The phrase “subscribed and sworn to before me” when used in affidavits really just means that the affidavit was signed by the affiant in front of, and an oath was administered by, a notary public or other person administered to take the affidavit.
The word “subscribed” is simply an old-fashioned legal term meaning “signed.” The definition of “subscriber” in the first edition of Black’s Legal Dictionary (published in 1891) includes “one who affixes his signature to any document.”
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Affidavits must be sworn or affirmed before a person authorised to administer the oath or take the affirmation (in the USA this is usually a notary public). The affiant must then sign the affidavit in the notary’s presence.
Putting these two concepts together, the phrase “subscribed and sworn to before me” precedes the notary’s details and signature to confirm that these acts have occurred.
If the affidavit is affirming rather than swearing the affidavit this phrase can be amended to “subscribed and affirmed before me.”
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