Testes
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
TRIAL PER
A trial had before a judge without the intervention of a jury, in which the judge is left to form in his own breast his sentence upon the credit of the witnesses examined; but this mode of trial, although it was common in the civil law, was seldom resorted to in the practice of the common law, but it is now becoming common when each party waives his right to a trial by jury. Brown. See "Trial." TESTIBUS DEPONENTIBUS IN PARI numero dignioribus est credendum. When the number of witnesses is equal on both sides, the more worthy are to be believed.
4 Inst. 279.