The English based common law system is the law upon which most Commonwealth countries, and all but one of the states of the United States of America is based. The civil law system on the continent of Europe has influenced many other countries including most South American states.
Notaries in England and Wales have quite distinct roles from notaries in other jurisdictions. The principal feature that highlights this difference is that the role of notaries in England and Wales is as independent professionals dealing with the requirements of other countries' laws, whereas notaries in most other jurisdictions are appointed by the state and have a leading role in the administration of that country's own legal system, but do not deal with anything relating to another country's laws.
Notaries in civil law countries are often state appointed officials who are charged by governments with providing legal security for parties entering into contracts in areas such as property, inheritance, family, commercial and company law.
For example, a French Notaire is a public official in a similar category to a registrar of births, marriages and deaths in this country, but fulfils a different role particularly relating to the purchase and registration of land.
Although principally a 'common law' country, many American notaries are unlike either English and Welsh or civil law notaries. Many American notaries require no legal training to become a Notary and need to take only a very short and straightforward test. They only have a limited role to act as impartial witnesses and take acknowledgements, and can only carry that role out in the particular district for which they are usually appointed only for a specific term, typically four years.
All notaries have a very long history which has evolved from the common background of their role as public officials in ancient Rome, where they became respected for their knowledge of technical matters.
Notaries were often attached to the court, and they prepared and drew up fair copies of deeds and other legal documents, which were then sealed under the seal of the court and thus rendered "public acts". Eventually, notaries were granted the right to use their own official seals to give their acts "public" status.
Following the fall of Rome, notaries were appointed throughout Europe, principally by the Pope and the Holy Roman Emperor.
The first notaries appeared in England in the 11th and 12th centuries and were Italians appointed by either the Holy Roman Emperor or the Pope. The earliest documented reference to a Notary in England is to Swardius, a Notary who was involved in the grant of land by Edward the Confessor.
The development of an independent English Notarial profession began in 1279 when Pope Nicholas III granted the Archbishop of Canterbury the power, or 'faculty', to appoint 3 notaries within a year. As a result, a number of Papal Notaries were appointed. At around this time, notaries came to have an increasingly important role in England and Wales as a result of the need for better authenticity for deeds. English Notaries also attained importance in relation to the certification of acts of a constitutional nature, such as the deposing of a king.
The Reformation and the break with Rome meant that from 1533 the appointment of notaries has been governed by the Queen as the head of the Church of England who has continued the former papal delegation of that power to the Archbishop of Canterbury, who, through the 'Court of Faculties', is now responsible for appointing and regulating notaries in England and Wales.
During the 17th century the work of notaries in England and Wales became increasingly concerned with preparing and authenticating documents connected with international commerce.
The role now is as a public certifying officer appointed by royal authority dealing with transactions relating to matters overseas, by providing independent proof of documents, transactions and facts to the satisfaction of authorities overseas. In 1884 there were only 48 notaries in England and Wales, but now there are around 870.
