An eschatocol, or closing protocol, is the final section of a
legal
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
or public
document
A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. The word originates from the Latin ''Documentum'', which denotes a "teaching" o ...
, which may include a formulaic sentence of appreciation; the
attestation of those responsible for the document, which may be the author, writer, countersigner, principal parties involved, and
witnesses
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
to the enactment or the subscription; or both.
It also expresses the context of the documentation of the action described therein, i. e.,
enunciation
Elocution is the study of formal speaking in pronunciation, grammar, style, and tone as well as the idea and practice of effective speech and its forms. It stems from the idea that while communication is symbolic, sounds are final and compelli ...
of the means of validation and indication of who is responsible to document the act; and the final formulae.
Common in European medieval
charters, they have been relegated to
notarial acts, governmental acts, diplomatic
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
,
certificates, and other formal
document
A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. The word originates from the Latin ''Documentum'', which denotes a "teaching" o ...
s.
Contents
Eschatocols usually contain a:
* Clause of corroboration that expresses the specific means by which the document is to be or was validated and guaranteed as to its
authenticity
Authenticity or authentic may refer to:
* Authentication, the act of confirming the truth of an attribute
Arts and entertainment
* Authenticity in art, ways in which a work of art or an artistic performance may be considered authentic
Music
* A ...
, which means may be a:
**
Jurat
The ''jurats'' () are lay people in Guernsey and Jersey who act as judges of fact rather than law, though they preside over land conveyances and liquor licensing. In Alderney, however, the jurats are judges of both fact and law (assisted by the ...
, i. e., the
oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...
of witnesses that the contents of the document were sworn to and that the witnesses witnessed its signing;
**
Testimonium
In law and in religion, testimony is a solemn attestation as to the truth of a matter.
Etymology
The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness.
L ...
clause expressing the identities of the signatories and the time and place at which they signed it, e. g., "Sworn to and subscribed before me this 8th day of October, 2009 in the City of Dayton";
**
Attestation clause
In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature.
United States
In the United States, attestation clauses were introduced ...
attesting to the subscription on the document of a signature of attestation, e. g., "THUS DONE AND SIGNED ...";
**
Self-proof clause, typically present only in
wills, and consisting of
affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a stateme ...
s of the testator and the witnesses that the document was duly executed, which affidavits permit the will to be legally proven without further
testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter.
Etymology
The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness.
...
as to its
authenticity
Authenticity or authentic may refer to:
* Authentication, the act of confirming the truth of an attribute
Arts and entertainment
* Authenticity in art, ways in which a work of art or an artistic performance may be considered authentic
Music
* A ...
;
* Dating clause that expresses the time and place of execution by means of stating the:
**
Venue
Venue is the location at which an event takes place. It may refer to:
Locations
* Venue (law), the place a case is heard
* Financial trading venue, a place or system where financial transactions can occur
* Music venue, place used for a concer ...
, also denominated the "topical date", i. e., the location of the signing of the document; and
** (Chronological) date, i. e., the day, month, and year of the signing of the document;
* Subscription, i. e., the signature block, specifically an:
**
Attestation clause
In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature.
United States
In the United States, attestation clauses were introduced ...
bearing the signature of the party, witness, or authenticator; or
** Qualification of signature, being a description of the function or office that the signatory exercised in so signing.
In notarial writings, the eschatocol is specifically a long form of notarial authentication, i. e. the notarization proper, and takes the form of the final clause of acts in public form or of the certificate at the end of acts in private form, typically to certify the document for use in foreign states. The words of an eschatocol are very formulaic and vary depending on the nature of the notarial act. At least in English, much of what was previously several sentences is condensed into one.
Examples
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
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
,
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
)
*"THUS DONE, READ AND SIGNED before me, Notary, in the City and State aforesaid on the day of the date hereinabove set forth." (
Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
,
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
)
*"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
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. It is bounded to the south by of coastline that stretch along the Atlantic Ocean, South Atlantic and Indian Oceans; to the ...
)
*"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 (ordinal day) day of (month) (year)." (
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
,
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
)
*"Thus done, declared, and protested in due form of law, at the office of me, the said notary, at (location), the day and year first before written." (
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
,
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
)
*"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." (
San Francisco
San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
,
California
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
,
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
)
*In testimony whereof, I, John Tyler, PRESIDENT OF THE UNITED STATES OF AMERICA, have caused these Letters to be made PATENT, and the SEAL of the GENERAL LAND OFFICE to be hereunto affixed. Given under my hand, at the CITY OF WASHINGTON, the third day of March in the year of Lord one thousand eight hundred forty three and of the INDEPENDENCE OF THE UNITED STATES the sixty-seventh. (
Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
,
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
)
*"Thus done and passed at
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
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." (
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
,
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
,
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
)
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 (ordinal day) day of (month), (year)." (
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
,
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
,
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
)
*"IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal Notarial at Ottawa this (ordinal day) day of (month), (year)." (
Ottawa
Ottawa (, ; Canadian French: ) is the capital city of Canada. It is located at the confluence of the Ottawa River and the Rideau River in the southern portion of the province of Ontario. Ottawa borders Gatineau, Quebec, and forms the core ...
,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
)
*"SWORN TO AND SUBSCRIBED before me, the undersigned authority, this (ordinal day) day of (month), (year). IN WITNESS WHEREOF, I have hereunto set my hand and official seal."
*"Sworn before me, a solicitor/commissioner for oaths, on this (number) day of (month) (year), and I know the deponent. (Ireland)
See also
*
Act (document)
An act is an instrument that records a fact or something that has been said, done, or agreed. Acts generally take the form of legal instruments of writing that have probative value and executory force. They are usually accepted as self-authenti ...
*
Formulary (model documents)
Formularies (singular formulary; Latin ''littera(e) formularis, -ares'') are medieval collections of models for the execution of documents (acta), public or private; a space being left for the insertion of names, dates, and circumstances peculiar t ...
*
Treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
*
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princ ...
*
Preamble
References
{{Reflist
Notary
Legal documents
Legal terminology