Eschatocol
Encyclopedia
An eschatocol is the final section of a legal or public document, which may include a formulaic sentence of appreciation, and the attestation
Attestation
Attestation may refer to:* Attestation clause, verification of a document* Various police oaths in the United Kingdom...

 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. 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 (typicly 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.

Sample Notarial Certificate

The text below is an example of an attestation of signature by a South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...

n notary.


TO ALL TO WHOM these presents shall come I, (FULL NAME OF NOTARY), Notary Public, duly authorised and practising at (city) in the State of South Australia of the Commonwealth of Australia and who remains a Notary Public for so long as my name appears upon the Roll of Public Notaries kept by the Registrar of the Supreme Court of South Australia pursuant to Section 92 of the Legal Practitioners Act 1981 (SA) SEND GREETINGS and DO HEREBY ATTEST AND CERTIFY that the document or documents hereunto annexed was or were freely and voluntarily signed and executed in my presence this day by the person or persons named therein who is or are personally known to me or who was or were identified to me to my satisfaction and who personally appeared before me and who appeared to understand the meaning and effect of the said document or documents.

IN FAITH AND TESTIMONY whereof I the said Notary have hereunto subscribed my name and affixed my seal at
(city) aforesaid this (day) of (month) (year).

(Signature) (Seal)

(Full Name of Notary)

Notary Public

City of (city)

State of South Australia

Commonwealth of Australia



The words "IN FAITH" may denote the historic religious connections of the office of a notary public in the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...

. Thus while those words will be used in an eschatocol relating to a sworn
Sworn declaration
A sworn declaration is a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit, but unlike an affidavit, it is not witnessed and sealed by an official such as a notary public...

 affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...

 they will be omitted in one relating to an affirmed
Affirmation in law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath, but is usually taken to avoid the religious implications of an oath...

 affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...

or a statutory declaration. On the other hand, aside from these practical aspects of modern use, it may be said that even in Church Latin there was a purely secular use of "faith" (fides), meaning fidelity, sincerity or authenticity. A scholarly phrase speaks of historical texts being restored "ad fidem codicum", i.e. in accordance with the authentic version deduced forom older manuscripts. In modern Italian various less formal declarations and other acts are signed simply "in fede", i.e. "in faith", referring to the sincerity of the signatory. In this sense the phrase may be taken to mean little more than the English "Yours faithfully", now largely obsolete in private correspondence.

Sample Will Eschatocol

The text below show the final paragraphs of a model will.



testimonium clause

I, the undersigned testator, do hereby declare that I sign and execute this instrument as my last will, that I sign it willingly in the presence of each of said witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, this 2nd day of January, 2002.

__________________

John Doe

attestation clause

We, the undersigned witnesses, each do hereby declare in the presence of the aforesaid testator that the testator signed and executed this instrument as his last will in the presence of each of us, that he signed it willingly, that each of us hereby signs this will as witness in the presence of the testator, and that to the best of our knowledge the testator is eighteen (18) years of age or over, of sound mind, and under no constraint or undue influence.

___________________

Witness

___________________

Witness

notarization: jurat and acknowledgment

Commonwealth of Massachusetts

County of Essex

Subscribed, sworn to, and acknowledged before me by the said testator and witnesses this 2nd day of January, 2002.

__________________

Notary Public
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