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JUDICIAL SYSTEM. 9 and in default of such, reverted to the crown. Most cf them seem to have been burdened with the obligation of military sendee. The principal chiefs of Tezcuco, according to its chronicler, were expressly obliged to support their prince wdth their armed vassals, to attend his court and aid him in the council. Some, instead of these services, were to provide for the repairs of his buildings, and to keep the royal demesnes in order, with an annual offering, by way of homage, of fruits and flowers. It was usual, if we are to believe historians, for a new king, on his ac cession, to confirm the investiture of estates derived from the crown. It cannot be denied that we recognise in all this several features of the feudal system, which, no doubt, lose nothing of their effect, under the hands of the Spanish writers, who are fond of tracing analogies to European institutions. But such analogies lead sometimes to very erroneous conclusions. The obligation of military service, for instance, the most essential principle of a fief, seems to be naturally demanded by every government from its subjects. As to minor points of resemblance, they fall far short of that harmonious system of reciprocal service and protection which embraced, in nice gradation, every order of a feudal monarchy. The kingdoms of Anahuac were, in their nature, despotic, attended, indeed, with many mitigating circumstances unknown to the despotisms of the East; but it is chimerical to look for much in common —beyond a few accidental forms and ceremonies—with those aristocratic institutions of the Middle Ages, which made the court of every petty i 6aron the precise image in miniature of that of his sovereign. The legislative power, both in Mexico and Tezcuco, resided wholly with the monarch. This feature of despotism, however, was in some measure counteracted by the constitution of the judicial tribunals—of more importance, among a rude people, than the legislative, since it is easier to make good laws for such a community, than to enforce them, and the best laws, badlv administered, are but a mockery. Over each of the principal cities, with its dependent territories, was placed a supremo judge, appointed by the crown, with original and final jurisdiction in both civil and criminal cases. There was no appeal from his sentence to any other tribunal, nor even to the king. He held his office during life ; and any one who usurped his ensigns was punished with death.* Below this magistrate was a court, established in each province, and consisting of three members. It held concurrent jurisdiction with the ^ supreme judge in civil suits, hut in criminal, an appeal lay to his ^ tribunal. Besides these courts, there was a body of inferior magistrates distributed through the country, chosen by the people themselves in their several districts. Their authority was limited to smaller causes, while the more important were carriel up to the higher courts. There was still another class of subordinate officers, appointed also by the people, each of whom was to watch over the conduct of a certain number of families, and report any disorder or breach of the laws to the higher authorities, t In Tezcuco the judicial arrangements were of a more refined character; * This magistrate, who was called cihuaccatl, was also to audit the accounts of the collectors of the taxes in his district. t In this arrangement of the more humble magistrates we are reminded of the Anglo- Saxon hundreds and tithings, especially the latter, the members of which were to watch over the conduct of the families in their districts, and bring the offenders to justice. The hard penalty of mutual responsibility was not known to the Mexicans.
