Source: Amy Notes (ID702)
Author: Howard, Amy (ID633)
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Castilla
Castilla
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Description of SA's notary position
Date Created: 2023-10-12 20:56:17
Source: The King?s Coffer (ID 83)
Author: Bushnell, Amy (ID 32)
Content_id: 3020
Once a week the treasury officials held a formal treasury council (acuerdo de hacienda) attended by the public and governmental notary (escribano publico y gobernacion). Without this notary’s presence there could be no legal gathering for government business, no public pronouncement, and no official action or message. AN141 Any letter not in his script was considered a rough draft; his signature verified a legal copy. The public and governmental notary AN142 was paid a plaza plus salary, which began at 100 ducats a year but around 1631 was reduced to 400 reales. Since no money or supplies passed through his hands he did not furnish bond. [Note 32: Juan de Cueva 1/9/1631, enclosed with Gov. Rodriguez de Villegas, 12/27/1630; Gov. Trevino Guillamas 10/7/1614. The ubiquity of the notary is revealed in Recop.] Although in his public office a notary was supposed to be impartial and incorruptible, it was hard for him to oppose the governor, who had appointed him, could remove him, and might fine him besides. [Note 33: Sebastian de Ynclan 2/24/1600; Alonso de las Alas 11/23/1609; Fr. Francisco Pareja et al. 1/14/1617; Gov. Trevino Guillamas to the royal officials and notary 1/27/1617. Both this notary and the one of rations and munitions sometimes received royal titles, but they were appointed locally. See cedula to Gov. Mendez de Canzo 11/9/1598 and Gov. Trevino Guillamas 10/7/1614] Captain Hernando de Mestas, in a letter smuggled out of prison, said that the notary was his enemy and had refused him his office. “The former notary would not do what he was told,” said Mestas, “so they took the office from him and gave it to the present one who does what they tell him, and he has a house and slaves, while I am poor.” [Note 34: Hernando de Mestas 3/12/1603] In an effort to get the notaryship out of the governor’s power, the royal officials suggested to the crown that the position be put up for public auction. The idea was quickly taken up, but the new system probably changed little. In a town both inbred and illiterate, notaries were not easy to find. When Alonso de Solana was suspended from that office by the king’s command, and again when he died, the highest bid to replace him (and the one the royal officials accepted, was that of his son. [Note 35: Royal officials n.d. and Council reply 10/6/1631; royal officials 4/20/1678; Thomas Menendez Marquez and Joachin de Florencia 1/20/1697; Juan de Solana 2/6/1697 and Gov. Torres y Ayala 2/6/1697] For these reasons of autocracy, patronage, and inbreeding, little reliance can be placed upon local testimony about a controversial topic. As the bishop of Tricale, visiting St. Augustine in the 18th century, explained: “Here there is a great facility to swear to whatever is wanted.” [Note 36: Francisco de San Buenaventura, Bishop of Tricale 4/29/1736] AN143 …Governors tried several methods of managing the royal officials. One was by appointment and control of their notary. (Bushnell KC)