T E S 



fonner of which, when no oppofition is made, are granted 

 merely f.v officio et ihbito jujlitia, and are then the objeft of 

 what is called the voluntary, and not the contentious junfdic- 

 tion. But when a caveat is entered againll proving the will 

 or granting adminiftration, and a fuit thereupon follows, in 

 order to determine either the validity of the teftaaoent, or 

 who hath a right to the adminiftration, this claim and obftruc- 

 tion are remedied by the fentence of the fpiritual court, 

 either by eftablilhing the will, or granting the adminiftra- 

 tion. Blackftone's Com. vol. ii. See SuBTRACxroN of 



Lfgacits. 



Testamentary Guardian, Succejfion, and Tutorage. See 

 the fubftantives. 



TESTAMENTO Annexo, Admmijlration cum. If a 

 teftator makes his will, without naming any executors, or if 

 he names incapable perfons, or if the executors named refufe 

 to aft ; in any of thefe cafes, the ordinary mull grant admi- 

 niftration cum tejlamento annexo, to fome other perfon. 



TESTAMENTS oftheTwehe Patriarchs, mEcclefiaftical 

 Hiftory, a kind of apocryphal orfuppofititious book, in vi'hich 

 thofe patriarchs are introduced, fpeaking their laft dying 

 words, containing prediftions of things future, and rules of 

 rirtue and piety ; which they deliver to their fons as a choice 

 treafure, to be carefully preferved, and to be delivered by 

 them to their children. We have feveral editions of thefe in 

 Latin ; they were firll pubUftied in Greek, by Grabe, and 

 from his edition repubhftied by Fabricius ; and tranflated 

 into Enghfh by Mr. Whifton. Cave places the anonymous 

 author of this book in the year 192, or nearer the beginning 

 of the fecond century. They arc cited by Origen, and, 

 therefore, were probably written before his time. Grabe 

 thinks they were written before the time of our Saviour, and 

 afterwards interpolated by a Chriftian. But Mr. Whifton 

 afterts, that they are really genuine, and one of the facred 

 apocryphal, or concealed books of the Old Teftament. 

 Cave fuppofcs that this book was written by a judaizing 

 Chriftian ; Grabe apprehends that it was written in He- 

 brew : Beaufobre is of opinion that it was forged at the end 

 of the firft, or beginning of the fecond century, by fome 

 Chriftian converted from Judaifm, and he fufpefts that the 

 author was an Ebionite, and that he believed Jefus to be the 

 fon of Jofeph and Mary. Dr. Lardner is pofitive that thefe 

 teftaments are not the real laft words of the twelve patri- 

 archs ; but the clear knowledge of Chriftian affairs and 

 principles ftiews this book to have been written, or elfe very 

 much interpolated, after the publication of the Chriftian 

 religion. He fays, there is nothing in this work that might 

 not have been written by a learned Jew of the fecond cen- 

 tury or later, though he thinks that the author was a Chrif- 

 tian, and well verfed in the Jewifh learning : and moreover 

 he is of opinion, that he is placed early enough by Cave, at 

 the year 192. Lardner's Works, vol. ii. 



TESTATOR, or Testatrix, the perfon who makes 

 his or her will and teftament. 



M. Gillet (hews, that a perfon incapable of a legacy can- 

 not demand any fum which the teftator in his teftament de- 

 clares himfelf indebted to him in ; in regard fuch a declara- 

 tion of debt is prefumed a fraud againft the intention of 

 the law. 



TESTATUM, in Law, a writ in pcrfonal aftions ; 

 where, if the defendant cannot be arrefted on a capias in the 

 county where the aftion is laid, but is returned non ejl in- 

 ventus by the (heriff, this writ ftiall be fent into any other 

 county, where fuch perfon is thought to be, or to have 

 wherewithal to fatisfy the demand. 



It is called tejlatum, becaufe the (heriff has before tefti- 

 iied, tliat the defendant was not to be found in his bailiwick. 



T E S 



TESTE, a term commonly ufed in the clofe of a writ, 

 where the date is contained, which begins with Tejle meipfo, 

 if it be an original writ ; or, if judicial, Tejle, the lord chief 

 jujlice, &c. according to the court whence it comes. In 

 fome ancient formulas, we read Tejle cnjlode Angliic. There 

 muft be at leaft fifteen days between the tefte and return of 

 every procefs awarded from the king's bench into any 

 foreign county. See Writ. 



TESTENICH, in Geography, a fmall illand in the gulf 

 of Venice. N. lat. 44° 54'. E. long. 14'' 47'. 



TESTER. See Teston. 



TESTES, Testiculi, in j^no/awy ; quia virilitatem tef- 

 tantur ; glandular bodies, peculiar to the male fex of animals, 

 ferving the office of fecreting the fecundating fluid : hence 

 their removal deprives an animal of the power of propagating 

 its kind. See Generation, Male Organs of. . 



The teftes are wanting in moil of the fith kind. The fpinofe 

 fifties in general have neither teftes nor paraftatas ; but all 

 the cetaceous fifties have them, and not a few of the cartila- 

 ginous kinds. Thofe fifti that have them, have always two, 

 as in land-animals ; but they differ much in figure and fituation 

 in the feveral kinds, particularly in the whale and flat-fifti. 

 See Anatomv of Fish. 



Testes of the Brain, two fmall hemifperical eminences, 

 fituated at the pofterior and inferior afpeft of the optic 

 thalami, and now more generally known, together with two 

 very fimilar Ones immediately above them, by the name of 

 tubercula quadrigemina. See Brain. 



Testes Synodales. See Synodales. 



TESTI, FuLVio, Count,' in Biography, an Italian poet, 

 was born in 1593, at Ferrara, and fetthng, when young, at 

 Modena, he rofe to the higheft offices and honours of the 

 ftate. Neverthelefs, alternate profperity and adverfity vifited 

 him : inconftant and ambitious, he fell into difgrace with 

 Francis I. who imprifoned him in the citadel of Modena, 

 where he died in 1646. His poems are chiefly of the lyric 

 clafs. The produtiions of his maturer judgment are dif- 

 tinguiftied above thofe of his contemporaries for vigour and 

 poetical fpirit ; and fome of them, with refpeft to elevation 

 of fentiment and beauty of imagery, will bear comparifon 

 with the productions of the bcft Italian poets. He alfo 

 attempted tragedy in two compofitions, intitled " Arfinda," 

 and " L'Ifola d'Alcina;" but their ftyle is lyric rather 

 than dramatic compofition. Tirabofchi. Gen. Biog. 



TESTIBUS Hiis. See Hiis. 



TESTICLE, Testis, in Anatomy. See Generation. 



Testicle, Difeafed, in Surgery. See Sarcocele, Hy- 

 drocele, Fungus of the Tejlicle, Fungus Httmatodes, 

 Hernia Humoralis, &c. 



Testicle, Operation of removing. See Castration. 



TESTIGOS, Los, in Geography, a clufter of fmall 

 iflands, about ten leagues from the continent of South Ame- 

 rica, and the fame diftayce from the ifland of Grenada. N. 

 lat. 11° 25'. W. long. 62'^ 5'. 



TESTIMON, a town of Pruffia, in the province of 

 Ermeland ; 16 miles S.S.E. of Hilft)erg. 



TESTIMONIAL, a kind of certificite, figned either 

 by the mailer and fellows of the college, where a perfon laft 

 refided, or by three, at leaft, reverend divines, who knew him 

 well for three years laft paft ; giving an account of the con- 

 dutt and learning of the perfon. 



Such a teftimonial is always required before holy orders 

 are conferred ; and the biftiop even ordinarily demands one 

 of a prieft; before he admits him to a benefice. 



Testimonial is alfo a certificate under the hand of a 

 juftice of peace, teftifying the time and place when and where 



I a loldicr 



