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What were the duties and qualifications of the office of "fiscal" in a Pueblo in New Spain?
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David Lee Lambert
Jan 5, 2024, 4:15:05 PM1/5/24
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(I previously posted this question on Stack Exchange History [1], but no answer yet. It might seem off-topic for soc.culture.mexican.american, but I would guess many Chicanos have ancestors from the small towns this question relates to.)
Looking through marriage records for various places in rural New Spain, including a certain place now in State of Mexico, Mexico, in the 18th and early 19th centuries, I notice that often the witnesses at pre-marriage registrations and at weddings are identified by some sort of office. One in particular I'm uncertain of is "fiscal" (or in some cases "fiscal mayor").
"Fiscal" in modern usage is a public prosecutor, and "fiscalía" is the prosecutor's office.
The Real Academia Española entry for "fiscal" [2] gives the following relevant definitions:
* 2. m. y f. Persona que representa y ejerce el ministerio público en los tribunales. (Person who represents and exercises the government function in the courts.)
* 3. m. y f. Persona que averigua o delata operaciones ajenas. (Person who verifies or discloses foreign proceedings.)
* 4. m. y f. Chile. Seglar que cuida de una capilla rural, dirige las funciones del culto y auxilia al párroco, por quien es nombrado. (Layperson who cares for a rural chapel, assists with worship functions, and helps the pastor, by whom he is appointed. Similar to "sacristan", which I've also seen in those records.)
* 6. m. En el Antiguo Régimen, ministro encargado de defender los intereses del fisco. (In the old regime, minister charged with defending the interests of the public treasury.)
But how did someone enter that office in pre-Independence Mexico, and what were his actual duties and powers? Was he appointed by higher civil authorities, under the ultimate authority of the Viceroy and the King? Or was this a canonical office, appointed under the ultimate authority of the Bishop? Or was he elected? Would he have had to read and write to fulfill the duties of his office, or was there a separate scribe who could have read and written for him as needed? Was he likely to have moved to the "Pueblo" for the purpose of taking the office, or was he more likely a prior long-term resident of the place?
[1] https://history.stackexchange.com/questions/74030/what-were-the-duties-and-qualifications-of-the-office-of-fiscal-in-a-pueblo-in
[2] https://dle.rae.es/fiscal?m=form
Looking through marriage records for various places in rural New Spain, including a certain place now in State of Mexico, Mexico, in the 18th and early 19th centuries, I notice that often the witnesses at pre-marriage registrations and at weddings are identified by some sort of office. One in particular I'm uncertain of is "fiscal" (or in some cases "fiscal mayor").
"Fiscal" in modern usage is a public prosecutor, and "fiscalía" is the prosecutor's office.
The Real Academia Española entry for "fiscal" [2] gives the following relevant definitions:
* 2. m. y f. Persona que representa y ejerce el ministerio público en los tribunales. (Person who represents and exercises the government function in the courts.)
* 3. m. y f. Persona que averigua o delata operaciones ajenas. (Person who verifies or discloses foreign proceedings.)
* 4. m. y f. Chile. Seglar que cuida de una capilla rural, dirige las funciones del culto y auxilia al párroco, por quien es nombrado. (Layperson who cares for a rural chapel, assists with worship functions, and helps the pastor, by whom he is appointed. Similar to "sacristan", which I've also seen in those records.)
* 6. m. En el Antiguo Régimen, ministro encargado de defender los intereses del fisco. (In the old regime, minister charged with defending the interests of the public treasury.)
But how did someone enter that office in pre-Independence Mexico, and what were his actual duties and powers? Was he appointed by higher civil authorities, under the ultimate authority of the Viceroy and the King? Or was this a canonical office, appointed under the ultimate authority of the Bishop? Or was he elected? Would he have had to read and write to fulfill the duties of his office, or was there a separate scribe who could have read and written for him as needed? Was he likely to have moved to the "Pueblo" for the purpose of taking the office, or was he more likely a prior long-term resident of the place?
[1] https://history.stackexchange.com/questions/74030/what-were-the-duties-and-qualifications-of-the-office-of-fiscal-in-a-pueblo-in
[2] https://dle.rae.es/fiscal?m=form
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