HISTORY OF THE NOTARY PUBLIC
The Notary Public Is Considered the Oldest Continuing Branch Of The Legal Profession Existing Worldwide
16th Century Painting of A Civil Law Notary,
By Flemish Painter Quentin Massys
The office of a Notary Public dates back to civil institutions of ancient Rome. At that time, they were called “scribae, tabellius or notarius.” As Public Officials, they rose in rank from being copiers and transcribers to prominent professionals in private and public affairs. As officials connected to the Senate and courts of law, their duties included recordation of public proceedings, transcription of state papers, providing magistrates with legal forms, and registering decrees and judgments of magistrates.
During the last century of the Roman Republic, around the time of Cicero, a new form of shorthand was developed, which involved the use of arbitrary marks and signs called “notae.” These marks and signs were substituted for commonly used words. A person who utilized the new form of shorthand was called a “notarius.” Originally, a notarius took statements in the shorthand and subsequently wrote them in the form of memoranda or minutes. Ultimately, the title of “notarius” was applied to registrars associated with high government officials such as provincial governors and secretaries to the Emperor.
Following the collapse of the Western Empire in the 5th Century A.D., the notary remained important in continental Europe throughout the Dark Ages and into the renaissance era. Beginning in the 12th century, the notary became a central institution of law and continues to exist in countries whose legal systems are derived from civil law.
Notaries were introduced into common law England in the13th and 14th centuries. Initially, notaries were appointed by the Papal Legate (a personal representative of the Pope to the nations). In the early days, may notaries were clergy. In time, the clergy ceased involvement in secular business and laymen assumed the character and functions of the modern notary public.
In 1533, The Ecclesiastical Licenses Act was enacted and terminated the power of the Pope to appoint notaries and vested that power in the King. thereafter, the King transferred the authority to the Archbishop of Canterbury who then transferred it to the master of Faculties.
Traditionally, notaries recorded matters of judicial important, private transactions, or events when professional preparation of an officially authenticated record or document was required.
Wax seals with personalized engravings or symbols were used as signatures at the end of written documents. In later centuries, multiple page documents were kept together by weaving ribbons through holes at the margins. Wax seals were affixed over the knots to ensure no pages were added or removed. These procedures gave birth to the modern notary seal and certificate.
In the United States a notary public is a person appointed by a state government (in California, a Notary is appointed by the Secretary of State) to serve the public as an impartial witness. Although qualifications are set by each state, most states provide minimum age requirements and disqualify people with certain types of criminal convictions. In California, all applicants must take a state examination every four years, provide photo and finger prints, submit to a background check, as well as complete continuing education requirements. Although California requires a Notary Public to be bonded, it does not require a notary to carry errors and omissions insurance ("E & O insurance"). However, the prudent notary does indeed carry E & O insurance.
With the exception of Louisiana, a notary public's authority in the United States is far more limited than that of a civil law notary in other countries. In the United States, a majority of persons commissioned as a notary public are not licensed attorneys. Non-attorney notaries may not offer legal advice, prepare documents, or even advise a person as to what type of notarization may be required by a document.
The difference between a Notary Public in the United States and the Mexican "Notario Publico" is significant. In Mexico, a Notario Publico is a highly specialized lawyer with juridical authority awarded by the Mexican Government for each state. They function in both commercial and civil businesses, acting much like public and legal advisers for investors, businessmen and anyone with similar legal requirements. In the United States, unless a Notary Public is also an attorney, they are not authorized to provide such services.
The most common notarial acts in the United States are the taking of acknowledgements and oaths. US court reporters are often notaries as this enables them to swear in witnesses (deponents) when they are taking depositions.
