The
slightest offence, viewed in this light, merited death; and the
gravest could incur no heavier penalty. *10 Yet, in the
infliction of their punishments, they showed no unnecessary
cruelty; and the sufferings of the victim were not prolonged by
the ingenious torments so frequent among barbarous nations. *11
[Footnote 10: "El castigo era riguroso, que por la mayor parte
era de muerte, por liviano que fuese el delito; porque decian,
que no los castigavan por el delito que avian hecho, ni por la
ofensa agena, sino por aver quebrantado el mandamiento, y rompido
la palabra del Inca, que lo respetavan como a Dios." Garcilasso,
Com. Real. Parte 1, lib. 2. cap. 12.]
[Footnote 11: One of the punishments most frequent for minor
offences was to carry a stone on the back. A punishment attended
with no suffering but what arises from the disgrace attached to
it is very justly characterized by McCulloh as a proof of
sensibility and refinement. Researches, p. 361.]
These legislative provisions may strike us as very defective,
even as compared with those of the semi-civilized races of
Anahuac, where a gradation of courts, moreover, with the right of
appeal, afforded a tolerable security for justice. But in a
country like Peru, where few but criminal causes were known, the
right of appeal was of less consequence. The law was simple, its
application easy; and, where the judge was honest, the case was
as likely to be determined correctly on the first hearing as on
the second.
Pages:
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78