Professional Documents
Culture Documents
Sarah Albiez-Wieck
To cite this article: Sarah Albiez-Wieck (2017) Indigenous migrants negotiating belonging:
Peticiones de cambio de fuero in Cajamarca, Peru, 17th–18th centuries, Colonial Latin American
Review, 26:4, 483-508, DOI: 10.1080/10609164.2017.1402233
Article views: 74
© 2017 Informa UK Limited, trading as Taylor & Francis Group on behalf of CLAR
484 S. ALBIEZ-WIECK
socioeconomic and fiscal criteria were important as well, although historians assess them a
varying importance. Only a few scholars fundamentally question the existence of ethnic
criteria (Noack 2011).
One central expression of the casta society was the tribute system. The rather static con-
ception of this system was challenged by the mostly internal migration of indigenous
people which is at the heart of this article.4 In the following, I will analyze the entangle-
ments, imbrications and mutual interferences of indigenous migration and fiscal cat-
egories and how they were implemented and negotiated. The relationship between
migration and the tribute system has not been made explicit enough, and it is crucial to
show that the seemingly static fiscal categories were negotiable, flexible and changed
over time.
To ground this general aim, I will ask some more concrete questions. What were
the prehispanic antecedents of migration in the region? What happened when colo-
nial migrants like the forasteros settled down, formed families, found friends and
interacted with the local colonial administration? Did they manage to gain access
to the local land? How were they integrated into the corporate structures typical
of Andean life before and after the Spanish conquest, and was this integration
tied to land tenure? How did they and their descendants negotiate their belonging,
especially with reference to other social groups, of indigenous, Spanish, African and
mixed descent?
I will answer these questions via the analysis of a little known type of source document,
the peticiones de cambio de fuero.5 In these petitions, individuals, families and groups
united by a shared fate struggle to change—or often just maintain— their fiscal category
and legal status which was associated with a number of privileges.6 The documents and
testimonials presented by them and their opponents show their rootedness in the local
corporate structure of the ayllus/pachacas and guarangas (cf. infra) and their—at least
in some cases—impressive networks and social capital. Besides, they demonstrate the con-
siderable diversity of colonial categories for migrants and the capacity of petitioners to
negotiate their place. Finally, they open up the question of whether it is even meaningful
to address all of them generally as migrants, as a considerable part of the people in ques-
tion did not migrate themselves but were only the descendants of actual migrants, mostly
in the second or third generation; and in the case of the Incas or mitimaes, the actual
migration lay much further in the past. For this reason, I prefer to use the terms
present in the sources. The article nevertheless also speaks about migrants, because on
the one hand, a history of migration is the common denominator in the several social
units referred to here, and the local population as well as the colonial administration
more generally accepted and furthered the classification based on this premise. On the
other hand, it connects to the terminology used by the descendants of present-day internal
migrants in Bolivia who denominate themselves migrants in the second and even third
generation (Ibáñez Cueto 2015, 212).
With this, the article contributes to the field of migration history, especially the agency
of migrants, as well as to the discussion about the casta and the tribute system, by offering
a perspective from an understudied region and a relatively unknown type of sources.
As Cajamarca does not lie in the focus of most studies on the Viceroyalty of Peru, the
article starts with a delineation of the specific conditions under which indigenous migrants
lived in this region and its capital as well as a sketch of the set of the relevant social
COLONIAL LATIN AMERICAN REVIEW 485
categorizations and their peculiar entanglements. Thereafter, the sources in question are
presented and it is outlined how therein the negotiation of categories took place. This
part refers also to categories of people with mixed ancestry, and others with a more ambig-
uous meaning, as there existed some overlapping with but also differentiation from
migrant categories. To better understand the continuities and changes of migrant cat-
egories over time, the development of the initially prehispanic migrant categories
(mitma, yana) is traced separately from the more clearly Spanish ones (forastero, quin-
tero). As these categories were mostly hereditary and descent played a crucial role in
the petitions, this topic is treated extensively in the following part. The main body is
rounded off with a note on the integration of the migrants and their descendants into
the local society, the networks they developed and how they furthered the success of
the petitions, before summing up the main findings in the conclusion.
terms ayllu and parcialidad instead of pachaca became more widespread, implying an
equivalency in the term and concept of pachaca with the more widely known Andean
ayllu.
The belonging to all these social units was based on ancestry, i.e. it was hereditary.
Scholars on prehispanic and colonial Peru generally describe them as corporate kin
groups with commonly owned land, a common organization of public tasks and the
veneration of common ancestors (Topic and Topic 2015, 116–17; Guarisco 2011, 53;
Cahill 2013; 259, Glave 1996, 506–8). These units are reflected in the hierarchy of indigen-
ous authorities, which existed alongside and intertwined with the Spanish colonial ones
(Argouse 2008, 165, 172). The details of the structure of authority in the other provinces
of the corregimiento Cajamarca has been little investigated, but the division into pachacas
or ayllus and guarangas was quite similar there.
Figure 1. Localities in the corregimiento Cajamarca where the forasteros mentioned in the analyzed
documents lived. Map elaborated by Sebastian Wintner for the author.
Figure 2. Localities where the forasteros mentioned in the documents were originally from (white
circles) and destiny of out-migration from Cajamarca (black and white circle) in analyzed documents.
Map elaborated by Sebastian Wintner for the author.
488 S. ALBIEZ-WIECK
These fueros, especially those of being forastero and Inca, were referred to as being a
privilege and benefit, and were granted by an authority and ‘owned’, and also heritable.
Most of the petitioners tried to get recognized as indio forastero, but all other fiscal cat-
egories were also present, including the indio originario as the ‘normal’ tribute category
of the settled indigenous population.14
In the case of the forasteros and yanaconas or other quinteros, the fuero consisted
of being exempt from all mita services and having to pay only the reduced tribute
called quinto15 directly to the Crown’s exchequer, the Inca being exempt even
from this—at least until the revisita by Cabrera in the mid-18th century mentioned
below. Mestizos were generally exempt from mita and tribute payment (Argouse
2007, 7; Pearce 2001, 80–82).16 Given these privileges, the categories Inca, forastero,
yanacona and mestizo seemed desirable from a fiscal point of view. Those who could
make this claim tried to get recognized as Incas, while most of the other petitioners
sought to be acknowledged as forasteros. Only two petitioners wanted to leave this
category: one to get recognized as tasilla or originario,17 the other to be categorized
as mulatto.18
as mulattoes. In the census of 1803, the mixtos quinteros were categorized as paying the
same amount of tribute as the forasteros quinteros.25
Returning to the attractiveness of the forastero category, the other person who, at least
in some point in his life, tried to escape the forastero category was Juan Guaccha.26 Even
though his biological father pertained to the ayllu forastero and his baptismal certificate
emanated from the register of the forasteros he—in contrast to many other similar cases
—reinforced his claim of belonging to his mother’s ayllu, Chuquimango. And according
to the procurador de naturales, Tocastanta Guatay, who acted on behalf of Don Pedro Car-
guacancha, principal of the ‘yndios mitmas tasillas’, Guaccha at some point registered
himself voluntarily in the ‘ayllu de los tasillas’, even adopting a new surname.27 This,
however, was categorically denied by Guaccha. Unfortunately, this petition remained
without a final resolution. It broaches the question of the term tasilla. According to Espi-
noza Soriano (2006, 199), the term tasillas is the Spanish denomination for mitimaes. In
the petitions I analyzed for this article, the term tasilla appeared mostly when referring to
the competence of Astoquipan, denominating him ‘cacique y gouernador de los yndios de
las siete guarangas tasillas y forasteros de esta prouincia de Caxamarca’.28 In a census from
1803, the ‘pachaca de tasillas’ was listed separately from the ‘guaranga de mitmas’ and as
paying the same tribute as the ‘Chachapoyanos de Caxamarca’, i.e. four pesos, two reales.29
Accordingly, the term tasilla seems to refer to a group of people who did not belong to one
of the seven guarangas in Cajamarca and might have had a history of migration at some
point in time, whether overlapping with that of the mitimaes or not. It seems clear that
there is no overlapping with the colonial migrant category of the forastero. The term
itself, with the reference to the term tasa, could indicate a special tribute payment,
maybe because of a special labor draft or another kind of (prehispanic) migration. But
this has to remain mere speculation.
What is surprising in the assessment of these different categories is the importance of
the term quintero and the desirability of the payment of the quinto real instead of the
‘normal’ tribute, since according to Wightman (1990, 130) ‘direct tribute payments by
groups of forasteros were rare’—at least until the 1720s. This suggests that in this
regard the situation for forasteros in Cajamarca was indeed different from southern
Peru. In the next section, I will investigate whether this was also the case for categories
with prehispanic precursors as opposed to more clearly Spanish categories.
and del rey. The association of yanacona with forasteros makes most sense in the case of
the latter, since the commonality lay in the fact that both were directly subject to the
Crown and, at least in the Cajamarcan case, had to pay the royal quinto which led to
the denomination quintero.
Another denomination used in the sources associated with the term quintero is indio
suelto. According to Oberem (1981, 307), indios sueltos were free and unattached to
haciendas but obliged to serve the mita. However, this does only partly concur with the
usage of the term in Cajamarcan sources where quinteros seem to have been exempt
from mita service. An example of a petitioner categorized as indio suelto is Juan Gómez
Mendoza, who was recognized as quintero in 1795, paying the special tribute of the
quinto directly to the Crown. His opponents had alleged that he was a yanacona from a
certain hacienda.39 It is unclear if Gómez Mendoza was a forastero but, as mentioned, gen-
erally forasteros were labelled quinteros.
precio que pagan los yndios forasteros sin tierras del distrito de la real caja de Truxillo’.45
The Incas objected to the recent imposition of this obligation, arguing that they were
exempt ‘desde ynmemorial tiempo a esta parte’46 but seemingly failed to retain their pri-
vilege of exemption, a decision approved by the viceroy.47 And, in fact, the census of the
partido Cajamarca of 1803 listed the ‘pachaca de Incas’, which then consisted of only three
men with their families, as being assigned the same tribute rate as the other guarangas, i.e.
six pesos four reales.48 In contrast to this, ‘originarios y forasteros con casas y tierras’49
were assessed to the rate of five pesos three reales, while ‘forasteros quinteros’ were
rated at four pesos two reales.50
The intended redistribution of land to forasteros accompanying the general census
(Pearce 2001, 101–2) was echoed in a petition from 1746. In it, Don Pablo Pomayambo
from Guzmango (Cajamarca) complained that he had not been registered at all in the revi-
sita by Cabrera, neither as originario nor as yanacona. He tried to prove his status as fo-
rastero, claiming that he owned ‘ningunas tierras de por si ni de comunidad’,51 i.e. he had
no land acquired personally, nor did he have right to community land as originarios did.
He referred to a repartition of ‘tierras que por ordenanzas estan mandado’52—although it
is clear that despite these decrees, not all forasteros owned land. This suggests that decrees
regarding the redistribution of land were known locally but had not been implemented
comprehensively. Pomayambo’s case is especially interesting, because it is the only case
in which the absence of land ownership is the central strategy in the petition to prove a
forastero status: a possibility that had opened up because of the Crown’s politics regarding
land ownership and tributary status.
Henceforth, the central criterion for the amount of the tribute was no longer a person’s
status as foreigner but the possession of land and houses. However, forastero as a category
persisted until at least the beginning of the 19th century (cf. infra).
But even before this redistribution, intended to be all-encompassing, the possession of
land and houses by forasteros existed, at least since the second half of the 17th century.
One example is the case of Diego de la Cruz, grandson of a couple from Piscobamba in
Atun Conchucos. When his grandparents migrated to Otusco (Huamachuco) they
received a ‘solar y casa que les fue señalado por los principales de él porque ayudaban a
los naturales de él’.53 Another example is the case of Lucas Yupa, who, before moving
to Cajabamba (Cajamarca), had owned houses in Trujillo.54 It is unclear whether Yupa
also possessed land and/or houses in his current place of residence in Otusco, but he
was granted the forastero status, notwithstanding his having been registered as tribute
payer during some period in his life, and the continuous attempts of his opponents to
compel him to fulfill the mita. In the future, he only needed to pay the quinto.55
Another quintero was Don Santiago de las Casas, who in 1752 bought a solar in the district
of San Sebastián in Cajamarca from Manuel Avilés, who belonged to the parcialidad de
forasteros.56
fundamental point in most petitions throughout the colonial period. Two kinds of evi-
dence are put forward regarding this point: certificates of baptism and sometimes mar-
riage, and corresponding questions in the examination of witnesses. It is fascinating
how the petitioners used this evidence to put forward their claims, being successful
even in cases in which the evidence would not seem to fully support their argument,
adopting different strategies that focused on the most favorable parts of their and their
ancestor’s biographies.
The baptism (and not the birth itself) was registered in a parish book. As is to be
expected, most of the certificates in the petitions from the town of Cajamarca were
from the indigenous parish of San Antonio, with the exception of that of Fabian
Serquen, a mixto quintero, with a certificate from Santa Catalina, the parish for the Spa-
niards. However, witnesses attested that he and his brother were children of indios foras-
teros and they were officially recognized as such.57 Until at least the beginning of the 19th
century, the baptismal records occasionally register the ayllu of the baptised, as in the case
of ‘Clara de tres dias de edad, hija legítima de Antonio Quiliche y de Maria Raico (aillo
forastero quintero)’ born in 1812.58 During some periods, there seem to have existed sep-
arate books for the different categories, as the mentioning of a ‘libro de los baptismos de
los forasteros’59 and of a book of the baptisms of the ‘negros y mulatos’60 corroborates. In
other periods the different categories were seemingly listed in separate parts of the book, as
in the example of the ayllu forastero in 1693, in this case in a section about foreigners
(‘extranjeros’).61 The registration of baptism in separate (sections of) books would indicate
that it was very clear to which group an individual belonged. However, this was not always
true, especially in cases in which intermarriage between different groups took place.
In the petitions, copies of the certificates of these parish books were presented to prove
the belonging to a pachaca or ayllu of the baptised themselves or of their parents. What at
first sight seems to be straightforward evidence is nevertheless sometimes called into ques-
tion. In the case of the petition of Juan Eusebio Quevedo, allegedly of the parcialidad Inca,
Don Luis Caruarayco, ‘cacique principal y gobernador de las siete guarangas’, states that
the certificate of baptism Quevedo presented should not be taken into account because the
category of the baptized and his forefathers was incorrectly declared before the priest.62
Since I have found no further mention of such a practice, it is difficult to determine
whether or not this alleged procedure of false declaration in order to obtain privileges
tied to a certain category was a common occurrence, but it would have presented a formid-
able strategy to switch categories, since colonial authorities generally accepted the infor-
mation in the certificates as true, as happened also in the case of Quevedo, who was
admitted as Inca.
Another point present in the case of Quevedo which is closely connected to the element
of descent is the aspect of legitimacy introduced by the Spaniards.63 They considered the
offspring of a married couple as legitimate; those of unwed individuals were called ‘natural’
children, and those conceived outside a marriage, bastards. According to colonial laws
which are referenced in the petitions, only legitimate children should follow the fuero
and naturaleza of the father, the illegitimate ones that of their mother.64
But the rule of succession in the fuero, depending on the legitimacy, was not always fol-
lowed. Such was the case of Francisco Gómez, who, despite being a natural son, success-
fully demanded his father’s fuero. He tried to have his name erased from the tribute list of
the ayllu Cañari (part of the guaranga mitma), arguing that he belonged to the ayllu Inca.
COLONIAL LATIN AMERICAN REVIEW 495
The governor of the guaranga mitma argued that Francisco was subject to him since he
was the natural son of Pedro Díaz, from the ayllu Inca, and since his mother, Clara
Cissa, was a member of the ayllu Cañari he should follow her fuero. However, Francisco,
backed by the cacique of the ayllu Inca, proved through witnesses from several ayllus that
his mother Clara was the legitimate daughter of Joana Guaman Ticclla, from the ayllu
Cañari, and of Cristóbal Díaz, from the ayllu Inca. The witnesses all claimed that he
should follow the fuero of his father and grandfather, and Francisco was indeed successful
with his claim—despite the accusations of his opponents, namely the governor of the gua-
ranga mitma, that he and the cacique Inca were acting maliciously and that Gómez had
previously tried to become a member of the ayllu forastero, assigning himself a forastero
father.65 Gómez aptly used the argumentation of his witnesses to overlook the illegitimacy
in his own generation, and instead emphasize the legitimacy of his mother’s generation.
The strategy to recur to the preceding generations if the legitimacy was doubtful in the
present one was also put forward by Jorge Sarango.66 He claimed to be the legitimate son
of Don Francisco Sarango and Antonia Chuquimian, both from the ayllu forastero. He
presented the baptismal certificate of his mother Antonia, identifying her as the legitimate
daughter of Juan Bautista and Ana Petrona. Curiously, in the marriage certificate of
Antonia Chuquimian to his father, his mother’s mother was now allegedly Constanza
Chimi of the ayllu Malcaden. Sarango’s adversary, Don Juan Bautista Astoquipan, rejected
Sarango’s claim, arguing that he was born before the marriage of his parents and therefore
should follow the fuero of his mother and his brother Nicolás, who was paying tribute in
the same guaranga.67 Astoquipan added that those who pretended to benefit from the
fuero of mestizos, forasteros, Incas ‘and other mixtures’68 should not be allowed to
change their status because this was detrimental to the Crown, and their obligations
would fall on the other members of their pachaca.69 Because of alleged tribute debts,
Sarango was put in prison and Astoquipan managed to present the baptismal certificate
of Sarango in which he was denoted as ‘bastard son of Juan Michiga and Antonia Chuqui-
mian of the ayllu Malcaden’.70 Even so, Sarango, through the protector de naturales, main-
tained his claim, alluding to his ‘long-standing possession’ of being ‘forastero y yanacona
del rey’71 and having been paying the quinto. Unfortunately, the case remains without res-
olution, ending with a demand for further evidence and information about Antonia’s
status by the judge. But nevertheless it shows how the petitioners tried to present their
case from the most advantageous angle, changing strategies in the process to secure
their claim and using the evidence that helped them most.
Another case in which the legitimacy of the petitioners was in question is that of the
brothers Francisco Hernando and Joseph Lorenzo in Santiago de Chuco (Huamachuco).72
They claimed, through witnesses rather than through a baptismal certificate, that they
were the legitimate children of Pedro Alonso, forastero, and Juana Pisanpanyac (or Aguas-
pintas). Pedro Alonso was, for his part, the son of Pedro Juan, originally from Chacha-
poyas, and of Juana Ysauel of the guaranga Guacapongo, i.e. an originaria. After the
death of Pedro Juan (in Otusco), Juana Ysauel remarried, thereby becoming the wife of
Alonso Chucumango (or Pillaumango) from the town of Usquil in the same encomienda.
As Hernando and his brother were still small, they did not know that Chucumango (or
Pillaumango) was not their biological grandfather, and that therefore they were rightfully
forasteros and had for three decades been incorrectly paying tribute like originarios and
assigned to the pachaca de Guaso in the guaranga Guacapongo.73 According to the
496 S. ALBIEZ-WIECK
document, the revisita of 1644 also listed Pedro Alonso as the son of Alonso Chucumango,
not recognizing his forastero status, and according to the defensor de indios of the revisita,
the principales from Santiago de Chuco could not say anything about his origins. But
despite this contrary evidence, the judge of the current revisita recognized the testimonies
of the witnesses presented by the petitioners, and they and their descendants were declared
forasteros. The decision seems surprising, insofar as the judge gave the testimonies of the
petitioners more credit than those of a defensor de naturales and an entry in a past revisita.
As ascendency was a crucial aspect in many petitions, it might be expected that in cases
in which the descent from a certain person was doubtful, the physical aspect could be used
to infer his or her blood relationship and the belonging to a certain category. But the
change to or rather recognition of a certain fuero, naturaleza or calidad74 was rarely
related to the physical aspect of the petitioner; at most this occurred only if the status
of mestizo or mulatto was involved. Such is the abovementioned case of Andrés Fernández
Pizarro, who claimed to be a mulatto but was contradicted by Juan Bautista Astoquipan,
cacique and governor, who argued that he was visibly indigenous, stating ‘que por su
aspecto el d[ic]ho indio se rreconozca ser lexitimamente yndio’.75 In that case, the peti-
tions resemble the gracias al sacar studied by Twinam (2009) and Fuentes Barragán
(2015). Perhaps the most important difference compared with the gracias al sacar is
that the petitioners in Cajamarca argued that they had the right to a certain fuero by
birth, while the petitioners of the gracias al sacar wanted to adapt their position acquired
by birth to that acquired later in life and erase the stains of illegitimacy and African descent
(Fuentes Barragán 2015, 67). But like the petitioners in the gracias al sacar, the Cajamar-
can petitioners emphasized only those aspects of their ascendancy that favored them most,
employing the available evidence strategically. And in doing that, they were highly
successful.
who claimed to belong to the ayllu forastero and presented witnesses from the pachacas
Parana and Uchuc.76 Often, but not always, the witnesses were literate, and from time
to time they formed part of the local authority and nobility. By presenting these kinds
of witnesses, the petitioners strengthened their claim decisively and took an important
step towards the success of their petition, proving to be well-connected members of the
local society.
Wightman (1990, 88) mentions three mechanisms of inclusion of forasteros in the
receiving communities: ‘marriage into existing ayllus, submission to local kurakas, or
the development of an ayllu forastero’. The existence of the last mechanism, aptly called
‘kin-group of strangers’ by Wightman (1990, 89), has been amply demonstrated by the
petitions presented above. Both marriage and the creation of the ayllu forastero prove
the integration of the migrants into the local society. Generally, the migrants were men,
married to local woman. Only in two cases were both (grand)parents forasteros,77 and
in only one other the mother was a forastera.78 As can be seen in nearly all of the presented
cases, especially those in which the legitimacy of the petitioner was doubtful, belonging to
the ayllu, pachaca or guaranga of the mother was always a point under discussion.
In contrast to this, there exists one case in which belonging is vindicated not through
descent, but through the link to the spouse: Lorenzo Condor, ‘indio de la pachaca de qui-
chuas’,79 was married to Juana Miranda, mestiza. And since men married to mestizo
women were exempt from the mita and heavy personal services in order not to leave
their wives alone, as decreed by an ‘ordenanza del señor virrey Don Francisco de
Toledo’,80 Condor claimed this privilege. As evidence, Condor presented the copy of his
marriage certificate as well as several witnesses who also offered the information that
Condor was originally from Lucma and that his wife was currently in the town of
Gorongo. Even though Condor was apparently native from another province, he did
not belong to the ayllu forastero, nor did he claim to—probably because the mestizo
status was much more attractive. It seems that Condor’s petition was crowned with
success, as were most others.
However, even if the petitioners obtained or were confirmed in the desired status, their
opponents did not always respect the judge’s decision, as the case of Pablo Peres shows. He
was acknowledged as mixto quintero, a decision pronounced publicly. However, in the fol-
lowing years, first his wife and later he himself were repeatedly forced to serve mita in the
Hacienda Guacraruco. He complained bitterly about the disregard of the repeated resol-
utions. The tenant of the Hacienda excused himself, pointing to the low number of
‘indios de taza entera’ available in the jurisdiction, an argument at least partly acknowl-
edged by the subdelegado. However, we have no information about whether Peres’s
fuero was respected in the future.81
Conclusion
On account of the Spanish conquest, the forasteros arose as a new and important category.
Nevertheless, more generally the categorization of different kinds of migrants and their
descendants with an according colonial regulation was nothing new in northern Peru:
since prehispanic times, migrants had become integrated into the local structure of cor-
porate social units based on descent. Some of them, the mitimaes and yanacona, continued
in an adapted manner under Spanish rule and underwent significant changes throughout
498 S. ALBIEZ-WIECK
the colonial period. The category of the yanacona became closely associated with the fo-
rasteros. Like the successors of the prehispanic migrant units, the forasteros formed a new
ayllu/pachaca and inserted themselves into the social structure through marriage and the
creation of networks which they could activate on their behalf in order to defend or
improve their privileged fiscal status. In the local power play, more often than not they
were successful in evading local caciques who wanted to keep them under the originario
category. Some managed to acquire land, which was fomented more widely by the colonial
administration in the 18th century with the intention of abolishing the category. However,
forasteros with and without land persisted until at least the beginning of the 19th century,
even if those with land were equal in terms of duties to the originarios. In this regard, this
‘kin-group of strangers’ (Wightman 1990, 89) experienced a similar fate to that of the des-
cendants of the prehispanic foreign nobles, the Incas. They, as well as mestizos and mulat-
toes, had an even more desirable fuero and naturaleza due to their being closer to the
Spaniards. It is important to bear in mind that although the categorization of the peti-
tioners presented in this article resulted from migration, the actual movement in space
was not always carried out by them, but rather by some of their ancestors and thus
some of the petitioners could, strictly speaking, also be labelled as sedentary.
Notes
1. Forastero literally means outsider or stranger.
2. The corregimiento Cajamarca was created in 1565. It was constituted of the provinces Cajamarca,
Huambos in the north, and Huamachuco to the south. The corregidor resided in Cajamarca, and
a teniente de corregidor in Huambos and Huamachuco, respectively. In 1759 Huamachuco was
separated from Cajamarca and constituted as a corregimiento of its own. In 1784 the system of
corregimientos came to an end and the intendencias were created. The provinces of Huambos and
Cajamarca became partidos in the intendencia Trujillo (Gaitán Pajares et al. 2002, 9, 24).
3. Some frequently cited examples are Cope 1994, O’Toole 2005, Stolcke 2008, and Böttcher,
Hausberger and Hering Torres 2011, but a number of other authors have worked on
similar topics.
4. For a migration of indios towards territories outside the Indies, especially to Spain, see van
Deusen 2015.
5. The term peticiones de cambio de fuero does not appear as such in the sources. In denomi-
nating these documents peticiones de cambio de fuero I follow Argouse (2007), who studied
some petitions of Cajamarcan mestizos in the 17th century. Similar petitions from Quito
have been studied by Caillavet and Minchom (1992). However, they call them ‘declarations
of mestizos’. The more-or-less unified aim and structure of these documents permits a group-
ing under this common term. It seems that they existed in several parts of the Viceroyalty, as
an example from Jauja shows (AGNP, Superior Gobierno, Go-Bi 2, Leg 79, Cuad. 397, 1796).
6. Fuero is difficult to translate into English because of its manifold meanings. It may refer to a
custom, a code, a grant of privileges, a code of laws, or a jurisdiction—and mostly rather a
mixture of all these elements. In the context of the documents analyzed here, its prime
meaning refers to a fiscal category associated with certain privileges.
7. This long confrontation about the status of the city and its Spanish inhabitants is described in
detail by Argouse (2016).
8. If these units were indeed pre-Inca, they must have had a non-Quechua name, e.g. in the local
culle language. However, such a denomination is unknown.
COLONIAL LATIN AMERICAN REVIEW 499
9. Most petitions are located in the Archivo Regional Cajamarca (formerly Archivo Departa-
mental de Cajamarca) in the Ramo Corregimiento, Serie Causas Ordinarias, mainly in the
Subserie Tributo and Serie Protector de Naturales, Subserie Tributo and the later ones in
the Ramo Intendencia, Serie Tributos. As only a very small part of the archive is catalogued
(Gaitán Pajares et.al. 2002) and only a part of the uncatalogued series have been revised, it is
quite possible that more petitions are to be discovered. The earliest known example is sub-
mitted by a mestizo (ARC, Corregimiento, Causas Ordinarias, Tributos, Leg. 01, Exp. 36,
1604). I also found a few petitions in the Archivo General de la Nación in Lima and, very
recently, in the Archivo Regional de la Libertad, Trujillo.
10. ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 1, Exp. 30, 1665 and ARC, Inten-
dencia, Tributos, Leg. 01, Exp. 19, 1799.
11. The visita was an administrative instrument similar to a census conducted by colonial offi-
cials. One of its primary goals was the assessment of the tributary population. Theoretically,
every five years a revisita should take place to account for changes in the population and to
elaborate a new tribute list, a retasa.
12. It is difficult to know where Cajamarcans for their part migrated to. The 1613 census of indi-
genous people in Lima shows a considerable number of Cajamarcans residing there (Cook
and Escobar Gamboa 1968).
13. For the former see, for example, ARC, Corregimiento, Ordinarios, Tributos, Leg. 02, Exp. 24,
1680; for an entire ayllu, see ARC, Corregimiento, Causas Ordinarias, Tributos, Leg. 03,
Exp. 23, 1738; and for the latter group, see ARC, Intendencia, Tributos, Leg. 1, Exp. 7, 1789.
14. The basis of the indigenous tribute was supposed to be the commonly owned land of the
ayllu. All indios originarios had access to that land, and the tribute was collected by the
cacique and his mandones and passed on the whole to the Spanish authorities. Forasteros,
as well as mestizos and mulattoes, did not have access to that land and therefore did not
have to pay (the entire amount of) tribute. Individual ownership of land was initially some-
thing only possible for Spaniards and indigenous nobles.
15. This was not the same as the quinto which had to be paid to the Crown as a percentage of the
metal extracted in the Indies. From the word quinto the term quintero was derived. Oberem
(1981, 307) reports for the Audiencia de Quito that the documents, instead of talking about
mitayos, i.e. indigenous people serving the rotative labor obligation of the mita, employed the
term indios quintos, due to being called to the mita every fifth year. In Peru and Alto Perú/
Charcas, only a seventh part of the indigenous population was exercising the mita at a time.
As forasteros did not have to serve mita, it seems improbable that the term from Quito was
related to the one used in Cajamarca.
16. This exemption of mestizos is patent in a petition by the mestizo Diego de Villacorta. He was
the son of an indigenous woman and a Spaniard and was recognized in 1604 as a Spaniard—
rather than as a mestizo (ARC, Corregimiento, Causas Ordinarias, Tributos, Leg. 01, Exp. 36,
1604). This case confirms the abovementioned assertion by Argouse regarding the fact that a
fuero mestizo did not exist yet at the beginning of the 17th century and that people of mixed
European-Indigenous ancestry were categorized as either Spaniards or indios.
17. ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 01, Exp. 43, 1671–1672. This is
the case of Juan Guaccha, presented in the subsequent section.
18. ARC, Corregimiento, Causas Ordinarias, Leg. 83, Cat. 1713.
19. Hünefeldt (2010, 275) also refers to cases in which indio was the more desired category, to
escape from being a negro. See also Restall 2005.
20. ARC, Intendencia, Tributos, Leg. 01, Exp. 12, 1791–1810, f. 3v.
21. Ibid., f. 11r.
22. This is shown by a petition by Domingo de Artiaga from the town of Cajamarca. He tried,
probably successfully, to be recognized as a free mestizo after having incorrectly been regis-
tered as mixto quintero during a visit to Celendín (ARC, Causas Ordinarias, Leg. 133, Cat.
2017, 1749, f. 1r).
23. ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 01, Exp. 45, 1674–1680, f. 1r.
24. ARC, Intendencia, Tributos, Leg. 1, Exp. 7, 1789.
500 S. ALBIEZ-WIECK
Causas Ordinarias, Tributo, Leg. 03, Exp. 05, 1730–1731). The document refers to the last
retasa of Huamachuco from 1694, which allegedly registered 1,929 originarios, 533 quinteros
‘que es lo mismo que yanaconas’ and 675 forasteros, 266 being originally from Conchucos.
The originarios should pay ‘quatro pesos seis rreales y tres quatrillos de a ocho en platta al
año’, and the quinteros and forasteros ‘quatro pesos de a ocho cada uno al año’ (ARC, Cor-
regimiento, Causas Ordinarias, Tributo, Leg. 03, Exp. 05, 1730–1731, ff. 20v–21r). Similar
documents by Cabrera referring to problems during his revisita are (ARC, Corregimiento,
Causas Ordinarias, Tributo, Leg. 03, Exp. 08, 1731–1732) and (ARC, Corregimiento,
Causas Ordinarias, Tributos, Leg. 03, Exp. 06, 1731–1733).
43. The Inca were allegedly comprised under the category of the forasteros but enumerated in a
separate booklet.
44. ARC, Corregimiento, Causas Ordinarias, Tributos, Leg. 03, Exp. 23, 1738, f. 2r.
45. Ibid., f. 3r.
46. Ibid. 2r.
47. Ibid. f. 2v.
48. ARC, Intendencia,Tributos, Leg. 1, Exp. 31, 1803, f. 24v.
49. Ibidem.
50. Ibid., f. 33r. The exact tribute rates, especially of the originarios, vary slightly according to the
town, but the general variation among the different categories is comparable.
51. ARC, Corregimiento, Causas Ordinarias, Leg. 130, Cat. 2963, 1746, f. 4r.
52. Ibid., f. 2v.
53. ARC Corregimiento, Causas ordinarias, Tributos, Leg. 2, Exp. 23, 1672–1680, f. 9r. Unfortu-
nately, the petition contains no resolution so we do not know if Diego de la Cruz was recog-
nized as forastero, but the course of the lawsuit suggests this possibility.
54. Yupa underlines the fact that back in Trujillo, he had been an alcabalero, paying the sales tax
called alcabala. During most of the colonial period, tribute-paying ‘indios’ and products pro-
duced by them were supposed to be exempt from the alcabala but they had to pay alcabala if
they were trading with imported goods (Anna 2003, 88, 155).
55. ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 01, Exp. 18, 1676.
56. ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 02, Exp. 23, 1752, f. 1r.
57. ARC, Intendencia, Tributos, Leg. 01, Exp. 19, 1799.
58. Index based upon data collected by the Genealogical Society of Utah, Salt Lake City 1668–
1841, 357, photo 908. See Perú, registros parroquiales y diocesanos, 1603–1992: Cajamarca
> Cajamarca > Santa Catalina > Bautismos 1668–1841. Database with images. FamilySearch:
https://familysearch.org/ark:/61903/3:1:33S7-9P3P-9NRD?cc=1877097. Accessed 22 Febru-
ary 2016.
59. ARC, Corregimiento, Causas Ordinarias, Tributos, Leg. 02, Exp. 25, 1680, f. 6r. See also ARC,
Corregimiento, Causas Ordinarias, Leg. 72, Cat. 1149, f. 2r.
60. ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 01, Exp. 43, 1671–1672, f. 1r.
61. ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 01, Exp. 54, 1693–1695, f. 3r.
62. ARC 1711–1719, f. 5r/v.
63. In prehispanic times, there existed polygamy among the nobles, with the sons of the principal
wife succeeding the father as cacique. The abolition of polygamy among the lords and thereby
the delegitimization of some of their descendants with the imposition of Spanish rule led to
several conflicts and lawsuits, since from then on only the offspring of Christian monog-
amous marriage was considered legitimate. Some specific cases in which the descendants
of prehispanic secondary wives claimed their birthright have been studied by Espinoza
Soriano (1986a). Julien (2010, 46) mentions that descent in the Tahuantinsuyo is commonly
held to be patrilineal, but that also some indicators for bilateral descent have been found.
64. ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 01, Exp. 54, 1693–1695, f. 8r;
ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 01, Exp. 43, 1671–1672; ARC,
Corregimiento, Causas Ordinarias, Tributos, Leg. 02, Exp. 25, 1680.
65. ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 01, Exp. 30, 1665.
66. ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 01, Exp. 54, 1693–1695.
502 S. ALBIEZ-WIECK
Acknowledgements
I am grateful to the staff of the Archivo Regional de Cajamarca for their support, as well as to my
colleagues from the Universities of Cologne and Bonn, especially Kerstin Nowack, Karoline Noack,
Barbara Potthast and Tobias Schwarz for their comments on the developing project, and last but
not least to Aude Argouse for bringing to my attention the existence of the petitions and also
for commenting on a previous version of the manuscript. Part of this work was supported by
the University of Cologne Forum: Ethnicity as a Political Resource – Perspectives from Africa,
Latin America, Asia, and Europe and by the Re-Entry Grant of the University of Cologne as well
as by the Deutsche Forschungsgemeinschaft (grant 1943/1-1) = Cologne, as well as by the Deutsche
Forschungsgemeinschaft (grant 1943/1-1).
Biographical note
Sarah Albiez-Wieck studied Latin American Studies in Cologne, Lisbon and Mexico City.
She holds a PhD. in Anthropology of the Americas from the University of Bonn. From
COLONIAL LATIN AMERICAN REVIEW 503
2010 to 2013 she was the Managing Director of the Research Network for Latin America
Ethnicity, Citizenship, Belonging. Since 2014 she has been Senior Researcher at the Depart-
ment for Iberian and Latin American History at the University of Cologne. She is also
principal investigator at the Global South Studies Center. Her research interests include
colonial and precolonial Mexico and Peru and questions of migration, belonging and
colonialism.
ORCID
Sarah Albiez-Wieck http://orcid.org/0000-0002-0865-2025
Works cited
Manuscript Sources
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Juan Gómez Mendoza, indio tributario de Chota, sobre se le exluya del servicio de Yanacona de la
estancia de Quilcate (05.10.1795). AGNP, Superior Gobierno, Go-Bi 1, Leg. 45, Cuad. 600. 9 ff.
Melchor Camargo y Tupac Yupanqui, natural de San Gerónimo de Tunán, Jauja, solicita su
excención del pago de tributos y servicios personales por ser descendiente de la nobleza
incaica por línea materna y mestizo por la paterna (10.01.1796). AGNP, Superior Gobierno,
Go-Bi 2, Leg 79, Cuad. 397. 11 ff.
Domingo de Artiaga, vecino de Cajamarca, solicitando ser considerado como mestizo y no como
mixto quintero, por ser hijo de los mestizos de Miguel Arteaga y Manuela Fernández de
Cabrera (11.02.1749). ARC, Causas Ordinarias, Leg. 133, Cat. 2017. 5 ff.
El protector de naturales del corregimiento de Cajamarca, en nombre de Manuel Avilés de la par-
cialidad de los forasteros, solicitando licencia para vender una casa que está en el barrio San
Sebastián y que le dejó su padre Pascual Avilés para poder cancelar su deuda a los Reales
Tributos (26.05.1752). ARC, Corregimiento, Protector de Naturales, Tributos, Leg. 02,
Exp. 23. 3 ff.
Autos seguidos por el protector de naturales, Joseph Martinez del Castillo, en nombre de Dn.
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Leg. 02, Exp 24. 9 ff.
Los indios mixtos quinteros tributarios de la clase de los Chachapoyas residentes en el azufre com-
prension de San Marcos litigando con don Bernardo Paredes y el teniente coronel Don Gonsales,
dueño de dichas tierras, por haberles matriculado en ella y cargarles en el tributo de taza entera
(06.02.1789). ARC, Intendencia, Tributos, Leg. 1, Exp. 7. 6 ff.
Razón general de los habitantes del partido de Zelendín y sus estancias (1790). ARC, Intendencia,
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El protector de naturales, Benito Arbildo, en nombre del indio quintero Pablo Peres, natural del
pueblo de Jesús, litigando con el cobrador de tributos D. Marcos Fernandez, por ser improce-
dente que labore como mitayo en la Hda Pasul (27.10.1791–06.02.1810). ARC, Intendencia,
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El protector de naturales Fernando Chuguitas en nombre de Fabián Serquén y Sebastian Quiroz
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en su hacienda sin estar matriculados (22.01.1799). ARC, Intendencia, Tributos, Leg. 01, Exp. 19.
4 ff.
Padrón de tributarios del partido de Cajamarca, actualizada por el subdelegado juez real don
Joaquín Miguel de Arnaco y el apoderador Fiscal don Bernardo Borié (1803). ARC,
Intendencia,Tributos, Leg. 1, Exp. 31. 87 ff.
El maestro de campo Damián de Cabrera, presentando la memoria de los indios tributarios y quin-
teros que sirven en varias haciendas de Guamachuco y Cajabamba y que estan debiendo a la Real
Caja del tercio de San Juan y Navidad de 1727 a 1730 (07.01.1731–31.01.1733). ARC,
Corregimiento, Causas Ordinarias, Tributos, Leg. 03, Exp. 06. 27 ff. y 70 recibos.
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