📜 The Enduring Legacy of the Notary Public

The role of the notary public, a figure essential to the verification of documents and

transactions, is a profession with roots stretching back to the earliest organized societies. It represents a constant human need for an impartial, trustworthy witness to uphold the integrity of agreements and records.

What is a notary?

A notary public is a public officer appointed by a state or governing authority whose primary function is to serve the public as an impartial witness in the execution of legal documents. Their duties typically involve:

• Authenticating signatures.

• Administering oaths and affirmations.

• Certifying copies of documents.

The core purpose of notarization is to deter fraud and ensure that the signers of documents are who they claim to be, and that they enter into agreements knowingly and willingly.

Historical Roots of Notary Service

The lineage of the notary public can be traced through several key historical periods:

Ancient Egypt (2750–2250 B.C.):

The earliest known chroniclers were the Egyptian "sesh," or "scribes," who were highly educated individuals who played a crucial role in the administrative, religious, and intellectual life of the society. They were established in the Old Kingdom to record magic spells, wills and other legal contracts, medical procedures, tax records, and genealogies. Scribes underwent formal education in specialized schools that focused on teaching reading, writing, mathematics, and other skills necessary for administrative and clerical tasks.

The Roman Empire (c. 535 A.D.):

The true ancestors of the modern notary were born in Rome. History often credits the Roman slave Tiro with developing a shorthand system called notae for recording Cicero's speeches. Tiro not only assisted Cicero with secretarial work but also proofread manuscripts, supervised copyists, and handled private and financial matters. In 47 BC, for example, Tiro managed the leasing out of Cicero's gardens in Tusculum, oversaw the provision of water to the villa, catalogued the books at Cicero's estate, and tried to reconcile Cicero's daughter Tullia with her husband. Writers who adopted this method were called notarii or scribae. These officials prepared wills, contracts, and other documents for a fee, serving as a vital function in a society where literacy was not widespread.

Medieval Europe:

As the civil law system experienced a renaissance, particularly in medieval Italy from the 12th century onward, the notary became a central institution of law. Notaries were entrusted with drafting wills, contracts, and other legal documents, solidifying their position as gatekeepers of legal and commercial documentation.

The Notary: A Tale of Two Systems

Globally, the notary public falls into two distinct models based on the country's legal system: the Common Law Notary (prevalent in the U.S. and U.K.) and the Civil Law Notary (prevalent in Continental Europe and many other regions).

A. United States (Common Law Notary Public)

• In the United States, a notary public is generally a public official with ministerial duties, meaning their functions are primarily procedural.

• Who can be a Notary? Requirements vary by state, but generally involve being an adult resident, passing an exam, and paying a fee. Crucially, a U.S. notary is not required to be a lawyer.

• Scope of Authority: Their primary function is to verify the signer's identity and witness the signing. They are explicitly forbidden from giving legal advice or drafting legal documents unless they are also a licensed attorney.

B. European/Civil Law Notary - Notar

• In many civil law countries, such as Austria, the role of the notary (Notar) is vastly different, holding a much higher legal status.

• Who can be a Notary? An Austrian Notar is a top lawyer and a government-appointed public officer. They must be an attorney, undergo extensive legal education, pass rigorous exams, and often have several years of additional training.

• Scope of Authority: The Notar performs advisory functions, drafting and interpreting complex legal documents such as property transfers, wills, and corporate formations. Their signature confers full legal validity and high evidentiary weight on the document.

C. Israel

• Israel presents a system where the notary is highly regulated and holds significant legal authority, akin to the Civil Law model.

• Who can be a Notary? To be a Notary Public in Israel, an individual must be an attorney with at least 10 years of professional experience and have no disciplinary history that undermines integrity.

• Scope of Authority: Notaries have broad powers defined by the Notaries Law, 1976. These include authenticating signatures, certifying true copies, and—significantly—approving pre-marital financial agreements and preparing documents for international use. A notarial certificate constitutes sufficient evidence in court.

In conclusion, while the title "notary" may be universal, the authority and required qualifications vary dramatically across the globe. From a procedural witness in the U.S. to a highly-trained legal officer in countries like Austria and Israel, the notary public has evolved to meet the legal demands of its respective society, consistently serving as a cornerstone of trust in the world of official documentation.