Meticulous Imprecision: Calculating Age in Colonial Spanish American Law

Abstract

Abstract It is easy to presume that age’s legal value rests in the autonomy and rights that accrue to the liberal (male, propertied) citizen who has reached the age of majority. But this is not universally so. In Spain’s American colonies, legal age talk involved multiplying privileges rather than exclusionary subtraction. Few indigenous peoples, enslaved people of African descent, or members of the free casta poor tallied the years they had lived in a manner that meets modern standards of precision. Instead, the ages that Spanish American officials set down on paper in criminal trials, censuses, and freedom suits derived from complicated cultural equations, including reconciling local ethno-numeracies with European counting systems. For all its seeming imprecision, age was of critical importance to colonial Spanish Americans, since rather than guaranteeing access to rights, age was a language that colonial subjects used to turn legal incapacities into beneficial protections.