testimonial

In the nature of testimony. Evidence is said to be testimonial when elicited from a witness in contrast to documentary evidence or real evidence. Besides its ordinary meaning of a written recommendation to character, "testimonial" has a special meaning, under St. 39 Eliz., c. 17, No. 3, passed in 1597, under which it signified a certificate under the hand of a justice of the peace, testifying the place and time when and where a soldier or mariner landed, and the place of his dwelling or birth, unto which he was to pass, and a convenient time limited for his passage. Every idle and wandering soldier or mariner not having such a testimonial, or willfully exceeding for above fourteen days the time limited thereby, or forging or counterfeiting such testimonial, was to suffer death as a felon, without benefit of clergy. This English act was repealed, in 1812, by St. 52 Geo. Ill, c. 31

See also

- testimonial evidence

- testimony

@ testimonial proof

In the civil law, proof by the evidence of witnesses, i.e., parol evidence, as distinguished from proof by written instruments, which is called "literal" proof.

See evidence

@