Legal Definitions - ex comparatione scriptorum

Ex comparatione scriptorum is a Latin phrase that translates to "by a comparison of writings or handwritings." In the past, particularly within the law of evidence, this term referred to a method used to determine the authenticity of a document or signature. It involved carefully examining and comparing a disputed piece of writing with other samples of writing known to be genuine from the same individual.

This principle allowed courts and legal experts to assess whether a signature or handwritten text was truly made by the person it purported to be from, by looking for consistencies or discrepancies in style, letter formation, spacing, and other unique characteristics.

• Example 1: Authenticating a Historical Will

  Imagine a legal dispute from the 19th century concerning a deceased person's will. One of the heirs challenges the will's validity, claiming the signature of the testator (the person who made the will) is a forgery. To resolve this, the court might have applied the principle of ex comparatione scriptorum. Handwriting experts would meticulously compare the disputed signature on the will with other documents known to have been signed by the testator – perhaps old letters, property deeds, or bank records that were undisputed. If the characteristics of the handwriting, such as letter formation, pressure, and flow, were consistent across the known and disputed samples, it would lend strong support to the will's authenticity.

• Example 2: Verifying an Ancient Land Deed

  Consider a historical legal case where a crucial land deed, dating back several centuries, is presented as evidence of ownership. One party argues the deed is fraudulent, suggesting the signature of the original landowner is not genuine. Under the principle of ex comparatione scriptorum, the court would commission an analysis where the signature on the disputed deed is carefully compared against other undisputed documents signed by the same landowner, such as other known property records or official decrees from that era. The goal is to establish whether the writing styles and unique features match, thereby confirming or refuting the deed's authenticity.

• Example 3: Disputed Signature on an Old Contract

  In a very old commercial dispute, a party might present a handwritten contract from decades past as proof of an agreement. The opposing side might claim the contract was never genuinely agreed upon, specifically challenging the signature of one of the original signatories. To apply ex comparatione scriptorum, legal experts would gather other documents, such as business ledgers, personal correspondence, or previous agreements, that are definitively known to bear the signature of the person in question. By comparing the disputed signature on the contract with these verified samples, they could assess the likelihood of the signature being authentic or a forgery, based on the similarities or differences observed.