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Eschatocol

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Title: Eschatocol  
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Subject: Act (document), Notary, Law, Letters patent, Anglo-Saxon charters
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Eschatocol

An eschatocol (or closing protocol) is the final section of a legal or public document, which may include a formulaic sentence of appreciation, and the attestation of those responsible for the document, i.e., the author, the writer, or the countersigner, principal parties involved, and any witnesses to the enactment or the subscription.[1][2] It also contains the documentation context of the action described therein (i.e., enunciation of the means of validation, indication of the responsibilities for documentation of the act) and the final formulae.

Formerly common in medieval charters, they have been relegated to notarial acts, diplomatic treaties, certificates, and other highly formalized writings.

Eschatocols usually contain:

  • clause of corroboration - announces the means used to validate the document and guarantee its authenticity
    • jurat - contents of document were sworn to and signed before witness
    • testimonium clause (signature clause) - contains who signed and when and where signed; "Sworn to and subscribed before me this 8th day of October, 2009 in the City of Dayton"
    • attestation clause - attests to the signing of a document with a signature of attestation; "THUS DONE AND SIGNED..."
    • self-proof clause - usually only in wills, they contain affidavits of a testator and the witnesses as to the due execution of the document that allow the will to be proven without testimony.
  • dating clause - indicates the place and date of execution
    • venue (topical date) - location where document was signed
    • (chronological) date - day, month, and year when document was signed
  • subscription - signature block
    • attestation - signature of party, witness, or authenticator
    • qualification of signature - description of role played by signatory

For notarial writings, it is specifically a long form notarial authentication (the notarization proper) and takes the form of the final clause of an act in public form or the certificate at the end of an act in private form (typically to certify for use overseas). The exact wording of an eschatocol is highly formulaic and will vary depending on the nature of the notarial act. At least for English, much of what was several sentences has been condensed into one.

For acts in public form, typical eschatocols read as follows:

  • THUS DONE AND PASSED in the City of (city) aforesaid on the day, month, and year first above written and in the presence of the Witnesses who have hereunto subscribed their names with said Appearer before me, Notary, after due reading of the whole. (Louisiana)
  • THUS DONE, READ AND SIGNED before me, Notary, in the City and State aforesaid on the day of the date hereinabove set forth. (Louisiana)
  • Thus done and signed at (city) on the (day) day of (month) in the year YEAR in the presence of the undersigned witnesses. (South Africa)
  • THUS THE APPEARERS STATE AND DECLARE and after I, Notary, had read over the instrument which I did with tacit agreement of the appearers, the latter ratified the contents hereof, as to all of which certify on this 10th day of February (date). (England)
  • Thus done, declared, and protested in due form of law, at the office of me, the said notary, at Liverpool, the day and year first before written. (England)
  • Thus done and protested, in the city of San Francisco, this fifth day of May, in the year of our Lord one thousand eight hundred and fifty-nine. In testimony whereof, as well as said appearers, as I, the said notary, have subscribed these presents, and I have also caused my seal of office to be hereunto affixed, the day and year last above written. (America)
  • Thus done and passed at London aforesaid in the presence of Captain John Tailor of London, merchant, and Mr. Nicholas Corsellis also of London, merchant, as witnesses hereunto required. In Testimony of which, I, the Notary aforesaid, have hereunto set my hand and seal of office this 15th day of November, One thousand seven hundred and thirty nine.

For those in private form, the following are typical:

  • IN FAITH AND TESTIMONY WHEREOF, I have hereto set and subscribed my name and affixed my seal of office at London this 8th day of October, (year).
  • IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal Notarial at Ottawa this 8th day of October, (year).
  • SWORN TO AND SUBSCRIBED before me, the undersigned authority, this 8th day of October, (year). IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

See also

References

  1. ^ Marvin Zelkowitz (5 August 2003). Advances in Computers: Information Repositories. Academic Press. pp. 73–.  
  2. ^ Timothy Lubin; Donald R. Davis Jr; Jayanth K. Krishnan (21 October 2010). Hinduism and Law: An Introduction.  
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