The Calpulli and Its Lands

La tercera manera de Señores se llamaban y llaman calpullec ó chinancallec en plural, y quiere decir, cabezas ó parientes mayores que vienen de muy antiguo; porque calpulli ó chinancalli, que es todo uno, quiere decir barrio de gente conocida ó linaje antiguo, que tiene de muy antiguo sus tierras y términos conocidos, que son de aquella cepa, barrio ó linaje, y las tales tierras llaman calpulli, que quiere decir tierras de aquel barrio ó linaje.

The third manner of Lords were called and are called calpullec or chinancallec in the plural, and it means heads or elder kinsmen who come from very ancient [times]; because calpulli or chinancalli, which is all one, means neighborhood of known people or ancient lineage, which has from very ancient [times] its lands and known boundaries, which are of that stock, neighborhood or lineage, and such lands they call calpulli, which means lands of that neighborhood or lineage.

The third kind of lords were called, and still are, calpullec or chinancallec, in the plural.1 The word means heads, or elders of families that go back to very ancient times. For calpulli or chinancalli, which mean the same, is a neighborhood of known people, or an old lineage, that has held its lands and known boundaries since very ancient times. The lands belong to that stock, neighborhood, or lineage, and such lands are also called calpulli, which means the lands of that neighborhood or lineage.

1. Zorita's spelling of Nahuatl words. As he explains below, he uses calpulli as the singular and calpullec as the plural.

Estos capullec ó linajes ó barrios son muchos en cada provincia, y tambien tenían estas cabezas ó calpulli los que se daban á los segundos Señores, como se ha dicho, de por vida. Las tierras que poseen fueron repartimientos de cuando vinieron á la tierra y tomó cada linaje ó cuadrilla sus pedazos ó suertes y términos señalados para ellos y para sus descendientes, é ansí hasta hoy los han poseido, é tienen nombre de calpullec; y estas tierras no son en particular de cada uno del barrio, sino en común del calpulli, y el que las posee no las puede enajenar, sino que goce de ellas por su vida, y las puede dejar á sus hijos y herederos.

These capullec or lineages or neighborhoods are many in each province, and also had these heads or calpulli those who were given to the second Lords, as has been said, for life [?]. The lands they possess were allotments from when they came to the land, and each lineage or band took its pieces or lots and boundaries marked for them and for their descendants, and so until today they have possessed them, and they have the name of calpullec; and these lands are not in particular of each one of the neighborhood, but in common of the calpulli, and he who possesses them cannot alienate them, but [only] that he enjoy them for his life, and he can leave them to his sons and heirs.

There are many of these calpullec, lineages or neighborhoods, in every province. The lords of the second kind, who were given their rank for life, as I have said, also had such heads or calpulli under them.2 The lands these people hold were shared out when they first came into the land. Each lineage or band took its pieces of land, or lots, with boundaries marked out for themselves and their descendants. They have held them in this way down to today, and they are called calpullec. These lands do not belong to each person in the neighborhood separately, but to the calpulli in common. Whoever holds them cannot sell or give them away. He has the use of them for his lifetime and can leave them to his sons and heirs.

2. This sentence is unclear in the Spanish. It may instead mean that some calpulli were granted to the lords of the second kind for their lifetimes.

Calpulli es singular é calpullec es plural. De estos calpullec ó barrios ó linajes, unos son mayores que otros, y unos tienen más tierras que otros, segun los antiguos conquistadores y pobladores las repartieron entre sí á cada linaje, y son para sí y para sus descendientes; y si alguna casa se acaba, ó acaba muriendo todos, quedan las tierras al común del calpulli, y aquel Señor ó pariente mayor las da á quien las ha menester del mismo barrio, como se dirá adelante.

Calpulli is singular and calpullec is plural. Of these calpullec or neighborhoods or lineages, some are greater than others, and some have more lands than others, according as the ancient conquerors and settlers divided them among themselves to each lineage, and they are for themselves and for their descendants; and if some house comes to an end, or ends with all dying, the lands remain to the common of the calpulli, and that Lord or elder kinsman gives them to whoever needs them of the same neighborhood, as will be said further on.

Calpulli is singular and calpullec is plural. Of these calpullec, neighborhoods or lineages, some are larger than others and have more land. That depends on how the [Native] conquerors and settlers of old divided the land among themselves, lineage by lineage. The lands are for them and for their descendants. If a household dies out, or all its members die, the lands go back to the calpulli in common. Then that lord, the elder, gives them to whoever in the same neighborhood needs them, as I will explain below.

Por manera que nunca jamás se daban ni dan las tierras á quien no sea natural del calpulli ó barrio, que es como los israelitas que no podían ni era lícito enajenar las tierras ó posesiones de un tribu en otro;

So that never ever were the lands given, nor are they given, to anyone who is not native of the calpulli or neighborhood, which is like the Israelites, who could not, nor was it lawful, alienate the lands or possessions from one tribe to another;

So the lands were never given, and still are not, to anyone who is not a native of the calpulli or neighborhood. It is like the Israelites, who were not allowed to pass the lands or holdings of one tribe to another.3

3. In the Bible, Numbers 36 forbids an inheritance to pass from one tribe of Israel to another. Zorita goes on to repeat the belief of some that the peoples of the Indies descended from the Israelites.

Podíanse dar estas tierras á los de otro barrio ó calpulli á renta, y era para las necesidades públicas y comunes del calpulli. A esta causa se permitían arrendarlas, y no en otra manera; porque si es posible, por una vía ni por otra no se permitía ni permite que los de un calpulli labren las tierras de otro calpulli, por no dar lugar á que se mezclen unos con otros ni salgan del linaje.

These lands could be given to those of another neighborhood or calpulli for rent, and it was for the public and common needs of the calpulli. For this cause they were permitted to rent them, and not in another manner; because, if it is possible, by one way nor by another it was not permitted nor is it permitted that those of one calpulli farm the lands of another calpulli, so as not to give place that they mix one with another nor leave the lineage.

These lands could be rented to people of another neighborhood or calpulli, and the rent went to the public and common needs of the calpulli. That was the only reason renting was allowed. Otherwise, as far as possible, people of one calpulli were not allowed by any means, and still are not, to farm the lands of another. This was so that they would not mix with one another or leave their lineage.

La causa porque querían estas tierras á renta, y no tomarlas en su calpulli de gracia, era porque se las daban labradas, y la renta era poca, ó parte de la cosecha, según se concertaban; ó porque acontecía que eran mejores que las que tenían ó les daban en su calpulli, ó por no haberlas para dárselas, ó porque querían y podían labrar las unas y las otras.

The cause why they wanted these lands for rent, and not to take them in their calpulli by grace, was because they gave them to them plowed, and the rent was little, or part of the harvest, according as they agreed; or because it happened that they were better than those they had or were given in their calpulli, or for there not being any to give them, or because they wanted and were able to farm the ones and the others.

People wanted these rented lands, rather than taking land in their own calpulli for nothing, for several reasons. The rented land was handed over already plowed, and the rent was small, or a share of the harvest, as they agreed. Or it happened to be better than what they had or were given in their own calpulli. Or there was none there to give them. Or they wanted to farm both kinds and were able to.

Si acaso algún vecino de un calpulli ó barrio se iba á vivir á otro, perdía las tierras que le estaban señaladas para que las labrase; porque esta era y es costumbre antiquísima entre ellos, y jamás se quebrantaba ni había en ello contradicción alguna, y quedaban é quedan al común del calpulli cuyas son; y el pariente mayor las reparte entre las demás del barrio que no tienen tierras.

If perchance some resident of a calpulli or neighborhood went to live in another, he lost the lands that were assigned to him so that he might farm them; because this was and is a most ancient custom among them, and never was it broken nor was there in it any contradiction, and they remained and remain to the common of the calpulli whose they are; and the elder kinsman distributes them among the others of the neighborhood who do not have lands.

If someone from one calpulli or neighborhood went to live in another, he lost the lands that had been assigned to him to farm. This was, and is, a very old custom among them. It was never broken, and no one ever disputed it. The lands went back, and still go back, to the common holding of the calpulli they belong to, and the elder shares them out among others in the neighborhood who have no land.

Si algunas hay vacas ó por labrar en el calpulli, tenían y tienen gran cuenta con ellas, para que de otro calpulli no se les entren en ellas. Y sobre esto tenían y tienen grandes pendencias, por defender cada uno las tierras de su calpulli.

If some are vacant or to be farmed in the calpulli, they had and have great account of them, so that from another calpulli they do not enter on them. And over this they had and have great quarrels, for each one defending the lands of his calpulli.

If any lands in the calpulli lie empty or unfarmed, they kept, and still keep, close watch over them so that people from another calpulli do not move onto them. They had, and still have, great quarrels over this, each one defending the lands of his own calpulli.

Si alguno había ó hay sin tierras, el pariente mayor, con parecer de otros viejos, les daba y da las que han menester, conforme á su calidad y posibilidad para las labrar: y pasaban y pasan á sus herederos en la forma que se ha dicho; y ninguna cosa hace este principal, que no sea con parecer de otros viejos del calpulli ó barrio.

If anyone was or is without lands, the elder kinsman, with the opinion of other old men, gave and gives them those they need, according to his quality and possibility to farm them: and they passed and pass to his heirs in the form that has been said; and this principal does nothing that is not with the opinion of other old men of the calpulli or neighborhood.

If anyone had no land, the elder, with the advice of other old men, gave him, and still gives him, what he needed, according to his standing and his ability to farm it. It passed, and still passes, to his heirs in the way already described. This leading man does nothing without the advice of other old men of the calpulli or neighborhood.

Si uno tenía unas tierras y las labraba, no se le podía otro entrar en ellas, ni el principal se las podía quitar ni dar á otro; y si no eran buenas las podía dejar y buscar otras mejores, y pedirlas á su principal; y si estaban vacas y sin perjuicio, se las daba en la forma que se ha dicho.

If one had some lands and farmed them, another could not enter on them, nor could the principal take them from him nor give them to another; and if they were not good he could leave them and seek others better, and ask them of his principal; and if they were vacant and without prejudice, he gave them to him in the form that has been said.

If a man had some lands and farmed them, no one else could move onto them, and the leading man could not take them from him or give them to another. If they were not good, he could leave them, look for better ones, and ask his leading man for them. If those lay empty and no one would be harmed, he was given them in the way described.

El que tenía algunas tierras de su calpulli, si no las labraba dos años por culpa y negligencia suya, y no habiendo causa justa, como por ser menor, huérfano, ó muy viejo, ó enfermo, que no podía trabajar, le apercibían que las la. brase á otro año, y si no, que se darían á otro, é así se hacía.

He who had some lands of his calpulli, if he did not farm them two years through his fault and negligence, and there not being just cause, as for being a minor, orphan, or very old, or sick, that he could not work, they warned him that he should farm them the next year, and if not, that they would be given to another, and so it was done.

If a man held lands from his calpulli and left them unfarmed for two years through his own fault and carelessness, without good reason, such as being underage, an orphan, very old, or too sick to work, he was warned to farm them the next year. If he did not, they would be given to someone else, and so it was done.

Así que por tener los calpullec ó barrios las tierras de común é no entenderlo, ha sido causa de haberlos dejado en términos que no tienen donde poder sembrar, en especial en los pueblos que están cerca de los de españoles, ó donde hay buenas tierras; y en esto hay gran exceso y desorden, é también en el daño que reciben de los ganados de sus encomenderos, que siempre los tienen en sus pueblos.

So that because the calpullec or neighborhoods hold the lands in common and [this is] not understood, it has been the cause of having left them in terms that they do not have where to be able to sow, especially in the towns that are near those of Spaniards, or where there are good lands; and in this there is great excess and disorder, and also in the harm that they receive from the cattle of their encomenderos, who always have them in their towns.

So because the calpullec, or neighborhoods, hold their lands in common, and this is not understood, they have been left with nowhere to plant. This is so above all in towns near those of the Spaniards, or where there is good land. There is great excess and disorder in this, and also in the harm done to them by the cattle of their encomenderos,4 who always keep their herds in the Indians' towns.

4. Spaniards to whom the crown had granted the tribute of particular Indian towns.

Los comunes de estos barrios ó calpullec siempre tienen una cabeza, é nunca quieren estar sin ella, é ha de ser de ellos mesmos é no de otro calpulli, ni forastero, porque no lo sufren, é ha de ser principal y hábil para los amparar y defender; y lo elegían y eligen entre sí, y á este tenían y tienen como por Señor, y es como en Vizcaya ó en las montañas el pariente mayor; y no por sucesión, sino muerto uno eligen á otro, el más honrado, sabio y hábil á su modo, y viejo, el que mejor les parece para ello. Si queda algún hijo del difunto suficiente, lo eligen, y siempre eligen pariente del difunto, como lo haya y sea para ello.

The commons of these neighborhoods or calpullec always have a head, and never want to be without him, and he has to be of themselves and not of another calpulli, nor an outsider, because they do not suffer it, and he has to be principal and able to protect and defend them; and they elected and elect him among themselves, and him they held and hold as for Lord, and it is as in Biscay or in the mountains the elder kinsman; and not by succession, but one dead they elect another, the most honored, wise and able in their manner, and old, the one who seems best to them for it. If there remains some son of the deceased sufficient, they elect him, and always they elect a kinsman of the deceased, as long as there is one and he is fit for it.

The people of each of these neighborhoods or calpullec always have a head, and never want to be without one. He must be one of them, not from another calpulli or an outsider, for they will not stand for that. He must be a leading man, able to protect and defend them. They chose him, and still choose him, from among themselves, and they held him, and hold him, as a kind of lord. He is like the pariente mayor, the head of the lineage, in Biscay or in the mountains of northern Spain.5 The office does not pass from father to son. When one dies they choose another, the most honorable, wise, and able in their way, and an old man, whoever seems best to them. If a son of the dead man is fit for it, they choose him. They always choose a relative of the dead man, if there is one who is suitable.

5. In the Basque province of Biscay and the mountains of northern Spain, the pariente mayor was the head of a noble lineage.

Este principal tiene cuidado de mirar por las tierras del calpulli y defenderlas, y tiene pintadas las suertes que son, y las lindes, é adónde é con quién parten términos, y quién las labra, é las que tiene cada uno, y cuáles están vacas, y cuáles se han dado á españoles, y quién é cuándo é á quién las dieron; y van renovando siempre sus pinturas según los sucesos, y se entienden muy bien por ellas; y es á su cargo, como está dicho, dar tierras á los que no las tienen para sus sementeras, ó si tienen pocas, según su familia, les dan más; y tienen cuidado de amparar la gente del calpulli y de hablar por ellos ante la justicia é ante los gobernadores; y en casa de este se juntan los del calpulli á hacer y tratar lo que conviene á su calpulli y á sus tributos é á sus fiestas; y en esto gasta mucho, porque siempre en estas juntas, que son muchas por año, les da de comer é beber, y es necesario para los tener contentos é quietos.

This principal has care to look after the lands of the calpulli and defend them, and he has painted the lots that there are, and the boundaries, and where and with whom they share limits, and who farms them, and those that each one has, and which are vacant, and which have been given to Spaniards, and who and when and to whom they gave them; and they go renewing always their paintings according to events, and they understand themselves very well by them; and it is his charge, as has been said, to give lands to those who do not have them for their sown fields, or if they have few, according to their family, they give them more; and they have care to protect the people of the calpulli and to speak for them before the justice and before the governors; and in the house of this one those of the calpulli gather to do and treat what is fitting to their calpulli and to their tributes and to their feasts; and in this he spends much, because always at these meetings, which are many per year, he gives them to eat and drink, and it is necessary in order to keep them content and quiet.

This leading man looks after the lands of the calpulli and defends them. He keeps them all painted:6 the lots there are, their boundaries, where and with whom they share borders, who farms them, what each person holds, which lie empty, which have been given to Spaniards, and who gave them, when, and to whom. They keep renewing their paintings as things change, and they understand them very well. It is his duty, as I have said, to give land for planting to those who have none, and to give more to those who have too little for the size of their families. He looks after the people of the calpulli and speaks for them before the judges and the governors. The people of the calpulli meet at his house to arrange what is needed for the calpulli, its tribute, and its feasts. This costs him a great deal, because at these meetings, which happen many times a year, he always gives them food and drink. It is necessary, to keep them content and peaceful.

6. Land was recorded in painted documents. Census and land registers painted for villages near Texcoco about 1539–1543 survive, showing each household's fields with their measurements.