The Laws of Motecuhzoma Ilhuicamina
Peter Vysny2018, Ethnologia Actualis
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The article deals with contents, as well as social contexts and functions of sixteen laws enacted by Motecuhzoma Ilhuicamina or Motecuhzoma I, the fifth ruler (ruled ca. 1440-1460 AD) of a pre-Hispanic city-state Tenochtitlan, the principal capital of the Aztec Empire. The author also focuses on the problem of Motecuhzoma I´s laws´ factual enforcement and discusses its possible limits. The enactment of Motecuhzoma I´s laws was an important part of state formation process in Tenochtitlan. These laws reinforced the internal hierarchy of Tenochtitlan society and the privileged social position of a tiny ruling class (ruler, nobles by birth, merited non-noble warriors and their quasi-noble descendants), particularly by excluding masses of ordinary people from the exercise of political power, as well as the acquisition, ownership and public display of the so-called “prestige objects”, which were markers of a higher social status (i.e. belonging to the ruling class). Further they establish...
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The Laws of Motecuhzoma Ilhuicamina
The Laws of Motecuhzoma Ilhuicamina
PETER VYŠNÝ
Department of Legal History
Trnava University, Trnava, Slovak Republic
[email protected]
ABSTRACT
The article deals with contents, as well as social contexts and functions of sixteen laws
enacted by Motecuhzoma Ilhuicamina or Motecuhzoma I, the fifth ruler (ruled ca. 1440-1460
AD) of a pre-Hispanic city-state Tenochtitlan, the principal capital of the Aztec Empire. The
author also focuses on the problem of Motecuhzoma I´s laws´ factual enforcement and
discusses its possible limits.
The enactment of Motecuhzoma I´s laws was an important part of state formation process in
Tenochtitlan. These laws reinforced the internal hierarchy of Tenochtitlan society and the
privileged social position of a tiny ruling class (ruler, nobles by birth, merited non-noble
warriors and their quasi-noble descendants), particularly by excluding masses of ordinary
people from the exercise of political power, as well as the acquisition, ownership and public
display of the so-called “prestige objects”, which were markers of a higher social status (i.e.
belonging to the ruling class). Further they established a complex state apparatus of
Tenochtitlan (a system of both central and local city-state administration and judiciary), which
was headed by a ruler (tlatoani). The laws also helped spread Tenochtitlan official ideology
of a religious nature among the population, as they created a mechanism to introduce
virtually all nobles and commoners (of both sexes) to the ideology (public schools
compulsory attended by all later pubertal and adolescent youth of Tenochtitlan), as well as
an organization of priests who dramatized the ideological doctrines by their (mostly public)
ritual performancies. Finally, there were also laws concerning the punishment of adulterers
and thieves. The factual enforcement of Motecuhzoma I´s laws by Tenochtitlan ruler/state
apparatus was limited due to several reasons, e.g. the rise of local autonomous and autarchic
DOI: 10.2478/eas-2018-0012
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The Laws of Motecuhzoma Ilhuicamina
socioeconomic units resisting to some degree the power of state and the law enacted by the
state.
KEY WORDS: pre-Hispanic period, Tenochtitlan, Motecuhzoma Ilhuicamina,
Motecuhzoma´s laws, Motecuhzoma´s laws´contents, Motecuhzoma´s laws´social contexts
and functions
Introduction
Motecuhzoma Ilhuicamina or Motecuhzoma I (ruled about 1440-1469 AD), the fifth ruler
(tla[h]toani; plur. tla[h]toque) of the pre-Hispanic Mexican Valley city-state Tenochtitlan,1
principal capital of the Aztec Empire,2 is reported in historical sources not only as a capable
statesman and successful conqueror, but also as a legislator. Among his sixteen documented
laws, called “Motecuhzoma´s laws” in the present article, were: five laws related to the state
organization and ideology of Tenochtitlan, namely the office of tlatoani, city-state
administration and judiciary, public education based on compulsory school attendance and
priests performing the state cult; nine sumptuary laws, i.e. laws regulating the acquisition,
ownership and public display of the so-called “prestige objects”, which, inter alia,
established and reinforced, respectively, a hierarchy of Tenochtitlan inhabitants; and two
penal laws, one concerning the adultery and another one the theft. All addressees of
Motecuhzoma´s laws were men.
Motecuhzoma´s laws were enacted – according to a chronicle with a general consent of
Tenochtitlan, as well as other city-states´ rulers and elites, with a stamp of divine approval
and having a systematic support of the power of the state (DURÁN 1994:208, 210-211) –
during an internal sociopolitical transformation in Tenochtitlan – shortly said, a pre-state
1
On Tenochtitlan rulers (kings) see GILLESPIE 1993.
2
The Aztec Empire, also called Triple Alliance Empire, had been built by three allied neighbouring
city-states Tenochtitlan, Texcoco and Tlacopan from the second quarter of the 15 th century to the
Spanish conquest of the Empire (1519-1521) in both central and southern parts of today‘s Mexico.
Each city-state was Aztec Empire´s capital, however, during the second half of the 15 th century
Tenochtitlan´s political, military, ecomomic and ideological power increased considerably and
Tenochtitlan became the principal capital. The basic residential, sociopolitical and economic unit
within the Aztec Empire was a city-state (altepetl; plur. altepeme[h]). On Aztec Empire in general
see BERDAN et al. 1996; CARRASCO 1996.
DOI: 10.2478/eas-2018-0012
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chiefdom-like society evolved to a state3 –, that had started with the reign of Motecuhzoma´s
predecessor Itzcoatl (ruled about 1428-1440 AD) and ended under the rule of Motecuhzoma
I. Due to this transformation, and especially due to Motecuhzoma´s laws as an integral part
of it, a strongly stratified society, a complex state organization, as well as an elaborated state
ideology, emerged in Tenochtitlan. Subsequently, Motecuhzoma´s laws had been used,
among other means, to enforce the new social order of Tenochtitlan. However the application
of Motecuhzoma´s sumptuary laws by tlatoani, i.e. the state apparatus, was rather limited in
actual everyday life of Tenochtitlan inhabitants, as both elites and ordinary people were
acquiring certain important prestige objects regardless these laws and tlatoani (the state) who
theoretically (but not in practice) was the only distributor of prestige goods (ANAWALT
1980; BERDAN 2014:272; OFFNER 2017).
Based on historical sources and secondary literature providing information about
Motecuhzoma´s laws and related topics I shall examine the contents and the (intertwined)
social, political, economic, religious and ideological contexts of these laws in the present
article. The exploration of Motecuhzoma´s laws in the article is preceded by a terminological
note and a brief characteristic of historical sources informing about Motecuhzoma´s laws.
The article is not intended as an exhaustive analysis of Motecuhzoma´s laws. It is rather
aimed at attracting attention to an issue which is almost unknown to legal historians, although
it represents a remarkable and quite complex case study of the phenomenon of pre-modern
codification of law.
Terminological note
Before we proceed, one terminological clarification should be made. It concerns the
addressees of Motecuhzoma´s laws who were, first, the inhabitants of Tenochtitlan, and,
second, the inhabitants and especially the rulers, elites and warriors with merits of the citystates (altepeme; sing. altepetl) that existed both inside and outside the core area of the Aztec
3
On the process of state formation in Tenochtitlan see e.g. BRUMFIEL 1983:261-284; KURTZ
1978:169-190; VYŠNÝ 2012.
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Empire, i.e. the Mexican Valley (Valle de México), main part of broader Mesoamerican 4
region known as Central Mexico (Centro de México).
Scholars call the inhabitants of Tenochtitlan “Aztecs”, “Mexica(h)”, “Tenochca(h)” or
“Mexica(h)-Tenochca(h)”. I prefer here the denomination “Tenochca”, since it is the only
term to apply exclusively on Tenochtitlan population. Although the denomination “Aztecs”
is wide-spread (especially in Europe and the U.S.A.), the way scholars use it is not unified:
some scholars call “Aztecs” the inhabitants of Tenochtitlan, others the inhabitants of the first
(city-state of Tenochtitlan), second (city-state of Texcoco) and third (city-state of Tlacopan)
capital of the Aztec Empire, and still others virtually all Nahuas. Nahuas were a dominant
central Mexican native culture composed of approximately 20 ethnic groups (SMITH
2012:4), including the Tenochca (or Mexica) as one such group. Nahuas lived in many citystates, most of which became parts of the Aztec Empire.
To name the Tenochca “Mexica” (frequently “mexicanos”, i.e. Mexicans in historical
sources) is also possible, but to Mexica belonged the Tlatelolca as well, who were the
immediate northern neighbours of Tenochca, living in an initially independent city-state of
Tlatelolco, which was later (in 1473) annexed by Tenochtitlan. Therefore, the term “MexicaTenochca” is more precise than “Mexica”, when refering to the Tenochca only, but I prefer
to it the simpler term “Tenochca”.
The ethnonym “Tenochca” comes from nahuatl, the language of the Nahuas. “Tenochca” is
plural. The singular form is “Tenochcatl”.
Historical sources informing about Motecuhzoma´s laws
The most complete and systematic information about Motecuhzoma´s laws provides the
Historia de las Indias de Nueva España e Islas de Tierra Firme [The History of the Indies of
New Spain] (DURÁN 2002, I:264-267; see also DURÁN 2002, II:118-124), a historical
chronicle composed in New Spain by Dominican friar Diego Durán (1537?-1588) of Spanish
descent between 1579 and 1581. According to Miguel León-Portilla (LEÓN-PORTILLA et
al. 2013, 1:123-124) this information is credible since Durán´s Historia is based on authentic
4
Pre-Hispanic Mesoamerica was a cultural historical area on the American continent. It covered the
territory between approximately the 22nd and the 10th grade of northern latitude (e.g. KATZ
1989:31).
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Tenochca and other Nahuas´ historical traditions, 5 both written in Nahua scripture6 and oral,
that Durán had systematically consulted before he wrote down his work.
The native historical traditions upon which Durán´s chronicle should be based are to be
associated with a hypothetic but very probably once existing and now lost Crónica X
[Chronicle X], an early 16th century (post-conquest) primary historical source of Nahua
provenience (BARLOW 1945:65-87; PEPERSTRAETE 2007; TENA 1997, 2:163-178).
Crónica X [Chronicle X] should be a native (Nahua) prototype not only of Durán´s Historia,
but also of some other sources, notably the Crónica Mexicana7 [Mexican Chronicle] (c.
1598) of tlatoani Motecuhzoma II Xocoyotzin´s (ruled 1502-1520) grandson H(F)ernando
Alvarado Tezozomoc (c. 1525-c.1610), the two versions of the original work of Jesuit Juan
de Tovar (1543-1623),8 known as Manuscrito de Tovar [Tovar manuscript] and Códice
Ramírez [Ramírez Codex] (both around 1585), and the Historia natural y moral de las Indias
[The Natural and Moral History of the Indies] (1590) of Jesuit José de Acosta (1539/15401600).
I have no doubt that the historical traditions utilized by Durán to compose his Historia were
authentic, i.e. of Nahua origin, but I wonder if they would reflect the “historical truth”
entirely, considering the pre-Hispanic history of Tenochtitlan (as well as of other Nahua citystates) was manipulated and to some extent even artificially fabricated both before and after
the Spanish conquest of the Aztec Empire.
Before the conquest, tlatoani Itzcoatl ordered all previous historical records (in Nahua
writing) be burned and created a new version of Tenochca history that legitimized the
beginning expansion and the internal sociopolitical transformation (development towards a
5
On Nahua historiography and other literature genres see BOONE 2000, 2007; GARIBAY 2007.
6
Nahua scripture consisted of pictograms, ideograms, logograms, and to a very limited extent also
of phonetic elements (LOCKHART 1992:327-330).
7
Crónica Mexicana [Mexican Chronicle] describes the reign of Motecuhzoma I at considerable
length (see TEZOZOMOC 1997: 120ff.), while frequently referring to various prestige objects which
were both extracted (as tribute of the conquered city-states) and distributed (as reward for
Tenochca elites and non-noble warriors with military merits) by this tlatoani. The distribution of
such objects was regulated by several strict rules according to Crónica Mexicana (cf. TEZOZOMOC
1997:174ff.), i.e. by sumptuary laws, which substantively coincide with Motecuhzoma´s sumptuary
laws registred in Durán´s Historia (DURÁN 1994:208ff.).
8
Tovar´s original work had the following title: Historia de la venida de los indios a poblar a México
de las partes remotas de Occidente los sucesos y perigrinaciones del camino a su gobierno, ídolos
y templos de ellos, ritos, ceremonias y calendarios de los tiempos.
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stratified society and a state organization) of Tenochtitlan (CASTAÑEDA DE LA PAZ
2005:115-147; LÓPEZ AUSTIN 1998:173-176; VYŠNÝ 2012:42ff.). This event had surely
influenced the native traditions upon which Durán based his Historia.
After the conquest, Spaniards as well as Nahuas (Nahua local elites, respectively) had been
modifying along with “inventing” the pre-Hispanic history in order to justify the conquest
(Spaniards), to legitimize their specific political and economical interests (Spanish colonists
as well as Nahua local elites) and the like (BERDAN 2014; FLORESCANO 1999;
LOCKHART 1992; ROZAT DUPEYRON 1993; WOOD 1998:201-231), which also could
influence the source material involved in Durán´s chronicle. The same might result from
a more or less hybrid character of concrete Nahua historical traditions that was due to a
certain fusion or mutual influence of these and Spanish traditions (NAVARRETE LINARES
1997:155-179; SALOMONS 2006:1192-1315). For example, in Durán´s Historia, including
the text of Motecuhzoma´s laws, as well as in other sources, are frequently used Spanish
concepts and terms to describe various aspects of Nahua culture which distorts, to some
extent, its image.
It also should be mentioned that the native fundament (Nahua historical traditions) of Durán´s
chronicle and other alphabetical sources does not guarantee automatically a certain higher
degree of their credibility. Nahua historical traditions, both oral and those captured in Nahua
scripture after the Spanish conquest of the Aztec Empire (to some extent upon now lost preHispanic prototypes), were transcribed into the alphabetical sources (BOONE 2000:6-7),
whereby such transcription was surely connected with Spanish cultural influences on the
transcribed contents (i.e. Nahua authentic forms of expression) and unconscious, as well as
conscious manipulation, and even fabrication, of historical facts (FLORESCANO
1999:211ff.). On the other hand some scholars have argued persuasively that the criticism
and scepticism towards the textual sources based on a transcription of Nahua oral and in
Nahua scripture registered traditions, resting upon the premise that the transcription was
indeed a very imperfect translation, may be overdue in many cases (BERDAN 2014:6-7;
LEÓN-PORTILLA 1993:397ff.).
Last but not least, it is possible that Nahua historical traditions modified, to some extent,
Nahua pre-Hispanic past in order to accord with some preferred narrative patterns which, for
example, glorified the consolidation of Tenochtitlan city-state and the establishment of the
Aztec Empire and in this way could attribute the enactment of a series of laws to a ruler
(Motecuhzoma I) who in fact did not enact them. As Sylvie Peperstraete suggests, the laws
we are examining in the present arcticle could be enacted under the rule of Motecuhzoma II
Xocoyotzin (1502-1520), who should intentionally be interchanged with his same-name
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predecessor in native historical traditions (PERPERSTRAETE 2007:143). Tenochca could
shift the enactment of the laws, an important city-state and empire building action, from the
period of Motecuhzoma II´s rule, when the city-state of Tenochtitlan and Aztec Empire
ceased to exist, to a “more famous“ period when they experienced a prosperous development
(rule of Motecuhzoma I). In addition, by such retrospective projection of Motecuhzoma´s
laws, Tenochca, I suppose, also could demonstrate to their Spanish lords, that they had a legal
code, along with other conveniences (e.g. a complex state apparatus), and in that sense were
“fully civilized“ yet in their more remote past.
Peperstraete´s hypothesis is surely interesting, but it can not be verified sufficiently. Thus,
the current state of knowledge allows to consider the author of the laws studied in the present
article to be rather Motecuhzoma I than Motecuhzoma II. On the other hand, it is possible,
that sumptuary laws, even if enacted (as other Motecuhzoma´s laws) during the reign of
Motecuhzoma I, started to be enforced more systematically and rigorously yet under
Motecuhzoma II´s rule (BERDAN – RIEFF ANAWALT 1997:25), which would have
corresponded with the effort of this ruler to reinforce the social hierarchy and especially the
status of hereditary nobility (nobles by birth; pipiltin, sing. pilli) at the expense of persons
who became quasi-nobles (quauhpipiltin, sing. quauhpilli) by their military achievements
and their descendants (TRIGGER 2007:161-162).
The contents and social contexts and functions of Motecuhzoma´s laws
Durán´s Historia involves a list of individual Motecuhzoma´s laws which resembles a legal
code. The total number of Motecuhzoma´s laws recorded by Durán is 16, however, we will
see that there existed a few other pre-Hispanic legal customs or laws enacted by unknown
legislator (Motecuhzoma I? another ruler(s)?), which seem to have been substantively related
to those of Motecuhzoma´s.
In the following text I successively quote all laws and comment on them. The quotations of
individual laws are taken from Doris Heyden´s English edition of Durán´s Historia (DURÁN
1994). Contrary to the standard Mexican edition of Durán´s Historia (DURÁN 2002), the
individual laws of Motecuhzoma´s are numbered in Heyden´s edition. It makes the list of
laws clearer and thus I reproduce it below with the ordinal numbers of individual laws.
I divide Motecuhzoma´s laws into three categories: laws related to state organization and
ideology (laws number 1, 11, 12, 13 and 16); sumptuary laws (laws number 2-10); and penal
laws (laws number 14 and 15). Such categorization of the laws is useful, since it enables to
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point to certain interconnections of certain laws (their contents and contexts). On the other
hand, utilizing the categorization below, the original sequence of individual Motecuhzoma´s
laws as reproduced in Durán´s chronicle must be ignored partially (the first category contains
laws that are not organized one by another in the source text).
I. Laws related to state organization and ideology
“1. The king [i.e. tlatoani] must never appear in public except when the occasion is extremely
important and unavoidable“ (DURÁN 1994:208).
This law may be related to the process of state formation in Tenochtitlan, of which the
emergence of a tiny ruling class, having the ruler on its top and separating itself
systematically from the massess of ordinary people, was an essential part. Besides, the law
may be connected to Tenochca complex conception of the office of tlatoani, who as “mother
and father” of Tenochca nation, a powerful dreaded king, a guarantee of the provision of
public services and a kind of gods´ terrestrial representative and speaker, endowed with their
supernatural forces, had an exclusive status radically distinguishing him and thus relatively
isolating him from his subjects. Let us look at the origins of the ruling class at first.
Although a state can arise in many concrete ways, 9 I believe, following Bondarenko
(2008:19-53), that the traditional model of state formation, coined by Lewis H. Morgan and
Friedrich Engels, is the most appropriate to explain the very essence of a social
transformation that leads to consolidation of a state organization, be it in Tenochtitlan or
elsewhere. The model considers the state formation a transition from a stateless (pre-state)
society, fragmented into self-governed lineages, clans, tribes or similar personal units, to
a state as a relatively coherent society governed centrally by political, i.e. on personal units
and their authorities independent power institutions (state apparatus), and organized
territorially, i.e. the state´s population is permanently distributed into administrative districts
and there directly controlled by the state via its local institutions, subordinated to its central
institutions. In other words, in a stateless society the power is exercised toward the members
of personal units (lineages and the like) by their own authorities, i.e. towards relatives by
9
On state formation in general see e. g. BONDARENKO 2008:19-53; BONDARENKO 2014:215232; CLAESSEN – SKALNÍK (eds.) 1978; CLAESSEN 2010:3-51; GRININ – KORATAYEV
2012:191-204; GRININ et al. (eds.) 2004; KRADIN 2009:25-51; TRIGGER 2007.
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their relatives, while in a state the power is exercised towards the residents of territorial units
(administrative districts) by state´s (not individual personal units´) representatives unrelated
by personal ties to those they “govern“. In addition, the representatives of the state would
become a tiny endogamic ruling class, isolated from the masses of ordinary people
(JOHNSON – EARLE 2000:304). The members of the ruling class have an exclusive right
to exercise the state (political) power (or at least its major part), although not on their own,
but on behalf of the state, i.e. the ruler (monarch), who was the symbolical embodiment of
the state in many historical contexts including Tenochtitlan. The state/ruler controls the
persons who exercise the political power, however the extent of such control is variable in
concrete cases.
The emergence of a ruling class in Tenochtitlan was due to several factors. In Tenochtitlan,
from its founding (ca. 1325 AD) on an island of lake Texcoco (central part of the Mexican
Valley) to its liberation from Tepanec rule in late 1420s (Tenochtitlan, supported mainly by
Texcoco and Tlacopan, conquered the Tepanec Empire´s capital Azcapotzalco), existed a
type of stateless society which I have described elsewhere and classified there as chiefdom
(VYŠNÝ 2012:24ff.). The basic unit of that society was calpulli (plur. calpultin). It was a
landowning and thus sedentarized group of a certain number of extended families/households
and was self-governing, having a representative (calpulec) who with a few dignitaries formed
a council of elders (calpulhuehuetque) as an administrative body. Although having remained
stateless prior the liberation from Tepanec rule, the then society of Tenochtitlan experienced
some changes which gradually instigated her transformation to the state. Among these
changes were: the emergence of the office of tlatoani in the 1370s, to whom all city´s
inhabitants/calpultin became subjects (i.e. the centralization of power in Tenochtitlan as an
important prerequisite of state formation began); and the emergence of an elite (pipiltin, sing.
pilli), the posterior ruling class of the Tenochca city-state, whose members were both closer
and more distant relatives of Tenochtitlan rulers, as well as commoners with greater military
merits and their descendants, called quauhpipiltin (“eagle nobles“).
Beside a small circle of pipiltin10 there were masses of ordinary people called macehualtin
(sing. macehualli). In the pre-state period of Tenochtitlan internal sociopolitical development
pipiltin (at least sometimes) participated on administrative, diplomatic, military and cultic
activities of tlatoque, but were not yet a ruling class in proper sense, which would arise after
10
It is assumed that ca. 25.000 people lived in Tenochtitlan on the eve of the liberation war waged
against Tepanec Azcapotzalco. Ca. 6 % of these people could belong to pipiltin (LEÓN-PORTILLA
2003:254-255).
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the liberation of Tenochtitlan from Tepanec rule. By a ruling class in proper sense I mean, in
context of Tenochtitlan history, a privileged group of people who held both central and local
offices within the state apparatus and exercised the state power (they administered the city,
collected tributes, resolved the conflicts of Tenochtitlan inhabitants, prosecuted and
punished criminals, organized cultic ceremonies and performed religious rituals, commanded
the Tenochca soldiers when on battlefield and the like), using physical enforcement,
institutionalized administrative mechanisms, legal rules and sufficient economic resources,
and resting upon an ideology that legitimized their actions. How such a ruling class emerged
in Tenochtitlan?
The first step to create the Tenochca ruling class in proper sense should have a curious form
of a “social contract“ that might conclude pipiltin and macehualtin before the war against
Azcapotzalco started. According to some sources (e.g. CLAVIJERO 2003:136; DURÁN
2002, I:126) macehualtin were reluctant to take part in the war that should liberate
Tenochtitlan. Pipiltin, who, on the contrary, supported the war, made an agreement with
macehualtin in order to carry it out. It was agreed that if Tenochtitlan would be defeated,
macehualtin could kill and even consume pipiltin, but if Tenochtitlan would conquest
Azcapotzalco, macehualtin would accept pipiltin as a privileged ruling class and would serve
them in various ways (they would cultivate pipiltin fields, pay tributes to tlatoani and pipiltin,
participate in military campaigns organized by tlatoani and pipiltin and the like). After the
victory of Tenochtitlan a public assembly of macehualtin should confirm their commitment
and take decision to start its fulfillment (DURÁN 2002, I:129).
It is obvious that the consolidation of ruling class in Tenochtitlan can not be reduced on the
conclusion of a “social contract“, the more it can not be verified. 11 Thus, other historical
circumstances, which are much more credible, are to be taken into consideration when the
emergence of Tenochca ruling class is explored.
The upper social status and various privileges of pipiltin resulted from their separation from
macehualtin, as well as their wealth and political power. Besides, they had great social
11
The founding of the Tenochca state by conclusion of a “social contract“, mentioned in Durán´s
chronicle and other sources derived from the Crónica X [Chronicle X], may be due to possible
influence of the authors of these sources by the scholastic political philosophy, which operated
since the 13th century with a certain kind of social contract theory (RECASENS SICHES 2003), also
processed by Spanish (Salamancan) 16th century second scholastics (e.g. Francisco de Vitoria).
On the other hand, the contract concluded by pipiltin and macehualtin could be a result of the
manipulation/fabrication of Tenochca historical tradition that occurred during Itzcoatl´s reign and
was in benefit of tlatoque and pipiltin and their political and economical interests.
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prestige, since they (along with tlatoani) were ensuring the fulfillment of Tenochtitlan´s
vitally important supernatural mission to maintain a proper everyday “course” and thus the
very existence of the world (cosmos). The mission, as it is well known, rested in regular
“nourishing” of the gods in order they would constantly be able to perform their supernatural
actions which maintained the world´s existence and “course”. Gods were “nourished” by
supernatural energies released mainly from ritually sacrificed humans.
According to Friedrich Katz pipiltin evolved to a ruling class once they definitively had
abandoned their calpultin, as well as farming, the prevalent occupation of ordinary people
(macehualtin) living in calpultin, and subsequently could become full-time representatives
of the state/tlatoani (administrative functionaries, judges, priests, military commanders and
the like) and exercise the state power continously and effectively. After pipiltin left calpultin,
their personal ties to calpultin members, i.e. to their closer or more distant relatives and
neighbours, weakened and finally disappeared. Thus emerged a gulf between “those, who
govern” (= pipiltin) and “those, who are governed” (= macehualtin), which is a phenomenon
typically connected with the state formation process (KATZ 1956:110).
Katz has stated that pipiltin who had left their calpultin lived (with their families) in tlatoani´s
palace, where all highest (central) state authorities resided, or on conquered territories where
they served as administrative functionaries (KATZ 1956:110). This is true, but there were
also pipiltin who never moved away from their calpultin, in which they lived in their palaces
(PAREDES GUDIÑO 1986:251). There were about 12 palaces of pipiltin in Tenochtitlan.
These palaces, along with estates attached to them (both inside and outside of Tenochtitlan),
worked by local macehualtin, and became relatively autonomous socioeconomical units
(ROVIRA MORGADO 2011:75-85). Thus, the separation of pipiltin from macehualtin was
no physical isolation of the former from the latter to some extent, but rather resulted from a
considerable difference of their life-styles: pipiltin distinguished from macehualtin by living
in palaces (see also the eighth Motecuhzoma´s law below), great wealth, they publicly
displayed, non-productive nature of activities, they performed, and the like.
The economic situation of pipiltin was favourable. They were supported by the state, being
its representatives. They theoretically could not acquire land in Tenochtitlan, for it was
owned by calpultin and used by their members only who pipiltin ceased to be (ZORITA
1963:30), however, in practice they very probably captured themselves some part of calpultin
land (REYES GARCÍA 1996:33) and/or were granted parts of such land by tlatoani as
recompensation of their participation on state administration. In addition, pipiltin were
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gaining lands on conquered territories (DURÁN 2002, I:129-131 et passim).12 Pipiltin were
also owners of various prestigious moveable objects, what I will examine later.
The monopoly of pipiltin (including quauhpipiltin) on political power resulted from the way
the state functionaries were recruited: the highest dignitaries of the Tenochca city-state,
acting in the spheres of administration, judiciary, military and cult, could be only the closest
(male) relatives of tlatoque (so-called tlazopipiltin; sing. tlazopilli); other state officials, both
central and local, generally called tetecuhtin (sing. tecuhtli), could be pipiltin as well as
macehualtin on condition they (both pipiltin and macehualtin) had greater military merits
(macehualtin with merits became quauhpipiltin whose social status was hereditary and higher
than that of macehualtin, but inferior to that of pipiltin by birth). However, to achieve greater
military merits and thus become a state functionary was only possible for a smaller part of
macehualtin, since the majority of them, contrary to pipiltin, should dedicate themselves to
subsistence activities and could not take part in military campaigns regularly. In addition, the
highest (central) offices were not accessible to quauhpipiltin (LÓPEZ AUSTIN 1961;
VYŠNÝ 2012).
Tenochtitlan state apparatus, dominated by pipiltin and quauhpipiltin, was centralized and
complex. It consisted of central administrative, judicial, military and cultic institutions,
residing in tlatoani´s palace, and of local state officials, who resided in all calpultin of
Tenochtitlan and administered them, however, not on their own completely, but cooperating
with their councils of elders (ALCÁNTARA GALLEGOS 2004:167-198; LÓPEZ AUSTIN
1961; VYŠNÝ 2012).
Considering 1. the central (i.e. the most important) state institutions resided in tlatoani´s
palace, 2. tlatoani, the head of the entire city-state and at the same time the major exponent
of pipiltin, should leave the palace and show himself publicly only exceptionally (in principle
only when attending cultic ceremonies or on battlefield), 3. the state functionaries recruited
mostly from pipiltin and only to a limited extent from former macehualtin (i.e. from
quauhpipiltin), and 4. macehualtin were prohibited, under the death penalty, from entering
12
The lands of pipiltin were called pillalli or tecpillalli. Some scholars have concluded that pillalli lands
were private property of pipiltin (e.g. KATZ 1956:35ff.), while others have asserted that
state/tlatoani owned all these lands and pipiltin possessed them (their parts, respectively) only for
a time period they held state offices, which could be life-long at the most (i.e. pillalli lands were not
hereditary) (e.g. CARRASCO 1978:24-29). According to the current state of knowledge pillalli lands
were owned collectively by members of extended pipiltin families (e.g. KALYUTA 2008), even if
private property of these lands could also exist to limited extent (LOCKHART 1992:153-155).
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tlatoani´s palace or at least those palace rooms where state institutions dominated by pipiltin
exercised their powers (see the eleventh Motecuhzoma´s law below), it is possible to
conclude that in Tenochtitlan a systematic separation of the ruling class from “the governed“
occurred. Such separation prevented inevitably the macehualtin from a participation on the
exercise of political power, now concentrated in the hands of pipiltin and quauhpipiltin on
both central and local levels and exercised on behalf of tlatoani.
On the other hand, the separation of tlatoani and pipiltin from macehualtin, as well as the
monopolisation of political power and acquisition of great wealth and privileges by the
former, was at odds with Tenochca state ideology which viewed the ruling class and ordinary
people as two unequal, but essential and complementary parts of the society who should
peacefully coexist, provide certain services to each other and collaborate in order to fulfill
properly the vitaly important supernatural mission (KOVÁČ 2002:210; TRIGGER
2007:490-494). Theoretically, “those who govern“ and “those who are governed“ were,
similarly as in other Claessen´s and Skalník´s world “early states“ or Trigger´s world “early
civilizations“,13 interdependent and their mutual relations were dominated by a principle of
asymetric reciprocity (i.e. a reciprocity which was advantageous for both the ruling class and
the ordinary people, but for the former to a greater extent), however, this ideal differed
considerably from actual life of Tenochtitlan macehualtin who had in their hands but minimal
political power, were significantly poorer than pipiltin, lacked their privileges and the like.
Among the strategies to overcome or rather to obscure the gulf existing between the ruling
class and the masses of ordinary people was, similarly as in other Mesoamerican states
(CHASE – CHASE – SMITH 2009:175-182), a paternalistic conception of political power.
13
“Early state“ and “early civilization“, evolutionary concepts coined by Henri Claessen and Peter
Skalník (the former concept) and Bruce Trigger (the latter concept), attach to certain types of
society which occurred, in different time periods, in the sociopolitical development of many world
territories, including the pre-Hispanic Central Mexico/Aztec Empire. According to its general
definition, an “early state“ is “[a] three tier (national, regional, local level) centralized socio-political
organization for the regulation of social relations in a complex, stratified society divided into at least
two basic strata, or emergent social classes – the rulers and the ruled – whose relations are
characterized by political dominance of the former and the obligation to pay taxes of the latter,
legitimized by a common ideology of which reciprocity is the basic principle.“ (CLAESSEN –
SKALNÍK 1978:640; CLAESSEN 2010:15-16). An “early civilization“ can be summarily defined as
“[t]he earliest and simplest form of class-based society“ (TRIGGER 2007:46; emphasis in original),
which emerged on a given territory. Class structure of an early civilization is its most important
atribute, from which unfold all material and symbolic social relations, existing among social classes,
among their members, as well as between social classes and the supernatural realm of gods (see
TRIGGER 2007:passim).
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Tlatoani, the major exponent of the ruling class, was considered, for example, inan, ita
altepetl, i.e. mother and father of the city-state (Tenochtitlan and its inhabitants),14 while
macehualtin were referred to as a kind of less perfect persons (as compared to pipiltin), or
even as children, who were not fully capable to take care of themselves, and therefore needed
to be guided and protected by more perfect persons, tlatoani and pipiltin (SULLIVAN
1980:227). Thus, tlatoani, being not only a ruler, but also “mother and father“ of his subjects,
had a quasi-familiar relation to them, which symbolically substituted the personal ties of the
ruling class and ordinary people, existing before the emergence of social stratification and
state organization, and at the same time could make it easier for tlatoani´s subjects to accept
his rule, since they were used to obeying the (male) heads of the families they lived in, whose
position tlatoani so to say imitated, when he became “the mother and father“ of Tenochca. 15
Tlatoani´s but extraordinary presence in Tenochtitlan public life can be explained by nonexistence of personal/familiar ties, and thus a natural solidarity, of the ruling class and “the
governed“. Yet the absence of such ties was disguised by tlatoani´s assuming of the role of
Tenochca nation´s “mother and father“, which established a quasi-familiar relation between
tlatoani and his subjects. Paradoxically, that role could lead to limiting of physical contact
between tlatoani and his “children“ (subjects), in order they get an impression their ruler was
an exceptional and even mysterious personality whom they could see, listen to or eventually
talk to but rarely. Thus, when it happened, they could consider it a very special and important
14
According to the tenth book of Bernardino de Sahagún´s Florentine Codex (SAHAGUN 1974:15),
a principal source on pre-Hispanic Nahuas and especially on Tenochtitlan, Tenochca should view
their ruler, for example, as follows: “The ruler [is] a shelter – fierce, revered, famous, esteemed;
well reputed, renowned. The good ruler [is] a protector; one who carries [his subjects] in his arms,
who units them, who brings them together. He rules, takes responsibilities, assumes burdens. He
carries [his subjects] in his cape; he bears them in his arms. He governs; he is obeyed. [To him] as
shelter, as refuge, there is recourse. He serves as proxy, as substitute. The bad ruler [is] a wild
beast, a demon of the air, a demon, an ocelot, a wolf – infamous, deserving of being left alone,
avoided, detested as a respecter of nothing, savage, revolting. He terrifies with his gaze; he makes
the earth rumble; he implants, he spreads fear. He is wished dead.“
15
On fictitious, but generally respected quasi-familiar relation between the ruler/ruling class and “the
governed“ see BONDARENKO 2008:26-30.
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event in their lives and could want it was repeated, which in turn reinforced their loyalty to
tlatoani.
The distinctness and relative separation of tlatoani from his subjects was also due to a fear
from tlatoani, spread by tlatoani´s and other state authorities´ public speeches (van
ZANTWIJK 1980:71-87) and actions in public (e.g. brutal executions of criminals).
The last circumstance that distinguished tlatoani from his subjects was his unique political
and religious status, briefly described in the following text.
The office of tlatoani experienced considerable changes during the reigns of Itzcoatl and
Motecuhzoma I. After the succesfull liberation war waged against Tepanecs, Itzcoatl, now
ruler of a sovereign city-state, formed a political, military and economic alliance with
Texcoco and Tlacopan, known as Triple Alliance (Excan tlatolayan in nahuatl), which had
succesively created a vast empire. Already during his reign, the Triple Alliance gained power
superiority in the Mexican Valley, which later became the core zone of the Aztec Empire. At
the same time, there was also significant progress of state formation in Tenochtitlan, as a
ruling class emerged, an apparatus for both central and local state administration (including
administration of justice) was created, and a state ideology was formulated, that legitimized
the existence, social order, as well as the imperial ambitions of Tenochtlitlan.
Motecuhzoma I continued the military expansion, whereby extended the empire beyond the
Mexican Valley. The appropriation of great wealth constantly flowing from the conquered
territories to Triple Alliance cities by their tlatoque and pipiltin deepened the hitherto
moderate economical and political differences between macehualtin and pipiltin and
contributed to a considerable inequality of both social classes that enshrined, inter alia, the
Motecuhzoma´s laws (VYŠNÝ 2012:42ff.).
The just mentioned developments also instigated a transformation of tlatoani´s office.
Tlatoani became a sovereign monarch with universal competence (he was the executive head
of the entire state apparatus, the highest judge, military commander and priest, a legislator
and the like). In addition, the actual power of Tenochtitlan tlatoque was increasing during
the reign of Itzcoatl´s successors, mainly that of Ahuitzotl (ruled 1486-1502) and even more
that of Motecuhzoma II Xocoyotzin (ruled 1502-1520) (VYŠNÝ 2012:64ff.). On the other
hand, at least in the plane of Tenochca state ideology, none of Tenochtitlan tlatoque can
completely be considered a “despot” in the sense of Michael Mann´s theory of despotic
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power, as distinguished by him from the so-called infrastructural power (MANN 1986,
2008).
According to Mann, both despotic and infrastructural (public) powers are centralized and
exercised by state apparatus evenly within the entire state territory, but the former power is
exercised “over“ a society (“the governed“), while the latter one “through“ a society.
A government (i.e. a ruler and a ruling class or a state apparatus, respectively) exercising the
despotic power unidirectionally imposes its will on a state population, which basically can
not participate in formulation and execution of that will. A government exercising the
infrastructural power relies on mutually advantageous cooperation with “the governed“ –
“the governed“ support the government by, for example, tax payments which is compensated
by important services provided to them by the government (e.g. military defense,
administration of justice, redistribution of wealth, making of religious rituals, etc.), which is
the only institution capable to provide such services effectively and virtually for all citizens.
In other words, the infrastructural power, contrary to the despotic power, is exercised, to
a certain greater extent, in favor of “the governed“, who thus accept it a lot more than the
despotic power. On the other hand, in practice any political power is both despotic and
infrastructural, however, a power can be more despotic and less infrastructural or less
despotic and more infrastructural (MANN 1986; 2008).
In my opinion, the infrastructural dimension of the power of tlatoani (and the ruling
class/state apparatus) prevailed over its despotic dimension. It resulted from the complexity
of administrative, judicial, economical, military and cultic functions which the state
apparatus of Tenochtitlan, headed by tlatoani, daily fulfilled in favor of broad population,
i.e. pipiltin and macehualtin alike. For example, tlatoani used to supply macehualtin who
were attending public works, became orphans or widows losing their breadwinner in war or
became war invalids, had bad harvest and the like with food and dress (KATZ 1956:95-103).
In addition, beside various practical services which tlatoani/state apparatus provided to
population, there was also the cult which performance, determining the persistence of the
world, was seen as tlatoani´s primary obligation by his subjects, as well as the main reason
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because of which he was given the political power by the highest civil and military elites of
the state which elected him tlatoani16 (BRODA 1978:221-255; SAHAGÚN 2001, II:453ff.)
Tlatoani´s political power was surely strengthened by his religious status. Tlatoani was not
considered a god, but a person endowed by certain gods with certain vital supernatural forces
(these forces can be remotely compared to Western concept of a soul) to an extent that was
significantly higher than the extent all other people were endowed by them (BRUMFIEL
2000:134). Based on the presence of these forces in his body, tlatoani had a very close
relation to gods, along with the possibility to communicate with them, which made him a
kind of gods´ terrestrial representative and speaker and an executor of their will. This may
seem a way to legitimize the eventual willfulness of tlatoani, however, during the ceremonies
of new-elect tlatoani´s inauguration a public speech was delivered which explicitly pointed
out tlatoani´s duty to use the supernatural forces he had gained to optimize his government
and in favor of his subjects (SAHAGÚN 2001, II:453ff.).
It was believed that all tlatoani´s power had a divine origin (LÓPEZ AUSTIN 1961:87).
Although tlatoani appeared as the earthly representative of Tezcatlipoca, Huitzilopochtli and
possibly some other gods, his power came from the fire god Huehueteotl Xiuhtecuhtli, the
manifestation of the supreme god Ometeotl, who had created Tezcatlipoca and the other
“younger” gods who, in turn, created the age/world (nahui ollin) in which Tenochca and other
Mesoamericans (according to their belief) lived. This idea should be an important source of
legitimacy of tlatoani´s power, as its origin attributed to the highest of the gods (SULLIVAN
1980:233; TRIGGER 2007:83).
In addition, tlatoani was also a representative of god Quetzalcoatl, who was ruler of
a celestial city, which was considered a mythical original homeland of the humankind by
Mesoamericans living in postclassic period (ca. 900/1000-1520 AD). That city had several
names, for example Nahuas called it “Tollan“, Mayas “Zuyá“ etc. As at some point groups
of people left Tollan, i.e. celestial (divine) world, for human world, i.e. Mesoamerica, the
god Quetzalcoatl created from himself certain gods subordinated to him, which became
central gods of these groups17 and founded for them cities throughout Mesoamerica,
including Tenochtitlan. The cities were terrestrial copies of Tollan and were governed by
Quetzalcoatl, even if not directly, but through gods which founded them and were
16
It is not completely clear which concrete elites of Tenochtitlan were the electors of tlatoani.
17
The central god of Tenochca/Mexica was Huitzilopochtli.
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represented by cities´ human monarchs who came from cities´ royal dynasties founded by
these gods (LÓPEZ AUSTIN – LÓPEZ LUJÁN 1999; LÓPEZ AUSTIN – LÓPEZ LUJÁN
2014:281ff).
Before we turn to other Motecuhzoma´s laws concerning Tenochca state organization and
ideology let us conclude that there were various factors clearly distinguishing and at the same
time separating tlatoani and pipiltin from macehualtin. Such separation was surely
advantageous for the former, since it enabled them to concentrate great political, economical
and ideological power in their hands and exercise it with but minimal participation of
macehualtin. No suprise that in such a situation the isolation of the ruler, the major exponent
of the ruling class, from masses of ordinary people, was legally enshrined. On other hand,
the political power was more infrastructural than despotic in Tenochtitlan and thus exercised
to some extent in favor of macehualtin.
“11. In the royal palace there are to be diverse rooms where different classes of people are
to be received, and under pain of death no one is to enter that of the great lords or to mix
with those men [unless of that class himself]. Each one is to go to the chambers of his peers.
A tribunal is to be set up to resolve complaints, disputes, and possible damage caused.”
(DURÁN 1994:210).
It will be useful to describe briefly the state institutions residing in tlatoani´s palace, before
we comment on this law.
In tlatoani´s palace resided the central organs of the city-state which can be devided into
monocratic and collective ones.
To the monocratic organs (i.e. individual dignitaries) belonged: tlatoani and a certain number
of tlazopipiltin, from which the most important were: cihuacoatl, in principle a co-ruler of
tlatoani, but not completely equal to him, and four tecutlatoque (two of them were the highest
military commanders and the remaining two the highest judges), only of which the next
tlatoani could be elected (LÓPEZ AUSTIN 1961:87ff.).
Collective organs residing in the palace were:
a. courts:
a1. inferior tribunal (teccalli) with jurisdiction over civil and minor criminal cases
concerning macehualtin;
a2. superior tribunal (tlacxitlan) with jurisdiction over macehualtin who committed
serious crimes, as well as over civil and criminal cases concerning pipiltin;
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a3. tribunal called tecpilcalli with jurisdiction over delinquents pertaining to
tlazopipiltin and other pipiltin living in tlatoani´s palace and the highest military dignitaries;
a4. tribunal of cihuacoatl which was the supreme court and had universal jurisdiction.
It was chaired by cihuacoatl or, once every twelve days in principle, by tlatoani;
b. the office of achcacauhtin, who maintained the public order during public religious
festivals, had detained the delinquents before their trials began and made executions;
c. the council of the highest military dignitaries (commanders, respectively), residing
in the room called tequihuacacalli or quauhcalli;
d. the assembly of tribute collectors (calpixque) who were gathering in a room called
calpixcalli or texancalli. On the assembly, the tribute collectors were both given instructions
concerning their activities and controlled wether they fulfilled their obligations properly;
e. the assembly of lesser military dignitaries (tiachcahuan, telpuchtlatoque), who were
meeting in a room called cuicalli. These dignitaries worked as teachers in public schools
(telpochcalli) residing in all calpultin of Tenochtitlan and attending mostly by later pubertal
and adolescent macehualtin (SAHAGÚN 2001, II:663-668).
Motecuhzoma´s eleventh law fits well into the just described structure of central state organs.
Macehualtin were prohibited from entering tlatoani´s palace, except for meet the teccalli or
tlacxitlan judges who were competent to resolve their cases. The law, on the one hand,
reinforced the above discussed separation of “those, who governed” and “the governed”, as
the latter, unless they had greater military merits (a minor part of macehualtin had such
merits), not only could not participate in the exercise of state power, but they even could not
get into physical contact with persons exercising that power. On the other hand, the law also
reflected the complex character of Tenochca central state organs system, within which a
specialization occurred (we can distinguish administrative, judicial and military organs with
their respective separated rooms in tlatoani´s palace and respective specific powers), as it
established: “In the royal palace there are to be diverse rooms where different classes of
people are to be received... Each one is to go to the chambers of his peers.” (DURÁN
1994:210).
The jurisdiction of palace courts seems to have been based, according to the law we are now
examining, on the principle iudicium parium, i.e. any person may be tried only by persons
having the same social status. However, macehualtin, be it at teccalli, tlacxitlan, or tribunal
of cihuacoatl, were judged by persons who were not socially equal to them, i.e. they had a
higher social status. Namely, to become a judge (at least a palace, i.e. a higher judge), one
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should meet strict requirements, beside to have greater military merits, to be pilli or
quauhpilli, graduate from an elite school (calmecac), be wealthy, not to consume pulque (an
alcoholical beverage) etc. (SAHAGÚN 2001, II:672), which was imposible for macehualtin.
The eleventh law is substantively connected with the twelfth law which focuses on the
judiciary.
“12. An order of judges is to be established, beginning with the judges of the supreme council.
After these would come regular court judges, municipal judges, district officials, constables,
and council-men, although none of them may give the death sentence without notifying the
king. Only the sovereign can sentence someone to death or pardon him. (Even in this they
wished to act like gods.)” (DURÁN 1994:210).18
Motecuhzoma´s twelfth law enshrines a complex system of Tenochtitlan courts which was
centralized and hierarchic. There are some terminological and factual uncertainties
concerning this system in the sources, which, however, López Austin has largely resolved
(LÓPEZ AUSTIN 1961: 97ff.).
The central (palace) courts were mentioned above. Here should be added that “the judges of
the supreme courts”19 were either the judges of the tribunal of cihuacoatl or members of
tlatocan, a supreme council of Tenochtitlan with, inter alia, a judicial power, which members
were tlazopipiltin and other high dignitaries, both military and civil (LÓPEZ AUSTIN
1961:94-97). Considering that tlatocan was no permanent organ, i.e. its members gathered
but occassionally (irregulary) (LÓPEZ AUSTIN 1961:94-97), I believe that “the judges of
the supreme courts” were rather the members of the tribunal of cihuacoatl who in principle
judged on a daily basis.
The “regular court judges” and “municipal judges”20 were probably the judges of tlacxitlan
(the former) and teccalli (the latter). The court tecpilcalli seems no to be mentioned in
18
In the Mexican edition of Durán´s Historia the first sentence of the twelfth law partially differs from
Heyden´s edition. Cf. “ordenose que uviese justicias á quien acudiesen EN los pleitos y quejas y
agrauios. Despues de los oydores, que eran del supremo consejo...“ (DURÁN 2002:266).
19
In the Mexican edition of Durán´s Historia these judges are called “oydores del supremo consejo“
(DURÁN 2002:266).
20
In the Mexican edition of Durán´s Historia these judges are called “alcaldes de corte“ and “alcaldes
ordinarios“ (DURÁN 2002:266).
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Motecuhzoma´s twelfth law, from which results it was established somewhere later (not
during Motecuhzoma I´s rule).
On a local level, i.e. in individual calpultin, the judicial power held “district officials”,
“constables” and “council-men”.21 District officials were administrators of individual
calpultin (tetecuhtin, sing. tecuhtli), appointed by tlatoani, who exercised their judicial power
(along with their certain administrative powers) with aid of an auxiliary personnel (=
constables) and calpultin councils of elders (ALCÁNTARA GALLEGOS 2004:187ff.).
According to López Austin, teccalli was not a palace court, but a calpulli court chaired by
tecuhtli who minor cases judged on his own and major cases ceded to tlacxitlan judges
(LÓPEZ AUSTIN 1961:97-99). This is quite possible, however other scholars consider
teccalli a palace court.
The following two laws concern Tenochtitlan state ideology. The law number 13 establishes
the compulsory school attendance which enabled the Tenochca state to acquaint, as well as
to identify virtually all population with the axiological and normative foundations of
Tenochtitlan social order and especially its supernatural mission, the central axis of the state
ideology and religion. The law number 16 enshrines a privileged status of priests whose
spectacular rituals were a complex means through which the ideological/religious doctrines
were actualized and the mission carried out.
“13. All the barrios [calpultin] will possess schools or monasteries for young men where
they will learn religion and correct comportment. They are to do penance, lead hard lives,
live with strict morality, practice for warfare, do physical work, fast, endure disciplinary
measures, draw blood from different parts of the body, and keep watch at night. There are to
be teachers and old men to correct them and chastise them and lead them in their exercises
and take care that they are not idle, do not lose their time. All of these youth must observe
chastity in the strictest way, under pain of death.” (DURÁN 1994:210).
Minimally in Triple Alliance cities existed the compulsory school attendance. All population
and both sexes started, at the age between 12 and 15 years (sometimes perhaps 10 years old),
21
In the Mexican edition of Durán´s Historia these judges are called “corregidores“, “alguaciles“ and
“regidores“ (DURÁN 2002:266).
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to be educated in a public school, and continued in education until reaching the age of
marriage (girls: 15-18 years; boys: 20-22 years) (HINZ 1990:191-192).
The descendants prevalently of pipiltin attended an elite school (calmecac) providing a higher
education. The school resided in the sacred precinct in central Tenochtitlan and was
administred by priests (tlenamacac, tlamacazqui). Its divine patron was god Quetzalcoatl.
Calmecac was a school for boys only. Girls belonging to pipiltin were educated by priestesses
in an separate institution, residing in the sacred precinct (HINZ 2002:112-113; LÓPEZ
AUSTIN 1961:117ff.).
The descendants of mostly macehualtin attended schools called telpochcalli residing in all
calpultin. The schools were consecrated to god Tezcatlipoca and administred by lesser
military dignitaries (telpochtlato, tiachcauh). Girls belonging to macehualtin were educated
separately from boys by local elder women (HINZ 2002:112-113; LÓPEZ AUSTIN
1961:117ff.)
Tenochtitlan schools have been instrumental in their pupils´ general socialization. The
didactic programs of calmecac and telpochcalli differed, but both were complex. In calmecac
were educated mainly future priests, high officers and judges, while in telpochcalli primarily
warriors were trained who later (based on their eventual military merits) could become
(lesser) military dignitaries. Pupils of telpochcalli used to attend regularly public works (they
constructed or maintained palaces, temples, roads, causeways, canals and the like). Although
their education was prevalently a practical one, they also were acquainted with the
fundaments of religion. Pupils of calmecac worked physically (usually in the school edifice,
not on public works) and were military trained as well, but their education was primarily
focused on retorics, etiquette, ethics, law, astrology, whole religious theory and practice,
history and the like. They had a lot more specific religious duties (e.g. bloodletting), were
subject to a stricter discipline (e.g. absolute sexual abstinence) and were punished more
rigorously than pupils of telpochcalli. In addition, they lived isolated from their families in
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their school, while pupils of telpochcalli were visiting their parents at times in order, for
example, to help them with their field works (HINZ 2002:112-113).
“16. Great privileges and exemptions are to be given those who dedicate themselves to
religion, to the temples and the gods. Priests will be awarded great distinction, reverence,
and authority.” (DURÁN 1994:210).
The priests, generally called teopixque (sing. teopixqui), were professional managers of the
city-state cult life and performers of cult rituals. Their activities, essentially atributing to
successfull fulfillment of Tenochtitlan´s mission, were highly appreciated by the
state/tlatoani. No suprise a large organization of priests as a relatively autonomous part of
the state apparatus emerged. The organization was hierarchical and had its own economic
ressources, including land (KATZ 1989:253-256). On the other hand, priests were subject to
a strict discipline. For instance, a priest who did not maintain the celibacy had to be executed,
according to a law, mentioned in manuscripts Historia de los mexicanos por sus pinturas
[History of the Mexicans as Told by Their Paintings] and Éstas son leyes que tenían los indios
de la Nueva España, Anáhuac o México [These are the laws of Indians of New Spain,
Anáhuac or México]22 (Las literaturas indígenas 1985: 716, 751). Priests also had many
religious duties, as various complicated rituals, including spectacular public ceremonies,
should be made in each 20-day “month“ of the year, having 18 “months“ (veintenas) plus
five extra days (GRAULICH 1999). The proper fulfillment of these duties was systematically
controlled by the priests themselves who monitored each other and pointed to other priests´
delicts. Priestly delinquents were physically punished by other priests and/or could loose their
priestly offices, unless they paid a fine (they gave e.g. a certain amount of textiles that were
a kind of money) to priests who denounced them, which probably was possible only when
the delicts they had committed were not serious or repeated (SAHAGÚN 2001, I:119-120,
164ff.).
Let us conclude here that the Motecuhzoma I´s laws examined above reflect a great
complexity of Tenochca state organization. Such complexity was also due to various penal
laws (they were not part of Motecuhzoma I´s legislation), which established, inter alia, that
state officers and judges, as well as military dignitaries were responsible for their activities
and conduct and thus neglect of duties, disobedience to orders and various delicts considered
serious crimes, e.g. abuse of authority, bribery or alcoholism, of these persons lead to loss of
their posts and a rigorous punishment, in certain cases even to their execution (VYŠNÝ
2012:182ff.).
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II. Sumptuary laws
Before I examine concrete Motecuhzoma´s sumptuary laws I will briefly summarize the main
features of sumptuary legislation and its social functions, as well as point to some Tenochca
empiric correlates of these features and functions.
Sumptuary legislation is a phenomenon that can be find world-wide (in various time periods).
Simply put, such legislation regulates the acquisition, ownership and public display of
prestige objects, also called “prestige goods”, both moveable (e.g. dress, jewelry, food, power
or military insignia, ritual objects) and immoveable (e.g. palaces). More generally expressed,
it regulates who can and who can not perform a luxurious life-style. It has several social
functions outlined below, one of which, the most obvious, is deepening and stabilization of
social hierarchy: there are people who can not gain the prestige objects, as well as people
who can gain such objects (on condition they meet certain criteria), however, some of these
people have not access to all or but to less prestigious objects. In other words, it is legally
enshrined who can/can not acquire any or concrete prestige objects. The just mentioned
function had also Motecuhzoma´s sumptuary legislation, as it established (even if not
completely clearly) three unequal social classes: a ruling class (tlatoani, tlazopipiltin and
pipiltin), macehualtin with military merits who became certain military dignitaries and in
principle can be identified with quauhpipiltin, and masses of ordinary macehualtin. We will
see below that macehualtin, unless they had certain military merits, could gain no prestige
objects, although in practice were acquiring some of them. Macehualtin with military merits
could gain prestige objects, theoretically only from tlatoani (the state), but such objects had
to be less prestigious than those pipiltin were receiving from tlatoani. Prestige objects of
tlazopipiltin (or at least some of them) seem to have been more prestigious than those of
pipiltin. Finally, there were special prestige objects which only tlatoani could own.
Thus, at least in theory, prestige objects could be property of only tlatoque, pipiltin and
merited warriors/quauhpipiltin. This state of affaires was not only legally enshrined, but also
mythically legitimized. According to Crónica Mexicayotl Tenochca, in an early period of
their history (before they settled down on a lake island which later would convert itself to the
city of Tenochtitlan), were promised by their god Huitzilopochtli that they would
successively conquer all other states and make them – as “lords of all the world“ – to pay
rich tribute, including multiple prestige objects, to Tenochtitlan, the “centre of the world“
22
Both manuscripts pertain to an anthology of thirteen 16th century manuscripts which is known as
Libro de Oro y tesoro índico or Libro de oro since 1702 (TENA 2006:29-37).
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(TEZOZOMOC 1998:23-25). León-Portilla has related Huitzilopochtli´s promise with an
important Tenocha myth which narrates how Huitzilopochtli defeated and killed his divine
siblings (sister Coyolxauhqui a 400 brothers), in order to prevent them from killing their and
Huitzilopochtli´s mother (goddess Coatlicue), and seized their precious miraculous things,
i.e. prestige objects, making them a part of his tonalli, i.e. his “destiny“ or supernatural
essence (LEÓN-PORTILLA 2003:240-241). Considering the prestige objects owned by
tlatoque a pipiltin were referred to as in-tonal (“their destiny“) and tlatoque and pipiltin were
Huitzilopochtli´s terrestrial representatives acting on his behalf (DURÁN 2002, I:111), it may
be concluded, that the Tenochca military expansion and prestige goods extraction from the
conquered states was an imitation of an archetypal god´s deed by his human proteges. Since
macehualtin, contrary to tlatoque and pipiltin, were not Huitzilopochtli´s representatives, nor
were organizing and leading military campaigns, they had no right to gain prestige objects,
and this could change only when they achieved certain military merits and only to a limited
extent, as clearly results from the fact, that the prestige objects of merited
warriors/quauhpipiltin were inferior to those of pipiltin and tlatoque.
To understand sufficiently the above mentioned as well as other social functions of
sumptuary legislation it is necessary to render the essence of prestige objects. The prestige
objects have certain typical features, usually more features at the same time, which I briefly
describe below.
Prestige objects are not only luxurious (rare, precious, very valuable, not for use as, for
example, working instruments intended and the like) material things in the economic sense,
but also - and this above all – items with specific meta-economic (symbolic) meanings, which
they both bear and nonverbally communicate to people who appear in the vicinity of prestige
objects´ owners. The basic meaning of prestige objects is clear: they are material, and thus
well visible, markers of a higher social status of their owners. However, there are yet other,
more complex meanings of prestige objects.
Prestige objects often symbolize certain greater personal qualities of their owners (their
superior knowledge, abilities and skills), as well as their collectively important deeds,
because of which (both qualities and deeds) they were awarded with such objects
(PLOURDE 2008). This was also case of Tenochtitlan where a special category of prestige
objects, the military insignia, existed. These insignia symbolized certain greater military
deeds/merits of their owners who were various military dignitaries. The principal military
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insignia were: a feathered (tlahuiztli) or skirted (ehuatl) warrior suit, a headdress and/or back
device, and a shield (BERDAN 2014:262).
Tenochca military insignia seem to have had a great importance. These were prestige objects
whose distribution (to warriors with merits) was systematically monopolized by tlatoani,
although such monopoly, the same as in case of other prestige objects, was surely not absolute
(e.g., some insignia were sold/bought on markets at times) (BERDAN 2014:266-268). In
addition, the military insignia could basically be considered the so-called “inalienable
wealth”, which means, inter alia, that they should be res extra commercium (it was not
possible to trade with these objects) and be inheritable (there was a custom to burn these
objects with their deceased owners, as the military merits they symbolized were but personal,
i.e. not transferable to their owners´ heirs). However, as already mentioned, military insignia
were not completely res extra commercium and their status as inheritable objects is
questionable as well, as sometimes these objects may have been inherited (BERDAN
2014:266-268).
Concrete military insignia symbolized concrete extent of military merits of their owners,
which was “measured” by, inter alia, the number of enemies individual Tenochca warriors
had captivated on battlefield and transported to Tenochtitlan where the captives were
sacrificed to gods. The more people Tenochca warriors captured, the greater were their
military merits, the more prestigious were the insignia by which they were rewarded (by
tlatoani) and the higher were the military ranks they were given (by tlatoani). To hold civil
offices was in principle impossible for both pipiltin and macehualtin unless they had achieved
certain military merits/ranks (SAHAGÚN 2001, II:684-687).
The obtaining of military insignia elevated not only the social status and personal prestige of
a warrior, but also the extent of his responsibility for the maintenance of the supernatural
world (cosmic) order. Namely, to be Tenochca warrior meant to be a person who in longterm and actively, mainly by frequent participating in military campaigns and capturing of
enemies, contributed to the fullfilment of Tenochtitlan mission “to nourish” the gods. Thus,
the distribution of military insignia by tlatoani was not only rewarding, but it also was
supposed to motivate the rewarded warriors to continue in their military activities/captivating
enemies in the future, which is in accordance with Tenochca authentic notion of a prestige
object as something that so to say ties its owner to his primarily military obligations (BRODA
1977:53). In other words, the obtaining of a prestige object implied a permanent moral duty
for its owner to contribute to the maintenance of the world order, which Tenochca, similarly
as many other pre-modern world cultures, understood as a positive situation which, however,
should both gods and people maintain by ritual actions (people by, even if not only by, human
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sacrifices), in order to prevent it from its decline to a chaos. The duty of Tenochca owners of
military insignia to contribute to the maintenance of the world order found its expression
mainly in their obligation to take part in military campaigns and, if necesary, readily die in
a battle, as Sahagún expressis verbis has put it in his description of military insignia
distribution ceremony held in the eleventh “month“ ochpaniztli (SAHAGÚN 2001, I:197).
Also holding of civil (administrative, judicial, priestly) offices can symbolize (and confirm)
certain prestige objects (power insignia) belonging to officers, who were pipiltin and
quauhpipiltin in Tenochtitlan. In this relation, it is worth mentioning that after the Spanish
conquest of the Aztec Empire, i.e. in a colonial society, Nahua elites used to ground their
superior social status on their ownership of pre-Hispanic or upon pre-Hispanic prototypes
produced power insignia (OLKO 2011:455-469).
Further, prestige objects may have religious meanings and be involved in religious practices.
In Tenochtitlan it was believed, for example, that prestige objects were sacral entities in
which tonalli, a supernatural vital force identified with light and heat (CARRASCO 1998:78,
97, 98, 121) of their owners was concentrated (OLKO 2006:67), or which gave a greater
tonalli to their owners (BRUMFIEL 2000:134-137), respectively. Thus, a Tenochca who
gained a prestige object, not only reconfirmed or gained a higher social status, but also
experienced a progressive, even supernatural change of his body/personality, which acquired
a certain new – and superior – quality. Prestige objects also manifested a direct and intensive
involvement of their owners into the functioning of the world order, based on a circulation
of, inter alia, tonalli (BRUMFIEL 2000:134), to which the owners were contributing, as they
were regularly “releasing“ tonalli from bodies of (mainly) enemies they captured and
sacrificed. Prestige objects were a special reward for this vitaly important activity.
Last but not least, prestige objects may bear ideological meanings which may have a political
importance at the same time. This was also in Tenochtitlan case, as many prestige objects
were considered to have Toltec origin (SAHAGUN 1979:165-169). Toltec Empire (ca. 9501150 AD) existing in central Mexico was a remote predecessor of the Aztec Empire, glorified
by Nahuas and other Mesoamericans as a place where a high civilization emerged and
a legitimate imperial rule was established. Tenochtitlan tlatoque as indirect descendants of
Toltec rulers claimed to be their political successors and restorers of their sway, in order to
reinforce the legitimacy of their own rule and imperial expansion. Thus, the prestige objects
of Toltec origin (or produced upon Toltec prototypes) manifested links existing between their
owners (tlatoani, elites) and the primary source of legitimate power (Toltec Empire). This
function of prestige objects yet had been reinforced by an identification of Toltec capital Tula
with the celestial city of Tollan, the seat of Quetzalcoatl, which in turn enabled the Tenochca
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rulers to declare themselves terrestrial deputies of this divine ruler of mankind, who founded
– through his alter ego, the god Huitzilopochtli –, among other Mesoamerican cities, also
Tenochtitlan (see above). In addition, a doctrine of divine or semidivine origin of tlatoque
and pipiltin emerged who – contrary to macehualtin – should be descendants of a ruler of
Tollan whom either Quetzalcoatl himself or his human deputy (priest) endowed with his
divine force was (TRIGGER 2007:145).
From the brief characteristics of prestige objects results that in a society such as, for example,
the Tenochca one was, a considerable demand for prestige objects should exist. The members
of Tenochca society, both pipiltin and macehualtin, could not occupy certain higher positions
in the sociopolitical hierarchy, nor could elevate from their positions to higher ones, unless
they had gained prestige objects which materially manifested and symbolically confirmed,
as well as nonverbally, but understandably for society members communicated a superior
social status of their owners in the public.
It can be the case, that the demand for prestige objects is satisfying exclusively the ruler/state
and this, moreover, in accordance with sumptuary laws he himself has enacted, which gives
him an opportunity to manage and control the distribution of prestige objects and thus the
titles, offices, military ranks, palaces, estates and the like, which acquirement (from the
state/ruler) the obtaining of respective prestige objects (from the state/ruler) symbolizes and
confirms (BOURDIEU 1998:69ff.). It follows that there may be another important function
of sumptuary legislation which can be defined as subordination and creation of loyalty and
obedience of the recipients of prestige objects to the state/ruler, the only distributor of
prestige objects. In Tenochtitlan, however, tlatoani´s monopoly on distribution of prestige
objects was not absolute. Besides the providing of persons meeting respective criteria with
prestige objects by tlatoani, who was gaining these objects as a war booty, tribute paid by
provinces, gifts or from artisans working exclusively for him, individuals could obtain
multiple (but surely not all) prestige objects on their own (to some extent) (BERDAN
2014:271ff.), however, the non-elite owners of prestige objects may have been prohibited
from displaying them publicly (BERDAN 2014:274). Thus, some prestige objects were
occasionally bought on markets, inherited, gained as a war booty, privately produced,
received as gifts, privately provided/sacrificed to idols representing gods and the like. The
fact that there existed non-state production of some prestige objects and trade with such
objects is to be associated with an internationalization of middle to late postclassic (ca. 12001520 AD) Mesoamerican economy (e.g. long-distance trade), as well as with her
commercionalization (e.g. the rise of markets) and especially the commercionalization of
certain prestige objects (BERDAN – SMITH 2004). In other words, partial circumvention or
moderate application, respectively, of Motecuhzoma´s sumptuary laws, was present in
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Tenochtitlan and the Aztec Empire. This phenomenon, probably reduced yet during the rule
of Motecuhzoma II, also may have been in accordance with a typical feature of legislation
existing in Claessen´s and Skalník´s early states – a legislation, i.e. a law enacted by the ruler,
should not essentially differ from a customary, i.e. a traditional law, otherwise the early state
ordinary population, well self-identified with the traditional law and long-term paying respect
and obedience to it, would very probably be strongly reluctant to abide the legislation, the
more it used to favorize (to some extent) a tiny ruling class at the expense of ordinary people
(CLAESSEN 1998). Having been Motecuhzoma´s sumptuary laws rather a new law, their
acceptance by masses of macehualtin, who were disadvantaged by it, could be low, and thus
the ruling class, at most 10 % of the society (VYŠNÝ 2012:65), could prefer a moderate
application of sumptuary laws in order to avoid a protest or even a rebellion of macehualtin.
In addition, there was one exemption from the sumptuary laws which concerned the
professional merchants (pochteca, sing. pochtecatl). Merchants, to an uknown, but rather
greater extent, could gain prestige objects on their own, particularly buying them on markets
throughout, as well as beyond the Aztec Empire, and display them publicly (cf. SAHAGÚN
2001, II:706ff.).
On the other hand, whatever limited the actual enforcement of sumptuary laws in daily life
of Tenochca could be, it is indisputable that the legal regulation of acquisition, ownership
and public display of prestige objects as items with multiple deep meanings outlined above,
had to have a certain greater social significance (see OLKO 2014). There surely existed a
permanent demand of Tenochtitlan pipiltin, as well as macehualtin with military merits for
prestige objects, and such demand existed also among provincial rulers, elites and non-noble
warriors with merits, whom also tlatoani of Tenochtitlan (occasionally) provisioned with
prestige objects, establishing thus between him and the recipients of prestige objects firm
relations, considerably contributing to the integration of the otherwise strongly decentralized
Aztec Empire (BREUER 1988:58-59). Such relations were both political (they emphatisized
the subordination of provincial rulers to tlatoani of Tenochtitlan) and personal (provincial
rulers were a kind of partners or clients of Tenochtitlan tlatoani, having the former and the
latter some common political, economic and religious interests). At the same time they were
mutual, as, for example, provincial rulers the prestige goods were not only receiving from
tlatoani of Tenochtitlan, but also they were donating some to him. In other words, there were
complex links between Tenochca and provincial rulers and elites, maintained, inter alia, by
mutual giving of prestige goods. Upon such links was based a mode of metropolitan and
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provincial rulers´ and elites´ international cooperative coexistence, known as “elite culture“
(SMITH 2008:11-12).
Mutual relations between a distributor (ruler) and recipients of prestige objects, which
enabled the former to control the latter, his subjects, “from above“ (as a supreme power
authority) and centrally, were also crucial inside Tenochtitlan and other Nahua city-states.
As some scholars assert (e.g. LOCKHART 1992; ROVIRA MORGADO 2014) the structure
of Tenochca society, as well as broader Nahua society, was not only hierarchical, but also –
and this possibly to a major extent – heterarchical.23 This means that in Tenochtitlan and
elsewhere two opposed tendencies of sociopolitical development co-occurred. One tendency
was to maintain (or to reinforce) the all-society hierarchy/stratification with tlatoani and a
tiny ruling class on its top and to concentrate the political power in the hands of tlatoani in
order he could exercise it on both central and local levels, to which the emergence of a
centralized pyramidal state apparatus headed by tlatoani was instrumental. Another
tendency, existing among both pipiltin and macehualtin, was to evade the power of the
state/tlatoani to the most possible extent and pursue they own interests whose presence in
Tenochtitlan may confirm, for example, a transformation of pipiltin and macehualtin
landpossessing households (palaces in case of pipiltin, respectively) into relatively closed,
autonomous and autarchic residential, familiar and socioeconomic units (ALCÁNTARA
GALLEGOS 2004; KALYUTA 2008). As is obvious, the second tendency desintegrated
Tenochca society to some extent and weakened the factual power of tlatoani. Thus, the
distribution of prestige objects by tlatoani (the state) on condition that their recipients had
provided and would further provide certain services to him had to be an important strategy
to overcome such situation.
23
Hierarchy is a vertical form of social inequality. It resembles a multilayer pyramid, while all people
on a given level have better social position than people on lower level(s) and worse social position
than people on higher level(s). The heterarchical social organization is a network whose nodes
have more or less the same social position and mutual relations involving cooperation, competition
and conflicts. In any complex society can be found both hierarchy and heterarchy, however, the
extent to which they occur is variable in concrete cases.
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One more function of sumptuary legislation may be specified. The owners of prestige objects
display them, at least occasionally, publicly. In Tenochtitlan they were doing this mainly
during frequent religious festivals, whereby they so to say outbragged themselves before
people who could not or could only to a limited extent have prestige objects, but who were
aware of their great value and who thus gave admiration and recognition, and even become
loyal and relatively obedient, to prestige objects´ owners. In other words, the public display
of prestige objects by their owners, regulated by sumptuary legislation, is a form of
conspicuous consumption, i.e. a means by which a higher social status is reconfirmed and
political power gained or augmented (TRIGGER 2007:541, 669).
Let us continue with concrete Motecuhzoma´s sumptuary laws which were nine.
“2. Only the king may wear a golden diadem in the city, though in war all the great lords
and brave captains may wear this (but on no other occasion). These lords and warriors
represent the royal person when at war and thus could at that time wear the golden diadem
and royal insignia.“ (DURÁN 1994:208).
Besides the royal crown-like diadem (xiuhuitzolli) made of gold and covered with a turquoise
mosaic, mentioned in this law, there were multiple prestige objects, for example a blue cape
adorned with turquoise (or designed in a turquoise color), turquoise nose plug, lip plug and
ear plugs, decorated sandals, certain military insignia, a wowen reed seat used by tlatoani as
a throne etc. (BERDAN 2014:151), which were considered royal insignia, i.e. insignia which
exclusively tlatoani could have (except for the situation when some high elites represented
him on the battlefield).
A deep symbolism concerned the royal diadem, which was especially related to the materials
– gold and turquoise – from which the diadem was made. Both materials linked tlatoani to
celestial world of gods and to important gods and their supernatural activities, which can be
seen already from the etymology of Nahua expression for gold, teocuitlatl, meaning “gods´
excrement“. Gold connected tlatoani with, for example, Xipe Totec, a divine patron of
goldsmiths and god of new (spring) vegetation, fertility, agriculture, as well as war. Since a
support of rain, rich harvest, successful military campaign etc. was not only an activity of
Xipe Totec, but also a responsibility of tlatoani, who was fulfilling it mainly making
respective rituals, it may be observed, that tlatoani had frequently been acting as a terrestrial
representant, or even an embodiment, and a collaborator of god. Golden diadem and other
royal insignia made from this metal also connected tlatoani with the principal Tenochca god
Huitzilopochtli which deputy tlatoani was etc. (BAQUEDANO 2005).
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The symbolism of turquoise (xihuitl) was also complex. Primarily it linked tlatoani to fire
god Xiuhtecuhtli, which was seen as a principal divine source of terrestrial rulers´power
(TAUBE 2012:130).
Beside turquoise, there was another stone considered prestige object, the jadeite
(chalchihuitl). According to a Tenochca law, macehualli who stole such stone had to die by
lapidation, executed in public (on the marketplace) (Las literaturas indígenas 1985:751).
“3. Only the king and the Prime Minister Tlacaelel may wear sandals within the palace. No
great chieftain may enter the palace shod, under pain of death. These noblemen are the only
ones to be allowed to wear sandals in the city and no one else, also under pain of death, with
the exception of men who have performed some great feat in war; because of their valor and
courageous deeds they may wear sandals, but these must be common and of low quality. The
gilded, adorned ones are to be used only by noblemen.” (DURÁN 1994:20).
This law clearly reflects the Tenochca social hierarchy, as well as the opportunity of merited
warriors to ascend to a more favorable social position. Sandals could be worn only by pipiltin
and warriors with military merits (quauhpipiltin, respectively), however the sandals of the
latter had to be a lot simpler than those of pipiltin. On the other hand, both pipiltin and merited
warriors had to take their sandals off when they dwelled in royal palace, wherein only tlatoani
and the highest dignitary after tlatoani (i.e. cihuacoatl who in times of Motecuhzoma
Ilhuicamina was Tlacaellel), could be shod. The supremacy of the ruler and cihuacoatl over
pipiltin and merited warriors was thus emphasized. Macehualtin could not be shod, unless
they had certain military merits.
The following four laws are substantively interlocked (they regulate the use of prestige dress
by tlatoani and social classes). I will quote them one after another and comment them
altogether.
“4. Only the king is to wear the fine mantles of cotton brocaded with designs and threads of
different colors and adorned with feather-work; these will be worked with gold and
embroidered with royal insignia. The king is to decide which type of cloak is to be used by
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the royal person and at which times, in order to distinguish him from the rest.“ (DURÁN
1994:208-209).24
“5. The great lords, who are twelve, may wear special mantles of certain make and design,
and the minor lords, according to their valor and accomplishments, may wear other.“
(DURÁN 1994:209).
“6. The common soldiers are permitted to wear only the simplest type of mantle. They are
prohibited from using any special designs that might set them off from the rest. Their
breechcloths and waistbands must be in keeping with the simplicity of the mantle.“ (DURÁN
1994:209).
“7. The commoners will not be allowed to wear cotton clothing, under pain of death, but can
use only garments of maguey fiber. The mantle must just cover the knee and not be worn
longer than this. If anyone allows it to reach the ankle, he will be killed unless he has wounds
received in war on his legs [then he will be permitted to cover these with the longer length].
(And so it was that when one encountered a man who wore his mantle longer than the law
permitted, one immediately looked at his legs. If he had wounds acquired in war he would be
left in peace, for in this way he was able to cover those wounds he had been given by being
valiant, and if he did not have those wounds he would be killed. People would say, “Since
that leg did not flee from the sword, it is just that he be rewarded and honored.”)” (DURÁN
1994:209).
The dress code enshrined in the just quoted sumptuary laws made the Tenochca social
hierarchy well visible – the higher social status of a Tenochca male individual was, the more
luxurious his mantle. On the top of the hierarchy was tlatoani and after him were: “(twelve)
great lords”, i.e. tlazopipiltin, “minor lords”, i.e. pipiltin, “common soldiers”, i.e. merited
warriors or quauhpipiltin, respectively, and, finally, “the commoners”, i.e. macehualtin.
The mantles by which Tenochca men distinguished from each other, called tilmatli, were
draped garments which acted as capes or cloaks worn around the shoulders and the entire
individual´s figure, while larger tilmatli (quachtli) were also used as a kind of money.
Tilmatli was tied either over the right shoulder (macehualtin) or in front so that the knot lay
24
In the Mexican edition of Durán´s Historia the sentence “...in order to distinguish him from the rest“
is absent (cf. DURÁN 2002:265).
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over the breastplate (pipiltin). Macehualtin owned two or three tilmatli, pipiltin owned many
more (AGUILAR-MORENO 2006:365).
From the above-mentioned laws results that differences of tilmatli worn by tlatoani,
tlazopipiltin, pipiltin, merited warriors and macehualtin concerned the materials from which
the mantles were sewn, their cut (i.e. length), as well as their ornamentation. Thus,
macehualtin were prohibited from wearing cotton mantles or mantles longer than to their
knees (unless they covered the wounds they had received on battlefield), the mantles of nonnoble warriors with merits had to be simpler than those of pipiltin etc. Some special mantles
could wear only tlatoani (such mantles were royal insignia).
Another sumptuary law illustrates that prestige of a Tenochca man depended also on the type
of house he lived in:
“8. Only the great noblemen and valiant warriors are given license to build a house with a
second story; for disobeying this law a person receives the death penalty. No one is to put
peaked or flat or round additions [towers? gables?] upon his house. This privilege has been
granted by the gods only to the great.“ (DURÁN 1994:209).
In other words, “great noblemen“ (pipiltin) and “valiant warriors“ (quauhpipiltin), had,
contrary to macehualtin, the privilege to live in luxurious houses to which scholars refer as
to “palaces“.
Pipiltin lived in palaces, either in tlatoani´s palace or in their own (smaller) palaces, which,
as already mentioned, were at least twelve, and were unevenly distributed throughout
Tenochtitlan and Tlatelolco. On the other hand, not all Tenochca elites lived in palaces.
Although some tetecuhtin, the state administrators of calpultin recruiting from both pipiltin
and quauhpipiltin, may have lived (in respective calpultin) in certain palaces (ROVIRA
MORGADO 2011:77ff.), the majority of them seem to have lacked a palace-like housing and
resided in the telpochcalli buildings (ALCÁNTARA GALLEGOS 2004:173).
To palaces (tecpan) of pipiltin, who were sometimes tetecuhtin at the same time, were
attached some lands, and over time palaces could become, in Tenochtitlan, as well as in other
Nahua city-states, autonomous and autarchic social, economical and political units (teccalli)
resembling feudal domains (ROVIRA MORGADO 2014). However, in the western Nahua
area (Mexican Valley and Mexican state Morelos), where also Tenochtitlan was situated,
such palaces/domains participated in local administration exercised on behalf of the state
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(ruler) and were controlled by the state (ruler) to a major extent than in the eastern Nahua
area (today Mexican states Puebla and Tlaxcala) (LOCKHART 1992:102ff.).
There had always been a striking difference between large stone palaces and a lot more
smaller, mostly from adobe bricks constructed and considerably poorer equipped houses of
macehualtin. Although the physical appearence of palaces was not unified, they had the same
basic structure. A palace consisted of a closed rectangular inner court (patio) with a single
entrance from ouside and several rooms arranged around the court, which were built in
a certain height above the ground level (SMITH 2008:115ff.; TOBY EVANS 2004:7-58).It
is worth mentioning that the law we are examining emphasized that the privilege to live in
palaces had a divine origin. This statement was connected with a peculiar religious status of
pipiltin which provided them – contrastively to macehualtin – with a close relation to gods –
not only Tenochtitlan rulers, but also pipiltin (rulers´ relatives) considered themselves a kind
of Huitzilopochtli´s and other gods´ terrestrial representants, and this already in times of
Huitzilihuitl (ruled ca. 1396-1417), the second tlatoani of Tenochtitlan (DURÁN 2002,
I:111). No surprise then that such prestigious relation pipiltin intended to demonstrate. Thus,
their palaces had a certain greater altitude and vertically, up to celestial gods´ world oriented
disposition.
The remaining sumptuary laws concerned various jewels, made from e.g. gold, which,
similarly as other Tenochca prestige objects, had the social functions outlined above. I will
qoute these two laws together:
“9. Only the great lords are to wear labrets, ear plugs, and nose plugs of gold and precious
stones, except for commoners who are strong men, brave captains, and soldiers, but their
labrets, ear plugs, and nose plugs must be of bone, wood, or other inferior material of little
value.“ (DURÁN 1994:209).
“10. Only the king of Tenochtitlan and sovereigns of the provinces and other great lords are
to wear gold armbands, anklets, and golden rattles on their feet at the dances. They may wear
garlands and gold headbands with feathers in them in the style they desire; and no one else
may use them. These kings alone may adorn themselves with chains of gold around their
necks, with jewelry of this metal and of precious stones, such as jade, all made by master
jewellers; and no one else may. Other valiant soldiers who are not considered noblemen may
wear common garlands and eagle, macaw, and certain other feathers on their heads. They
may adorn themselves with necklaces of bone and of small snails, small scallop shells, bones
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of snakes, and common stones. (Some of the latter, though, were so well polished, carved,
and painted that they were very handsome and looked fine.)“ (DURÁN 1994:2010).25
It is clear that also these sumptuary laws were supposed to reinforce the Tenochca social
hierarchy, as well as to manifest supernatural connections between certain deities and human
owners of the jewels mentioned in the laws, which unfolded from the symbolism that
surrounded the materials from which these jewels were produced, as well as their forms and
ornamentantion (BAQUEDANO 2005; JANSEN 1997; LOWE 2004; OLKO 2006;
TORRES MONTÚFAR 2015).
As already mentioned, there were a few other sumptuary laws which may or may not have
been part of Motecuhzoma´s laws. Among these laws were, for example, alimentary
prohibitions: macehualtin, contrary to pipiltin, were forbidden, under the pain of death, to
consume a cacao beverage (SAHAGÚN 2001, I:609), as well as an alcoholic beverage
(pulque) (ALBA 1949:12), having both specific religious meanings and being involved into
religious rituals, although it is possible, that during public religious festivals both prohibitions
were applied moderately in relation to macehualtin.
III. Penal laws
Motecuhzoma´s penal laws were the following:
“14. There is to be rigorous law regarding adulterers. They are to be stoned and thrown into
the rivers or to buzzards.” (DURÁN 1994:210).
“15. Thieves will be sold for the price of their theft, unless the theft be grave, having been
committed many times. Such thieves will be punished by deaths.” (DURÁN 1994:210).
25
In the Mexican edition of Durán´s Historia the sentence “... all made by master jewellers...“ is absent
(cf. DURÁN 2002:266).
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The laws quoted are only two and are formulated quite shortly. This is in a striking contrast
with a great complexity of Tenochca penal law (VYŠNÝ 2012:170ff.) and especially a
complex legal regulation of adultery (tetlaximaliztli) (VYŠNÝ 2012:193-194) and theft
(ychtequiliztli) (VYŠNÝ 2012:198-201) which distinguishes, inter alia, several forms of both
crimes regarding the extent of their seriousness etc. It is my hypothesis that the very little
attention the legislator (Motecuhzoma I) had paid to penal law was due to a characteristic
feature of ancient legal codes, namely their incompleteness. Such codes involved only a
certain part of a society´s law, while its another part, sometimes even a major part, was a
long-term legal tradition (customary law), deep-rooted in a society and observed by the
majority of their members, as well as accepted and enforced by the state (ruler, ruling class),
and thus it was not necessery to incorporate it to a legal code.
On the other hand, the incorporation of adultery and theft into Motecuhzoma´s legal code
may point out that these crimes, considered serious, were in Tenochtitlan wide-spread, which
could resulted in a need for more systematic and rigorous prosecution and punishment of
their perpetrators which only the state (concretely the judiciary) and only clear codified allsociety legal rules enacted and enforced by state could assecurate.
Conclusion
The laws of Motecuhzoma Ilhuicamina were possibly arranged into a coherent legal code,
which seems to have encompassed only a small part of Tenochca law. However, it was an
important, even fundamental part, relating to Tenochca complex mechanisms of social
control such as: centralized state apparatus theoretically acting on the entire city-state
territory and beyond it, throughout the Aztec Empire; social stratification and existence of
a privileged tiny ruling class; penal law; state distribution of prestige objects as special
rewards of services provided to state by the rewarded, enabling them certain ascension in the
social hierarchy; ideology, to which young pipiltin, as well macehualtin (of both sexes) were
obligatory introduced in public schools, in order to be able realize it later, especially by taking
part in military campaigns and “nourishing of gods“ with enemies they had captured on
battlefield, and so on.
DOI: 10.2478/eas-2018-0012
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Similarly as in many other historical contexts, also in Tenochtitlan was the enactment of
a series of law an integral part of the process of state formation. Thus, Motecuhzoma´s laws
should stabilize and reinforce the Tenochca state as a new complex sociopolitical order. It is
nevertheless questionable to what extent they succeeded in it, since their enforcement in
Tenochtitlan inhabitants´ daily life was rather limited, as was the case, primarily, but not
only, of Motecuhzoma´s sumptuary laws (probably prior the reign of Motecuhzoma
Xocoyotzin). According to these laws was the only distributor of prestige objects the state
(i.e. tlatoani) and the acquiring of such objects was determined by e.g. military services
provided to distributor, however in practice both pipiltin and macehualtin were gaining some
prestige objects on their own, buying them on a market, for example. Motecuhzoma´s laws
relating to Tenochtitlan state apparatus reflect its hierarchical and centralized character, i.e.
local state organs, residing in individual calpultin, were subordinated to and directed by
central state organs (tlatoani´s palace), but despite of it, was the power of state (tlatoani)
sufficiently exercised in calpultin? Namely, a tendency to create local autonomous and
autarchic socioeconomic units (not only in Tenochtitlan) occurred, which surely was
weakening the state (tlatoani´s) power, along with its capability to enforce properly
Motecuhzoma´s legal code (or other laws enacted by the state). Such units resisted the state
power to some degree, which thus probably could not enforce the state law evenly on the
entire territory of Tenochtitlan. Situation like this had been common in world legal history
since at least the highly-developed and very comprehensive, but never systematically applied
Babylonian Code of Hammurabi (18th century BC).
The laws of Motecuhzoma Ilhuicamina, as well as Tenochca law as a whole, should be
explored in broad context of Tenochca, Nahua and even all-Mesoamerican general history,
society and religion. Only to a lesser extent was possible to do this in the present article, but
further investigation of pre-Hispanic Nahua law is planned by the author.
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