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 seem little suited to the complex and embarrassing litigation of a modern tribunal. But, in the simple questions submitted to the Peruvian judge, delay would have been useless; and the Spaniards, familiar with the evils growing out of long-protracted suits, where the successful litigant is too often a ruined man, are loud in their encomiums of this swift-handed and economical justice.12The fiscal regulations of the Incas, and the laws respecting property, are the most remarkable features in the Peruvian polity. The whole territory of the empire was divided into three parts, one for the Sun, another for the Inca, and the last for the people. Which of the three was the largest is doubtful. The proportions differed materially in different provinces.
The distribution, indeed, was made on the same general principle, as each new conquest was added to the monarchy; but the propertion varied according to the amount of population, and the greater or less amount of land consequently required for the support of the inhabirants.13The lands assigned to the Sun furnished a revenue to support the temples, and maintain the costly ceremonial of the Peruvian worship and the multitudinous priesthood. Those reserved for the Inca went to support the royal state, as well as the numerous members of his household and his kindred, and supplied the various exigencies of government. The remainder of the lands was divided, per capita, in equal shares among the people. It was provided by law, as we shall see hereafter, that every Peruvian should marry at a certain age. When this event took place, the community or district in which he lived furnished him with a dwelling, which, as it was constructed of humble materials, was done at little cost. A lot of land was then assigned to him sufficient for his own maintenance and that of his wife. An additional portion was granted for every child, the amount allowed for a son being the double of that for a daughter. The division of the soil was renewed every year, and the possessions of the tenant were increased or diminished according to the numbers in his family.14 The same arrangement was observed with reference to the curacas, except only that a domain was assigned to them corresponding with the superior dignity of their stations.15A more thorough and effectual agrarian law than this cannot be imagined. In other countries where such a law has been introduced, its operation, after a time, has given way to the natural order of events, and, under the superior intelligence and thrift of some and the prodigality of others, the usual vicissitudes of fortune have been allowed to take their course, and restore things to their natural inequality. Even the iron law of Lycurgus ceased to operate after a time, and melted away before the spirit of luxury and avarice. The nearest approach to the Peruvian constitution was probably in Judea, where, on the recurrence of the great national jubilee, at the close of every half-century, estates reverted to their original proprietors. There was this important difference in Peru;that not only did the lease, if we may so call it, terminate with the year, but during that period the tenant had no power to alienate or to add to his possessions. The end of the brief term found him in precisely the same condition that he was in at the beginning. Such a state of things might be supposed to be fatal to any thing like attachment to the soil, or to that desire of improving it, which is natural to the permanent proprietor, and hardly less so to the holder of a long lease. But the practical operation of the law seems to have been otherwise; and it is probable, that, under the influence of that love of order and aversion to change which marked the Peruvian institutions, each new partition of the soil usually confirmed the occupant in his possession, and the tenant for a year was converted into a proprietor for life.
The territory was cultivated wholly by the people. The lands belonging to the Sun were first attended to. They next tilled the lands of the old, of the sick, of the widow and the orphan, and of soldiers engaged in actual service; in short, of all that part of the community who, from bodily infirmity or any other cause, were unable to attend to their own concerns.
