As we might have expected to hear, the notary public profession traces back to a long time ago but, do we really know the extent? The objective of this article is to briefly explain the origin of the profession and show its importance throughout times.

Indeed, the office of notary public originated during the Roman Republic.1 Back then, notaries were public officials who had the very important task of recording and registering public and judicial proceedings. Additionally, they were also engaged in drafting private documents like wills, deeds, and contracts.

After the fall of the Roman Empire, the role of notary publics persisted in regions were Roman law was present. They were appointed by local counts and bishops to act within limited geographic regions. However, notaries were not very known in northern Europe yet.

It wouldn’t be until the 13th century that the first notaries appeared in England. They were appointed by the Holy Roman Emperor or the Pope,2 and, eventually, became more active in England. Nonetheless, it’s worth noting that, “although notaries never attained such a high position in England as they did abroad, they became increasingly important figures in England during this period in the ecclesiastical and secular fields.”3

By the 17th century, there were mainly two classes of notaries: ecclesiastical ones and secular ones who were involved mostly with foreign trade.4 When the first English colonists came to America in the early 17th century, such would be the legacy that pioneers would bring with them.

On October 25, 1639, the General Court of the Province of New Haven chose Thomas Fugill as the first person in the American colonies to bear the title of notary public. He was appointed “to attend the court and from time to time to keep a faithful record of all passages and conclusions of the court.”5 Some others would follow in the other colonies.

Until the adoption of the United States Constitution in 1789, the work of general notaries consisted of authenticating and keeping a record of documents for use in international commerce. One major development for the profession came with the adoption of the Constitution since the appointment and regulation of notaries was left to the individual states.

Throughout the 19th century, the work of United States notaries was limited to taking acknowledgments, administering oaths and protesting bills of exchange. Later, states started authorizing notary publics to perform many other functions.6

1. N.P. READY, BROOKE’S NOTARY, p. 2-3 (11th ed. 1992)
2. Ídem, p.9
3. Ídem, p. 13
4. C.W. BROOKS ET. AL., NOTARIES PUBLIC IN ENGLAND SINCE THE REFORMATION, p. 29-30 (1991)
5. Ídem, p.21
6. John E. Seth, Notaries in the American Colonies, 32 J. Marshall L. Rev. 863 (1999) p. 883