Caciques and Advocates: Legal Discourses on “Pre-Columbian Laws” in the Audiencia of Lima, 1552–74

This paper examines and discusses the narratives on the Pre-Columbian laws in the trials before the Audiencia of Lima. Since 1552 a visible group of caciques and their legal representatives (procurators and advocates) initiated disputes to demand the respect for their rights over lands. The scenario of these legal battles was the judicial sphere (Audiencia and corregimiento). The main cacical argument was that their rights (use of resources, land tenure, labor force, and possession) came from the ‘time immemorial.’ With this legal term they meant the Inca period (and even earlier). In medieval Castile, Castilian jurists had developed the thesis of ‘natural lords,’ Andean caciques appropriated this concept to claim their position as legitimate Andean rulers. In the 1560s, colonial authorities started new inquiries to know the Pre-Columbian tributary system. This circumstance opened up significant room for debate and discussion over Andean customary laws. Likewise, Francisco Falcón was the most prominent advocate of caciques during that decade; he assumed several cases and was the spokesman of Andean lords during the Second Council of Lima in 1567. His role was central in the cacical defense nevertheless these Andean chieftains were influential in the production of the narratives presented by Falcón before the Limeño high court.

 This paper argues that the Audiencia was the main scenario for the early colonial discussions on customary law, and also maintains that advocates and caciques were central authors in the Andean legal narratives. This study explores the early years of the Spanish presence, a period in which the legal defense of the ‘Republic of the Indians’ was in hands of facilitators in a system of ‘private representation.’ The paper examines land and tributary disputes.