Motecuhzoma Ilhuicamina is often credited with making sure the Aztec legal system was honest and fair. The Aztecs certainly had a collection of laws before Motecuhzoma became tlatoani. But he did introduce new rules that made sure the laws would be applied in the same way for everyone.
Trials could be held throughout the empire. A jury heard the evidence against the accused person. The jury consisted of a head judge, who ran the trial, and several other judges as well. They listened to witnesses who saw the crime or looked at other evidence. If the criminal was an important person or a noble, the trial might be heard by the tlatoani.
The jury decided whether a person was guilty. The head judge then passed sentence on anyone found guilty. Guilty people knew that there was no room for mercy. The sentences were already set out in the legal code.
Anyone tried and convicted in a lower court could appeal the verdict to a council, much like today’s supreme court. The tlatoani appointed judges to this council.
The tlatoani was not only the Aztecs’ government leader, he was also the head judge. The laws were very simple, and the punishments were severe. People learned from an early age that they had to obey the law. The Aztecs wanted order in their society, and they got it.
The Aztecs had the same types of crimes that society has today. However, not all criminals were treated equally. Aztec nobles who committed crimes generally received harsher sentences than commoners. They lived a life of privilege and were expected to know better than to commit a crime. Thus, they deserved greater punishment if they were found guilty.
IN THEIR OWN WORDS
Order in the Court
Most judges were nobles, although some were chosen by the tlatoani from among commoners who were well brought up and were good warriors. spanish priest and historian Bernadino de Sahagun noted some of the qualities the ruler looked for in good judges.
Such as these the ruler gave office and chose as his judges—the wise, the able, the sage; who listened and spoke well; who were of good memory; who spoke not vainly or lightly; who did not make friends without forethought nor were drunkards; who guarded their lineage with honor; who slept not overmuch, [but rather] arose early; who did nothing
For friendship's or kinship's sake, nor for enmity; who would not hear or judge a case for a fee. The ruler might condemn them to death; hence they performed their offices as judges righteously.
The last sentence explains that if a judge unfairly favored one person, such as a friend or relative, or took a bribe, he could be executed.
(Source: Sahagun, Bernardino de, General. History of the Things of New Spain (Florentine Codex). vol. 8. Translated by Charles E. Dibble and Arthur J. O. Anderson. Reprint. Santa Fe, N. M.: School of American Research and the University of Utah Press, 1979.)
This page from the Codex Mendoza shows the tribute paid to Aztec rulers by people living in the empire.
Treason—disloyalty to the government—was the worst of crimes. A traitor was put to death, the family lost all its property, and the children were sold into slavery. The sentence for anyone convicted of murder, adultery (cheating on a spouse), or major theft was death. This was also true for people caught moving a field boundary marker. These markers showed who owned what land, so moving one amounted to stealing land.
People who were drunk in public had their heads shaved and their houses destroyed. For a second offense, the drunken person was put to death. Any commoner found wearing cotton clothing was put to death. Cutting down a living tree also brought the death penalty. Death sentences were usually carried out by stoning, beating, or strangling the guilty person.
People who committed lesser crimes were expected to make good on what they had done. For example, a thief had to return stolen goods. Several crimes earned a sentence of slavery. Handling stolen property, kidnapping, and minor theft meant a criminal would be sold as a slave. Anyone in the marketplace caught selling poor quality goods lost their property. The penalty for committing slander—speaking falsely about someone—was having one’s lips cut off. With such severe penalties for crimes, the Aztecs were a very law-abiding people.
World History
