Legal Definitions - testis

The term testis is a historical legal term that refers to a witness. In ancient and historical legal contexts, a testis was an individual who provided testimony or evidence based on what they personally saw, heard, or experienced, thereby confirming facts or events. The plural form of testis is testes.

Here are some examples illustrating the historical use of this term:

• Example 1: Witnessing a Contract

  Imagine two merchants in ancient Rome finalizing a significant trade agreement. They might invite several respected citizens to be present during the negotiation and the signing of the agreement. These invited citizens would serve as testes, meaning they were witnesses to the contract's formation. Their presence and observation would lend credibility to the agreement and allow them to later confirm its terms if any dispute arose between the merchants.

• Example 2: Verifying a Will

  Consider a wealthy landowner in medieval England dictating his last will and testament. He might gather his family members, a local priest, and a scribe to hear his wishes and observe him affixing his seal to the document. In this scenario, the family members, priest, and scribe would function as testes. Their role was to attest that the will genuinely reflected the landowner's intentions and that it was executed without coercion, providing crucial evidence of its authenticity after his death.

• Example 3: Observing a Public Proclamation

  In a 16th-century European town, a new royal decree might be publicly read aloud by a town crier in the market square. Several townspeople, including local officials and ordinary citizens, would gather to listen. These individuals, having heard the proclamation directly, could later be called upon as testes to confirm that the decree was indeed announced publicly on a specific date. This would be important if there were questions about whether the populace had been properly informed of the new law.