others.  They  came  in  two  pro- 
cessions, closely  hugging  the  walls  of  the 
street  which  is  very  broad,  fine,  and 
straight,  so  that  from  one  end  of  it  the 
other  end  may  be  seen,  and  two-thirds  of 
a  league  ('-legua'')  in  length,  with  very 
good  buildings  on  both  sides,  dwellings 
as  well  as  temples.  And  the  said  Mutec- 
zuma went  in  the  middle  of  the  street 
with  two  chiefs,  one  to  his  right  and  the 
other  to  his  left.  One  of  these  was  the 
same  one  who,  as  I  said,  had  come  to 
speak  to  me  in  the  litter,  and  the  other 
was  the  said  Muteczuma's  brother,  lord 
of  that  city  of  Iztapalapa  which  I  had 
left  that  day.  All  three  were  dressed 
alike,  except  Muteczuma  who  wore  soles 
to  his  feet,  whereas  the  other  two  chiefs 
had  none  and  supported  him  by  his 
arms " 


Bernal  Diez  de  Castillo.     Cap.  88. 

"  When  we  reached  the  place  where 
another  pathway  (dyke)  branched  oft"  to 

Cuyoacan, many  principals  and 

caciques  came,  covered  with  very  rich 
mantles,  with  ornaments  and  liveries, 
those  of  one  cacique  different  from  those 
of  another,  and  the  dykes  were  tilled  by 
them.  These  great  caciques  were  sent 
by  the  great  Montezuma  ahead  to  receive 
us,  and  as  they  arrived  before  Cortes  they 
bid  us  welcome,  touching  the  ground  and 
kissing  it  in  token  thereof."  "Thus  we 
were  detained  a  good  while,  and  from 
there  the  Cacamacan,  chief  of  Tezcuco, 
and  the  chief  of  Iztapalapa,  and  the  chief 
of  Tacuba  and  the  chief  of  Cuyoacan 
went  forward  to  meet  the  great  Monte- 
zuma who  approached  in  a  rich  litter, 
accompanied  by  other  great  Lords  and 
caciques  holding  vassals.  And  when  we 
neared  Mexico,  where  there  were  other 
small  towers,  the  great  Montezuma  de- 
scended from  his  litter,  and  these  great 
caciques  took  hold  of  his  arms,  advancing 
with  him  under  a  marvellously  rich  can- 
opy of  green  plumes  witli  large  golden 
ornaments,  much  silver,  and  pearls  and 
stones  of  "  Chalchihuis  "  suspended  from 
it  as  fringes,  and  very  dazzling  to  the  eye. 
The  great  Montezuma  was  very  richly 
dressed  after  their  custom,  with  cotaras 
on  his  feet  (as  they  are  called),  with 
golden  soles  and  much  jewelry  over 
them.  The  four  lords  who  came  with  him 
were  also  richly  dressed,  though  not  in 
the  same  manner  as  when  they  had  come 
out  to  receive  us, —  as  if  they  changed 
dress  on  purpose  under  way.  Besides 
these  Lords,  there  came  other  great  caci- 
ques who  bore  the  canopy  over  their 
heads,  and  other  many  Lords  preceded 
the  great  Montezuma  sweeping  the  ground 
before  him  and  placing  ropes  for  him  to 
step  upon.  None  of  these  Lords  ventured 
to  look  him  in  the  face,  but  all  had  their 
eyes  cast  down,  except  those  of  his  rela- 
tives and  nephews  who  supported  him 
by  the  arms. 


676 

him  with  downcast  eyes  was  not  so  much  a  mark  of  particular 
respect,  as  a  thoroughly  Indian  habit  of  shy  suspicion,  common 

A  third  eye-witness,  Andres  de  Tdpia  ("Relation,"  etc.,  Col.  tie  Doc's,  II,  p.  579), 
simply  says :  '■  The  said  Mutecziinia  went  in  the  middle  of  the  street,  and  all  the  rest 
of  the  people  were  along  the  walls,  close  to  them,  as  such  is  their  custom." 

The  version  of  Bernal  Diez  is  corroborated  by  Oviedo  ("  Hist,  general"  etc.,  Lib. 
XXXIII,  cap.  XLV,  p.  500),  from  information  derived  by  him  of  "  some  knights  and 
soldiers  who  had  taken  part  in  the  conquest  of  New  Spain"  (Title  of  Chapter  XLV,  p. 
491).    But  the  old  chronicler  does  not  give  the  names  of  his  informants. 

The  same  question  recurs  here,  which  we  have  already  discussed  in  regard  to  the 
fights  with  the  Tlaxcalteca  (-'Art  of  War,"  p.  155,  note  20!),  and  here  again  we  reach 
the  same  conclusion  namely:  that  Bernal  Diez  de  Castillo,  ''bent  upon  recollecting 
personal  incidents,  and,  from  his  subaltern  position"  less  able  to  see  closely,  in  this 
instance,  magnifies  the  importance  of  the  action  beyond  the  limits  of  truth. 

It  is  easily  noticed,  how  much  more  sober,  and  therefore  less  pompous,  are  the 
statements  of  the  Spanish  commander  and  of  his  lieutenant,  than  those  of  the  common 
soldiers,  including  Oviedo's  anonymous  informants.  And  it  should  be  remembered 
that  Cortes,  who  was  the  chief  actor  in  the  scene,  certainly  saw  more  of  it  and  saw  it 
far  better  than  any  of  the  others.  Furthermore,  at  the  time  he  wrote  his  report  (the  30  of 
October,  1520,  or  only  about  one  year  after  the  date  of  the  occurrence),  Cortes  had 
pei  sonal  and  political  motives  to  magnify  and  embellish  the  picture.  If  his  statements, 
therefore,  fall  far  below  those  of  his  troopers  in  thrilling  and  highly  colored  details, 
there  is  every  reason  to  believe  that  they  are  the  more  reliable  and  trustworthy. 

Referring,  therefore,  to  the  description  by  Cortes,  we  find,  on  the  whole,  nothing  but 
a  barbarous  display  common  to  other  Indian  celebrations  of  a  similar  character. 
Of  the  Mexicans  themselves,  a  number  of  such  receptions  are  related  by  aboriginal 
authors.  I  particularly  refer  to  Tezozomoc  ("  Cronica,"  etc.,  Cap.  XXVII,  pp.  41  and  42). 
Upon  the  return  of  the  Mexicans  from  their  successful  raid  on  Tecamachalco  and 
Tepeaca:  ''the  Mexicans  were  received  in  triumph,  with  horns,  trumpets  (?),  flowers, 
and  frankincense.  The  old  men  of  the  tribe,  carrying  censers  and  roses,  stood  in  two 
rows  on  each  side  of  the  way,  their  hair  tied  on  the  back  of  their  heads  with  strips  of 
red  leather,  called  cuauhtlalpiloni,  with  shields  in  their  hands,  rods  — cuauhtopilli,— 
and  rattles,  in  token  of  old  age  and  of  being  fathers  to  such  braves.  Between  them 
the  Mexican  troop  had  to  pass,— and  these  are  called  cuacuacuiltzin.— taking  in  the 
middle  the  captains,  and  the  prisoners  which  they  had  brought  from  the  four  pueblos ;  " 
also  (Cap.  XXIX),  though  it  is  less  explicit,  about  the  return  from  the  foray  against  the 
Huaxtecas;  (Cap.  XXXVIII  p.  62),  speaking  of  the  return  from  the  foray  against 
Huaxaca:  "Then  Moctezuma  commanded  to  all  the  old  men  and  to  the  principal  Mexi- 
cans to  go  out  and  receive  the  returning  warriors  with  much  mirth  and  joy.  They  met 
them  in  the  road,  and  greeted  them,  incensing  them  with  much  copal,  which  is  like 
unto  myrrh,  and  a  mark  of  great  honor,  token  of  triumph  in  war;"  (Cap.  XLIX,  p. 
79):  "At  Mazatzintamalco  (which  has  since  become  garden  of  the  Marquis  del  Valle), 
the  old  men,  Cuauhuehueques,  and  the  Mexican  council  were  arrayed  in  line  to  receive 
him,  each  one  with  his  calabash-rattle,  and  armed  with  shields  and  macanas,  wearing 
ichcahuipiles,  and  with  the  hair  tied  up  on  the  back  of  the  head  with  straps  of  red 
leather.  Along  the  road  there  were,  at  intervals,  bowers  and  huts  decked  with  roses, 
and  the  old  men  joined  the  procession  which  moved  into  Mexico-Tenuchtitlan,  directly 
up  to  the  temple  of  Huitzilopochtli."  This  was  when  -'Face  in  the  Water"  returned 
from  the  raid  against  the  Matlatzincas;  — (Cap.  LI1,  p.  85)  when  the  same  "chief 
of  men"  returned,  beaten  and  defeated  by  the  Tarasca  of  Michhuacan,  the  same 
reception  was  made  to  him,  only  with  groans,  and  wails  of  grief  and  mourning;  also 
(Cap.  LYIII,  p.  96,  Cap.  LXII,  p.  104,  etc.,  etc.).  It  follows  from  the  above  that  the 
reception  of  Cortes  and  whatever  barbarous  display  attended  it,  was  strictly  according 
to  established  custom.  Similar  receptions  were  made  to  trading  companies  returning 
with  particular  success.  Sahagun  (Lib.  IX,  cap.  II,  p.  339).  "They  went  in  pro- 
cession like  two  files,  one  of  priests  and  the  other  of  chiefs,  and  they  met  them  in 


677 

even  now  to  much  ruder  tribes  ;250  and  the  ornaments  and  peculiar 
garments,  like  the  head-dress  so  veiy  appropriately  designated 
by  the  Spaniards  as  a  "  half-mitre,"  and  other  articles  already 
described  by  us  on  a  former  occasion  were  not  worn  by  him 
alone,  as  the  "  Cihuacohuatl"  enjoyed  the  same  privilege.251 
Tins,  and  the  burial-rites  to  which  we  cannot,  here,  refer  in  detail,252 

tlie  pueblo  of  Acachinanco,"  to  the  south  of  Mexico,  in  the  direction  of  San  Antonio 
A  bad,  says  Bustamante  (note  a).  This  was  while  "Water- Rat "  was  '•  chief  of  men." 
That  the  "  chief  of  men  "  moved  alone,  or  with  a  small  escort  only,  in  the  middle  of  the 
street,  is  very  natural.  He  was  the  head  of  the  official  household  and  the  chief 
war-captain  of  the  confederacy.  His  particular  duty  it  was,  therefore,  to  greet  the 
strangers.  On  any  ordinary  occasion  it  would  have  been  misplaced,  and  against  all 
rules-of  Indian  etiquette,  for  the  ehief-offi::crs  of  a  tribe  to  go  out  to  meet  them;  but  in 
this  case,  wavering  between  fear  and  curiosity,  an  exception  was  made.  It  is  worthy 
of  remark  that  even  when  the  "chief  of  men  "  returned  at  the  head  of  a  victorious 
war-party,  the  "snake-woman"  is  not  mentioned  as  sallying  forth  to  greet  him  in 
person. 

260 This  custom  of  addressing  people  to  whom  some  deference  is  due.  has  been 
noticed  among  numerous  tribes  of  America.  Among  the  Mexicans  it  was  not  at  all 
an  exclusive  mark  of  deference  towards  the  chief-officer.  His  interlocutors  did  not 
ook  at  him.  neither  did  he  look  at  them.  See  Bernal  Diez  (Cap.  XCI,  p.  8(1,  Vedia  II), 
Clarigero  (Lib.  VII,  cap.  XI.  p.  470).  The  latter  is  particularly  iirportant,  although  he 
but  copies  Torquemada  (Lib.  XIV,  cap.  I,  p.  535)  in  the  main.  As  far  as  other  tribes 
are  concerned,  I  but  recall  here  the  Peruvian  "  Inca."  See  FrancUco  de  Jerez  ("  Verda- 
dera  Relation  de  la  Conquista  del  Peru  y  Provincia  del  Cnzao  Unmnda  la  Kueva  Castilla," 
etc.,  etc.,  in  Vedia,  Vol.  II,  p.  331),  when  Hernando  Pizarro  met  Atahuallpa  for  the 
first  time  :  "  los  ojos  puestos  en  tierra,  sin  los  alzar  a  mirar  a  ninguna  parte."  Of  the 
Indians  of  the  gulf  states  of  North  America,  i r.  is  said  by  James  Adair  {''History  of 

the  American  Indians,"  p.  4) :  "They  are  timorous,  and  consequently  cautious, 

exceedingly  modest  in  their  behaviour."  See  also  on  the  Northern  Indians,  Loskiel 
("  Geschiehte  der  Mission  der  evangelischen  Brtlder,"  liarby  1789,  pp.  17  and  18).  It 
would  be  superfluous  to  add  further  quotations. 

251  Durdn  (Cap.  XXVI,  p.  215,  cap.  XL1V,  p.  357).  Tezozomoc  (Cap.  XXXVI,  p.  57, 
cap.  LXIX,  p.  115.  etc.).    Durdn  (Lamina  8.  Trat  1°). 

262  That  the  burial  of  the  "  Cihuacohuatl  "  took  place  after  the  same  manner  as  that 
of  the  "  Tlaca-tecuhtli,"  is  proven  by  the  "  Codiee  Ramirez  "  (p.  07) :  "Hizieronse  obse- 
quias  solemnisimas  y  un  enterraniiento  mas  sumptuoso  que  el  de  los  Reyes  pasados, 
porque  todos  lo  tenian  por  el  aniparo,  y  muro  fuerte  del  gran  imperio  Mexicano." 
Durdn  (Cap.  XLVIII,  pp.  381  and  382):  "el  qual  despues  de  muerto,  su  cuerpo  fue 
quemado  y  sus  cenicas  enterradas  junto  a  los  sepulcros  de  los  Reyes,  haeiendole  las 
osequias  conforme  a  persona  tal  se  deuian,  de  la  mesma  manera  que  a  los  reyes  se 
hacian  y  sus  grandecas  pedian."  Acosta  (Lib.  VII,  cap.  XVIIL  p.  496):  "  le  hicieron 
exequias  los  Mexicanos,  con  mas  aparato  y  demostracion  que  a  ninguno  de  los  Reyes 
auian  hecho." 

In  connection  with  the  burial  rites  it  may  be  in  place,  here,  to  refer  to  a  custom 
easily  interpreted  in  favor  of  the  assumption,  that  the  "Tlaca-tecuhtli  "  was  a  monarch. 
It  is  the  carving,  in  the  live  rock  at  Chapnltepec  near  Mexico,  of  human  shapes  com- 
memorative (or  at  lea^t  said  to  be)  of  each  of  these  officers,  towards  the  close  of  each 
one's  lifetime.  There  can  be  no  doubt  as  to  the  existence  of  such  carvings.  The  last  of 
hem,  representing  '•  Wrathy  chief,"was  seen  by  Don  Antonio  de  Leon  y  Gama  ("  Descrip- 
tion Historica  y  Cronologica  de  las  dos  Piedras  que  con  ocasion  del  Kuevo  Empedrado  que 
se  esta  formando  en  la  Plaza  principal  de  Mexico,  se  hallaron  en  ella  el  ATw  de  1790," 
Segunda  Edicion ;  1832,  Paite  Segunda,  pp.  80  and  81),  as  late  as  1753  or  1754,  when  it 
was  destroyed  ("picada")  by  order  of  the  authorities.    Another  figure,  intended  for 


678 

again  establishes  the  equality  in  rank  of  both  officers,  and  it  also 
dispels  the  notions  of  royal  etiquette  and  magnificence  with  which, 
more  particularly,  the  figure  of"  Wrathy  chief"  (Montezuma)  has 
been  surrounded  in  history. 

The  "chief  of  men"  as  head  of  the  official  household  needed 
many  assistants  and  subordinates.  He  required  stewards  for  the 
care  of  the  stores  and  their  daily  apportionment.253  Especially 
did  he  need  runners  for  the  delivery  of  his  messages.  Such 
officers  could  be  chosen  by  him  and  thus  far,  but  no  farther,  did 
he  enjoy  the  right  of  appointing  subordinates.254  But  the  appoint- 
ment to  a  certain  duty  by  the  "chief  of  men,"  did  not  confer  any 
hereditary  rank  or  office.  On  the  contrary,  it  is  even  probable 
that  most  of  these  posts  were  filled  by  outcasts,  since  this  was, 
properly,  the  group  from  which  the  inferior  servants  for  the 
transaction  of  tribal  business  could  be  selected  without  disturbing 
the  balance  of  power  between  the  kins. 

The  "  Tecpan  "  being,  as  we  have  already  stated,  the  "  house  of 
the  community,"  that  is  the  place  where  the  business  of  the  entire 
social  cluster  (as  far  as  the  tribe  could  represent  it)  wras  trans- 
acted, and,  furthermore,  it  being  proven  that  the  same  "tecpan" 

"  Face  in  the  Water."  existed  a  few  years  previous  to  that  date.  According  to  SeTior  Don 
J.  F.  Ramirez  (•' Burdn."  p.  251,  note  1  to  Cap.  XXXI),  disfigured  remnants,  among 
which  the  sign  "1  cane"  (ce-acatl)  is  plainly  visible,  can  yet  be  noticed  in  the  rock 
at  Chapultepec  on  the  eastern  side  of  that  celebrated  hill  or  isolated  bluff. 

Now  it  is  equally  certain,  that  such  carving's  were  not  only  commemorative  of  the 
"Tlaca-Tecuhtli,"  but  also  of  the  "Cihuaeohuatl."  See  Duran  (Cap.  XXXI,  pp.  250, 
251).  A  somewhat  different  version,  is  given  by  Tezozomoc  ("  Cronica,"  Cap.  XL,  p. 
65).  It  is  remarkable,  however,  that  comparatively  little  importance  was  attached  to 
those  funeral  monuments.  The  place  of  Chapultepec  itself,  a  very  striking  and  con- 
spicuous object  and  one  with  which  many  reminiscences  were  connected,  was  viewed 
as  an  object  of  "'medicine."  Torquemada  (Lib.  Ill,  cap.  XXVI,  p.  30:5).  That  par- 
ticular attention  should  be  paid  to  the  remains  of  an  officer  of  high  rank  is  very 
natural.  It  is  found  among  the  Iroquois,  L.  H.  Morgan  {"Ancient  Society,"  Part  II, 
Cap.  Ill,  pp.  95  and  00.  also,  "American  aboriginal  Architecture"  in  Johnson's  Cyclo- 
pedia). It  would  be  useless  to  dwell  further  on  the  subject  since  it  will  be  fully 
treated  of  in  one  of  my  subsequent  monographs. 

253  It  is  not  devoid  of  interest  to  notice,  that  this  official  household,  in  full  "blast," 
appears  only  after  the  formation  of  the  confederacy.  Codice  Ramirez  (p.  65):  "  Puso 
assi  mismo  este  ltey  por  consejo  y  industria  del  sabio  Tlacaellel  en  muy  gran  concierto 
su  casa  y  corte,  poniendo  oficiales  que  le  Servian  de  mayordonios.  masetrsalas,  por- 

teros,  coperos,  pajes  y  lacayos.  los  quales  eran  sin  nuniero "    This  is  not  only 

confirmed  by  Duran  (Cap.  XXVI).  T<zozomoc  (Cap.  XXXV  and  XXXVI),  but  even  by 
Torquemada  (Lib.  II,  cap.  L1V.  p.  160). 

2MThis  can  easily  be  inferred  from  the  fact,  already  established,  that  all  the  other 
kinds  of  officers  of  anything  like  important  rank,  were  elected,  and  not  appointed;  See 
also  the  passage,  already  quoted  elsewhere,  of  Durdn  (Cap.  LXIV,  p.  4£8),  which  is 
very  interesting  in  a  general  way. 


679 

was  also  the  regular  seat  and  place  of  office  of  the  highest  author- 
ity or  "  tribal  council,"  it  follows  that  peculiar  and  distinct  rela- 
tions must  have  existed  between  that  council  and  the  officer,  whose 
duty  it  was  to  dwell  at  this  same  house.  These  relations  are 
explained  to  us,  partly,  by  the  statement  that  the  "chief  of  men" 
was  placed  there  as  a  watchman,  to  guard  tribal  Interests  in  the 
midst  of  confederate  business.255  He  was  to  be  present,  day  and 
night,  at  this  abode  which  was  the  centre  wherein  converged  the 
threads  of  information  brought  by  traders,  gatherers  of  tribute, 
scouts  and  spies,  as  well  as  of  all  messages  sent  to,  or  received 
from  neighboring,  friendly  or  hostile  tribes.  Every  such  message 
came  directly  to  the  "chief  of  men,"  whose  duty  it  was,  before 
acting,  to  transmit  its  import  to  the  "  Cihuacolmatl,"  and  through 
him  to  call  together  the  "Tlatocan.256  Thus  the  "chief  of  men" 
occupied  an  intermediate  position  between  the  confederacy  and 
the  tribe.  He  might,  ex-offlcio  be  present  at  the  deliberations  of 
the  council,  but  that  presence  was  not  obligatory  ;  and  no  decisive 
or  commanding  voice  and  vote  was  allowed  him,  beyond  the 
weight  that  his  reasoning  and  personal  consideration  for  his  merits 
and  experience  might  carry. 

Whenever  any  conclusion  was  reached,  it  became  the  "chief  of 
men's"  duty  to  provide  for  its  execution.  Thus,  if  traders  re- 
turned illtreated,  beaten,  and  bruised,  and  the  Mexican  council 
clamored  for  revenge,  he  sent  his  runners  to  the  confederate  tribes, 
calling  upon  them  for  assistance,  as  the  contract  authorized  the 
Mexicans  to  do.  Sometimes  these  messengers  were  chiefs,  selected 
by  the  council  itself.257     The  result  of  their  mission  was  reported 

566 An  atteiitive  perusal  of  Sahagun  (Lib.  VI,  cap.  X)  will  convince  the  leader  of 
the  truth  of  this  statement.  See  also  Durdn  (Cap.  XLI,  p.  328;  cap.  JLll,  pp.  414  and 
415)  and  Tezozomoc  (Cap.  LVI,  p.  92;  cup.  LXI,  pp.  100  and  101;  cup.  LXXX1I,  p.  144). 

*m  Durdn  (Cap.  XII,  p.  100):  "  Vuelto  a  Tlacaellel,  le  mando  avisase  a  los  de  su 
consejo  que  ablasen.  .  .  ."  also  (Cap.  XVI,  pp.  1*2,  134  and  138;  cap.  XXI,  p.  182;  cap. 
XL,  p.  310 ;  cap.  XLI,  p.  330;  cap.  LIU,  p.  410,  etc.,  etc.).  "  Calice  Ramirez,"  (p.  00). 
Tezozomoc  (Cap.  XXI,  p.  33;  cap.  XXXVIII,  p.  CO;  cap.  XL,  p.  05;  cap.  XL1I,  p.  00; 
cap.  LVIL  p.  93;  cap.  LXV1II,  p.  114,  etc.).  Hesides,  it  must  be  inferred  Horn  the  fact, 
already  proven,  that  the  "  Cihuacohuail"  was  the  "foreman  "  of  the  council.  In  this 
capacity,  it  was  to  him  that  the  •'  chief  of  men  "  had  to  communicate  all  business  to  be 
submitted  to  the  council. 

2C7  Instances  of  that  kind  are  found  profusely  noticed  in  the  specifically  Mexican 
chronicles.  Exteni-ive  quotations  would  become  too  hnglhy,  I  therefore  limit  myself 
to  mere  indications,  leaving  the  reader  to  consult  the  authors  in  que.-tiun.  Tezozomoc 
(Crdnica,"  Cap.  XXVII,  p.  40,  cap.  XXVIII,  p.  42,  cap.  XXXI,  pp.  48  and  49,  cap. 
XXXIV,  p.  54,  cap.  XXXVII,  p.  59,  cap.  LXXV,  pp.  127  and  128,  cap.  LXXXVIII,  p.  154, 
cap.  LXXXIX.  and  XC,  pp.  157  and  158).  Duron  (Cap.  XVIII,  pp.  lot*  and  157,  cap. 
XIX,  pp.  105  and  160,  cap,  XXI,  p.  1S2,  cap.  XXII,  p.  18),  cap.  XXIV,  p.  201,  etc.,  etc) 


680 

back  to  the  "chief  of  men."258  In  case  delegates  arrived  from 
other  tribes,  they  had  to  be  provided  with  lodgings.  The  "  tecpan  " 
was  the  place  reserved  for  that  purpose,  and  there  they  were  ac- 
cordingly quartered.  They,  consequently,  first  came  into  contact 
with  the  "  chief  of  men,"  who  was,  officially,  "mine  host"  for 
them,  and  who  acted  as  intermediate  between  them  and  the  su- 
preme tribal  authorities.259 

No  more  striking  illustrations  of  the  foregoing  can  be  found 
than  the  reception,  by  the  Mexicans,  of  Cortes  and  his  troops,  at 
the  pueblo  of  Tennchtitlan.  The  house  where  the  Spaniards  were 
quartered  was  the  "tecpan"  or  official  house  of  the  tribe,  vacated 
by  the  official  household  for  that  purpose.260     In  sallying  forth  to 

In  addition  to  these  authorities  I  add  in  a  general  way,  Turquemada  (Lib.  XIV,  cap. 
II,  p.  537).  This  author  lias  evidently  either  copied  from,  or  at  least  used  the  same 
sources  as  Fray  Gironimo  de  Mendieta  (Lib.  II,  cap.  XXVI,  p.  129).  My  learned  and 
highly  esteemed  friend,  Sr.  Icazbalceta,  ascribes  to  the  statements  of  both  authors  '-a 
common  origin"  i.  e.  "Tabla  de  Correspoudencias."  (p  38).  This  common  source, 
however,  is  found  in  Zurita  {"Rapport,"  etc.,  pp.  118  and  119).  From  whom  he,  in 
turn,  derived  his  information,  has  not  as  yet  been  ascertained. 

2"«  See  the  authors  quoted  above.    Also  Clarigero  (Lib.  VII,  cap.  XXV,  p.  502). 

239  This  follows  from  the  facts  already  proven  in  regard  to  the  duties  of  the  "  chief 
of  men"  as  head  of  the  official  household.  1  would  particularly  refer  to  Tezozomoc 
("  Cronica,"  Cap.  XCV11,  pp.  172  and  173). 

Sao ■<  Codice  Ramirez"  (p.  87) :  •'  y  con  esto  el  gran  Motecuczumn,  por  el  mismo  orden 
que  vino  se  volvio  con  el  capitan  Don  Hernando  Cortes,  al  qual  y  a  los  suyos  man  do 
que  aposentassen  en  las  casas  reales,  donde  se  les  did  muy  buen  recaudo  it  cada  uno, 

scgnn  las  calidades  de  las  diversas  gentes  que  iban  con  el  capitan Kl  dia 

siguiente  el  eapitan  Don  Hernando  Cortes  hizo  juntar  &  Motccuczuma,  etc.,  etc 

en  una  pieza  que  en  lacasahabia  muy  a i  propdsito  para  esto."  .  .  .  .  ;  (p.  88)  :•' Torque 
acabada  de  baser  esta  platica  el  buen  capitan  Don  Hernando  Cortes,  los  soldados 
saquearon  las  casas  reales,  y  las  demas  principales  donde  sentian  que  habia  riquezas 

En  este  tiempo  recelandose  el  Marquis  no  resultasse  desto  algiin   incon- 

veniente  prendid  al  gran  Rev  Motecuczuma,  poniendole  con  grillos,  y  a  buen  recaudo 
en  las  casas  reales  junto  a  su  mismo  aposento  ....  ;"  (p.  89) :  "comenzaron  a  pelear 
con  los  espanoles  con  tal  furia  que  los  hizieron  retraer  a  las  casas  reales  donde  estaban 
aposentados."  This  is  plain  enough.  It  is  commonly  stated  that  the  Spaniards  were 
quartered  at  a  great  house  belonging  lormerly  to  •'  Wrathy  Chief's"  father,  "  Face  in 
the  Water."  The  anonymous  "  Fragmento  Ao.  2"  (p.  139)  has  the  following:  "  apar- 
tando  la  gente  hasta  (pie  llegaron  al  palacio  Real  que  habia  sido  de  su  padre  de 
Motecuzunia  Axayacatzin,  y  entrando  en  una  gran  sala  en  donde  tenia  Motecuzuma 
su  estado,  se  sentd  y  a  su  derccha  mano  a  Cortes,  y  hizo  seiias  Cacama  que  se  apar- 
tasen  todos  y  diesen  drden  en  aposentar  los  cristianos  y  amigos  que  traian  en  aquellos 

grandes  palacios "    This  anonymous  fragment  is  evidently  of  Tezcucan  origin. 

Sahagun  (Lib.  XII.  cap.  XVI,  p.  2D:  ■'  Luego  D.  Hernando  Cortes  tomd  por  la  mano 
a  Mocthecuzuma,  y  se  fuerou  ainbos  juntos  a  la  par  para  las  casas  reales;"  (<  ap. 
XVII,  p.  25):  -De  que  los  Espanoles  llegaron  a  las  casas  reales  con  Mocthecuzoma, 
luego  le  detuvieron  consigo;"  (Cap  XXI,  i>.28):  "Comocomenzd  la  guerra  entre  los 
Indios  y  las  Espanoles,  estos  se  fortalecieron  en  las  casas  reales  con  el  mismo  Moc- 
thecuzoma   "  (Id.  p.  29,  Cap.  XXIII,  p.  31,  etc.,  etc.).    These  statements  are  very 

positive,  and  the  less  suspicious,  since  they  represent  traditions  from  three  different 
sources,  all  evidently  furnished  by  eye-witnesses,  namely  :  Mexican  ("  Cod.  Ramirez"), 


681 

greet  the  newcomers  at  the  dyke,  "Wrathy  chief "  acted  simply,  as 
the   representative   of  the   tribal   hospitality,  extending  unusual 

Tezcucan  (Fragment  Xo.  2)  and  Tlatilulcan  (Sahagun).  The  statements  by  Spanish  eye- 
witnesses are  of  doubtful  authority  in  this  case,  since  none  of  them  knew,  or  could 
know  anything  positive;  and  the  pueblo  was  subsequently,  so  utterly  destroyed  that 
even  its  site  could  hardly  be  recognized.  Nevertheless,  the  "  old  and  new  palaces  of 
Montezuma  "  have  become  household  words. 

It  is,  nevertheless,  interesting  to  compare  the  reports  of  eye-witnesses  with  the  above 
quotations  from  aboriginal  sources.  Cortes  (•'  Carta  Segunda,"  Vedia  I,  (p.  '25):  "y 
torno  a  seguir  por  d  la  calle  en  la  forma  ya  dicha,  fasta  llegar  a  una  muy  grande  y 
hermosa  casa,  que  el  tenia  para  nos  aposentar,  bien  aderezada."  The  house  where 
"  Wrathy  Chief"  staid  with  his  household,  appears  to  have  been  some  distance  from 
the  Spanish  quarters,  since  we  read  (p.  27) :  "  dejando  bnen  recaudo  en  las  encrucijadas 
de  las  calles"  — thus  showing  that  crossings  intervened.  The  following,  however,  is 
veiy  plain,  if  not  decisive  {"Carta  Tercera,"  p.  70):  "E-porque  lo  sintiesen  mas, 
este  dia  flee  poner  fuego  a  estas  casas  grandes  de  la  plaza,  donde  la  otra  vez  que  nos 
echaron  de  la  ciudad,  los  espanoles  y  yo  estabamos  aposentados;  que  eran  tan 
grandes.  que  un  principe  con  mas  de  seiscientas  personas  de  su  casa  y  servicio  se 
podian  apooeatar  en  ellas;  y  otras  que  estaban  junto  a  ellas,  que  aunque  algo  menores 
eran  muy  mas  freseas  y  gentiles,  y  tenia  en  ellas  Muteczuma  todos  los  linajes  de  aves 
que  en  estas  partes  habia."  This  remark  about  the  "  principe  con  mas  de  seiscientas 
personas  de  su  casa  y  servicio"  evidently  agrees  with  his  previous  statement  concern- 
ing the  household  of  "  Wrathy  Chief"  {''Carta  Segunda,"  p.  35):  ••  La  manera  de  su 
servicio  era  que  todos  los  dias  luego  en  amaneciendo  eran  en  su  casa  de  seiscientos 

seiiores  y  p.-rsonas  principales,  los  cuales   se  sentaban Y  los    servidores 

destos,  y  personas  de  quien  se  acompaiiaban  henchian  dos  6  tres  grandes  patios,  y  la 
calle  .  .  .  ."  Consequently,  Cortes  himself  plainly  confirms  the  native  authors  above 
quoted.  Andres  de  Tdpia  ("Relation,''  etc.,  p.  579) :  "ehizo  aposentar  al  marques  en 
un  patio  donde  era  la  reeamara  de  los  idolos,  e  en  este  patio  liable  salas  a-nz  grandes 
donde  cupieron  toda  la  gente  del  dicho  marques  e  muchos  indios  de  los  de  Tascala  e 
Churula  que  se  habien  llegado  a  los  espanoles  para  los  servir."  This  eye-witness, 
therefore,  does  not  mention  either  of  the  two  "  houses  of  Montezuma."  The  father  of 
the  tale  is  found  in  Bernol  Diez  de  Castillo  (Vedia  II.  Cap.  LXXXVIII.  p.  S4-) :  "E 
volvamos  a  nue-tra  entrada  en  Mexico,  que  nos  llevaron  S  aposentar  &  uuas  grandes 
casas,  donde  habia  aposentos  para  todos  nosotros,  que  habian  sido  de  su  padre  del 
gran  Montezuma,  que  se  decia  Axayaca,  adonde  en  aquella  sazon  tenia  el  gran 
Montezuma  sus  grandes  adoratorios  de  Idolos " 

Thus  Cortes,  who  is  the  principal  eye-witness  in  the  case,  unmistakably  states  that 
the  Spaniards  were  quartered  at  the  "  tecpan."  Of  the  other  two  conquerors,  only  the 
last  mentions  the  Spanish  quarters  as  being  the  "house  of  Montezuma's  father." 
whereas  Tapia  is  silent  on  the  subject.  Taken  in  connection  with  the  assertions  of  the 
native  writers,  the  statements  of  Cortes  become  of  great  weight. 

It  is  but  natural  to  expect  (and  the  fact  needs  no  proof)  that  the  subsequent  writers 
have  followed  either  one  or  the  other  of  the  two  versions.  After  having  transcribed 
the  letters  of  Cortes,  Ovxedo  (Lib.  XXXIII, cap.  XLV,  p. 500)  mentions  also  :  "apossentd 
ael  e  a  los  chripstianos,  en  unas  casas  que  avian  seydo  de  su  padre,"  which  statement 
he  gathers  from  other  conquerors  (p.  404)  whose  names  he  fails  to  give;  (Cap.  XLVII, 
p.  507)  he  calls  the  said  house  '"la  morada  de  su  abuelo."    I  forbear  further  abstracts. 

Fortunately  an  official  document  of  early  date  informs  us  of  the  exact  situation  of 
these  two  buildings.  It  is  the  '■  Merced  a  ffernan  Corte's  de  Tierras  inmediatas  a  Mexico, 
y  Solares  en  la  Ciudad"  (Col.  de  Doc's  Icazbalceta.  Vol.  II,  pp.28  and  20).  It  bears 
date,  Barcelona,  2:5  July,  1520,  and  conveys  to  Cortes  :  •'  los  solares  e  casas  son  la  casa 
nueva  que  era  de  Montezuma,  que  alinda  por  la  una  parte  con  la  plaza  mayor  e  la 
calle  de  Iztapalapa,  e  por  la  otra  la  calle  de  Pero  Gonzalez  deTiuxillo,  e  de  Martin, 
Lopez,  carpintero;  e  por  la  otra  la  calle  en  donde  estan  las  casas  de  Juan  Rodriguez 
albanil;  e  por  la  otra  la  calle  publica  que  pasa  por  las  espaldas :  e  la  casa  vieja  que  era 


682 

courtesies  to  unusual,  mysterious,  and  therefore  dreaded  guests. 
Leaving  these  in  possession  of  the  "  tecpan,"  he  retired  to  another 
of  the  large  communal  buildings  surrounding  the  central  square, 
where  the  official  business  was,  meanwhile,  transacted.261  His 
return  to  the  Spanish  quarters,  even  if  compulsory,  had  less  in  it 
to  strike  the  natives  than  is  commonly  believed.  It  was  a  re- 
installation in  old  quarters,  and  therefore  the  "  Tlatocan,"  itself, 
felt  no  hesitancy  in  meeting  there  again,  until  the  real  nature  of 
the  dangerous  visitors  was  ascertained,  when  the  council  gradually 
withdrew  from  the  snare,  leaving  the  unfortunate  "chief  of  men" 
in  Spanish  hands.262 

We  have  qualified  the  position  of  the  "  Tlacatecuhtli"  towards 
the  council  as  intermediate  between  tribe  and  confederacy.  In 
the  latter  body,  he  was  but  the  general-in-chief  and  had  no  other 
duties  or  power.263  Therefore,  when  Cortes  seized  the  head-chief 
of  Tezcuco,  "  Wrathy  chief"  had  no  authority  to  assure  the  Span- 
iards, although  they  called  upon  him  for  that  purpose.264     He  ex- 

de  Montezuma,  donde  vivis,  que  alinrta  por  la  fronteva  con  la  plaza  mayor  e  solares  de 
la  iglcsia,  y  la  placeta ;  por  un  la<lo  la  callc  nueva  de  Tacuba,  e  por  otro  la  calle  que  va 
de  la  plaza  mayor  &  S.  Francisco;  por  las  cspaldas  la  calle  donde  estan  las  casas  de 
Rodrigo  Rnngel,  e  de  L'ero  Sanchez  Parian,  e  de  Francisco  de  Terrazas.e  de  Zamudio." 

From  these  data  it  is  easy  to  recognize  in  the  present  National  Palace  the  site  of  the 
so-called  ■'  new  houses  of  Montezuma."  and  in  the  buildings  lacing  the  "Empedradillo  " 
the  "Old  houses."    Both  laced  the  central  square  of  the  pueblo. 

The  so-called  "old  houses "  were  also  immediately  in  front  of  the  central  ''house 
of  God."  It  is  saiil  by  Tezozomoc  (Cap.  I. XX,  p.  117):  "Este  templo  y  cerro  estaba 
puesto  adonde  fueron  las  casas  de  Alonzo  de  Avila  y  Don  Luis  de  Castilla,  hasta  las 
casas  de  Antonio  de  la  Mota,  en  cuadro."  Now  according  to  Icazbalceta  ("Los  tres 
Dhilogos,"  etc  .  notes  to  Sec'd  Dialogue,  p.  218) :  "  La  casa  de  Alonzo  de  Avila  estaba 
en  la  \u  calle  del  Reloj,  esquina  ft  la  de  Sta  Teresa  la  Antigua."  Consequently  the 
'■old  houses"  were  indeed  those  which  Bernal  Diez  mentions  as  "where  Montezuma 
at  that  time  had  his  great  adoratories."  Now  these  '-old  houses"  were,  as  we  have 
seen,  the  "tecpan"  or  official  house  of  the  Mexican  tribe.  This  again  fully  sustains 
our  proposition  that  the  Spaniards  were  quartered  there,  and  that  the  official  household 
had  vacated  it  for  that  purpose. 

2(!1This  fully  explains  the  designation  by,  "  New  houses  of  Montezuma"  mentioned 
in  the  preceding  note. 

202  That  the  council  met  at  the  Spanish  quarters,  is  plainly  stated  by  Bernal  Diez  de 
Castillo  (Cap.  XCV,  pp.  95  and  96,  Cap.  XCVII.  p.  98).  Oriedo  (Lib.  XXXIII,  cap. 
XLVTL  p.  :>0!>).  That  the  members  of  the  council  gradually  withdrew,  is  equally 
certain,  frtm  the  fact  that  a  successor  to  "Wrathy  Chief"  was  elected,  while  the 
latter  was  still  alive  and  a  captive  of  the  Spaniards. 

2G3  Huron  (Cap.  XL1II,  p.  347).  Zurita  (" Rapport,'1'  etc.,  p.  11):  " Le  souverain  de 
Mexico  avait  an  dessous  de  lui  ceux  de  Tacuba  et  de  Tezcuco  pour  les  affaires  qui 
a vaient  rapport  a  la  guerre;  quant  ft  toutes  les  autrcs,  leurs  puissances  etaient  egales, 
de  sorte  que  Pun  d'eux  ne  se  melait  jamais  du  gouvernement  des  antres;"  Id.  (pp.  93 
ami  95).  Mendieta  (Lib.  II,  cap.  XXXVII,  p.  156).  Herrera  (Dec.  III.  lib.  IV.  cap.  XV, 
p.  133).    The  two  latter  authors  evidently  have  followed  Zurita.    See  also  note  -t. 

261  See  note  4.     Fragmeuto  No.  2,  in  "  Biblioteca  Mexicana"  (pp.  142  and  143). 


683 

ercised  no  command  over  the  other  tribes  except  in  the  field. 
Still,  his  position,  as  confederate  leader,  was  important  enough  to 
make  the  right  to  invest  him  with  that  dignity  one  of  the  condi- 
tions of  the  agreement  under  which  the  confederacy  was  formed. 
Hence  the  two  head-chiefs  of  Tezcuco  and  Tlacopan  are  frequently 
mentioned  as  "  electors"  of  the  "  chief  of  men."  But  their  pres- 
ence at  the  inauguration  of  every  new  officer  of  that  rank  did  not 
imply  the  right  to  control  his  election.265  It  was  a  mere  act  of 
courtesy  which  the  Mexicans  returned,  as  often  as  their  associates 
performed  the  same  ceremony,266  with  this  difference,  however, 
that  in  the  case  of  the  Mexican  chieftain,  the  two  confederates 
appeared  personally  as  being  thereafter  his  military  subordinates. 

The  military  organization  of  the  ancient  Mexicans  has  already 
been  described  elsewhere,267  and,  so  far,  we  have  nothing  to  add 
to  that  picture.  In  it,  as  well  as  in  social  organization,  the  kin 
formed  the  basis,  and  since  we  have  found,  in  the  autonomous 
kin,  that  the  military  chieftains  were  the  officers  of  justice,  we 
are  justified  in  looking  for  the  officers  of  tribal  justice  among 
the  chiefs  of  highest  grade  in  the  tribal  forces.  The  "  Cihuaco- 
huatl"  as  ex-officio  war-chief  of  the  tribe  could  not,  as  we  have 
already  seen,  officiate  in  that  capacity  ;  but  the  "  chief  of  men"  was 
very  distinctly  clothed  with  the  power  to  punish,  even  to  such  an 
extent  as  to  impart  to  it  the  character  of  arbitrariness  and  des- 
potism. If,  however,  we  examine  closely  the  instances  reported, 
the}'  appear  to  limit  themselves  :  — 

1.  To  cases  of  insubordination,  unfaithfulness,  or  treachery 
within  the  official  household  :268 

265 ><  Tenure  of  Lands"  (p.  417).  Zurita  (-i  Rapport,"  etc.,  p.  15):  "  Si  le  souverain  de 
Mexico  mourait  sans  heritier.  les  principalis  chefs  lui  choisissuient  un  sueeesseur  dont 
l'election  etait  confirmed  par  les  chefs  superieurs  de  Tezcoco  et  Tacuba."  '•  Cod  ice 
limnirez"  (pp.  05.  07  and  72).  The  chiefs,  of  Tezcuco  and  Tlacopan,  are  mentioned  as 
"electors,"  but  stress  is  placed  only  on  the  fact,  that  they  "crowned  the  King."  This 
evidently  means  inve-titure  only.  Sahagun  (Lib.  VIII,  cap.  XXX,  XXXI,  XXXII, 
XXXIII  and  XXXIV).  Although  very  full  of  details,  he  plainly  avoids  mentioning  the 
chiefs  of  Tezcuco  and  Tlacopan  as  taking  part  in  the  election  (p.  318).  Durdn  (Cap. 
XXXII.  p.  255,  XXXIX.  pp.  302  and  303.  Cap.  XLI,  p.  325). 

2*« Zurita  (p.  16).  Gomara  ('•  Conquista  de  Mexico,"  Vedia  I,  p.  435).  Tezozomoc 
(Cap.  CI,  p.  179). 

267  "Art  of  li'ar  and  Mode  of  Warfare  of  the  Ancient  Mexicans,"  10th  Report  Peabody 
Museum.  1877. 

2,i8  Theiefore  the  recommendation,  by  the  "  Cihuacohuatl,"  to  the  newly  appointed 
servants  and  runners  in  the  official  household:  "'and  behold  that,  where  you  enter, 
there  are  many  valuable  women,  and  also  slaves,  watcii  that  you  do  not  go  astray,  for 

at  once  you  will  be  destroyed  without  the  knowledge  of  any  living  soul " 

Tezozomoc  (Cap.  LXXXIII,  p.  146).  It  is  evident  that  the  "  chief  of  men"  had,  in  such 
9* 


684 

2.  To  cases  of  military  insubordination,  or  treachery  :269 

3.  To  instances  of  great  importance,  demanding  sudden  action 
in  order  to  avoid  public  danger.270 

cases,  the  right  of  summary  punishment,  as  well  as  in  the  case  of  unfaithful  stewards 
or  disobedient  subordinates  in  general.  Compare,  on  the  same  subject,  Durdn  (Cap. 
LIII.  pp.  419  and  420).  The  fact,  that  the  '' Cihuacohuatl"  spoke  to  the  young  men, 
further  shows  that  the  exercise  of  such  extreme  power  was  known  to,  and  sanctioned 
by,  the  council. 

269  Quotations  are  useless,  the  necessity  for  such  a  power  being  too  plain.  But  it  is 
well,  here,  to  state  that  among  much  ruder  tribes  even,  and  where  the  democratic 
element  was  carried  to  its  greatest  extremes,  arbitrary  punishment  by  war-captains 
sometimes  occurred.  Thus  it  is  asserted  that,  at  the  bloody  engagement  of  Point 
Pleasant,  Va.,  10  of  October,  1774,  "Cornstalk,"  the  great  Shawnee  war-chief,  toma- 
hawked one  near  him  who  had  "by  trepidation  and  reluctance  to  proceed  to  the 
charge,  evinced  a  dastardly  disposition. '  Alex  S.  Withers  ("  Chronicles  of  Jlorder 
Warfare,"  Chap.  VII,  p.  129).  It  explains  also  the  summary  punishment  of  traitors 
and  deserters,  as  well  as  of  those  who  assumed  the  dress  of  the  prominent  war-chiefs 
during  a  raid  or  an  engagement. 

270The  incarceration  of  runners  or  messengers  may  be  (and  has  been  to  me  in 
conversation  by  an  aged  friend)  brought  up  in  proof  of  the  belief,  that  the  "chief  of 
men"  had  a  despotic  power.  Instances  of  that  kind  are  related  by  Tezozomoc  (Cap. 
CVI,  p.  189).  This  is  the  truly  admirable  description  of  the  first  news  brought  to 
Mexico  of  the  approach  of  European  ships.  It  is  too  lengthy  to  be  inserted  here.  A 
runner  from  the  coast  carried  the  news,  and  "  Wrath y  Chief"  said  to  Petlacalcatl,  take 
him  to  the  cell  made  of  logs  (probably  split  logs,  "  tablon  ")  and  look  after  him.  This 
was  done  to  keep  the  news  secret  until  the  matter  could  be  investigated,  and  was, 
therefore,  a  preliminary  measure  of  policy.  But,  aside  from  the  fact  that  the  isolation 
rather  than  incarceration  (since  the  latter  would  have  been  death)  of  a  news-carrier 
was  a  matter  of  policy,  and  as  such  a  duty  of  the  "  chief  of  men,"  it  was  also  an  estab- 
lished custom  among  the  Mexicans.  This  is  stated  by  Sahagun  (Lib.  VIII,  cap.  XXXVII, 
pp.  327  and  328) :  "  Habiendo  cautivado  a  alguno,  luego  los  mensageros  que  se  llamaban 
tequipantitlanti,  venian  ii  dar  las  nuevas  al  rey  de  aquellos  que  habian  cautivado  a 

sus  enemigos,  y  de  la  victoria  que  habian  obtenido  los  de  su  parte y  el 

senor  los  respondia  diciendoles:  •' Seais  muy  bien  venidos,  huelgome  de  oir  esas 
nuevas,  sentad  y  esperad,  porqne  me  quiero  certiflcar  mas  de  ellas,  y  a»i  los  mandaba 
guardar,  y  si  hallaba  que  aquellas  nuevas  eran  mentirosas,  hacialos  matar."  Torque- 
mada  (Lib.  XIV,  cap.  I,  p.  536):  "y  que  no  le  dejasen  salir  de  Palacio  hasta  tener 
segundo  Correo,  que  conflrmase  aquella  buena  nueva,  que  el  havia  traido.  Vetancurt 
('•  Teatro,"  Parte  II«,  Trat.  11°,  cap.  II,  p.  381),  almost  a  textual  copy  of  the  pieceding 
author,  as  might  be  expected. 

Among  the  many  tales  of  prodigies,  supernatural  warnings,  witchcraft,  etc.,  etc., 
connected  with  the  months  and  years  immediately  preceding  the  arrival  of  the 
Spaniards  in  Mexico,  there  is,  also,  one  bearing  a  particularly  pure  Indian  character. 
See  Durdn  (Cap.  LXVIII,  pp.  524-530).  Tezozomoc  (Cap.  CVI,  p.  188  and  189).  "  Wrathy 
Chief,"  alarmed  by  mysterious  prognostics,  called  upon  all  the  old  men,  women,  and 
the  medicine-men,  to  report  what  they  might  dream  or  had  dreamt  within  a  certain 
lapse  of  time.  It  is  well  known  what  high  value  is  attached  by  the  Indians  in  general 
to  dreams.  There  can  be  no  doubt  that,  with  the  prevailing  notion  that  dreams  con- 
tained important  and  solemn  premonitions,  warnings  from  a  higher  source  (Sahagun 
Lib.  V),  the  request  to  communicate  such  dreams  for  the  benefit  of  the  tribe,  to  the 
"chief  of  men,"  was  very  natural.  According  to  Motolinia  ("  Hist,  de  los  Indios  de  la 
Nueva-  Espana,"  Col.  de  Doc,  Trat.  II,  cap.  VIII,  p.  130),  certain  men  were  particularly 
expert  in  explaining  and  interpreting  dreams,  so  much  so,  that  they  were  generally 
applied  to  for  such  purposes.  If  now,  as  the  story  in  question  has  it,  the  said  people 
refused  to  comply  with  such  requests,  the  "chief  of  men"  might,  of  his  own  accord 


685 

The  power  to  appoint,  which  the  "  chief  of  men"  enjoyed  within 
the  limits  of  the  official  household,  implied,  to  the  same  extent,  the 
power  to  remove  and  to  punish.  It  was  not  even  necessary  to 
refer  such  cases  to  the  action  of  the  council. 

In  punishing  summarily  acts  of  insubordination,  or  of  treachery, 
when  committed  during  warfare,  the  "chief  of  men"  acted  as 
commander-in-chief  and  in  strict  compliance  with  the  duties  of 
that  office. 

Lastly,  a  certain  amount  of  discretion ary  power  was  necessarily 
vested  in  the  chief  commander  for  the  public  good.  Placed  at  the 
"  tecpan"  to  "watch,  guard  and  protect"  the  tribe  and  the  confed- 
eracy, it  was  necessary  to  empower  the  "  Tlacatecuhtlli "  in  cases 
of  great  urgency,  to  act  "  on  the  spur  of  the  moment."  It  was  not 
a  privilege  of  royalty  or  a  despotic  right,  but  an  obligation  result- 
ing from  the  nature  of  the  office. 

Consequently  the  "chief  of  men"  was  not,  properly,  the  execu- 
tioner of  tribal  justice  either.  This  duty  devolved  upon  other 
war-chiefs  of  lower  rank,  who,  although  superior  in  command  to 
the  leaders  of  the  kins,  when  on  the  war-path,  never  otherwise  in- 
terfered with  the  duties  of  the  latter,  any  more  than  tribal  jurisdic- 
tion conflicted  with  that  of  the  autonomous  kins.  These  chiefs 
were  the  "four  leaders  of  the  four  great  quarters  of  Mexico  Te- 
nuchtitlan,"271  or,  as  we  have  already  intimated,  of  the  four 
phratries  into  which  the  twenty  kins  had  again  agglomerated  for 
religious  and  military  purposes.  These  four  "  great  quarters," 
named  respectively,  "  Moyotlan,"  "  Teopan,"  "Aztacalco"  and 
"Cuepopan,"272  were  not,  as  the  current  notion  has  it,  so  many 
governmental  subsections,  or  wards  of  aboriginal  Mexico.     Shells 

even  treat  them  as  traitors,  and  secure  their  persons  to  prevent  injury  to  the  public 
cause.    All  this,  of  course,  provided  the  story  be  true ! 

The  cases  where  secrecy  is  enjoined  under  penalty  of  death,  are  so  plain  that  no 
illustration  is  needed.  The  "chief  of  men"  had  the  right,  in  preparing  general 
business,  to  give  secret  orders,  to  detail  particular  persons  on  secret  missions.  Anyone 
divulging  the  secrets  entrusted  to  him,  committed  an  act  of  treason,  and  therefore  it 
was  necessary  that  he  should  be  chastised  on  the  spot  and  on  the  spur  of  the  moment, 
to  obviate  further  mischief. 

271  "Art  of  War"  (pp.  120,  131  and  122,  especially  notes  97,  99  and  101). 

272  The  formation  of  these  geographical  circumscriptions  I  have  already  explained. 
The  names  can,  in  part,  be  etymologized.  They  are  respectively:  "Moyotlan"  or 
place  of  the  mosquito,  from  •' moyotl,"  mosquito  (Molina  II.  p.  58):  "Teopan"  or 
place  of  God,  from  "Teotl,"  God;  "Aztacalco,"  "place  of  the  house  of  the  heron," 
from  "Aztatl,"  heron  (Molina  I,  p.  65  and  II,  p.  10),  and  "  calli."  house;  "Cuepopan" 
or  "  place  of  the  dyke,"  from  "  cuepotli,"  dyke  (Molina  I,  p.  23,  II,  p.  26).  All  of  which 
are,  respectfully,  submitted. 


6SQ 

of  as  many  original  kins,  common  worship,  perhaps,  and  common 
leadership  in  battle,  were  all  that  remained  of  the  former  organic 
cluster.273  Rites  of  worship,  as  practised  by  a  phratry,  it  is  not 
the  place  here  to  investigate,  and  the  position  and  functions  of  the 
phratry  in  warfare  have  already  been  discussed  by  ns.  The  office 
of  tribal  executioners  of  justice,  however,  vested  in  the  "  four 
leaders"  of  the  four  phratries,  deserves  particular  attention  here. 
The  names  of  the  four  war-captains  or  rather  their  official  titles, 
are:  "man  of  the  house  of  darts "  (Tlaeochcaleatl),  "cutter  of 
men"  (Tlacatecatl),  "  bloodshedder  "  (Ezhuahuacatl),  and  "chief 
of  the  Eagle  and  prickly  pear"  (Cuauhnochtecuhtli).  These 
officers  are  first  noticed  in  the  beguiling  of  the  fifteenth  century, 
at  the  time  the  confederacy  was  formed.274  They  appear  as  imme- 
diate adjuncts  or  assistants  —  military  lieutenants  as  it  were  — 
to  the  "  chief  of  men  "  then  promoted  to  the  position  of  confed- 
erate commander,  as  well   as  of  the  "  Cihuacohuatl."  275     Their 

« 

2"3These  four  geographical  clusters,  each  comprising  a  certain  number  of  original 
kins  or  calpulli,  became  known  subsequently  as  the  four  Indian  wards  of  Mexico, 
named  respectively,  San  Juan  (Moyotlan),  San  Pablo  (Teopan),  San  Sebastian  (Azta- 
calco),  Santa  Maria  (Cuepopan).  Tezozomoc  (Cap.  LIX,  p.  98),  Vetancurt  ("  Cronica," 
etc.,  p.  124),  Durdn  (Cap.  V,  p.  42).  That  each  of  them  comprised  a  certain  number  of 
kins  has  already  been  stated.  The  four  chiefs  are  often  mentioned  as  -'councillors;" 
but  their  very  position  as  immediate  assistants  to  the  "chief  of  men,"  is  clearly 
established  by  the  ••  Cod  ice  Ramirez"  (pp.  57  and  58).  which  agrees  with  Durdn 
(Cap.  XI,  p.  103)  and  also  by  Sahagun  (Lib.  XXX;  p.  318):  "Elegido  el  sefior,  luego 
elegian  otros  cuatro  que  eran  como  senadores  que  siempre  habian  de  estar  al  lado 
de  el,  y  entender  en  todos  los  negocios  graves  del  reino,"  .  .  .  This  makes  it  evident 
tb.at  they  must  have  been  war-chiefs,  and  not  representatives,  in  the  supreme  council, 
of  an  administrative  circumscription  superior  to  the  "calpulli"  —  "barrio"  or  lo- 
calized kindred  group.  The  lour  "main  quarters"  therefore  formed  military  bodies 
only,  and  this  follows  plainly  from  the  detailed  descriptions  of  warfare,  so  profusely 
given  in  the  chronicles  of  Tezozomoc.  The  truth  of  this  fact  has  been  felt,  though 
not  fully  understood,  by  Clavigero  (Lib.  VII,  cap.  VII,  pp.  494  and  495)  where  he  hints  at 
the  four  chiefs  (under  various  names)  as  so  many  "  classes  of  generals."  These  four 
superior  war-captains  are,  besides,  found  also  in  Michhuaean,  "Relation,  etc.,  etc., 
J\  I echuacan"  ("  Primera  Parte,"  p.  13) :  "tenia  puesto  cuatro  sefiores  muy  principales 
en  cuatro  frouteras  de  la  provincia,"  and  in  Peru,  where  they  have  been  decorated 
with  the  titles  of  "  vice-roy." 

It  is  interesting  to  note  here  that  the  term  "  barrio"  is  applied  by  Spanish  authors 
indiscriminately  to  the  four  great  subdivisions  and  to  the  kins  themselves. 

27"  Durdn  (Cap.  XI,  pp.  97,  102  and  103),  Tezozomoc  (Cap.  XV,  p.  24)  both  place 
the  organization  by  which  these  four  chiefs  appear  prominent,  immediately  after  the 
overthrow  of  the  Tecpaneca,  and  before  the  confederacy  with  the  Tezcucans  and  Tlaco- 
pans.  Ixtlilxochitl  ('•  Hist,  des  Chichimer/ues,"  Cap.  XXXIV,  p.  23(>)  speaks  in  general 
terms  of  a  "reorganization,"  after  the  confederacy  had  been  formed.  So  does  Acosta 
(Lib.  VII,  cap.  XVI,  p.  493),  while  "  Codice  Ramirez"  (pp.  57  and  58)  agrees  with  the 
two  first. 

3,0 It  is  self-evident  that  these  four  chieftains  were  also  inferior  to  the  "snake- 
woman;"  and  this  fact  is  amply  illustrated.    Durdn  (Cap.  XVI,  pp.  140  and  141)  con- 


687 

office  was,  of  course,  elective  and  non-hereditary,  and  the  election 
took  place  in  the  same  manner  and  (sometimes,  at  least)  at  the 
same  time  as  that  of  the  "chief  of  men."276  In  case  the  latter 
was  unable  to  lead  the  confederate  forces  on  the  war-path,  and  the 
"  Cihuacohuatl"  himself  was  not  available  either,  then  the  posts 
of  chief  commander  as  well  as  of  leader  of  the  Mexicans  proper, 
might  be  filled  by  one  or  the  other  of  them.277  This,  however, 
was  always  a  temporary  situation,  and  there  appears  to  have 
been  no  difference  of  rank  between  the  four,  since  the  Mexican 

cerning  " Ezhnahuacatl,"  Cap.  XXII,  p.  189):  "y  luego  Tlacaellel,  principe  de  la 
milicia,  mando  en  nombre  del  rey  que  fuesen  apercibidos,  etc.,  etc.  .  .  ."  "Llamd  el 
rey  a  un  sefior  que  se  llamaua  Cuauhnochtli  y  bizolo  general  de  toda  la  moltitud 
diciendole  que  Tlacaellel  era  ya  vicjo  y  que  no  podria  ya  ir  a  guerra  tan  apartada, 
dandole  todas  las  exenciones  y  autoridad  que  senx-jante  ofieio  requeria,  .  .  .  ."  (Cap. 
XXXIV,  p.  267,  etc.,  etc.).  Tezozompc  (Cap.  XVII,  p.  27),  Tlacaellel,  subsequently 
elected  "  Cihuacohuatl,"  was  then  omly  "  Tlacochcalcatl,"  and  he  is,  at  that  time,  merely 
mentioned  as  "  uno  de  ellos  de  los  capitanes."  Still  (p.  28)  he  appears  as  "capitan 
general  de  ellos."  (Cap.  XXII,  p.  34):  '"Respondid  Tlacatleltzin  y  dijo:  quiet  o  dar 
aviso  a  Tlacatecatl.  y  ft  Tlacochcalcatl,  para  que  publiquen  luego  en  toda  estarepiiblica 
esta  guerra  por  los  varrios,  .  .  ."  (Cap.  XXVIII,  p.  43) :  "mahdarbn  el  rey  Moctezuma 
y  Zihuacoatl,  a  los  capitanes  Tlacatecatl,  Tlacochcalcatl,  Cuauhnochtli,  y  Tilancalqui, 
que  luego  al  tercel"  dia  se  apercibiesen  y  pusiesen  en  camino  con  sus  armas  y  vituallas," 
etc.,  etc.  This  entire  "  Crdnica"  bristles  with  facts  of  that  kind,  too  numerous  to  quote. 
The  fact,  amply  proven  heretofore,  that  the  "  Zihuacoatl "  was  also  ex-officio  head- 
war-chief  of  the  tribe  of  Mexico,  is  alone  sufficient  to  establish  the  inferiority  of  the 
four  others.    See  "  Codice  Ramirez'"  (p.  07). 

276  In  evidence  of  this  there  is  the  entire  series  of  specifically  Mexican  authors, 
starting  with  the  "  Codlce  Ramirez"  (p.  57) :  "  Primeramente  ordenaron  que  siempre  se 
guardasse  este  estatuto  en  la  corte  Mexican  a,  y  es  que  despues  de  electo  Rey  en  ella, 
eligiessen  quatro  seiiores,  hermanos  6  parientes  mas  cercanos  del  mismo  Rey,  los1 
quales  tuviessen  ditados  deprincipes:  los  ditados  que  entonces  dieron  a  estos  quatro 
el  primero  fue  .  .  .  (follow  the  four  names  and  titles).  .  .  ."  The  same  version  has 
been  adopted  with  more  or  less  variation,  by  Durdn  (Cap.  XI,  pp.  102  and  103), 
Tezozomoc  (Cap.  XV,  pp.  24  and  25),  Joseph  de  Acosta  (Lib.  VI,  cap.  XXV,  p.  441)  and 
Herrera  (Dec.  Ill,  Lib.  II,  cap  XIX,  pp.  75  and  70).  Besides,  there  is  the  independent 
version  of  Sahagun  (Lib.  VIII,  cap.  XXX  and  XXXI,  pp.  318  and  319),  who  is  even  too 
positive,  stating,  or  at  least  leading  to  the  inference,  that  at  every  election  of  a  "chief 
of  men,"  the  four  offices  were  also  newly  filled,  and  invested  at  the  same  time.  This 
appears  to  be  a  misconception,  explained  by  the  Codice  Ramirez  and  by  Duran. 

It  may  be  in  place  here  to  refer  to  a  different  version,  which  reduces  the  number  of 
these  assistants  to  the  "  chief  of  men  "  to  two  only.  We  find  it  in  Gomara  ("  Conquista," 
Vedia  I,  p.  442):  "Las  apelaciones  iban  a  otros  dos  Jueces  mayores,  que  Hainan 
tecuitlato,  y  que  siempre  solian  ser  parientes  del  seiior  .  .  .  ."  and  also  in  Zurita 
("  Rapport"  etc.-  p.  95).  By  reference,  however,  to  Sahagun  (Lib.  VI,  cap.  XX),  it  will 
be  seen  that  the  celebrated  Franciscan  speaks  of  only  two  of  the  four  which  he  men- 
tions (Lib.  VIII,  cap.  XXX).  These  two  are  "Tlacochcalcatl"  and  "Tlacatecatl" 
("  Tlacochtecutli "  and  "  Tlacatecutli "  by  abbreviation),  whom  he  again  calls  (Lib. 
VIII,  cap.  XXIV,  p.  311)  "principal  captains,  of  which  there  were  always  two,"  while 
(Lib.  IX.  cap  I,  p.  330)  he  calls  the  same,  "governors  of  Tlatilulco."  The  Tlatilulcan 
tradition  appears  very  plainly  in  the  writings  of  the  learned  friar,  which  writings  have 
wielded  such  a  vast  influence  in  literature  on  aboriginal  Mexico. 

2"'-Art  of  War"  (p.  122),  Sahagun  (Lib.  VIII,  cap.  XXIV,  p.  311),  Durdn  (Cap. 
XXII,  p.  189),  Clavigero  (Lib.  VII,  cap.  XXI,  p.  494). 


688 

chroniclers  mention  them  indiscriminately  as  military  captains  of 
the  highest  rank.  Still,  while  this  fact  remains  undisputed,  we 
notice  among  later  authors  that  two  of  the  four,  namely:  "  Ezhua- 
huacatl "  and ."  Tlacateccatl "  are  called  :  "judges."278  How  the 
duties  of  a  judge  sitting  permanently,  could  be  performed  by  a  war- 
chief,  is  rather  difficult  to  comprehend,  whereas  those  of  a  chief 
executioner  of  judicial  decisions  agree  well  with  those  of  a  military 
office,  in  primitive  society.  "  Cuauhnochtecuhtli "  is  positively 
stated  to  have  been  "chief  executioner "  ("  alguazil  maior")  or 
sheriff."279  The  Codex  Mendoza,  however,  makes  all  four  equal,  by 
calling  each  of  them  "  executive  officer."  Samuel  Purchas,  in  his 
"Pilgrimage,"  renders  this  incorrectly  by  "officer  of  dispatch."280 
Such  was  indeed  their  true  position.  What  the  "elder  brother" 
was  to  the  kin,  the  four  great  war-captains  were  to  the  tribe. 
To  them  the  judicial  decisions  of  the  council  were  communicated 
through  the  "  Cihuacohuatl "  or  the  "  Tlacatecuhtli,"  and  they 
were  intrusted  with  their  execution.  Consequently  they  super- 
intended the  maintenance  of  order  and  quietness  at  every  place 
where  the  tribal  authorities  exercised  control,  as,  for  instance,  in 
the  markets,  and  in  the  central  square  encompassing  the  great 
"house  of  God."  But  they  were  also  the  immediate  military 
assistants  of  the  "  chief  of  men,"  and  as  such,  as  far  as  he  ex- 
ercised any  power  to  punish,  they  also  acted  as  his  "executive  offi- 
cers "  when  necessary.281    It  is  doubtful,  however,  if  the  four  leaders 

578  The  "  Tlacatecatl "  is  called  a  "  Judge,"  second  in  jurisdiction  only  to  the  "  Cihua- 
cohuatl "  by  Torquemada  (Lib.  XI,  cap.  XXV,  p.  352).  The  same  author  calls  him  a 
"  viiliant  captain  "  (Lib.  II,  cap.  LXXVI,  p.  211).  After  this  author,  he  has  been  called 
a  Judge  by  Vetancurt  (Parte  11a,  Trat  11°,  cap.  I,  p.  370),  by  Clavigero  (Lib.  VII,  cap. 
XVI,  p.  481).  It  is  singular  to  notice  that  for  instance  Vetancurt  (Parte  lln,  Trat.  1°,  cap. 
XVIII,  p.  320)  mentions  that  "Water-Rat"  ("Ahuitzotl")  was  •' Tlacatecatlo,  captain 
general  of  the  Mexicans."  In  this  he  follows  Torquemada  (Lib.  II.  cap.  LXIII,  p.  186), 
who,  in  turn,  agrees  with  his  predecessor,  Mendieta  (Lib.  II,  cap.  XXXV  and  XXXVI, 
p.  151).  The  latter  is  particularly  explicit.  His  statements  agree  with  those  of  the 
Codex  Mendoza  (plates  XIII  and  XVIII).  "  Ezhuahuacatl "  is  also  represented  as 
"alcalde"  in  the  Codex  Mendoza  (plate  LXIX,  tercera  Partida,  No.  18),  which  again 
represents  him  as  •'executor"  (plate  LXVI,  tercera  Partida,  No.  10).  AH  this  tends  to 
show  that  these  officers,  besides  being  principal  war-captains,  were  also  executors 
of  judicial  decrees. 

279  Ramirez  de  Fuenleal  (Lettre,  Mexico,  3  Nov.,  1532,  "  Premier  Becueil,"  etc..  p.  248) : 
'•Un  officier,  nomme  Guamuchil.  remplit  les  fonctions  d'alguazil  mayor.  .  ."  Torque- 
mada  (Lib.  XI,  cap.  XXV,  pp.  352  and  353),  Vetancurt  (Vol.  I,  p.  370,  etc.),  Clavigero 
(Lib.  VII,  cap.  XVI,  p.  481).  The  "  Codex  Mendoza'1'  (plate  LXVI,  tercera  Partida,  No. 
7)  calls  him  "executor,"  like  "  Tlilancalqui"  and  "  Ezhuahuacatl." 

280  Codex  Mendoza  (plates  LXVI  and  LXVIII).  In  the  latter  he  calls  them  "  Valien- 
tes."    For  the  interpretation  of  Purchas  see  Kingsborough  (Vol.  VI,  pp.  73  and  74). 

281  Instances  of  that  kind  are  frequently  found,  both  in  Duran  and  Tezozomoc*. 


689 

had  the  right  to  appoint  the  assistants  whom  they  needed,  beyond 
sending  out  subordinates,  or  rather  detailing  them  on  particular 
errands.  As  to  watchmen  In  the  market-places, —  the  officers  who 
circulated  about  preserving  peace  and  order  there  —  they  were 
placed  at  their  posts  by  the  tribe.  But  it  was  their  duty  to  report 
to  the  chief  executive  officers,  nay,  to  apply  to  them  for  assistance, 
whenever  anything  happened  which  required  the  exercise  of  higher 
power.  On  the  other  hand,  these  subalterns  obeyed  their  orders  in 
the  interests  of  tribal  business. 

We  have  already  noticed  that,  among  the  four,  "  Cuauhnoch- 
tecuhtli"  is  most  distinctly  mentioned  as  judicial  executioner,  even 
prominently  before  the  others.  But  this  officer  again  is  lost  sight 
of  at  the  election  of  a  "chief  of  men."  Then  another  looms  up 
in  his  place.  This  is  the  "  man  of  the  black  house,"  Tlilancalqui. 
It  appears  that  each  of  the  three  first-named  positions  namely  : 
"  Tlacochcalcatl,"  "  Tlacateccatl,"  "  Ezhuahuacatl,"  was,  together 
with  the  last-named  "  Tlilancalqui,"  a  preparatory  stage  for  the 
office  of  "chief  of  men."282  "One  of  these  four  had  to  be 
elected  king  "  says  the  Codex  Ramirez.283     While  it  is  difficult  to 

282 This  statement  rests  upon  the  .authority  of  the  "  Codice  Ramirez"  (p.  58). 
which  document  agrees  almost  verbally  with  Durdn  (Cap.  XI,  p.  10:5).  Aside 
from  Tezozomoc  (Cap.  XV)  and  Acosta  (Lib.  VI,  cap.  XXV),  who  both,  though  rather 
vaguely,  confirm  the  above,  there  are  other  indications  confirming  it.  For  instance: 
Codex  Mendoza  (plate  XI,  interpretation  or  rather  text) :  "  Yten  el  dicho  Ticogicatzi  fue 
por  estremo  valiente  y  velicoso  en  armas,  y  antes  que  subcediese  en  el  dicho  sefiorio, 
hizo  por  su  persona  en  las  guerras  cosas  hazafiosas  de  valentia,  pordonde  alcanzo 
tomar  dictado  de  Tlacatecatl,  que  tenia  por  titulo  de  gran  calidad  y  estado,  y  era  el 
punto  de  que  en  vacando  dicho  sefiorio,  el  tal  punto  y  grado  subcedia  luego  en  el  dicho 
sefiorio,  lo  qual  ansimismo  sus  antecesores  hermanos  altras  contenidos.  y  padre,  y 
aguelo  tuvieron  el  mismo  curso  de  los  titulos  y  dictado,  por  donde  subieron  a  ser 
sefiores  de  Mexico."  Again  (plate  LXVIII,  tercera  partida),  no  difference  is  made 
between  "Tlacatecatl"  and  •'Tlacochcalcatl  ;"  botli  are  called  "  valientes"  and  "capi- 
tanes  de  los  exercitos  Mexicanos."  Torquemada  (Lib.  II,  cap.  LV,  p.  172):  "y  que 
Axayacatl,  Hijo  de  Tegoc-omoetli  (Sefior  Mexicano)  era  Hombre  Valeroso,  y  de  mui 
gran  fuerte,  para  el  Reinado,  fue  de  comun  consentimiento,  pasado  a  esta  Dignidad, 
de  la  que  tenia  de  Tlacuhcalcatl,  y  Capitan  General,  y  hechc  Rei."  (Cap.  LXIII,  p. 
18fi):  "Ahuitzotl,  Hermano  del  Difunto,  y  de  su  Antecesor  Axayacatl,  era  Tlacatecatl, 
d  Capitan  General  de  los  Mexicanos.  .  .  ."  Thus  he  acknowledges  that  both  Tlacate- 
catl and  Tlacochtecatl  were  alike  eligible.  It  is  but  natural  to  read  similar  assertions 
in  Vetancurt  (Parte  Iln,  Trat.  1°,  cap.  XVI,  p.  305,  cap.  XVIII,  p.  320),  and  Clavigero 
(Lib.  IV,  cap.  XVIII,  p.  283,  cap.  XXII,  p.  287).  This  author  speaks  of  the  different 
"  chiefs  of  men  "  having  been  ■'  generals  in  chief"  of  the  Mexicans.  Now  since  (Lib.  VII, 
cap.  XXL  p.  494)  he  states  that  the  "  Tlacochcalcatl"  was  the  "principal"  among  the 
war-captains,  it  follows,  that  the  chiefs  named  by  him  had  all  attained  that  rank.  But 
we  know  that  other  authorities  frequently  give  them  another  title  also,  therefore  the 
conclusion  is  but  natural  that  there  were  several  head-chiefs  for  military  purposes,  etc., 
from  whom  the  "chief  of  men"  might  be  chosen. 

283  " Mblioteca  Mexicana"  (p.  58). 


690 

conceive  why  the  captain  "  Cuauhnochtecuhtli  "  should  not  be  one 
of  the  privileged  four,  it  is  easy  to  understand  why  the  "  man  of 
the  black  house"  should  be  of  that  number.  The  dark  house, 
"Casa  Lobrega"  of  Nunez  de  la  Vega,  in  Chiapas,  plays  a 
conspicuous  part  in  the  worship,  or  "  medicine  "  of  the  aborigines 
of  Mexico  and  Central  America.284  The  "  man  of  the  black,  or 
dark  house,"  was  therefore  an  intermediate  between  "medicine" 
and  tribal  government.  As  such,  he  appears  to  occupy  a  stage 
preparatory  to  the  high  office  of  "  chief  of  men,"  and  represents,, 
together  with  the  "  satraps  and  pnpaoaqui"  named  by  Sahagun,285 
the  element  of  medicine  or  worship  in  the  election  of  that  officer. 
"  Tlilancalqui "  is  occasionally,  though  rarely,  mentioned  as  a 
war-chief,286  but  missions  of  importance  appear  to  have  been 
intrusted  to  him  ;  .and  Joseph  de  Acosta  calls  the  three  other  chiefs 
"  warriors,"287  to  his  exclusion  ;  and  finally,  he  is  made  a  confiden- 
tial advisor  in  times  of  great  public  danger.  This  is  about  all  we 
know  of  this  office,  in  relation  to  the  government  of  the  Mexican 
tribe. 

The  fact,  amply  proven  as  it  is,  that  the  "  chief  of  men  "  had  to 
be  selected  from  among  the  four  chiefs  and  officers  enumerated, 
bears  directly  on  the  nature  of  the  •dignity  with  which  the 
"  Tlacatecuhtli "  was  invested.  It  fully  disposes  of  the  assump- 
tions, that  this  officer  was  anything  but  an  Indian  war-chief  of 
the  highest  order,  or  that  heredity  was  attached  to  the  office,  though 
it  does  not  disprove  succession  of  office  limited  to  any  single  kin. 
While  it  thus  explains  many  incidental  features  of  organization 
and  government,  it  leads  us  back  to  the  office  of  "chief  of  men"  and 
through  it,  recalls  some  of  the  fundamental  attributes  of  the  tribe. 

284  J.  H.  von  Minutoli  ("  Bcschreibuvy  einer  alten  Stadt  in  Guatemala,"  etc.,  "  Teatro 
Critico  Americano."  by  Felix  Cabrera,  German  translation,  p.  31) :  "  house  of  darkness 
which  he  (Votan)  had  built  in  the  space  of  a  lew  respirations."  But  the  dark  house  is 
yet  more  positively  noticed  in  Guatemala.  Popol  Full  (Part  II.  chap.  II,  p.  85) :  "'Ge- 
kuma  Ha,"  from  "  Gek  "  black,  "  Grammaire  QQuichee"  (p.  180).  Also  (Chap.  VIII,  p. 
147,  cap.  IX,  pp.  148  and  149).  It  is  interesting  to  notice,  in  connection  with  this,  that 
the  same  gathering  of  aboriginal  traditions  also  mentions  (p.  81)  a  hrflise  filled  with 
lances  (darts):  " R'oo  chicut  Chayim-ha  u  hi,  ntuquel  chakol  chupam  zaklelohre  chi 
cha,  chi  tzininic,  chi  yohohic,  cliii  i  pa  ha."  (Cap.  IX,  p.  154) :  "  qate  chicut  ta  x-e  oc  chi 
qaholab  pa  Chaim-ha."  This  corresponds  with  the  Mexican  "  Tlacoclicalcatl."  Again 
we  are  treated  (p.  85)  to  a  "house  of  tigers  "  also  repeated  (p.  154),  and  it  is  easy  to 
recognize  in  it  a  counterpart  to  the  '■  Tlacatecatl."  Thus  again  the  analogy  between 
the  Guatemaltecan.s  and  the  Mexicans,  appears  sustained  to  some  extent. 

2*5"  Historia  general,"  etc.  (Lib.  VIII,  cap.  XXX,  p.  31S). 

280 By  Tczozomoc.    Quotations  are  superfluous.    See  his  •'  Cronica." 

287  '•  Historia  natural  y  moral  de  Indias"  (Lib.  VI,  cap.  XXV,  p.  441). 

Report  Peabody  Museum,  II.  44 


691 

"We  have  already  stated  that  the  tribe  was  a  voluntary  association 
of  kins  for  mutual  protection.  Though  this  was  undoubtedly  the 
original  purpose,  it  becomes  evident  that,  in  course  of  time  and  as 
a  result  of  success  in  warfare,  the  tribe,  as  a  military  organization, 
grew  into  a  cluster  for  procuring  and  increasing  subsistence.288 
This  was  achieved  by  gathering  boot}'  in  successful  raids,  and  by 
imposing  tribute  upon  tribes  whose  military  power  had  been  over- 
come in  such  dashes  and  forays. 

Previous  to  the  formation  of  the  confederacy,  but  few  tribes  had 
been  conquered  by  the  Mexicans.289  In  fact,  it  was  the  nearly 
equally  balanced  power  of  the  Pueblos  occupying  the  lake  basin, 
that  made  the  formation  of  that  confederacy  possible.  Such  a 
course  was  necessary  to  prevent  them  from  destroying  each  other 
for  the  benefit  of  expectant  neighbors.290  But  when  once  this 
confederacy  was  formed,  then  their  joint  efforts  were  directed  to 
conquest,  and  to  the  acquisition  of  the  means  of  subsistence 
through  tribute.  As  the  imposition  of  tribute  was  a  military 
measure,  so,  also,  its  collection  was  in  the  hands  of  the  military 
branch  of  the  tribal  government.  This  is  evident  from  the  fact 
that  the  kins  had  delegated  to  the  tribe  all  authority  over  outside 
matters.291  Hence  the  "chief  of  men"  became  the  official  head 
of  tribute-gatherers.292 

288  uArt  0f  jrar"  (pp.  96,  97  and  98,  also  notes). 

289 The  number  and  names  of  these  tribes  are  yet  undefined.  The  specifically  Mexi- 
can sources  insisting  upon  a  conquest  of  Tezcuco  (by  force  of  arms)  by  the  Mexicans, 
it  follows  that,  according  to  the  Codice  liamirez  (pp.  51  to  61),  the  tribes  subjected 
before  that  supposed  event,  were  the  Tecpaneca,  the  Xochimilca,  and  those  of  Cuitla- 
huac,  or  the  settlements  to  the  west  and  southwest.  Durdn  (Cap.  IX  to  XV)  and 
Tezozomoc  (Cap.  VIII  to  XX)  concur;  so  does,  of  course,  Acosta  (Lib.  VII.  cap.  XII  to 
XV).  The  Codex  Mendoza  (plates  V  and  VI)  adds  to  the  above  the  pueblos  of  Chalco, 
Acolhnacan  and  of  Quauhnahuac  (Cuernavaea).  If  we  compare  it  with  the  Tezcucan 
tradition,  as  reported  by  Ixtlilxochitl  (••  Hist,  des  ChichimSques,''  Cap.  XXXI,  p.  216)  wre 
notice  that  it  is  claimed  for  that  tribe,  that  it  assisted  the  Mexicans  in  the  conquest  of 
Xochimilco  and  Cuitlahuac,  although  the  formal  confederation  took  place  (according 
to  the  same  authority.  Cap.  XXXII)  some  years  later.  According  to  Torquemada  (Lib. 
II,  cap.  XLII,  pp.  14S,  etc.),  Vetancurt  (Parte  1I«,  Trat.  1°,  cap.  XIV,  p.  291),  the  Xochi- 
milcas  were  conquered  by  the  confederates.  According  to  Veytia  ("  Historia  antir/ua," 
Lib.  III.  cap.  I,  p.  150).  the  Tezcucans  subjected  Xochimilco.  Clavigero  (Lib.  IV,  cap. 
V,  p.  253)  agrees  with  the  Mexican  version. 

280  "  Codice  liamirez'"  (p.  61). 

291  This  resulted  from  the  constitution  of  the  tribe,  as  an  association  of  kins  for 
mutual  protection  and  sustenance. 

202  Tezozomoc  (Cap.  X,  p.  IS):  ''y  aim  que  envian  a  darlo  ft  Ytzcoatl  era  para  todos  los 
Mexicanos«n  comun."  The  fact  that  the  gathering  of  tribute  was  directly  controlled 
by  the  '-chief  of  men  "  is  so  generally  admitted  that  it  hardly  needs  any  further  proof. 
liamirez  de  Fuenlcal  ("  Lettre,"  etc.,  p.  248,  ler  Iiecueil)  ascribes  the  gathering  of 
tiibute  to  an  officer  whom  he  calls  "  tecuxcalcatectli."  This  should  be,  properly, 
9** 


692 

Whenever  any  tribe,  with  or  without  a  struggle,  yielded  to  the 
warlike  power  of  the  Mexicans  and  their  associates,  the  amount 
and  kind  of  articles  to  be  delivered,  as  tribute,  at  fixed  periods, 
was  at  once  determined  between  "  the  parties.293  For  the  faithful 
performance  of  that  contract,  the  vanquished  stood  in  daily  peril 
of  their  lives  ;294  and  in  order  to  watch  them  constantly,  and  to 
regulate  the  delivery  and  transmission  of  the  tribute,  special 
officers  were  maintained  among  the  conquered  pueblos  by  their 
conquerors.  These  officers  were  called  "  gatherers  of  the  crops," 
calpixqui.  Each  one  of  the  three  confederates  sent  its  own 
"calpixqui"  among  the  tribes  which  had  become  its  exclusive 
prey,  and  where,  as  sometimes  occurred,  one  pueblo  paid  tribute 
to  all  three  confederates,  it  had  to  submit  to  the  residence  in  its 
midst,  of  as  many  representative  gatherers  of  duties.295 

"  tlacochcalcatl-tecuhtli."  But  we  know  that  the  duties  of  the  latter  officer  were  quite 
different.  Still,  the  collection  of  tribute  being  a  branch  of  military  life,  the  mistake 
is  easily  accounted  for.  The  military  chronicles  of  the  Mexican  tribe  teem  with 
instances  where  the  stewards  are  described  as  under  direct  orders  of  the  "chief  of 
men,"  as  in  Zurita  (pp.  68,  69.  70).  It  may  also  be  inferred  from  the  exaggerated  state- 
ments about  the  tribute  system  among  the  Tezcucans,  contained  in  Ixtlilxochitl 
("  Hist,  des  ChichimSques,"  Cap.  XXXV,  pp.  239-241). 

29»  I  refer  to  the  following  passages  of  Tezozomoc  ('•  Cronica,"  Cap.  IX,  p.  16, 
Capture  of  Azcaputzalco;  Cap.  XV,  p  24.  Cnyuacan ;  XVII,  p.  28,  Xochimilco;  XVIII, 
p.  29,  Cuitlahuac;  XXVI,  p.  40,  Chalco;  XXVII,  p.  41,  Tepeacac  and  Tecamachalco; 
XXIX,  pp.  44  and  45,  Tziccoac  and  Tucpan;  XXXII,  p.  50,  Ahuilizapan,  and  the 
Totonaca;  XXXVIII,  p.  52,  Coayxtlahuacan;  XXXVIII,  p.  61,  Huaxaca;  Cap.  LXf,  p. 
102,  Chiapan  and  Xilotepec;  Cap.  LXV,  p.  110,  Cuextlan;  Cap.  LXXII,  p.  122:  Teloloa- 
pan;  LXXVI,  p.  130,  Tecuantepec  and  others;  LXXIX,  p.  136,  Xoconuchco;  LXXXIV, 
p.  148,  Nopallan;  LXXXVIII,  Xaltepec;  XCI.  p.  159.  Quetzaltepec).  Duran  (Cap. 
IX,  p.  77;  X,  p.  94;  XII.  p.  112;  XVII,  p.  151;  XVIII,  p.  159;  XIX,  p.  171;  XXI, 
p.  185;  XXII.  p.  191;  XXIV,  p.  205;  XXXIV,  p.  269;  XLI,  p.  331;  XLVI.  p.  373,  etc.). 
These  passages  fully  illustrate  the  manner  in  which  the  tribute  was  imposed  on  the 
vanquished,  at  the  close  of  a  successful  foray.  Ixtlilxochitl  ("  Histoire  des  Chichimi- 
ques,"  Cap.  XXXVIII,  pp.  271  to  273).  Sahagun  (Lib.  VIII,  cap.  XXIV,  p.  313): 
"Habiendo  pacificado  la  provincia,  luego  los  senores  del  campo  repartian  tributos  a 
los  que  habian  sido  conquistados.  .  .  ." 

™*  Duran  (Cap.  LIII,  p.  423),  Also  the  complaints  of  the  Indians  of  Cempohual  and 
Quiahuiztlan  (Totonaconas)  (on  the  coast),  to  Cortes,  about  the  dread  in  which  they 
continually  stood  of  being  overrun  again  by  the  Mexicans  and  their  confederates. 
(Cortes  "  Carta  Segunda,"  p.  13,  Vedia  I),  Vernal  Diez  (Cap.  XLV,  p.  40;  XLVI,  p.  41, 
Vedia  II),  "  Heal  Ejecutoria,  etc."  (Col.  de  Doc's  II,  p.  12). 

3»5This  results  from  the  "articles  of  agreement"  of  the  confederacy.  See  besides: 
Zurita  (p.  67).  Hernando  Pimentel  Nezahualcoyotl  ("  Memorial  dirigido  al  rey,  etc." 
"  Geografia  de  las  Lenguas,"  Orozco  y  Berra  pp.  244  and  245)  also  states :  '•  The 
pueblos  whose  tributes  were  distributed  among  Mexico  and  Tezcuco  and  Tacuba 
were  the  following:  Coayxtlavuacan,  Cuauhtuchco,  Cotlaxtlan,  Avlisapan,  Tepeaca." 
Against  this  there  stands  the  version  of  Sahagun  (Lib.  XII,  cap.  XLI,  p.  59) :  "  Luego  alii 
hablo  otro  principal  que  se  llamaba  Mixcoatlaylotlacauelitoctzin,  dile  al  sefior  capitan, 
que  cuando  vivia  Mocthecuzoma  el  estilo  que  se  tenia  en  conquistar,  era  este,  que  iban 
los  Mexicanos,  y  los  Tezcucanos,  y  los  de  Tlacupan,  y  los  de  las  Chinampas,  todos 


693 

Thus  the  Mexicans  had  a  number  of  such  officers  scattered 
among  tributary  settlements.  The  "chief  of  men"  controlled 
their  actions,  but  his  power  did  not  extend  over  the  "calpixca" 
of  the  tribes  of  Tezcuco  and  Tlacopan.  He  could  not  even 
appoint  the  stewards  sent  to  dwell  among  the  tributary  foreign- 
ers,296 this  power  being  vested  in  the  council  alone.297  Such  an 
office  was  by  no  means  a  post  of  honor  and  enjoyment.  On  the 
contrary,  there  was  no  more  responsible  or  dangerous  duty  within 
or  without  the  tribe.  The  "calpixqui"  while  he  had  not  the 
slightest  authority  to  meddle  wijth  the  affairs  of  the  tribe  where  he 
lived, 29§  was  expected  to  watch  closely  the  dispositions  and  incli- 

jnntos  iban  sobre  el  pueblo  6  provincia  que  querian  conquistar,  y  despues  que  lo 
habian  conquistado,  luego  se  volvian  a  sus  casas,  y  a  sus  pueblos,  y  despues  venian 
los  senores  de  los  pueblos  que  habian  sido  conquistados,  y  traian  su  tribute  de  oro  y 
de  piedras  preciosas,  y  de  plumages  ricos,  y  todo  lo  daban  a  Mocthecuzoma,  y  asi  todo 
el  oro  venia  a  su  poder."  This  plain  and  very  natural  statement,  from  a  Tlatilulcan 
chief  who  afterwards  became  '-gobernador"  of  Tlatilulco  (Sahagun,  Lib.  VIII, 
cap.  II,  p.  274),  has  been  twisted  by  Torquemada  (Lib.  IV,  cap.  C1I,  p.  572),  so  as  to 
say  among  other  things:  '-and  they  had  the  tributes  gathered  at  Mexico,  and  here  it 
wa6  distributed  among  the  three  Lords  according  to  the  directions  given  by  him  of 
Mexico."  Torquemada  has,  in  this  instance,  evidently  changed  the  text  of  his  prede- 
cessor. There  is  also  an  undeniable  confusion  here  between  booty  and  tribute.  The 
former  had  to  be  divided  among  the  conquerors  while  they  were  yet  together;  the  latter 
occurred  regularly  afterwards,  and  hence  did  not  need  to  go  through  the  hands  of 
Mexicans  again.  The  story  of  Torquemada  is  corroborated  by  Jxtlilxochitl  {'-Hist, 
des  ChichimSques,"  Cap.  XXXIX,  p.  282),  who  clearly  says  that  "Fasting  Wolf"  put 
stewards  only  when  the  tribute  belonged  to  his  tribe,  but  that  the  whole  tribute  was 
brought  to  Mexico  and  there"  the  agents  of  the  three  chiefs  divided  it  among  them- 
selves. Finally,  we  have  the  obscure  statements  of  Ramirez  de  Fuenleal  (pp.  214,  247, 
in  ler  Itecueil  of  Mr.  Ternaux). 

296 The  "  Calpixcayotl "  was  a  permanent  office,  not  a  temporary  duty  or  mission; 
consequently  its  incumbents  could  not  be  appointed  by  a  single  war-chief.  There  is 
evidence  to  that  effect.  According  to  Durdn  (Cap.  XVIII,  p.  164),  after  those  of 
Tepeacac  had  been  conquered,  "  Cihuacohuatl "  placed  a  steward  in  their  midst :  "  Mira 
que  en  ello  no  aya  falta  ni  quiebra;  y  para  qnesto  mejor  se  cumpla,  os  quiere  poner  un 
gobernador  de  los  senores  Mexicanos,  al  qual  aueis  de  obedecer  y  tener  en  lugar  de  la 
real  persona,  el  qual  se  llama  Coacuech,  y  con  esto  os  podeis  ir  en  norabuena  a  vuestras 
tierras  y  ciudades  porque  al  rey  no  le  podeis  hablar."  (Cap.  XXI,  pp.  186  and  187).  The 
steward  for  Cuetlaxtlan  Avas  chosen  by  the  "  Snake-woman  ; "  or  at  least  his  choice  was 
proclaimed  by  that  officer.  (Cap.  XXIII,  p.  199) :  "Acauado  el  sacriflcio  y  despedidos 
los  giiespedes,  Tlacaelel,  con  consejo  del  rey,  enuio  un  virey  a  Coaixtlavac  para 
que  tuviese  cargo  de  aquella  provincia  y  de  los  tributes  reales,  el  qual  se  llamaua 
Cuauxochitl " 

297  This  results  from  the  fact  that  the  "  Cihuacohuatl  "  announced  the  newly  chosen 
"Calpixqui.".  In  this  case  he  plainly  acted  as  foreman  of  the  council,  proclaiming 
their  choice. 

598 1  have  already,  in  note  4,  disposed  of  the  statements  of  Sahagun  (Lib.  VIII,  cap. 
XXIV,  p.  313):  "  y  luego  elegian  gobernadores  y  oflciales  que  presidiesen  en  aquella 
provincia,  no  de  los  naturales  de  ella,  sino  de  los  que  la  habian  conquistado."  In  further 
explanation  thereof,  I  beg  to  call  attention  to  some  statements  of  the  interpreters  of 
the  Codex  Mendoza  (plates  XX  and  XXI):  "Los  pueblos  flgurados  en  los  dos  pianos 
siguientes,  resumidos  aqui,  son  diez  y  ocho  pueblos,  segun  que  estan  entitulados.    Por 


694 

nations  of  those  by  whom  he  was  surrounded  and  to  report  forth- 
with any.  suspicious  movements  or  utterances  that  came  to  his 
notice.  Thus  he  appeared,  in  the  eyes  of  the  people  among 
whom  he  resided,  as  a  spy,  whose  reports  might,  at  any  time, 
bring  down  upon  them  the  wrath  of  their  conquerors.  Again,  it 
was  his  duty  to  control  the  bringing  in  of  the  articles  promised  as 
tribute,  at  stated  times.  Consequently  he  was  the. hateful  tax-, 
gatherer,  the  living  monument  of  their  defeat  with  all  its  unfortu- 

los  Senores  de  Mexico  tenian  pnesto  un  gobernador  llamado  Petlacalcatl,  aunque 
en  cada  un  pueblo  tenian  puesto  un  Calplxqite,  que  es  como  Mayordomo,  que  tenian  a 
cargo  de  bacer  recojer  las  rentas  y  tributos  que  los  dicbos  SenOres  tribntaban  al 
SeSorio  de  Mexico  y  todos  los  dicbos  mayordomos  acudian  al  dicbo  Petlacalcatl,  como 
su  governador;  "  (plates  XXII  and  XXIII):  "  .  .  .  .  tenian  puestos  Calpixques,  en 
cada  uno  de  ellos,  y  en  lo  mas  principal  dominaba  sobre  todos  ellos  un  governador, 
para  que  los  mantubiese  en  paz  y  justicia,  y  les  hiciese  cumplir  sus  tributos  y  porque 
no  se  rebelasen ;  "  (plates  XXIV  and  XXV) :  "  Y  a  que  fuesen  bien  regidos  y  governa- 
dos,  los  Senores  de  Mexico  en  cada  uno  de  ellos  tenian  puestos  Calpixques,  y  sobre 
todos  les  Calpixques  un  governador,  persona  principal  de  Mexico,  y  ansi  niismo  los 
Calpixques  eran  Mexicanos,  lo  qual  se  hacia  e  probeya  por  los  dicbo.s  Senores  y  a 
seguridad,  para  que  no  les  rebelasen,  y  a  que  les  administrasen  justicia  yoyesen  en 
policia."  It  follows  from  the  above  that  the  "  Governors  "  were  placed,  not  so  much- 
over  the  tribes,  as  over  the  ''calpixca"  tliemselyes,  and  indeed  the  "Petlacalcatl," 
"  man  of  the  liouse  of  chests,"  was  the  head-steward,  to  whom  nil  the  other  stewards 
had  to  direct  their  consignments  of  tribute.  Consequently,  it  is  not  to  be  understood 
as  "governor  of  a  province,"  but  only  "governor  of  the  stewards,"  which  is  totally 
different. 

Besides,  there  is  positive  evidence  to  the  effect,  that  the  Mexicans  and  their 
associates  never  interfered  with  the  autonomy  of  tributary  tribes.  Andre's  de  Tdpia 
("Relation,"  etc.,  p.  502):  "Los  que  tomaba  de  guerra  decian  tequitin  tlacotle,  que 
quiere  decir,  tributan  como  esclavos.  En  estos  ponia  mayordomos  y  recogedores  y 
recaudadores;  y  aunque  los  senores  mandaban  su  gente,  era  debajo  de  la  mano  destos 
de  Mexico.  .  .  .  Zurita  ("  Rapport,'"  etc.,  p.  68) :  "  Les  chefs,  restant  seigneurs  comme 
avant  la  guerre,  conservaient  la  jurisdiction  civile  et  criminelle  dans  tonte  l'etendue  de 
leurs  domaines." 

When  the  tribes  of  the  gulf  coast  (the  Totonacas,  etc.)  arose  against  the  Mexicans, 
murdering  the  stewards  who  had  been  placed  among  them,  they  were  speedily  over- 
come again,  and  when  they  attributed  their  revolt  to  the  intrigues  of  their  head-chiefs, 
asking  the  Mexicans  to  punish  them  lor  it,  the  Mexicans  replied,  according  to  Durdn 
(Cap.  XXIV,  p.  204):  "  nosotros  no  traemos  autoridad  para  matar  a  nadie  sino  es  en 
guerra:  vuestros  senores  no  ban  parecido  en  esta  guerra  ni  los  eraos  visto,  peio  no 
por  eso  se  escaparan,  pues  vuestras  razones  y  de:-eo  y  lo  que  pedis,  se  dira  al  rey 
nuestro  senor  Montecuma,  y  el  mandara  que  se  execute  lo  que  nosotros  dexaremos 
ordeuado,  y  lnego  sin  mas  dilacion  los  traed  aqui  a  todos  ante  nosotros  y  a  muy  huen 
recaudo."  Afterwards:  "enviaron  a  Cuaunochtli  y  a  Tlilancalqui,  que  eran  de  los 
mayores  oydores  del  consejo  supremo,  para  que  executasen  aquella  justicia."  The 
two  chiefs  were  cruelly  butchered  (p.  20(5).  This  story  is  also  related  by  Tezozomoc- 
(Cap.  XXXV,  pp.  55  and  5fi),  and  it  is  evidently  (he  instance  referred  to  and  illustrated, 
by  the  Codex  Mendoza  (plate  LXVII).  The  foregoing  tells  us  tha.tcsveii  in  a  case  of 
dangerous  treachery  and  rebellion  such  as  the  above,  the  Mexicans  did  not  claim  the 
right  to  interfere  in  the  internal  affairs  of  the  conquered  tribe,  of  their  own  accord,  but 
that  it  required  the  positive  request  of  that  tribe  to  cause  them  to  act  in  the  premises. 
Furthermore,  the  position  of  the  "  chief  of  men  "  as  military  executor  is  clearly  defined  : 
"  y  el  mandara  que  se  execute  lo  que  nosotros  dexaremos  ordeuado."  A  very  important 
statement  I 


695 

nate  results.  It  certainly  required  men  of  capacity  and  experience 
to  fill  such  a  position,  and  we  need  not  wonder,  therefore,  if  the 
"calpixca,"  whom  Cortes  met  among  the  Totonacas  of  the  coast, 
wore  the  distinctive  tokens  of  chiefs. ~39 

The  conditions  of  tribute  were  various.  Some  tribes  delivered 
their  contributions  every  eighty  days,  whilst  others  sent  them  in 
annually.300  In  most  cases,  the}'  had  to  be  carried  to  Mexico- 
Tenuchtitlan  by  the  tributaries,  or  at  least,  the  delivery  was  at 
their  charge.301  This  was  doue  frequently  b}'  prisoners  of  war, 
made  by  the  tributary  pueblo  and  sent  as  part  of  the  tribute 
itself.30'2  The  ?'calpixqui"  superintended  this  intercourse,  he 
verified  the  articles  received,,  and  again  dispatched  them,  properly, 
to  the  "  seat  and  home  "  of  the  Mexicans.     All  this  necessitated 

299  nernal  Diez  de  Castillo  (Cap.  XLVr,  pp.  40  and  41). 

300The  most  complete  record  of  tributes  which  we  possess,  until  now,  is  contained 
in  the  so-called  Codex  Mendoza  i  Parte  Segunda,  plates  XIX  to  LVII,  inclusive).  A  full 
discussion  of  the  multifarious  details  thereof  is  impossible  here.  It  would  require  an 
essay  by  itself,  which,  however  instructive  it  might  be,  would  largely  exceed  the  limits 
of  this  paper.  Of  course,  not  all  the  authorities  agree  with  them.  I  merely  refer,  in 
addition,  to  Durdn  (Cap.  XXV),  Oviedo  (Lib.  XXXIII,  cap.  LI,  pp.  535.  '(5  and  '7), 
Clarigero  (Lib  VII,  cap.  XV).  Jxililxochitl  ('•  Hist,  ties  ChitsJiimSques,"  Cap.  XXXV),  the 
latter  as  well  as  Torquemada  (Lib.  II,  cap.  LIII,  pp.  167-and  1(58)  confining  himself  to 
the  Tezcucans  and  their  tributaries  exclusively.  See  furthermore,  Zurita  (pp.  -24(5, 
247  and  '248),  Ramirez  de  Fuenleal  (Letter,  p.  251).  It  is  s-.lso  interesting  to  consult  the 
statements  gathered  on  the  tribute  question,  from  tribes  subject  to  the  Mexicans.  See, 
on  Chalco,  Fray  Domingo  de  la  Anuneiacion  (Letter  dated:  Chalco,  20  Sept.,  1554,  2d 
"  Recueil"  of  Mr.  Ternaux-Compans.  pp.  33:5  and  334):  on  Matlatzinco,  Zurita  (pp.  394- 
397),  Herrera  (Dec.  Ill,  lib.  IV,  cap.  XVIII,  p.  140).  The  latter  mostly  copies  from 
Zurita.  Finally,  much  information  as  to  the  details  can  be  gathered  from  the  '•  Codice 
llamirez"  (pp.  03  and  1'5),  and  especially  from  the  traditions  on  the  forays  and  dashes 
of  the  Mexicans  contained  in  the  specifically  Mexican  sources  already  quoted. 

s°i  Tezozomoc  (Cap.  XXVII,  p.  41,  Cap.  XXXIII,  p.  52,  Cap.  LXI,  p.  102,  etc.,  etc.), 
Durdn  (Cap.  LXIX.  p.  171):  "Pues  mira  que  lo  aueis  de  llevar  a  Mexico  vosotros 
mesmos.  Ellos  respondieion  que  les  placia  de  lo  lleuar  alia  y  seruillos,  .  .  .  ."  (Cap. 
XXII,  p.  191) :  "  y  que  se  obligasen  a  traello  a  Mexico.  .  .  ."  (Cap.  XXIV,  p.  200,  Cap. 
XXV,  p.  203,  etc.,  etc.,  etc.) 

302  Durdn  (Cap.  XXV,  pp.  212  and  213).'  Such  female  slaves  became  concubines. 
The  various  tribes  exchanged  also  their  prisoners  of  war,  one  tribe  buying  (exchanging 
for  products  of  the  soil  or  for  manufactures)  of  another  those  piisoneis  which  it 
had  received  as  such  tribute,  and  also  presenting  each  other  on  solemn  occasions 
with  such  prisoners.  There  are  many  illustrations  of  this  to  be  found.  Thus  the 
markets  of  aboriginal  Mexico  also  had  •'  slaves,"  for  sale,  who  were  obtained  in  this 
manner.  They  were  not  numerous,  and  did  not  form  a  class,  only  an  object  of  medi- 
cine subject  to  exchange  and  barter.  Cortes  (■'  Carta  Segunda,"  p.  35.  Vedia  I) 
only  speaks  of  "bonded  people"  standing  in  the  markets"  or  "outcasts"  ready  to 
"  bind  "  themselves  —  "  to  let."  Rut  Hernial  Diez  de  Castillo  (Cap.  XCII,  p.  89,  Vedia  II), 
evidently  describes  such  unfortunate  people  :  ■'  e  traianlos  atados  en  nnas  varas  largas, 
con  collares  a  los  pescuezos  porque  no  se  les  huyesen,  y  otros  dejaban  sueltos."  The 
same  author  (Cap.  XL VI,  p.  41)  mentions  the  demand  made  upon  the  "  Totonaca's"  of 
the  coast  by  the  Mexican  "calpixca"  for  "twenty  Indians  of  both  sexes  to  pacify 
their  Gods  therewith."  This  is  confirmed  in  a  general  way  by  Cortes  ("  Carta 
Segunda,"  p.  13,  Vedia  I). 


696 

assistants  at  his  disposal — runners  —  who  not  only  accompanied 
the  convo\rs  of  tribute,  but  through  whom  a  regular  communication 
might  be  kept  up  with  the  Mexican  tribe.  On  the  strength  of  this, 
it  has  been  fancied  that  not  only  a  road-system  analogous  to  that 
of  the  Romans,  pervaded  the  entire  area  of  actual  Mexico,  but 
that  a  perfect  postal  system  was  in  full  and  successful  operation. 
In  regard  to  the  first  assumption  we  beg  to  refer  to  the  letter  of 
the  Licentiate  Salmeron,  dated  Mexico,  13th  August,  1531,  and 
directed  to  the  council  of  the  Indies:303  "I  believe  that  all 
through  the  land  roads  should  be  opened  which  would  be  prac- 
ticable both  for  beasts  of  burthen  and  for  carts.  It  would  greatly 
increase  the  security  of  our  possessions.  Since  the  Indians  had 
no  beasts  of  burthen,  their  paths  were  straight  and  narrow,  and 
so  direct  that  they  would  not  deviate  an  inch  in  order  to  avoid 
climbing  the  most  rugged  mountains."  Over  these  Indian  trails, 
where  occasionally  heavy  culverts  of  stone,  filled  up  gaps  and 
spanned  narrow  ravines,304  the  tribute  was  forwarded  to  the  pueblo 
of  Tenuchtitlan,  and  the  necessary  runners  moved  swiftly,  to  and 
fro,  as  occasion  required.  But  there  was  no  regularity  in  this 
intercourse.  There  were  no  relays,  and  the  Indian  messenger 
relied,  in  order  to  traverse  the  wide  belts  of  waste  lands  between 
tribe  and  tribe,  upon  his  own  endurance  and  upon  the  bag  of  pro- 
visions which  he  carried  along.305 

On  solemn  occasions,  the  convoy3  of  tribute  were  not  merely 
escorted  by  runners  and  watchmen  detailed  for  that  purpose  by 
the  "calpixqui,"  but  that  officer,  himself,  accompanied  them  and 
entered  Mexico-Tenuchtitlan  at  their  head.306  The  articles  were 
carried  to  the  "Tecpan"  and  then  the  duties  of  the  "chief  of 
men  "  in  regard  to  tribute  in  general  ended.  For  this  tribute  was 
not  due  to  him,  but  to  the  tribe,  and  it  was  the  tribal  representa- 

303  "  Second  Recueil  de  Pieces  sur  le  Mexique"  (H.  Ternaux-Compans.  pp.  191  and  192). 

304  The  collection  of  Lord  Kingsborough  has,  among  others,  the  pictures  of  so-called 
bridges.  Anyone  can  see  at  a  glance  that  they  are  mere  heavy  culverts.  Mr.  H.  H. 
Bancroft  ("  Native  Races,'"  Vol.  IV,  p.  528)  figures  a  bridge  at  Huejutla,  but  his  argument 
in  favor  of  its  being  an  aboriginal  construction  a]  pears  to  me  very  unsatisfactory. 
The  masonry  covering  the  mound  at  Mellaltoyuca  shows,  according  to  his  own  words 
(Id.  p.  4(;i) :  'there  is  no  evidence  that  the  arch  was  intentionally  self-supporting." 

3»5  We  must  always  discriminate  between  delegates,  entrusted  with  certain  business 
to  transact,  and  therefore  also  clothed  with  a  certain  authority,  and  mere  runners. 
("Correos"  — "  Yciuhca  titlantli"  Molina  1,  p.  30,  from  "  Iciuhca"  — quick  and 
"titlantli"  — he  who  goes  on  an  errand,  II,  pp.  32  and  113).  The  latter  are  very  well 
described  by  Torquemada  (Lib.  XIV,  cap.  I,  pp.  535  and  536),  although  he  presupposes 
relays  at  regular  intervals.    This  was  not  the  case,  as  the  march  of  Cortes  amply  proves 

306  ,i  Codice  Ramirez"  (p.  (53). 


697 

tives  to  whom  it  was  delivered.307  If  the  gathering  of  tribute 
thus  required  a  set  of  officers  necessarily  placed  beneath  the 
orders  of  the  military  chieftain,  another  set  was  needed  for  its 
preservation  and  judicious  distribution.  If  the  one  consisted  of 
stewards  dwelling  outside  of  the  pueblo,  the  other  was  composed 
exclusively  of  home-stewards.  Every  convoy  was  therefore  "  con- 
signed "  to  a  proper  officer,  whose  dut}'  it  was  to  receive  it  and 
then  abide  the  directions  of  his  superiors  as  to  its  apportionment.308 
We  have  already  mentioned  the  "  Cihuacohuatl "  as  the  officer, 
who  was  responsible  to  the  council  for  the  administration  of  the 
stores  and  the  proper  distribution  thereof,  though  he  had  beneath 
him  another  officer,  to  whom  this  duty  was  really  and  practi- 
cally assigned.  Torquemada  and  those  who  have  followed  his 
school,  call  this  subordinate  "great  crop-gatherer,"  "  Hueycalpix- 
qui,"309  whereas  Tezozomoc  and  Duran  apply  to  him  the  title  of 
"man  of  the  house  of  chests"  "  Petlacalcatl"  310  In  both  cases, 
however,  he  is  represented  as  "  chief  steward,"  to  whom  all  the 
others  should  render  account.  He  superintended  the  distribu- 
tion of  the  tribute,311  and  to  him  the  kins  came  for  their  share  — 
perhaps  the  largest  of  all.  Unfortunately,  we  are  unable  to 
establish  the  principles  upon  which  the  division  took  place.  All 
that  we  know  is,  that  the  tribe  received  one  portion  and  the  kins  or 
"calpulli"  the  other,  and  that  the  "man  of  the  house  of  chests," 
under  whose  eyes  the  distribution  took  place,  afterwards  looked 
to  those  stores,  in  particnlar,  which  were  reserved  for  the  tribe, 
i.  e.  :  for  the  demands  of  the  tribal  government.312  Therefore,  the 
"  man  of  the  house  of  chests  "  frequently  appears  to  be  under  the 
direct  orders  of  the  "  chief  of  men,"  who  could  apply  to  him,  more 
particularly,  for  such  articles  as  were  required  for  the  exercise  of 
tribal  hospitality  including  gifts,  and  for  displays  of  finery  on 
particularly  solemn  occasions.313  It  is  true  that,  as  we  have 
elsewhere  shown,  particular  tracts  of  land,  "  tecpan-tlalli,"  were 
reserved  among  tributary  tribes  for  the  demands  of  the  official 

307  Tezozomoc  (Cap.  X,  p,  IS),  Herrera  (Dec.  Ill,  lib.  IV,  cap.  XVII,  p.  138). 

30H  Tezozomoc  (Cap.  XXXII,  p.  51) :  "A  los  dichos  pueblos  fue  un  mayoidonio  para 
cobrar  este  tributo,  como  para  todos  los  rlemas  pueblos,  que  en  Mexico  havia  un 
mayoidonio,  y  otro  en  el  misnio  pueblo  para  mayor  sugecion  y  vasallage." 

309  Torquemada  (Lib.  XIV,  cap.  VI,  pp.  541,  545),  copied  by  Vi-tancurt  (Parte  Ila, 
Trat.  11°,  cap.  1°,  pp.  370  and  371),  Clavigero  (Lib.  Vll,  cap.  X,  pp.  408  and  4G9). 

310  Also  by  the  Codex  Mendoza  (Interpretation  to  plates  XX,  XXI,  etc.). 

311  See  note  309,  also  Tezozomoc  and  Duran. 

312 This  is  so  frequently  mentioned  by  Tezozomoc,  that  I  forbear  detailed  quotations. 
313  Tezozomoc  (''  Cronica  Mexicana,"  sundry  places,  too  numerous  to  refer  to). 


698 

households,314  still,  on  many  occasions,  whether  festive  or  in  the 
hour  of  need,  the  crops  raised  thereon  would  not  be  sufficient,  and 
thus  other  stores  were  laid  up  and  held  for  prudential  reasons.315 
Over  these  stores  the  "  Petlacalcatl "  presided.  This  officer  was, 
in  all  probability,  appointed  by  the  council,  and  he  was  account- 
able in  the  first  place  to  the  "  Cihuacohuatl,"  who  kept  a  register 
or  list  of  the  articles  received  as  well  as  of  their  apportionment- 
These  rude  paintings  on  prepared  skin,  or  tissue,  have  given  rise 
to  the  fable  that  "archives"  existed  at  the  aboriginal  pueblos  of 
Mexico,  Tezcuco,  and  Tlacopan.316 

The  stores  required  for  worship  and  for  the  support  of  the 
"  medicine-men"  were,  as  far  as  the  central  or  tribal  "house  of 
God"  was  concerned,  also,  taken  from  this  tribute,  and  assigned 
to  the  "medicine-men"  according  to  their  need.  But  the  bulk 
of  the  tribute,  presumably,  went  to  the  kins,  who  apportioned 
it  among  their  members,  after  reserving  the  necessary  quota  for 
their  government  and  for  worship.  In  this  manner  the  proceeds  of 
tribal  association  finally  reached  the  individual, —  not  through  the 
tribe  unless  he  was  an  outcast,  but  through  the  kin, —  and  thus 
the  latter  again  appears  as  the  working  unit  of  organized  society, 
even  in  the  vital  matter  of  subsistence. 

The  procuring  of  subsistence,  by  means  of  warfare,  is  the  widest 
field  of  tribal  action  known  to  aboriginal  Mexico.  It  links  to- 
gether kin  and  tribe,  and  furnishes  a  raison  d'etre  for  the  highest 
known  form  of  tribal  society  —  the  confederacy. 

After  what  has  been  said  in  this  and  the  preceding  essa}Ts,  it  is 
superfluous  to  recur,  in  detail,  to  the  confederacy  formed  by  the 
three  "Nahuatl"  tribes,  of  Mexico,  Tezcuco  and  Tlacopan.  Its 
"articles  of  agreement"  have  been  stated  elsewhere;  and  we 
know  the  prominent  position,  in  a  military  point  of  viewr,  occupied 
by  the  Mexican  tribe  in  this  partnership,  formed,  as  it  was,  for  the 
purpose  of  war  and  plunder.  All  that  remains  for  us  to  emphasize 
is  the  fact,  that  this  inter-tribal  connection  in  the  Mexican  valley 
did  not  extend  further  than  a  tri-partite  association  for  the  afore- 
said purposes.  There  was  no  interference  on  the  part  of  the 
conquerors,  in  the  affairs  of  the  conquered,  no  attempt  gradually 

»i*"  Tenure  of  Lands"  (pp.  419  and  «0). 

315  See  the  concurrent  reports  about  the  great  drouth,  while  "  Wrathy  chief  who 
shoots  arrows  heavenward"  (•'Montezuma  Ilhuicamina")  was  "chief  of  men." 

310This  very  interesting  and  important  question  will  soon  be  fully  discussed  by  a 
very  competent  authority.  I  consequently  forbear  entering  into  any  examination 
thereof. 


699 

to  cast  the  heterogeneous  elements  into  one  uniform  mould, 
because  there  was  no  idea  of  any  form  of  society  other  than  that 
based  upon  kin,  and  of  this,  the  tribe,  characterized  by  inde- 
pendent territory,  a  dialect  of  its  own  and  a  common  name  and 

ft 

worship,  formed  the  highest  governmental  expression. 

We  have  thus,  involuntarily  almost,  retraced  our  steps  to  the 
point  of  departure  and  justified,  as  we  believe,  our  original  propo- 
sitions. We  have  tried  to  show  that  there  was,  in  aboriginal 
Mexico,  neither  state,  nor  nation,  nor  political  society  of  any  kind. 
We  have  found  a  population  separated  into  tribes  representing 
dialectical  variations  of  speech,  e:ich  tribe  autonomous  in  matters 
of  government,  and  occasionally  forming  confederacies  for  purposes 
of  self-defence  and  conquest.  Out  of  that  confederacy,  brought 
so  prominently  forward  by  the  events  of  the  Spanish  conquest, 
we  have  selected  on  account  of  its  military  pre-eminence,  one 
tribe, —  the  ancient  Mexicans—  and  we  have  shown  that  it  was 
an  organic  body  composed  of  twenty  autonomous  kins  for  pur- 
poses of  mutual  protection  and  subsistence.  A  social  organi- 
zation  resting  upon  such  a  foundation  must,  of  necessity,  have 
been  a  democratic  body.  Indeed,  we  have  found  that  each  kin  was 
governed  by  strictly  elective  officers,  subject  to  removal  at  the 
pleasure  of  their  constituents;  that  the  twenty  kins,  for  their 
mutual  benefit,  had  delegated  their  powers  to  transact  business 
with  outsiders  to  a  council  of  the  tribe,  in  which  every  kin  was 
represented  by  one  member  and  consequently,  had  the  same  voice 
and  vote  as  either  one  of  the  others.  The  execution  of  the  decrees 
ol  this  council  was  left  to  elective  ollieers,  whose  power  was  limited 
to  military  command,  and  whom  the  tribe  might  depose  at  pleas- 
ure. With  the  exception  of  some  very  inferior  positions,  these 
offieers  had  not  the  power  of  appointing  others  to  office,  not  even 
their  assistants  of  high  rank.  The  dignity  of  chief,  so  commonly 
transformed  into  hereditary  nobility,  has  been  found  to  have  been, 
merely,  a  reward  of  merit  and  carried  with  it  no  other  prerogatives 
than  personal  consideration  and  occasional  indulgence  in  finery. 
Taking  all  this  together,  and  adding  to  it  the  results  of  our  inves- 
tigations into  the  military  organization  of  the  ancient  Mexicans, 
as  well  as  of  their  communal  mode  of  holding  and  enjoying  the 
soil,  we  feel  authorized  to  conclude  that  the  sociid.  organization  and 
mode  of  government  of  the  ancient  Mexicans  teas  a  military  de- 
mocracy, originally  based  upon  communism  in  living. 
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