The notarial profession in England and Wales is best understood from a historical perspective. Until 1533 notaries were appointed on papal authority by the Archbishop of Canterbury. Following the break from Rome, appointments continued to be made by the Archbishop of Canterbury - but on the authority of the Crown. The Archbishop's jurisdiction was, and is, exercised through one of the oldest of the English court's - the Court of Faculties, now physically located at the Precinct adjoining Westminster Abbey in London. The Court is presided over by the Master of the Faculties who is the most senior ecclesiastical judge and commonly also a judge of the Supreme Court. Since 1801 the appointment and regulation of notaries has been underpinned by statutes enacted by Parliament.
The qualification, appointment and regulation of notaries
The current machinery for the education and appointment of notaries is established under rules made by the Master of the Faculties under powers given to him by the Courts and Legal Services Act 1990. Once the Diploma is obtained, an applicant may petition the Court of Faculties for a 'Faculty' - a formal warrant under the seal of the Archbishop of Canterbury confirming his appointment and powers.
The organisation of notaries
There are approximately 1,000 notaries in England and Wales. Of these, about 800 are members of the Notaries Society - the membership body which represents the interests of notaries. The work of the Notaries Society is wide ranging but includes education, international representation and the development of professional standards.
Throughout England and Wales, all, save about 150 notaries, are also qualified as solicitors.
Within England and Wales a notary is authorised to carry out all legal work other than the conduct of litigation. The authority of a notary is derived both from statute and from the Faculty granted to him by the Court of Faculties. The Faculty enables a notary to perform notarial acts in the public (or authentic) form recognised in civil law jurisdictions as well as in the private form which is accepted in England and Wales and other common law jurisdictions. A notarial Faculty states that full force and effect should be given to all instruments (including acts in both the public or private form) made by a notary. Notaries who are also solicitors carry out most of this domestic work (including litigation) in their capacity as solicitors and are subject to regulation by the Law Society.
Until the eighteenth century notaries would authenticate their acts with an individual sign - often extremely elaborate. The use of seals to authenticate 'deeds' was the normal way of establishing their validity in the courts. Gradually, notaries adopted seals in substitution for their signs and by the nineteenth century it had become established that any notarial act should be attested by a notary's signature supported by his individual seal. All notaries now have such a distinctive seal - often illustrated with professional or historical signs.