HISTORY OF MEXICO. 



149 



to the king, or a fuperior magiftrate, or allowed them- 

 felves to be corrupted by bribes. 



He who in war committed any hoftility upon the ene- 

 my wichout the order of his chief, or attacked them 

 before the fignal for battle was given, or abandoned the 

 colours, or violated any proclamation publifhed to the 

 army, was infallibly beheaded. 



He who at market altered the meafures eftablifhed 

 by the magiftrates, was guilty of felony, and was put to 

 death without delay in the fame place. 



A murderer forfeited his own life for his crime, even 

 although the perfon murdered was but a flave. 



He who killed his wife, although he caught her in 

 adultery, fufFered death ; becaufe, according to them, 

 he ufurped the authority of the magiftrates, whofe pro- 

 vince it was to take cognizance of mifdeeds, and punifh 

 evil-doers. 



Adultery was inevitably punifhed with death. Adul- 

 terers were (toned to death, or their heads were bruifed 

 between two (tones. This law which prefcribed that 

 adulterers fhould be ftoned to death, is one of *thofe 

 which we have feen reprefented in the ancient paintings 

 which were preferved in the library of the fupreme col- 

 lege of Jefuits at Mexico. It is alfo reprefented in the 

 la(t painting of the collection made by Mendoza, and is 

 taken notice of by Gomara, Torquemada, and other 

 authors. But they did not confider, nor did they punifh 

 as adultery, the trefpafs of a hufband with any woman 

 who was free, or not joined in matrimony : wherefore 

 the hufband was not bound to fo much fidelity as was 

 exacted from the wife. In all places of the empire this 

 crime was punifhed, but in fome places with greater fe- 

 verity than in others. In Ichoatlan, a woman who was 



accufed 



