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Legal Definitions - signet
Definition of signet
A "signet" refers to a distinctive mark or seal historically used to authenticate official documents, particularly in legal contexts. It served as a guarantee of the document's origin and authority.
- In some historical civil law systems, a signet was an intricate, hand-drawn symbol, often incorporating a cross and the notary's initials, placed at the bottom of legal instruments to confirm their validity. This practice was eventually superseded by the use of embossed or wax seals.
- In Scots law, the term specifically refers to a seal used to validate official court documents, such as summonses, issued by the Court of Session. Historically, this seal was derived from the monarch's personal seal, signifying royal authority.
Examples:
Historical Notarial Authentication: Imagine a medieval merchant in a European city needing to formally record a significant business contract. He would take the document to a notary public. Instead of a modern rubber stamp or an embossed seal, the notary would meticulously draw a unique "signet" at the bottom of the contract. This intricate drawing, perhaps incorporating a small cross and the notary's specific initials, served as the official mark confirming that the notary had witnessed the signing and verified the document's contents, making it legally binding.
This example illustrates the first meaning, where a hand-drawn symbol by a notary acted as the authenticating mark on a legal instrument before physical seals became common.
Scots Law Court Summons: Consider a civil dispute in 18th-century Scotland where one party needed to formally summon another to appear before the Court of Session. The official document initiating this legal action, the summons, would not just be signed. To ensure its legitimacy and convey the authority of the court, it would bear a specific "signet" – a physical seal. This seal, representing the authority of the Court of Session and historically linked to the monarch's personal seal, visually confirmed that the summons was a genuine and legally issued court order, compelling the recipient to respond.
This demonstrates the second meaning, where a physical seal, known as the signet, was used in Scots law to authenticate official court documents like summonses, signifying the court's authority.
Royal Authority in Historical Documents: Think about a royal decree issued by a Scottish monarch centuries ago. While not strictly a legal instrument in the modern sense, any official communication or order from the monarch that needed to be recognized as authentic and authoritative would have been stamped with the royal "signet." This personal seal of the monarch was a powerful symbol, ensuring that the document was understood to be a genuine command from the highest authority, carrying the full weight of the crown.
This example broadens the understanding to the historical origin of the Scots law signet, emphasizing its role as a mark of supreme authority, initially the monarch's personal seal, used to authenticate important documents.
Simple Definition
A signet refers to a historical mark of authentication. In civil law, it was an elaborate hand-drawn symbol used by notaries on legal documents, eventually replaced by a seal. In Scots law, it is a specific seal, originally the monarch's personal seal, used to authenticate summonses in the Court of Session.