What were the duties and qualifications of the office of "fiscal" in a Pueblo in New Spain?
(cross-posting from Stack Exchange History, question 74030, where my question has sat unanswered for a week)
Looking through marriage records for 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:
- sacristan
- fiscal mayor
- fiscal
- escrivano
- topele [or topile]
[It's not unique to that place, I noticed the same thing in records from Puebla for that same time-period.]
"Sacristan" is also a word in English. It's a religious office, responsible for safeguarding the holy emblems, more generally for taking care of the physical structure of the church.
"Fiscal" in modern usage is a public prosecutor, and "fiscalía" is the prosecutor's office.
"Escrivano" is "scribe" or "clerk".
[No idea on "Topile", may be an Aztec word...]
The RAE entry for "fiscal" gives the following relevant definitions:
- m. y f. Persona que representa y ejerce el ministerio público en los tribunales. (Person who represents [] and exercises [the public ministry] in the courts.)
- m. y f. Persona que averigua o delata operaciones ajenas. (Person who verifies or discloses foreign proceedings.)
- 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.)
- 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 [or New Spain more generally], 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?
For an example, here's an excerpt from a document written on June 26th, 1759, and microfilmed in the 20th century:
(FamilySearch DGS # 004596067, image 175, p. 155 recto)
"... de edad, casado con Juana Maria; Bartholome de Sⁿtiago, fiscal pasado, tambien de Sⁿ Miguel, de ochenta y quatro aˢ de edad, casado con Hilaria Maria; y theodoro Anttº fiscal actual, assimesmo de Sⁿ Miguel, de treinta y cinco aˢ de edad, casado con Magdalena Maria; ..."
"... of age, married to Juana María; Bartholome de Santiago, prior fiscal, also from San Miguel, 84 years old, married to Hilaria María; and Theodoro Antonio, current fiscal, also from San Miguel, 35 years old, married to Magdalena María; ..."
[So in this particular case there were two fiscales who were "from" the place, although in this particular document they weren't explicitly identified as natural y vecino or oriundo y vecino.]