The naturall and morall historie of the East and West Indies Intreating of the remarkable things of heaven, of the elements, mettalls, plants and beasts which are proper to that country: together with the manners, ceremonies, lawes, governments, and warres of the Indians. Written in Spanish by the R.F. Ioseph Acosta, and translated into English by E.G.

Of the iustice, lawes, and punishments which the In∣guas have established, and of their mar∣riages. CHAP. 18.

EVen as such as had done any good service in warre, or in the governement of the common-weale were honoured and recompensed with publike charges, with lands given them in proper, with armes and titles of honour, and in marrying wives of the Inguas linage:

Even so they gave severe punishments to such as were disobedient and offenders. They punished murther, thes•• and adultery, with death, and such as commit∣ted incest with ascendants or descendants in direct line, were likewise punished with death. But they held it no adultery to have many wives or concubines, ney∣ther were the women subiect to the punishment of death, being found with any other, but onely she that was the true and lawfull wife, with whome they con∣tracted marriage; for they had but one whome they did wed and receive with a particular solempnitie and ceremony, which was in this maner: the bridegroome went to the brides house, and led her from thence with him, having first put an Ottoya vppon her foote. They call the shooe which they vse in those partes Ottoya, be∣ing open like to the Franciscan Friars. If the bride were a mayde, her Ottoya was of wooll, but if she were not, it was of reedes. All his other wives and concubines did honour and serve this as the lawfull wife, who alone af∣ter the decease of her husband caried a mourning weed of blacke, for the space of a yeare; neither did she marry vntill that time were past; and commonly she was yon∣ger than her husband. The Ingua himselfe with his own hand gave this woman to his Governors and captains: and the Governors or Caciques, assembled all the yong∣men and maydes, in one place of the Citty, where they gave to every one his wife with the aforesaide ceremo∣ny, in putting on the Ottoya, and in this manner they contracted their marriages. If this woman were found with any other than her husband, shee was punished with death, and the adulterer likewise: and although the husband pardoned them, yet were they punished, although dispensed withall from death. They inflicted

the like punishment on him that did committe•••••• with his mother, grandmother, daughter, or grand∣childe▪ for it was not prohibited for them to ma•••••• to∣gether, or to have of their other kinsfolkes for concu∣bines; onely the first degree was defended, neither did they allow the brother to have the company of his si∣ster, wherein they of Peru were very much deceived, beleeving that their Inguas and noble men might law∣fully contract marriage with their sisters, yea by father and mother: for in trueth it hath beene alwayes helde vnlawfull among the Indians, & defended to contract in the first degree; which continued vntill the time of Topa Ingua Yupangui father to Guaynacapa, and grand∣father to Atahualpa, at such time as the Spaniards ente∣red Peru, for that Topa Ingua Yupangui, was the first that brake this custome, marrying with Mamaoello, his sister by the fathers side, decreeing that the Inguas might marry with their sisters by the fathers side, & no other.

This he did, and by that marriage he had Guaynaca∣pa, and a daughter called Coya Cussillimay: finding him∣selfe at the poynt of death, hee commaunded his chil∣dren by father and mother to marry together, and gave permission to the noble men of his country, to marrie with their sisters by the fathers side. And for that this marriage was vnlawful, and against the lawe of nature, God would bring to an end this kingdome of the I••∣guas, during the raigne of Guascar Ingua, and Atalmalpa Ingua, which was the fruite that sprang from this mar∣riage. Whoso will more exactly vnderstand the man∣ner of marriages among the Indians of Peru, lette him reade the Treatise Polo hath written, at the request of Don Ieronimo Loaisa Archbishop of Kings: which P•••••• made a very curious search, as he hath doone of di••ers

other things at the Indies. The which importes much to be knowne to avoyde the errour and inconvenien∣ces whereinto many fall (which know not which is the lawfull wife or the concubine among the Indians) cau∣sing the Indian that is baptized to marry with his con∣cubine, leaving the lawfull wife: thereby also wee may see the small reason some have had, that pretended to say, that wee ought to ratifie the marriage of those that were baptized, although they were brother and sister. The contrary hath beene determined by the provinci∣all Synode of Lyma, with much reason, seeing among the Indians themselves this kind of marriage is vnlawful.