Inhaltsangabe
This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1869. Not illustrated. Excerpt: ... So far is from Pedro de Cieza. The same rule was observed in their wars, the native chiefs of the provinces whence troops were drawn never being deprived of the command of them. They were left in the enjoyment of their appointments, even if they were masters of the camp, while commanders of the blood royal were placed over them. They enjoyed serving under lieutenants of the Yncas, whose members they said they were, being their ministers and soldiers; and they held such appointments to be very great favours. The judge had no power to mitigate a penalty ordained by the law, but he was obliged to execute it in its integrity, on pain of death, as a breaker of the royal commandment. They said that to give the judge any discretion in the infliction of punishments was to diminish the majesty of the law ordained by the king, with the advice of men of such experience and wisdom as he had in his council, which experience and wisdom were wanting to the inferior judges. It was also considered that such discretion would make the judges venal, and open the door to petitions and bribes, whence would arise very great confusion in the commonwealth, each judge acting according to his caprice. A judge, therefore, should not assume the position of a lawyer, but should put in force that which the law commanded, how severe soever it might be. Assuredly if we consider the severity of those laws, which generally (hoWever slight the offence might be, as we have already said) imposed the punishment of death, they may be said to have been the laws of barbarians. But looking to the benefit which accrued to the commonwealth from this very rigour, it may, on the other hand, be affirmed that they were the laws of a wise people who desired to extirpate crime; for the infliction of the penaltie...
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