Legal Definitions - his testibus

The Latin phrase his testibus translates to "these being witnesses." Historically, it was a standard legal term used in England until approximately the 16th century.

This phrase typically appeared as a concluding clause in formal legal documents such as deeds and charters. Its purpose was to introduce the names of the individuals who were present and observed the signing or execution of the document, thereby attesting to its authenticity and validity.

Here are some examples illustrating its historical application:

• Imagine a medieval lord granting a parcel of land to one of his knights. The formal written document, or deed of feoffment, would meticulously describe the land and the terms of the grant. At the very end, before the lord's seal, the deed would state his testibus, followed by the names of his trusted steward and a neighboring baron. This indicated that the steward and the baron were present and witnessed the lord's formal act of granting the land, lending credibility to the transaction.

• Consider a 14th-century royal charter issued by a king to a burgeoning town, granting it certain rights and freedoms, such as the right to hold a market or establish a guild. This important document, which would be carefully preserved by the town, would conclude with the phrase his testibus. Following this, it would list the names of several high-ranking royal officials and perhaps the Archbishop of Canterbury, signifying their presence at the charter's proclamation and their acknowledgment of the king's decree.

• Picture a 15th-century agreement for the sale of a valuable mill and its associated water rights between two prominent landowners. The written contract, drafted by a scribe, would detail the terms of the sale, the payment, and the transfer of ownership. To ensure the agreement was beyond dispute, it would conclude with his testibus, followed by the names of the local sheriff and a respected clergyman. Their inclusion served as official confirmation that they had observed both parties agree to and sign the contract, thereby validating the transaction in the eyes of the community and the law.