Houses and House-Life of the American Aborigines Part 10

[Footnote: "Narratives of the Rites and Laws of the Yncas, translated from the original Spanish ma.n.u.scripts, and edited by Clement R. Markham." Publication of the "Hackluyt Society," 1873.

"Report of Polo de Ondegardo," who was "Regidor" of Cuzco in 1560, and a very important authority (see Prescott, "History of the Conquest of Peru," note to Book I, cap. V). Confirmed by Garcia ("El Origen de los Indios," Lib. IV, cap, XVI, p. 162).] ...

"The expanse held and occupied by the calpulli, and therefore called 'calpulalli' was possessed by the kin in joint tenure. It could neither be alienated nor sold; in fact, there is no trace of barter or sale of land previous to the conquest."

[Transcriber's Note: Lengthy footnote 8 relocated to chapter end.]

[Transcriber's Note: Lengthy footnote 9 relocated to chapter end.]

If, however, any calpulli weakened, through loss of numbers from any cause whatever, it might farm out its area to another similar group, deriving subsistence from the rent.

[Footnote: Zurita (p. 93): "In case of need it was permitted to farm out the lands of a calpulli to the inhabitants of another quarter."

Herrera (Dec. III, lib. IV, cap, XV, p. 134): "They could be rented out to another lineage."]

If the kins.h.i.+p died out, and its lands therefore became vacant, then they were either added to those of another whose share was not adequate for its wants or they were distributed among all the remaining calpulli.' [Footnote: Zurita (p. 52): "When a family dies out, its lands revert to the calpulli, and the chief distributes them among such members of the quarter as are most in need of it."]

The calpulli was a democratic organization. Its business lay in the hands of elective chiefs--'old men' promoted to that dignity, as we intend to prove in a subsequent paper, for their merits and experience, and after severe religious ordeals. These chiefs formed the council of the kin or quarter, but their authority was not absolute, since on all important occasions a general meeting of the kindred was convened. [Footnote: Zurita (pp. 60, 61, 62). Ramirez de Fuenleal ("Letter," etc., Ternaux-Compaus, p. 249).]

The council in turn selected an executive, the 'calpullec' or 'chinancallec,' who in war officiated as 'achcacauhtin' or 'teachcauhtin' (elder brother).

[Transcriber's Note: Lengthy footnote 10 relocated to chapter end.]

This office was for life or during good behavior. [Footnote: Zurita (pp. 60 and 61). Herrera (Dec. III, Lib. IV, cap. XV, p. 125): "I le elegian entre si y tenian por maior."]

It was one of his duties to keep a reckoning of the soil of the calpulli, or 'calpulalli,' together with a record of its members, and of the areas a.s.signed to each family, and to note also whatever changes occurred in their distribution.

[Transcriber's Note: Lengthy footnote 11 relocated to chapter end.]

Such changes, if unimportant, might be made by him; more important ones, or contested cases, had to be referred to the council of the kins.h.i.+p, which in turn often appealed to a gathering of the entire quarter. [Footnote: Zurita "Rapport," etc., pp. 56 and 62. We quote him in preference, since no other author known to us has been so detailed.]

The 'calpulalli' was divided into lots or arable beds, 'tlalmilli'.

[Footnote: "Tlalmilli: tierras, a heredades de particulares, que estan juntas en alguna vega" (Molina, Part IIa, p. 124).] These were a.s.signed each to one of the married males of the kins.h.i.+p, to be worked by him for his use and that of his family. If one of these lots remained unimproved for the term of two consecutive years, it fell back to the quarter for redistribution. The same occurred if the family enjoying its possession removed from the calpulli. But it does not appear that the cultivation had always to be performed by the holders of the tract themselves. The fact of improvement under the name of a certain tenant was only required to insure this tenant's rights.

[Transcriber's Note: Lengthy footnote 12 relocated to chapter end.]

Therefore the chiefs and their families, although they could not, from the nature of their duties, till the land themselves, still could remain ent.i.tled to their share of 'tlalmilpa' as members of the calpulli. Such tracts were cultivated by others for their use.

They were called by the specific name of 'pillali' (lands of the chiefs or of the children, from 'piltontli,' boy, or 'piltzintli', child), and those who cultivated them carried the appellation of 'tlalmaitl'--hands of the soil.

[Transcriber's Note: Lengthy footnote 13 relocated to chapter end.]

The 'tlalmilpa,' whether held by chiefs or by ordinary members of the kin ('macehuales'), were, therefore, the only tracts of land possessed for use by individuals in ancient Mexico. They were so far distinguished from the 'tecpantlalli' and 'tlatocatlalli' in their mode of tenure as, whereas the latter two were dependent from a certain office, the inc.u.mbent of which changed at each election, the 'tlalmilli' was a.s.signed to a certain family, and its possession, therefore, connected with customs of inheritance.

Being thus led to investigate the customs of Inheritance of the ancient Mexicans, we have to premise here, that the personal effects of a deceased can be but slightly considered. The rule was, in general, that whatever a man held descended to his offspring.

[Transcriber's Note: Lengthy footnote 14 relocated to chapter end.]

Among most of the northern Indians a large cl.u.s.ter partic.i.p.ated.

[Transcriber's Note: Lengthy footnote 15 relocated to chapter end.]

In conformity with the organization of society based upon kin, when in the first stage of its development, the kindred group inherited, and the common ancestor of this kin being considered a female, it follows that if a man died, not his children, still less his wife, but his mother's descendants, that is, his brothers, sisters, in fact the entire consanguine relations.h.i.+p from which he derived on his mother's side, were his heirs. [Footnote: "Ancient Society"

(Part II, cap. II, p. 75; Part IV, cap. I, pp. 528, 530, 531, 536, and 537).] Such may have been the case even among the Muysca of New Granada.

[Footnote: Gomara ("Historia de las Indios," Vedia I, p. 201).

Garcia ("Origen de los Indios," Lib. IV, cap. 23, p. 247).

Piedrahita (Parte 1, Lib. I, cap. 5, p. 27). Joaquin Acosta ("Compredio historico del Desc.u.mbrimiento y Colonisazion de la Nueva-Granada," Cap. XI, p. 201). Ternaux-Compans ("L'ancien Cundinamarca," pp. 21 and 38).]

It was different, however, in Mexico, where we meet with traces of a decided progress. Not only had descent been changed to the male line, [Footnote: Motolinia (Trat. II, cap. V, p. 120). Gomara (p. 434).

Clavigero (Lib. VII, cap XIII). Zurita (pp. 12 and 43).] but heirs.h.i.+p was limited, to the exclusion of the kin and of the agnates themselves, to the children of the male s.e.x.

[Transcriber's Note: Lengthy footnote 16 relocated to chapter end.]

Whatever personal effects a father left, which were not offered up in sacrifice at the ceremonies of his funeral, they were distributed among his male offsprings, and if there were none, they went to his brothers. Females held nothing whatever, beyond their wearing apparel and some few ornaments for personal use.

[Footnote: Motolinia (Trat. II, cap. V, p. 120). Torquemada (Lib.

XIII, cap. XLII to XLVIII, pp. 515 to 529). Acosta (Lib. V, cap. VIII, pp. 320, 321, and 322). Gomara (pp. 436 and 437, Vedra, I). Mendieta (Lib. II, cap. XL, pp. 162 and 163). Clavigero (Lib. VI, cap. x.x.xIX).

"They burnt the clothes, arrows, and a portion of household utensils ... "]

The 'tlalmilli' itself, at the demise of a father, went to his oldest son, with the obligation to improve it for the benefit of the entire family until the other children had been disposed of by marriage.

[Footnote: Gomara ("Conq. de Mejico", p. 434): "It is customary among tributary cla.s.ses that the oldest son shall inherit the father's property, real and personal, and shall maintain and support all the brothers and nephews, provided they do what he commands them. The reason why they do not part.i.tion the estates is in order not to decrease it through such a part.i.tion...." Simancas M. S. S.

("Recueil," etc., etc., p. 224): "Relative to the calpulalli ... the sons mostly inherited."]

But the other males could apply to the chief of the calpulli for a 'tlalmilli' of their own; the females went with their husbands.

Single blessedness, among the Mexicans, appears to have occurred only in case of religious vows, and in which case they fell back for subsistence upon the part allotted to wors.h.i.+p, or in case of great infirmities, for which the calpulli provided.

[Footnote: Zurita (p. 55): "He who has no land applies to the chief of the tribe (calpulli), who, upon the advice of the other old men, a.s.signs to him a tract suitable for his wants, and corresponding to his abilities and to his strength." Herrera (Dec. III, Lib. IV, cap.

XV, p. 135).]

[Footnote: Such unmarried females were the "nuns" frequently mentioned by the old writers. We shall have occasion to investigate the point in our paper on "The ancient Mexican priesthood." As attendants to wors.h.i.+p, they partic.i.p.ated in the tributes furnished towards it by each calpulli, of which we have spoken.]

No mention is made of the widow partic.i.p.ating in the products of the 'tlalmilli,' still it is presumable that she was one of those whom the oldest son had to support. There are indications that the widow could remarry, in which case her husband, of course, provided for her.

"The customs of Inheritance, as above reported, were the same with chiefs as well as with the ordinary members of the tribe. Of the personal effects very little remained, since the higher the office was which the deceased had held, the more display was made at his cremation, and consequently the more of his dresses, weapons, and ornaments were burnt with the body. Of lands, the chiefs only held each their 'tlalmilli' in the usual way, as members of their kin, whereas the other 'official' lots went to the new inc.u.mbents of the offices. It should always be borne in mind that none of these offices were hereditary themselves. Still, a certain 'right of succession' is generally admitted as having existed. Thus, with the Tezcucans, the office of head war-chief might pa.s.s from father to son, at Mexico from brother to brother, and from uncle to nephew."

[Footnote: Zurita (p. 12). Gomara (Vedia I, p. 434). Torquemada (Lib. IX, cap. IV, p. 177; Lib. XI, cap. 27, p. 356, etc. etc.).]

[Footnote: This fact is too amply proven to need special references.

We reserve it for final discussion in our proposed paper on the chiefs of the Mexicans, and the duties, powers and functions of their office.]

This might, eventually, have tended to perpetuate the office in the family, and with it also the possession of certain lands, attached to that officer's functions and duties. But it is quite certain too that this stage of development had not yet been reached by any of the tribes of Mexico at the time of its conquest by the Spaniards.

The princ.i.p.al idea had not yet been developed, namely, that of the domain, which, in eastern countries at least, gradually segregated into individually hereditary tenures and owners.h.i.+ps.

"Out of the scanty remains thus left of certain features of aboriginal life in ancient Mexico, as well as out of the conflicting statements about that country's early history, we have now attempted to reconstruct the conceptions of the Mexican aborigines about tenure of lands, as well as their manner of distribution thereof.

Our inquiries seem to justify the following conclusions:

"1. The notion of abstract owners.h.i.+p of the soil, either by a nation or state, or by the head of its government, or by individuals, was unknown to the ancient Mexicans.

"2. Definite possessory right was vested in the kins.h.i.+ps composing the tribe; but the idea of sale, barter, or conveyance or alienation of such by the kin had not been conceived.