Interesting facts from the history of notaries public

Notaries Public (also called «notaries», «notarial officers», or «public notaries») hold an office which can trace its origins back to ancient Rome, when they were called «scirbae», «tabellius» or «notarius». They are the oldest continuing branch of the legal profession worldwide.

Chapter 1 of the «Brooke's Notary» 12^th edition sets out details of the history of Notaries. The office of a public notary is said to be a public office. The office had its origin in the civil institutions of ancient Rome. Public officials, called «scribae», that is to say, scribes, rose in rank from being mere copiers and transcribers to a learned profession prominent in private and public affairs. Some were permanent officials attached to the Senate and courts of law whose duties were to recode public proceedings, transcribe state papers, supply magistrates with legal forms, and register the decrees and judgments of magistrates.

In the last century of the Republic, probably in the time of Cicero, a new form of shorthand was invented and certain arbitrary marks and signs, called «notae» were substituted for words in common use. A writer, who adopted the new method was called a notarius. Originally, a notary was one who took down statements in shorthand and wrote them out in the form of memoranda or minutes. Later the title «notarius» was applied almost exclusively to registrars attached to high government officials, including provincial governors and secretaries to the Emperor.

Notwithstanding the collapse of the Western Empire in the 5^th century AD, the notary remained a figure of some importance in many parts o continental Europe throughout the Dark Ages. When the civil law experienced its renaissance in medieval Italy from the 12^th century onwards, the notary was established as a central institution of that law, a position which still obtains in countries whose legal systems are derived from the civil law.

The separate development of the common law in England, free from most of the influences of Roman law, meant that notaries were not introduced into England until later in the 13^th and 14^th centuries. At first, notaries in England were appointed by the Papal Legate. In 1279 the Archbishop of Canterbury was authorized by the Pope to appoint notaries. Not surprisingly, in those early days, many of the notaries were members of the clergy. In the course of time, members of the clergy ceased to take part in secular business and laymen, especially in towns and trading centres, began to assume the official character and functions of a modern notary.

The Reformation produced no material change in the position and functions of notaries in England. However, in 1533 the enactment of «the Act Concerning Peter's Pence and Dispensation» (The Ecclesiastical Licenses Act, 1533) terminated the power of the Pope to appoint notaries and vested that power in the King, who then devolved it to the Archbishop of Canterbury who in turn devolved it to the Master of the Faculties. Traditionally, notaries recorded matters of judicial importance as well as private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was required.

ANSWER THE FOLLOWING QUESTIONS TO MAKE SURE YOU FULLY UNDERSTAND THE TEXT:

1. What are the names used to call a notary public?

2. What is the origin of those words?

3. Where did the office of a public notary have its origin?

4. In what context is Cicero mentioned in the text?

5. What kind of public official was called a «notarius» originally?

6. When was the notary established as a central institution of the law?

7. At what period of time were notaries introduced into England?

8. Who were the first notaries in England and why?

9. In what way are notaries appointed in England?

10. What are the traditional functions of notaries in England?

T ask 21. Read some more interesting information about notaries. You can learn more about them on the E-net and other sources.

FAMOUS NOTARIES

In addition to many well-known notaries public from the world of the law, there are several well-known notaries from other arenas of achievement. Klaus Hergescheimer of Massapequa, NY has the distinction of becoming the first notary to be licensed in all fifty states (a feat since duplicated several times by others), as well as numerous territories and trust possessions. Richard Nixon confidante Robert Abplanalp was a notary for many years, as were Faun Hall, astronaut Krista McAuliffe, and former major league baseball pitcher Joe Moeller.

From the world of entertainment, actor Stanley Tucci, actress Mindy Cohn, television host David Horowitz, and radio producer Gary Dell»abate all hold or have held notary certificates. At 2007's American Association of Notaries Public convention in Laughlin, NY, the surviving members of Moby Grape were presented with Lifetime Achievement Awards, in recognition of their lifelong efforts to promote the image of notaries public.

Upon the death of President Warren G. Harding in 1923, Calvin Coolidge was sworn in as President by his father, a Vermont notary public. As there was some controversy as to whether a state notary public had the authority to administer the presidential oath of office, however, Coolidge took the oath again upon returning to the capital.

CREATIVE ACTIVITIES

• Look through the texts and compile a chronological registry of the history of notary public in England and the USA.

• Make a short story describing the origins of notaries public in England and the USA.

• Make a table to compare similar and different offices of notaries public in England and the USA.

• What do you know about notary public in Russia? Write a comparative story based on the material of the unit for a newspaper, as a lawyer would explain the issue.

• Write a brief summary of the information on notary public presented in the unit you have just studied.

Appendix 3

Приложение 3