History of the Conquest of Peru by William Hickling Prescott
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page 36 of 678 (05%)
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the maintenance of public order. A rebellious city or province was laid
waste, and its inhabitants exterminated. Rebellion against the "Child of the Sun," was the greatest of all crimes.9 The simplicity and severity of the Peruvian code may be thought to infer a state of society but little advanced; which had few of those complex interests and relations that grow up in a civilized community, and which had not proceeded far enough in the science of legislation to economize human suffering by proportioning penalties to crimes. But the Peruvian institutions must be regarded from a different point of view from that in which we study those of other nations. The laws emanated from the sovereign, and that sovereign held a divine commission, and was possessed of a divine nature. To violate the law was not only to insult the majesty of the throne, but it was sacrilege. 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 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 fight 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. The inspection of the board of visitors, and the monthly returns of the tribunals, afforded no slight guaranty for their integrity. The law which required a decision within five days would |
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