C E R 
44. Certhia Parlc-tum, or indigo creeper; fize of the 
laft; irides rufous yellow : the top of the head, neck 
behind, the back, wings, and tail, are of a pale indigo 
blue: over the eye a white hreak, and another of black, 
afliug to the hind head : the throat is white : the break, 
elly, and vent, rufous. Inhabits India. 
45. Certhia Lepida, or yellow-bellied creeper ; fize of 
the canary-bird : bill black : irides red: the forehead 
deep changeable green: behind the eye is a greenifh 
band, patting half-way down the fide of the neck, where 
it is rounded at the end; parallel to and beneath this, 
is a fecond, of glofl'y violet, which is continued on to 
the wing : the throat is red brown : the leffer wing co¬ 
verts violet, with a metalline glois; the others the fame, 
inclining to red : the quills brown : the back, rump, and 
tail, are changeable violet: break, belly, and thighs, 
yellow. 
4 6. Certhia Cantillans, or orange-backed creeper; only 
three inches in length ; bill and irides black ; the upper 
parts of the plumage are blue-grey: throat and fore part 
of the neck the fame, but paler : on- the upper part of the 
back is a fpot of orange yellow ; the break and belly are 
alfo orange yellow : inhabits China. 
47. Certhia Erythrocynchos, or tufted creeper ; length 
four inches; bill black, incurvated : head, neck, and 
back, deep olive ; the feathers edged with dulky : prime 
quills brown : belly and tail black: on each fide of the 
break a tuft of yellow feathers: legs black: inhabits 
Bengal. 
48. Certhia Chryfoptera, or yellow-winged creeper; 
fize very fmall 5 head and neck varied with dulky and 
gold : tongue long, capable of being darted into flowers, 
like that of the humming-bird: wing coverts of a fine 
yellow : quills, tail, and legs, black : inhabits Bengal. 
49. Certhia Longirokra, or long-billed creeper ; length 
five inches; tongue long and millile, as in the lak def- 
cribed : crown and hind part of the neck light green: 
back, wings, and tail, dulky, edged with olive-green : 
fore part of the neck and break white : inhabits Bengal. 
50. Certhia Griiea, or barred-tailed creeper ; fize of a 
titmoufe : the top of the head, neck, back, and wings, 
cinereous grey ; throat, break, and belly, pale rufous; 
quills brown ; tail compofed of ten feathers, cuneiform 
in fhape ; the two middle ones brown, with a black band 
at the end ; the others' grey, with a curved band of 
black near the tip : inhabits China. 
Other recently-difcovered fpecies are : 51. Certhia 
Fulva, or fulvous creeper, from South America. 52. Cer¬ 
thia Undklata, or waved creeper. 53. Certhia Novae 
Hollandise, or New-Holland creeper; it is black, and 
kriped below with white. 54. Certhia Incana, or brown- 
ilh creeper; from New Caledonia. 55. Certhia Armil- 
lata, or bracelet creeper, from Surinam. 
CERTIFICAN'DO de p.ecognitione stapulte, in 
law, a rvrit commanding the mayor of the kaple to certify 
to the lord chancellor a katute kaple taken before him, 
where the party himfelf detains it, and refufeth to bring 
in the fame. Reg.Orig. 152. There is the like writ to 
certify a katute-merchant ; and in divers other cafes. 
Ibid. 148, &c. 
CERTFFICATE,^ [ certficat , low Lat. he certifies.] 
Any tdkimony in writing.—A certificate of poverty is as 
good as a proteftion. VEjirange. 
CERTIFICATE, in law, a writing made in any 
court to give notice to another court of any thing done 
therein ; which is ufually by way of tranfcript. Some¬ 
times it is made by an officer of the fame court, where 
matters are referred to him, or a rule of court is obtained 
for it; containing the tenor andeffedl of what is done. 
The clerks of the crown, affize,nnd peace, are to make 
certificates into B. R. of the tenor of indictments, con¬ 
victions, &c. under certain penalties, by the flat. 34 and 
35 Hen. 8. c. 14. 3 W. & M. c. 9. If a quekion of 
mere lawarifes in the courfe of a caufe in chancery, (as 
whether by the words: of a will, an eftate for life or in 
c E R 47 
tail is created, or whether a future interek devifed by a 
tekator, fhall operate as a remainder, or an executory de- 
vife,) it is the practice of that court, to refer it to the opi¬ 
nion of the judges of the court of king’s-bench, or com¬ 
mon-pleas, upon a cafe kated for the purpofe; wherein 
all the material faffs are admitted, and the point of law 
is fubmitted to their decifion, who thereupon hear it fo- 
lemnly argued by counfel on both fides, and certify then- 
opinion to the chancellor. And upon fuch certificate^ 
the decree is ufually founded. 3 Comm. 453. 
Trial by CERTIFICATE, is allowed in cafes, where 
the evidence of the perfon certifying, is the only proper 
criterion of the point in difpute. Thus, the quekion 
whether one were abfent with the king in his army out 
of the realm, in time of war, might be tried by the cer¬ 
tificate of the marfhal of the king’s holt under feah 
Lilt. 102. If in order to avoid an outlawry, it be al- 
ledged the defendant was in prifon, &c. at Bourdeaux or 
Calais, this, when thofe places belonged to the crown of’ 
England, was allowed to be tried by the certificate of the 
mayor. 9 Rep. 31. a Ro. Ab. 583. And therefore by 
parity of realon, it fliould now hold that in fimilar cafes 
arifing at Jamaica, &c. the trial fliould be by certificate 
from the governor. 3 Comm. 334. 
For matters within the realm ; the cukoms of the city 
of London fhall be tried by the certificate of the mayor 
and aldermen, certified by the mouth of the recorder,, 
upon a furmife from the party alleging it, that it kiould 
be fo tried; elfe it mult be tried by the country, as it 
muk alfo if the corporation of London be a party, or in- 
tereked in the fuit. 1 Injl. 74. 4 Burr. 248. If the,re¬ 
corder has once certified a cultom, the court are in future- 
bound to take notice of it. Doug. 380. In forne cafes 
the Iheriff of London’s certificate fhali be the final trial; 
as if the ilfue be whether the defendant be a citizen of" 
London, or a foreigner, in cafe of privilege pleaded to be 
fued only in the. city courts. 1 Injl. 74. Of a nature 
fomewhat fimilar to which is the trial of the privilege of 
either Univerfify, when the chancellor claims cognizance 
of the caufe ; in which cafe the charters confirmed by- 
parliament, allow the quelliorr to be determined by the 
certificate of the chancellor under feal. But in cafe of an. 
ilfue between two parties themfelves, the trial fhall be by 
jury. 2 Ro. Ab. 583. 3 Comm. 335. 
In matters of eccleliakical jurifdiiSfion, as marriage, 
general baftardy, excommunication, and orders, thefe and 
otheriike matters fhall be tried bythe bifhop’s certificate.. 
Ability of a clerk prefented, admiffion, inkitution and 
deprivation of a clerk, fhall alfo be tried by certificate 
from the ordinary or metropolitan. 2 Injl 632. Show 
P. C. 88. But inclusion fhall-be tried by a jury ; being 
the corporal invekiture-of the temporal profits. Dy. 229. 
Refignation of a benefice may be tried either way-, but 
feems mok properly to fall within the bifhcp’s cogni¬ 
zance. 2 Ro. Ab. 583. 3 Comm. 33.6. The trial of all 
cukoms and practice of the courts fhall be by certificate 
from the proper officer cf thofe courts rel’peftiveiy ; and 
what return, was made on a writ by a fheriffor under- 
fheriff, {hail be only tried by his own certificate. 9 Rep > 
31. The certificate of the commiffioners for hating the 
army debts, is cohclufive evidence, if made by them,yfrr 
ting as commiffioners. 1 Stra. 481. 56 S. For certificates of 
cojls of bankrupts, or relative to the fettlement of the poor, 
fee thofe articles. There is alfo another kind of certifi¬ 
cate, which is required to be taken out annually, as an 
authority for wearing hair-powder, killing game, ufing 
armorial-bearings, &c. SeeG ame-laws,HeR aldry,&c. 
To CER'TIFY, *v. a. [certifier , French.}. To give cer¬ 
tain information of.—This is defigned to certify thofe 
things that are confirmed of God’s favour.. Hammond. 
—It has of before the thing told,.after the perfon told : 
as, I certified you of the faff. 
CERTIORATE f. in law, an original writ,iffiiing out 
of the court of chancery or king’s-bench, directed in, 
the king’s name to the judges or officers of inferior courts, 
commanding 
