Notaries aren't all created equal
His name was Julian Notary, and he got me thinking.
Was this English publisher from the Middle Ages (c. 1455 - 1523), whose woodcuts and types appeared in Wynken de Worde's books of the early Bible, the source of the term, "notary?" Columns often start that way; a tidbit chanced upon leads to a question, the question leads to research, and the results are printed here.
The answer is no, but notarial history does have an ecclesiastical connection. And to a king, and lawyers, and international shipping, and... I'll start over.
According to "Brooke's Notary" (13th Edition) and like so many things official, notaries trace back to the origins of civil law in the Roman Republic, and the rule of Cicero. In the first century B.C. a profession of men called scribae (scribes), or sometimes tabellius (writer), developed to document official events. They recorded and transcribed senate meetings, court proceedings and judges' orders, and scrupulously made exact, handwritten copy after copy.
Over time their roles expanded. They became legal experts and registrars, some attached to the courts and others serving privately, even consulting in legal issues. Under Cicero's son, Marcus Tullius Tiro, a new form of shorthand developed - a system of marks and signs called notae. A writer who adopted the new method was called a notarius (singular); the profession, notae Tironianae (plural).
Getting back to Julian's England, the separate development of an alternate legal system of "common law" (originating in courts, rather than statutory rules) meant notaries didn't appear there until around the 14th century. Here enter religion and monarchy; the first English notaries were appointed by the Pope's office. He transferred that power to King in the 16th century, who later delegated the power to appoint notaries back to its birth in the court system.
That birthright in the legal profession is likely why, outside the U.S. and parts of Canada, modern notaries elsewhere are lawyers (or lawyer-like) and have a role far beyond the identity and signature verification ours typically provide. In fact, outside North America notaries are generally used in international matters, such as documentation and disputes related to ships' navigation and cargo (e.g., Australia, New Zealand, England, Scotland).
Notarial functions vary across the globe. Many conduct real estate transactions (B.C. & Quebec); some draft wills and contractual documents (Nova Scotia). Some give legal advice (India). Some jurisdictions, such as Spain, Quebec, India, and Iran, have "civil law notaries" with training requirements similar to lawyers and specialized college degrees, rather than the very brief seminar or study session needed here. Some governments still appoint them; others allow nearly anyone to test into the profession. England interestingly retains clergy notaries for church matters.
The key difference between most of these notaries-plus and lawyers as we understand them is one of duty. A lawyer's duty is to one party to a transaction or case; notaries worldwide generally have a duty to the transaction itself (whether mere signature or a real estate transaction), not to one side or another (except in Wales).
Requirements, duties, and regulation of notaries public in the U.S. vary by state. For more information see the American Society of Notaries at Asnnotary.org.
Sholeh Patrick is an attorney and a columnist for the Hagadone News Network. Email sholehjo@hotmail.com