The Markets and Their Laws

pero antes que tratemos de ellos es menester saber primero como había antiguamente Dios de los mercados y ferias el cual dios tenian puesto en un momoztly que son unos humilladeros á manera de picotas que usaron antiguamente que despues los llamabamos los muchachos mentideros. Había de estos por los caminos muchos y por las encrucijadas de las calles y en el tianquiz. En estos mentideros de los tianquiz había fijadas unas piedras redondas labradas tan grandes como una rodela y en ellas esculpidas una figura redonda como una figura de un sol con unas pinturas á manera de rosas á la redonda con unos círculos redondos otros ponían otras figuras segun la contemplacion de los sacerdotes y de la autoridad del mercado y pueblo.

but before we treat of them it is needful to know first how there was anciently a God of the markets and fairs, which god they had set on a momoztly, which are some wayside shrines in the manner of pillories that they used anciently, which afterward we boys called mentideros [gossip-places]. There were of these along the roads many, and at the crossings of the streets and in the tianquiz. In these mentideros of the tianquiz there were fixed some round worked stones as large as a round shield, and on them carved a round figure like a figure of a sun, with some paintings in the manner of roses round about, with some round circles; others put other figures according to the judgment [contemplacion] of the priests and of the authority of the market and town.

But before we deal with [those who were sacrificed], we must first know that in the old days there was a god of the markets and fairs. This god was set up on a momoztli,1 a kind of wayside shrine shaped like a pillory. Later, as boys, we called them “gossip posts.” There were many of them along the roads, at street crossings, and in the tianquiz.2 In the market shrines, round carved stones as big as a shield were set up. On them was carved a round figure like a sun, with painted designs like roses around it and rings of circles. Other shrines had other figures, as the priests and the authorities of the market and town decided.

1. Durán explains the word himself: a momoztli was a small shrine or altar by a road, at a crossing or in a market, where a god's image stood and offerings were made.
2. Tianquiz, from Nahuatl tianquiztli, “market.” Durán uses it alongside the Spanish word mercado.

Los dioses de estos mercados prometían grandes males y malos agüeros y pronósticos á los pueblos comarcanos que no acudían á sus mercados sobre lo cual había términos señalados de cuantas leguas habían de acudir á los mercados para honor de los dioses de ellos y tambien había ley y precepto de acudir sino fuese por justo impedimento y no solo por respeto de los dioses pero tambien por causa de que hubiese y se trujese provision á los pueblos y con lo que mas los asombraban y compelían era con la ira y enojo de los dioses y asi acudían de todas partes de dos y de tres y de cuatro leguas y mas á los mercados

The gods of these markets promised great evils and bad omens and prognostics to the neighboring towns that did not come to their markets, about which there were set limits of how many leagues they had to come to the markets for honor of their gods, and also there was law and precept to come unless it were for just impediment, and not only out of respect for the gods but also so that there should be and be brought provision to the towns; and that with which they most frightened and compelled them was with the wrath and anger of the gods, and so they came from all parts, from two and from three and from four leagues and more, to the markets.

The gods of these markets threatened great harm, bad omens and evil signs to any nearby town that did not come to their markets.3 There were fixed limits, counted in leagues,4 for how far away people were bound to come to the markets in honor of the gods. There was also a law that everyone must come unless they had a good excuse. This was not only out of respect for the gods, but also so that the towns would be supplied. But what frightened and drove them most was the wrath and anger of the gods. So they came from every side, from two, three, four leagues and more.

3. Durán, a Christian friar, calls these gods idols and their threats superstition. For the people of central Mexico, the anger of the gods was real and had to be avoided.
4. A league was roughly the distance a person could walk in an hour.

Los mercados en esta tierra eran todos cerrados de unos paredones y siempre frontero de los templos de los dioses ó á un lado y en el pueblo que se celebraba tianquiz aquel día tenian como por fiesta principal en aquel pueblo ó ciudad y así en aquel momoztly donde estaba el ídolo del tianquis ofrecían mazorcas de maíz axi tomatl fruta y otras legumbres y semillas y pan en fin de todo lo que se vendía en el tianquiz unos dicen que se quedaba allí y que se perdía otros dicen que no sino que se recojía para los sacerdotes y ministros de los templos. Pero acudiendo á lo que dije que lo tenían aquel día como día de fiesta es asi verdad de lo cual me informé muy en particular sobre lo cual diré lo que me aconteció con un Señor de un pueblo al cual rogándole que acabasen cierta obra que estaba empezada en la iglesia me respondió: padre no sabes que mañana es gran fiesta en este pueblo como quieres que trabajen déjalo para otro día y miré el calendario en todo mi juicio para ver que santo era y no hallé fiesta ninguna y él riéndose me dijo no sabes que es fiesta mañana del tianquiz que hay en este pueblo y que no queda hombre ni muger que no sale á solemnizallo de las cuales palabras noté la fiesta y solemnidad que es para ellos el mercado y mucho mas antiguamente á causa de que entonces había en ello supersticion y agüero é idolatría y agora no la hay sino constumbre ó vicio en los que van allí valdíos.

The markets in this land were all enclosed by some great walls, and always facing the temples of the gods or to one side; and in the town where tianquiz was held that day they held it as for a principal feast in that town or city, and so on that momoztly where the idol of the tianquis was they offered ears of maize, axi, tomatl, fruit and other vegetables and seeds and bread, in short of all that was sold in the tianquiz; some say that it stayed there and was lost, others say no, but that it was gathered for the priests and ministers of the temples. But returning to what I said, that they held that day as a feast day, it is so in truth, about which I informed myself very particularly, about which I will tell what happened to me with a Lord of a town, whom, asking him that they finish a certain work that was begun in the church, he answered me: Father, do you not know that tomorrow is a great feast in this town, how do you want them to work? Leave it for another day. And I looked at the calendar with all my judgment to see what saint it was, and found no feast at all, and he laughing said to me: do you not know that it is the feast tomorrow of the tianquiz that there is in this town, and that there remains no man nor woman who does not go out to solemnize it? From which words I noted the feast and solemnity that the market is for them, and much more anciently, because then there was in it superstition and omen and idolatry, and now there is not, but custom or vice in the idle ones who go there.

The markets in this land were all enclosed by high walls, and they always stood facing the temples of the gods or beside them. The town that held its market on a given day kept that day as its chief feast, whether town or city. On the momoztli where the idol of the market stood, they offered ears of maize, chili, tomatoes,5 fruit, other vegetables, seeds and bread: in short, some of everything sold in the market. Some say these offerings were left there to spoil. Others say no, they were gathered up for the priests and ministers of the temples. As I said, they kept market day as a feast day. This is true. I looked into it very carefully, and I will tell what happened to me with the lord of a town. I asked him to have some work finished that had been started on the church. He answered, “Father, don't you know that tomorrow is a great feast in this town? How can you want them to work? Leave it for another day.” I searched the calendar as carefully as I could to see which saint's day it was, and found no feast at all. He laughed and said, “Don't you know that tomorrow is the feast of the market of this town, and that not one man or woman stays home from celebrating it?” From these words I saw what a feast and solemn occasion the market is for them. It was much more so in the old days, because then it was bound up with superstition, omens and idolatry. Now there is none of that, only custom, or vice in the idlers who go there.

5. Axi (ají) was the Caribbean word Spaniards used for chili; tomatl is the Nahuatl word for tomato.

Había tambien otra ley puesta por la república que ninguno vendiese cosa de lo que traya al mercado fuera de él sobre lo cual no solamente había ley y pena pero tambien había temor de agüeros y de mal suceso y enojo del dios del mercado y así no osaban vender fuera de él cosa ninguna y esto aun hoy en día ha quedado de constumbre y he lo visto muchas veces que si un indio lleva al tianquiz dos ó tres gallinas que vender ó una carga de fruta y en el camino topa un español y si las quiere comprar y le dá lo que en el tianquiz le había de dar por ello lo reusa y no lo quiere vender allí con ahorralle una legua ó dos de camino sino que le ruega que vaya al tianquiz que allá se lo venderá.

There was also another law put by the commonwealth that no one should sell anything of what he brought to the market outside of it, about which not only was there law and penalty but also there was fear of omens and of bad outcome and anger of the god of the market, and so they did not dare sell outside of it anything; and this even today has remained as custom, and I have seen it many times, that if an Indian carries to the tianquiz two or three hens to sell, or a load of fruit, and on the road meets a Spaniard, and if he wants to buy them and gives him what in the tianquiz they would give him for it, he refuses it and does not want to sell it there, with saving himself a league or two of road, but he begs him to go to the tianquiz, that there he will sell it to him.

There was also another law, made by the commonwealth, that no one could sell anything he had brought for the market outside it. For this there was not only a law and a penalty, but also fear of omens and bad luck and of the market god's anger. So they did not dare sell anything outside the market. Even today this has remained a custom, and I have seen it many times. An Indian is taking two or three hens to market, or a load of fruit. On the road he meets a Spaniard who wants to buy them and offers what he would get for them in the market. The Indian refuses and will not sell them there, though it would save him a league or two of walking. Instead he begs the Spaniard to come to the market, where he will sell them to him.

Dígolo á propósito de la rigurosidad con que estos guardaban sus estatutos y leyes que aun hasta hoy con estar ya en la ley de gracia les tura todavía aquel asombro de su vieja ley y temor aunque tambien lo hacían antiguamente el poner estos temores y niñerías por cierta pension que daban de todo lo que se vendía como alcabala de aquel mercado lo cual se repartía para el Señor y la comunidad todo lo que allí se recojía.

I say it with regard to the rigor with which these kept their statutes and laws, that even until today, being now in the law of grace, there still lasts for them that awe of their old law and fear; although also they did it anciently, the putting of these fears and childishnesses, for a certain fee that they gave of all that was sold, like alcabala of that market, which was divided for the Lord and the community, all that was collected there.

I tell this to show how strictly these people kept their statutes and laws. Even today, now that they live under the law of grace,6 that awe and fear of their old law still lasts. In the old days, though, these fears and childish ideas were also put about for the sake of a fee paid on everything sold, like a sales tax7 on that market. All that was collected there was divided between the lord and the community.

6. Christian writers called the age since Christ, under the Gospel, the “law of grace,” as against the old law of Moses.
7. Alcabala, the Castilian tax on sales. Durán uses it for the fee paid on goods sold in the market.

Había en esta tierra una ordenanza puesta por los reyes acerca de los mercados y era que constituían férias ó mercados donde se vendiesen cosas particulares por lo cual algunos mercados eran muy nombrados y seguidos lo cual era de esta manera que mandaban que en la féria de Azcapotzalco se vendiesen esclavos y que todos los de la comarca que tuviesen esclavos que vender acudiesen allí y no á otra parte á vendellos y lo mesmo en la de Izhuacan las cuales dos férias eran donde se vendían esclavos para que allí acudiesen á comprallos los que los habian menester porque ya sabían que fuera de allí no los habían de hallar en otra parte. En otras ordenaban se vendiesen joyas piedras ricas como era en la de Cholollan y plumas ricas. En otras vendían ropas y jícaras ricas como en Tetzcoco y loza curiosa y bien obrada á su modo. A la féria de Acolman habían dado que vendiesen allí perros y que todos los que los quisiesen vender acudiesen allí así á vendellos como á comprallos y así toda la mas mercadería que allí acudía eran perros chicos y medianos de toda suerte donde acudían de toda la comarca á comprar perros y hoy en día acuden porque hasta hoy hay allí el mesmo trato donde fuí un día de tianquiz por solo ser testigo de vista y satisfacerme y hallé mas de cuatrocientos perros chicos y grandes liados en cargas de ellos ya comprados y de ellos que todavía andaban en venta y era tanta la ca que había de ellos que me quedé admirado.

There was in this land an ordinance put by the kings about the markets, and it was that they established fairs or markets where particular things should be sold, for which some markets were very famous and frequented; which was in this manner, that they ordered that in the fair of Azcapotzalco slaves should be sold, and that all those of the district who had slaves to sell should come there and not to another place to sell them, and the same in that of Izhuacan; which two fairs were where slaves were sold, so that there those who needed them would come to buy them, because they already knew that outside of there they would not find them in another place. In others they ordered that jewels, rich stones be sold, as it was in that of Cholollan, and rich feathers. In others they sold clothes and rich gourd bowls, as in Tetzcoco, and fine pottery well made in their manner. To the fair of Acolman they had given that dogs be sold there, and that all those who wanted to sell them should come there, both to sell them and to buy them; and so most of the merchandise that came there was small and middling dogs of every sort, where they came from all the district to buy dogs, and today they come, because until today there is the same trade there, where I went one day of tianquiz only to be an eyewitness and satisfy myself, and I found more than four hundred dogs small and large tied in loads, of them already bought and of them that were still for sale, and so great was the [ca?] that there was of them that I was amazed.

The kings of this land made an ordinance about the markets. They set up fairs or markets where particular goods were to be sold, so some markets became very famous and busy. It worked like this. They ordered that slaves be sold at the fair of Azcapotzalco, and that everyone in the district who had slaves to sell should go there to sell them, and nowhere else. The same was true of the fair of Izhuacan.8 These two fairs were where slaves were sold, so that people who needed them went there to buy them, knowing they would find them nowhere else. In other markets they ordered jewels and precious stones to be sold, as at Cholollan,9 along with fine feathers. Others sold cloth and fine gourd bowls,10 as at Tetzcoco, and fine pottery, well made in their style. To the fair of Acolman they had given the sale of dogs. All who wanted to sell or buy dogs had to go there. So most of the goods there were small and middle-sized dogs of every kind, and people came from the whole district to buy them. They still do today, because the same trade goes on there. I went there one market day, just to see it with my own eyes and satisfy myself. I found more than four hundred dogs, small and large, tied up in loads, some already sold and others still for sale. There were so many that I was amazed.

8. Durán spells it Izocan a little further on, and in an earlier chapter he names the slave markets of Azcapotzalco and “Ytzucan.” It was probably Itzocan, now Izúcar de Matamoros in Puebla.
9. Cholollan, now Cholula, in Puebla.
10. Jícaras, bowls made from gourds.

Estos esclavos sacaban los amos á los mercados: unos traían hombres otros mugeres y otros niños y niñas para que cada uno hallase lo que tenia necesario. Para que se conociesen eran esclavos tenían al cuello unas colleras de palo ó de metal con unas argollas pequeñas por las cuales tenían metidas unas varas atravesadas atras de á braza. La causa por que les echaban estas varas diré en su lugar. En el lugar donde se vendían estos esclavos que era á un lado del mercado segun la órden de los mercados los amos los hacian estar bailando y cantando para que los merchantes acodiciándose á la buena gracia de voz y baile lo comprasen luego de suerte que si tenía buena gracia luego hallaba amo lo cual no hacían los que tenían mala gracia y eran inhábiles para ello y así salían muchas veces á los mercados sin haber quien hiciese caso de ellos aunque algunos los compraban para servirse de ellos ya que para representar dioses eran inhábiles y querían los cantores y bailadores por que cuando los vestían en los trajes de los dioses todo el tpo. que los representaban andaban bailando y cantando por las calles y casas donde entraban y en los templos y las azoteas de las casas reales y de sus amos dándoles todos los placeres y contentos del mundo de comidas y bebidas y saraos como si fuera el mesmo ídolo

These slaves the masters took out to the markets: some brought men, others women, and others boys and girls, so that each one might find what he had need of. So that it should be known they were slaves, they had at the neck some collars of wood or of metal with some small rings, through which they had put some poles crosswise behind, of a fathom. The cause why they put these poles on them I will say in its place. In the place where these slaves were sold, which was on one side of the market according to the order of the markets, the masters made them be dancing and singing, so that the merchants, growing covetous at the good grace of voice and dance, would buy them at once; so that if one had good grace he at once found a master, which did not those who had bad grace and were unfit for it, and so they went out many times to the markets without there being anyone who took notice of them, although some bought them to serve themselves of them, since for representing gods they were unfit. And they wanted the singers and dancers because when they dressed them in the garments of the gods, all the time that they represented them they went dancing and singing through the streets and houses where they entered, and in the temples and the roofs of the royal houses and of their masters, [these] giving them all the pleasures and contentments of the world, of foods and drinks and entertainments, as if he were the idol himself

The owners brought these slaves out to the markets. Some brought men, others women, others boys and girls, so that every buyer could find what he needed. To show that they were slaves, they wore collars of wood or metal at the neck, with small rings. Through the rings poles about a fathom long were passed, crosswise behind them. Why they were given these poles I will tell in its place.11 The slaves were sold on one side of the market, as the order of the markets required. There their owners made them dance and sing, so that the merchants would take a liking to a good voice and graceful dancing and buy them at once. A slave who sang and danced well quickly found a master. Those who did it badly and had no gift for it did not. Many times they were brought to market and no one paid them any attention, though some people bought them as servants, since they were no good for representing gods.12 The buyers wanted singers and dancers because the slaves were dressed in the clothes of the gods. All the time they stood for a god, they went dancing and singing through the streets and into houses, in the temples and on the roofs of the royal palaces and of their masters. They were given every pleasure and delight in the world, food and drink and feasting, as if each were the idol himself.

11. Durán explains later in the chapter: by law, a slave who broke away from his master in the market and got past its bounds went free. The pole made it hard to slip through the crowd.
12. In the festivals Durán describes in earlier chapters, a slave bought for the purpose was purified and honored as the living image of a god, for a year or for shorter times, and then sacrificed.

Estos esclavos no eran gente estraña ni forastera ni habida en guerra como algunos han opinado sino naturales de los mesmos pueblos.

These slaves were not strange people nor foreign nor taken in war, as some have opined, but natives of the same towns.

These slaves were not strangers or foreigners or captives taken in war, as some have thought. They were natives of the same towns.