Also 6 testey, -ty, 7 -tee. [a. L. teste, abl. of testis witness.]
1. The L. word teste in ablative absolute constr. with a pronoun (e.g., meipso myself) or name of a person, as used in the authenticating clause of a writ, etc.: see sense 2; hence, in same construction, in non-legal use, before the name of a person cited as witness or authority, = (So and so) being witness, on the authority or evidence of (So and so); teste meipso, seipso, on my or his own testimony or authority; also as sb. one’s own evidence.
[c. 1194: see Note to sense 2.]
1607. Cowell, Interpr., Teste, is … so called, because the very conclusion of euery writ wherein the date is contained, beginneth with these words (teste meipso, etc.).
1654. Gayton, Pleas. Notes, IV. xxiii. 277. This proofe a Teste seipso, is not so current as the other.
1686. South, Serm. (1727), II. 340. Presently the Sot … vouched also by a Teste Meipso,… steps forth an exact Politician.
1842. Barham, Ingol. Leg., Ser. II. Blasphemer’s Warn. Many … commanders ‘Swore terribly (teste T. Shandy) in Flanders.’
1848. Lowell, Biglow P., Ser. I. ii. The Devil, teste Cotton Mather, is unversed in certain of the Indian dialects.
2. The final clause in a royal writ naming the person who authorizes the affixing of the king’s seal.
Where (as in letters close and patent) the king himself authenticates the sealing, the clause has, since Rich. I., begun teste meipso ‘witness I myself.’ Where a high official authenticates (as in judicial and exchequer writs, and during the king’s absence), his name and (usually) office are stated. As such a clause generally stated place and date of sealing, the term became practically = DATE sb.2
1423. in Letter-bk. I Lond. (1909), 298. The teste of the which maundement ys the xx day of Feverer, the second yeer of his regne.
1467–8. Rolls of Parlt., V. 603/2. Oure said Letters Patentes, wherof the Teste is at Westm’ the xixth day of Juyn.
1542–3. Act 34 & 35 Hen. VIII., c. 26 § 14. The teste of euerye bill and judiciall proces that shall passe undre the saide judiciall Seall, shalbe undre the name of suche of the saide Justices … in lyke maner and forme as is used in the Common Place in Englande.
1577–87. Holinshed, Chron., III. 1245/1. It was doone by the son in the fathers name, and vnder the teste of the son, the father yet being king in shew.
1588. Lambarde, Eiren., II. ii. 106. Which … may bee in the name of the Queene, and vnder the Teste of the Iustice of the Peace, thus … Witnesse the said G. M.
1653. Acts & Ordin. Parl. (1658), 275. From and after the six and twentieth day of December, 1653, the Name, Style, Title and Teste of the ‘Lord Protector … of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereto belonging,’ shall be used, and no other.
1658. Practick Part of Law, 6. This Writ may bear Teste out of the Term.
1672. T. Cory, Course & Pract. Comm.-Pl., 23. of the Teste’s and Retorns of Writs in all Actions real and personal.
1765. Blackstone, Comm., I. ii. 172. No candidate shall, after the date (usually called the teste) of the writs … give any money or entertainment.
1792. Act Congr., in Bouvier’s Law Dict. (1898), s.v., All writs and process issuing from the supreme or a circuit court shall bear teste of the chief justice of the supreme court.
1818. Cruise, Digest (ed. 2), V. 396. It appeared the teste of the warrant of attorney was after appearance.
b. Hence, more generally, a clause stating the name of a witness (as to a charter in writ-form).
1611. Speed, Hist. Gt. Brit., VII. xliv. § 45. 380. His name is continually set downe, as a Witnesse in the testees of his fathers Charters.
c. 1619. in Hardy, Rot. Chart. (1837), Introd. 30. There was some question about the marshalling of these testes in there due place. Ibid. Whether the Duke … should take his place in the teste as Earle of Richmond or Duke of Lenneux.
† c. Evidence, proof. Obs.
1567. Fenton, Trag. Disc., 214. Whyche kynde of courtyng thamarus Luchyn forgatt not too prefer as a testey of hys seruice and a furtherer of his sute.
c. 1585. Faire Em, II. i. 100. Whose glauncing eyes … Giues testies of their Maisters amorous hart.
