When you visit a Notary Public to get a document authenticated, you are participating in one of the oldest continuous legal traditions in the Western world. The profession stretches back over two millennia — from the scribes of ancient Rome, through the courts of medieval Europe, to the office of Hugh Phelan in Douglas, Cork. Here is how we got here.
Ancient Rome: Where It All Began
The word "notary" comes from the Latin notarius, meaning a person who takes notes or records. In the Roman Empire, notarii were shorthand writers who recorded the proceedings of courts and public assemblies. They were distinguished from tabelliones — public scribes who drafted legal documents such as contracts, wills, and deeds.
As the Roman legal system grew more sophisticated, the role of the tabellio expanded. They became responsible not just for writing documents, but for authenticating them — verifying the identity of the parties and ensuring the documents met legal requirements. This is the direct ancestor of the modern notary.
The Middle Ages: Canon Law and Commerce
After the fall of the Roman Empire, the notarial tradition survived through the Catholic Church. Canon law required authenticated documents for ecclesiastical matters — appointments, property transactions, papal communications, and marriage records.
In the 11th and 12th centuries, the profession was revived and formalised in Bologna, Italy — the centre of European legal education. The ars notariae (art of notarial practice) became a recognised discipline, and graduates were appointed as notaries by the Pope, the Holy Roman Emperor, or local rulers.
Notaries became essential to international trade. As merchants from Venice, Genoa, Florence, and other trading cities conducted business across borders, they needed a trusted professional whose documents would be accepted in any jurisdiction. The notary's seal became the international standard for document authentication.
Ireland: From Papal Appointment to Chief Justice
The notarial office came to Ireland through English common law and the influence of the Church. Records show notaries operating in Ireland from at least the 13th century. Initially, Irish notaries were appointed by the Pope or the Archbishop. After the Reformation, the power of appointment passed to the Crown.
Following Irish independence in 1922, the power to appoint Notaries Public was vested in the Chief Justice of Ireland. This remains the position today — every Notary Public in Ireland holds a commission granted by the Chief Justice, making it one of the most senior professional appointments in the Irish legal system.
The Faculty of Notaries Public in Ireland was established to regulate the profession, set educational standards, and maintain the quality of notarial practice. Today, aspiring notaries must obtain the Diploma in Notarial Law and Practice before they can petition the Chief Justice for appointment.
The Hague Convention: A Modern Revolution
For centuries, using a notarised document in a foreign country required a complicated process of consular legalisation — often involving multiple government departments and the embassy of the destination country. In 1961, the Hague Conference on Private International Law introduced the Apostille Convention, creating a single, standardised certificate that would be accepted by all member countries.
This was a transformative moment for the notarial profession. The apostille made it practical for ordinary people — not just diplomats and multinational corporations — to use authenticated documents abroad. Today, over 125 countries are party to the convention.
The Civil Law vs Common Law Divide
It is worth noting that the notarial profession varies significantly between legal traditions:
- Civil law countries (most of continental Europe, Latin America, parts of Asia) — notaries play a central role in the legal system. They draft contracts, oversee property transactions, advise on family law, and their documents have direct evidential value in court. In countries like France, Germany, and Italy, a notary is often more important than a solicitor for everyday legal transactions.
- Common law countries (Ireland, UK, USA, Australia) — notaries have a more focused role, primarily authenticating documents for international use. The broader legal functions are handled by solicitors and barristers.
However, even in common law Ireland, the notary's seal carries significant weight internationally — precisely because it connects to this ancient, globally recognised tradition.
The Notary in Modern Cork
Today, the Notary Public in Cork serves a diverse and growing community. Cork's international connections — its multinational corporations, university population, and strong emigration tradition — create constant demand for notarial services.
Common work includes authenticating documents for Irish people moving abroad, certifying corporate documents for international business, preparing Powers of Attorney for overseas property transactions, and notarising qualifications for foreign employers and regulators.
Hugh Phelan continues this tradition from East Douglas Street, Douglas, Cork — appointed by the Chief Justice, carrying a unique registered seal, and maintaining a permanent protocol of notarial acts, just as his predecessors have done for centuries.
Contact us at 021-489-7134 or info@phelansolicitors.com, or book an appointment online.
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Continuing a 2,000-year tradition. Hugh Phelan, Solicitor & Notary Public, Douglas, Cork.
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