Five Millenia of Notary History
Notaries have been an integral part of legal matters for thousands of years and continue to do so today. While they are now readily available in the US, this was not always the case. In fact the history notaries stretches back 5000 years, starting from the Egyptian and Roman civilizations to medieval Europe and beyond. Understanding their evolution provides valuable insights into the development of record-keeping and the crucial role of document authentication in society.
Ancient Egypt had a long tradition of using scribes for various tasks, including recording important events and producing legal documents. In fact, the use of scribes in ancient Egypt can be traced back to around 3000 BC. One of the innovations that set ancient Egyptians apart was the use of papyrus, a paper-like material which allowed for the creation of more durable records while expanding the range of documents that could be produced. Moreover, Egypt added legalistic formalism to the preparation of documents, which provided an extra layer of protection against fraud and forgery.
As the use of written records became increasingly common, the need for ensuring the authenticity and legal validity of documents became apparent. This led to the emergence of specialized scribes who served the functions of notaries. These notary-scribes were responsible for verifying the identity of the parties involved, attesting to the validity of the document, and affixing a seal or signature to indicate their authority.
Signet rings made of various materials and used for administration purposes were discovered in many Ancient Egyptian tombs.
Legal Record Keeping in Ancient Rome
During the Roman Republic, a new form of shorthand was invented, called ‘notae Tironianae’, likely by Cicero’s adoptive son Marcus Tullius Tiro. This shorthand was used to take down speeches and statements, using arbitrary marks and signs instead of words. Those who used this system were called notarii, and later the title of notarius was applied to registrars who worked for high-ranking government officials such as provincial governors and secretaries to the Emperor.
At this time, literacy was not widespread, so the notary served an important function in preparing contracts, wills, and other official documents for a fee. As the Roman Empire grew along with literacy, the demand for notaries also increased. Public officials, known as scribae or scribes, also rose in rank from being mere recorders of facts and judicial proceedings to a learned profession prominent in private and public affairs. Some were permanent officials attached to the Senate and courts of law, whose duties included recording public proceedings, transcribing state papers, supplying magistrates with legal forms, and registering the decrees and judgments of magistrates.
Evolution of the Notary from Clergy to Laymen
During the Dark Ages, notaries continued to hold a position of significance in many parts of continental Europe. However, it was in Italy that the notary became a central institution, starting from the 12th century. The practice soon spread throughout western Europe. Even Christopher Columbus was accompanied by notaries on all of his voyages, at the behest of his royal patrons who sought to ensure that all discovered treasures were accounted for. In contrast, the development of English common law followed a different trajectory, leading to the introduction of a different type of notary (now notary public) in the 13th and 14th centuries. These notaries were often appointed by the personal representative of the Pope or the Archbishop of Canterbury, with many of them being members of the clergy.
Simon Sudbury, who served as Archbishop of Canterbury between 1375 and 1381, was brutally murdered at the Tower of London during the Peasants’ Revolt.
The advent of the printing press brought about a significant shift in power as print became more accessible and affordable, thereby breaking the communication monopoly held by the clergy. As a result, members of the clergy stopped involving themselves in secular business, and laymen in towns and trading centers began to take on the roles and responsibilities of a modern notary. Even though the English Reformation did not significantly change the position or functions of notaries in England, the Ecclesiastical Licences Act 1553 terminated the Pope’s power to appoint notaries.
Shakespeare is believed to have been employed at a notary office, where he gained valuable insights into legal proceedings that he later incorporated into his plays for added authenticity.
Spreading Notarial Practice in the United States
During the early colonial period in British America, notaries were typically Englishmen who were well-versed in English common law and customs. To ensure that the documents they prepared would be recognized and accepted in England, as well as in other colonies and countries, they adopted a system that had been developed in England for authenticating documents used in international commerce.
The first colonial notary, Thomas Fugill, was appointed in 1639 in Connecticut. However, several years later, he was removed from office and excommunicated from the Church due to allegations of dishonesty in land allotments.
Historically, only individuals who were deemed to possess high moral character were appointed as public notaries, tasked with the responsibility of certifying documents. As the importance of reliable record-keeping grew, notaries rapidly became indispensable to trans-Atlantic commerce, as both sides of a transaction relied on them to act as honest third parties in the event of damage or loss to a shipment. Notaries performed functions that supported government, commerce, and private life, as the practice gradually spread throughout the colonies.
Despite its widespread use and importance, the notarial practice was not explicitly mentioned in the United States Constitution, leaving each state to create and enforce its own notary laws. While fundamental notarial acts are largely consistent across the states, there are variations in notary qualifications, training, testing, bonding, record-keeping, seals, duties, and powers.
Calvin Coolidge, the 30th President of the United States, made history when he was sworn into office by his 72-year-old father, who was a notary public. This unique event occurred following the sudden death of President Warren G. Harding.
In the last 50 years, non-governmental organizations have played a significant role in the development of uniform standards for the notary public profession in the United States. They have introduced various model acts, which provide consistent guidelines for the states to follow when formulating new notary laws. These acts often include model language which states can adopt in passing laws.
The role of the notary public has evolved over millenia and adapted to the changing needs of society. In today’s world, where the risk of misconduct and fraud is ever-present, the notary public adds an extra layer of security to the transaction by verifying the identity of the parties involved in a transaction, attesting to the validity of the document, and affixing their seal. As trust and integrity are essential for the smooth functioning of society, the role of the notary public remains as critical as ever.
For a more in-depth understanding, you can review the Colorado Notary blog by Jerry Lucas, and the Notary Public Wiki page.
