III. Análisis del artículo 151, fracción VII dentro del marco del artículo VII y sus
2. Análisis del artículo 151 de la Ley Aduanera
Certain groups had far greater dependence upon the Inca state than
mitmaqkuna at European contact. The Cusco elite, members of royal lineages, had no m i t 'a labour obligations [Espinoza 19771. People dependent on the state or
Inca private estates for provision of subsistence included groups of yanacona (personal servants), acllacona (chosen women), some artesans and special guards, although armies were mostly under m i t 'a obligations C Murr a 1978:215, 1986:54; Oberem and Hartmann 1979:376-3771.
In a carefully ordered reply to the 1549 Spanish enquiry about Chupaychu labour obligations to the Inca, Indians for military service in Chachapoya and Quito were listed amidst groups of m i t 'a-exempt servants, the yana of Guayna Capac, yana to guard the body of Tupa Inca Yupanqui (deceased), yana to guard Tupa's weapons, and indians to guard the body of Huayna Capac after his death [Murra 1982:2411.
The term yanacona, used to designate labour assignees in early Huanuco and Canta visitas, is always related to services to be rendered a dead or live Inca ruler, and almost certainly implied relief from general m i t 'a obligations [Murra 1978:242,245; 19821. Many remained free, of taxation after the Spanish conquest. Toledo extended the exaction of tribute in the 1570's and this affected 429 yanaconas and vacant Indians from Yucay, as well as 1404 yanaconas and 1494 other Cusco people who were previously exempted [Toledo 1975:210-2121. The
Chupaychu yanacona were among the smaller groups listed in 1549, comprising 330 out of 4108 tributary units, in two groups of 150 persons, one of 20 and one of 10, and only twenty yanacona were required according to the Canta document [op.cit.; Julien 1982:138]. These low figures may reflect the
permanency of yanacona placements in contrast to the transient and recurrent nature of large m i t 'a assignments.
Claims were made in 1552, by persons alleging the status of legitimate grandchildren of Tupa Inca, for small groups of between 2 and 30 yanacona
attached to lands in the Cusco, Urubamba, Paucartambo and Anta Valleys, giving a total of 240 persons in 19 named places [Rostworowski 1962:1541. The term grandchild could represent descent from a common huaca (sacred site), or a common lineage, rather than a precise degree of removal from an actual ancestor [Zuidema 1964:73, 1621. The claimants stated later that they were descendants of both Tupa Inca and his son, Huayna Capac, in a possible concession to the need to establish linear male succession in Spanish land law [Rostworowski 1962:1591. Unfortunately, the term yanacona was used in Colonial times to generically describe tribute-free servants and came to incorporate many people dislocated from their communities [Murra 1978:240-241,247; Glave and Remy 1983:7-91. The identification of Inca institutions and their reflections in early Colonial documents is as dependent upon contextual factors as it is on the terminology used.
Yanacona were not intrinsically of low status. Rowe found that the 16th Century usage of criado, to translate the designation, connotated the meaning son or disciple as well as servant in late medieval Spanish [1982:98-1011. Agricultural yanacona of Atawallpa in Quito are reported to have included his
relatives and local leaders [Salomon 1986a: 171]. There is nevertheless a striking difference between the large ayllu groups named yanacona in
administrative surveys following the Toledan extension of tax burdens in the 1570's, and the small groups of yanacona with specialized service functions which appear in lists derived from prehispanic labour-assignment records and in land litigation.
According to less specific sources, Inca yanacona were granted to Cusco and provincial shrines, such as 500 placed with 200 aclla in service of lands of the Cusco sun temple, 2000 granted by Tupa Inca to a Titicaca Island
pilgrimage centre, several hundred granted to the Pachacamac temple on the coast and 50 granted to Pariacaca, divinity of Huarochiri CMurra 1978:239-240, 254]. They were also the major source of labour on the lands of Inca rulers, both living, and deceased, as represented by their lineages <panaqas or royal ayllus) and the cult of their mummified corpse CCieza (ca.1550) 1985:52;
Rostworowski 1988:224-226]. Documentary sources indicate that yanacona status could be inherited. In an interesting case, cited by Rowe [1982:100], service was firstly given by a yanacona to a brother of Tupa Inca, and then by the yanacona and his son to Huayna Capac.
Kitmaq and yana designations were not mutually exclusive and the distinction is particularly difficult to make in usages of the terms in
documents on the Yucay Valley. Viceroy Toledo had advised the Lima Audiencia, to help them adjudge a property claim by Doha Beatriz, a descendant of Huayna Capac, saying that the Yucay Valley was a retreat of Huayna Capac and that both its naturales (natives) and mitmaqkuna were yanaconas of the Inca, for the benefit of his fields and other tasks [Villanueva 1970a:94]. Wachtel [1982:219-
2213 concludes that mitmaqkuna translated to the Cusco region often worked on private rather than state lands as was usual in the provinces, and were thus yanacona under ties of personal dependence. The fact that mitmaq placed on lands for state purposes in Cochabamba and Abancay left for home after Spanish conquest, or became the object of disputed rights between their homeland chiefs and Spanish encomenderos in their place of resettlement, suggests that some retained ties with their ancestral lands, and contrasts with those in the Yucay Valley who mostly remained in place [Wachtel 1982:200-201, 220-221; Espinoza 1973:251-2523.
Acclacuna, mamaconas or Intiwarmi (chosen women or women of the sun) included daughters of the elite, their brothers and sisters in Cusco and the provinces. They were renowned for production of cloth and maize beer for
soldiers and labourers on lands of the Inca and sun [Cieza (ca.1550) 1985:80-81; Santillan (1563) 1968:396; Pizarro (1571) 1978:94-953. Some mamaconas became wives of provincial chiefs and relatives of the Inca ruler, military leaders, yanacona of the sun, or secondary wives of the ruler [Polo 1917:83; Zuidema 1964:224-225; Murra 1978:244-245; Rostworowski 1988:2273. Their subsistence was provided from the stores of various state institutions which they served [Santillan 1968:396; Pizarro 1978:94-95; Garcilaso Bk.4, Ch. iv, 1960:13, 183. At European contact, accla of the sun in Cusco occupied the Atunkancha compound near residences of sun cult officials [Estete (1535) 1938:390-391; Pizarro 1978:92-943 and may have numbered several thousand in the city [fturra
1978:2443, Seme, like yanaconas, served the cult of a deceased ruler [Pizarro 1978:943 and their hierarchical grouping appears to have resembled that used in documentary references to yanaconas [Zuidema 1964:2253.