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date: 10 December 2017

Summary and Keywords

Spanish legal organization required that political communities be represented by a concejo or cabildo, which used customary law to determine and enforce the common good. In the Spanish colonial world, this entailed vesting indigenous communities with jurisdiction and political representation, parallel to that of the municipal cabildo, which represented the common good of most Spanish citizens. Nevertheless, the supposed common good of indigenous and Spanish jurisdictions often intersected or contested one another. In these cases, agents of the Spanish Crown might intervene, or the parties might negotiate new relations. Because Andean cabildos were entreated not to keep minutes of their deliberations or actions, historians have had difficulty in recognizing the role of indigenous authorities in self-governance, and given more credence to the acts of Spanish cabildos and the Crown. But Indian cabildos and caciques took meaningful decisions within their communities, as demonstrated by moments where they came into conflict with Spanish authorities, and as inferred from a small number of documents available for the similar Mexican case.

Keywords: pueblos de indios, Indian cabildo, Lima, cacique, customary law, water rights, jurisdiction

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