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Procureur fiscal

Satirical drawing of an attorney ("Habit de procureur", 1675 engraving attributed to Nicolas II de Larmessin, Wikimedia Commons).

Satirical drawing of an attorney ("Habit de procureur", 1675 engraving attributed to Nicolas II de Larmessin, Wikimedia Commons).

The procureur fiscal was an officer in charge of the public prosecutor's office at the seigniorial court. Although no exact English translation could be found, the procureur fiscal was not a tax attorney (as most online translation engines would suggest). They were called "fiscal" because they had to see to the fisc (tax) rights of the seigneur — that is to say, the right of confiscation to their benefit. The procureur was responsible for the seigneur's fisc and estate. As an attorney working on behalf of the the King, he represented the seigneur, who could not attend court hearings.

The procureur fiscal initiated prosecutions and ensured that orders and decrees were published and obeyed. He lodged complaints, investigated cases, and supervised officers under his charge.

In civil matters, he gave his opinion where he deemed it necessary. In criminal investigations, he acknowledged official complaints addressed to the examining magistrate. The judge never made a decision without the procureur fiscal's opinion. He was actually obliged to do so, failing which, the judgment would be annulled. The judge would then deliberate and pronounce his judgment.

He also had the responsibility of looking after the interests of minors and absentees in the seigneurie. For example, he could ask the judge to appoint a guardian, to affix seals, or to carry out an inventory of property.

 
 

Source: Mario Scott, "Un procureur fiscal en 1655", Semaine nationale de la Généalogie (7 Oct 2015); online article, Fédération québécoise des sociétés de généalogie (http://www.semainegenealogie.com/extra/item/18-un-procureur-fiscal-en-1655).