Jamail Center for Legal Research
Rare Books & Special Collections
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Attorneys and Judges
An Aztec court in session (below right) (Codex
Mendoza). Four judges with their assistants behind them (wearing
diadems, seated on reed chairs and mats) face six litigants.
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Teccalli, or Teccalco: there were the judges and noblemen. Every day
the common folk and vassals laid complaints before them. Calmly and
prudently they heard the plaints of the vassals; in the picture writing
which recorded the case, they studied the complaints. And when they
tested their truth, they sought out and inquired of informers and
witnesses who could size up the plaintiffs, [who knew] what had been
stolen and what was charged.
—Florentine Codex, Eighth Book, Fourteenth Chapter
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A judge passing sentence on an erring official (left)
(Historia de ... Nueva España).
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And the ruler, if he knew anything ill of these
judges<—perhaps that they needlessly delayed the case of
common folk ... [that] they could not pronounce judgment because of
either a bribe or kinship—he then seized them and jailed
them in wooden cages, exacted the penalty, and slew them, so that the
judges might walk in dread.
—Florentine Codex, Eighth Book, Fourteenth Chapter
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The good magistrate [is] just: a hearer of both sides, an examiner
of both sides, a listener to all factions, a passer of just sentences, a
settler of quarrels, a shower of no favor. He fears no one; he passes just sentences;
he intercedes in quarrels; he shows no bias.
The bad magistrate [is] a shower of favor, a hater of people, an
establisher of unjust ordinances, an accepter of bribes, an issuer of
corrupt pronouncements, a doer of favors [with partiality].
—Florentine Codex, Tenth Book, Fourth Chapter
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The good attorney (51) (right); the bad attorney (52)
(Historia de ... Nueva España).
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The good attorney ... is discreet, able, astute, diligent, constant,
unflagging, sharp-tongued, contentious, wrangling, ingenious,
persevering, audacious, unyielding, persistent, dignified, solicitous,
careful of things.... He offers rebuttals; he appeals, he pleads. He
bows in reverence; he humbles himself. He ensnares; he accuses. He
solicits things; he shouts; he is daring, compulsive; he misleads one;
he contends, emerging victorious, triumphant; he is aggressive. He
collects tribute ... He consumes a tenth of it—he draws
recompense.
The bad attorney [is] one who takes things from others by fraud. [He
is] a persistent beggar, an excessively importunate one; [he is] one who
spirits things away by deceit, who travels the road with cunning. He is
a hypocrite—lazy, lukewarm, negligent, deceiving, two-faced,
inconstant, squandering, dumb, mute.
—Florentine Codex, Tenth Book, Ninth Chapter
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Nezahualcoyotl, ruler of Texcoco, 1431-1472 (left) (Codex
Ixtlilxochitl). Nezahualcoyotl was famous as a master statesman and
as the greatest legislator of the Aztec world. To institute social
control over a vast territory with a great number of lesser rulers and
differing customs, he centralized legal and political power in himself,
partly through a famous code of eighty laws that regulated anti-social
behavior and reorganized the courts.
The palace of Nezahualcoyotl in Texcoco, as shown in the "Mapa
Quinatzin" (bottom right) (Memoires...). In the center are
the chiefs of 14 subject towns. Through tribute, attendance at his
court, and arranged marriages, the ruler exercised close political
control over the local chiefs. In the large room in the upper center sit
Nezahualcoyotl and his son.
One of Nezahualcoyotl's innovations was a Supreme Legal Council of
twelve judges, including his close kinsman as presiding judge. Their
decisions could be appealed to two higher judges (in the room at upper
left), who could pass sentence only with the ruler's approval.
Neighboring Aztec states often sent difficult cases to the court of
Texcoco, because of the high reputation of its judges and laws.
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