(Trial by), in the law of England, a species of trial allowed in such cases where the evidence of the person certifying is the only proper criterion of the point in dispute.* For when the fact in question lies out of the cognizance of the court, the judges must rely on the solemn averment or information of persons in such a station as affords them the most clear and competent knowledge of the truth. As therefore such evidence, if given to a jury, must have been conclusive, the law, to save trouble and circuitry, permits the fact to be determined upon such certificate merely. Thus, 1. If the issue be whether A was absent with the king in his army out of the realm in time of war, this shall be tried by the certificate of the marshal of the king's host in writing under his seal, which shall be sent to the justices. 2. If, in order to avoid an outlawry, or the like, it was alleged that the defendant was in prison, ultra mare, at Bordeaux, or in the service of the mayor of Bordeaux, this should have been tried by the certificate of the mayor; and the like of the captain of Calais. But when this was law, those towns were under the dominion of the crown of England. And therefore, by a parity of reason, it should now hold, that in similar cases arising at Jamaica or Minorca, the trial should be by certificate from the governor of those islands. We also find that the certificate of the queen's messenger, sent to summon home a peer of the realm, was formerly held a sufficient trial of the contempt in refusing to obey such summons. 3. For matters within the realm; the customs of the city of London shall be tried by the certificate of the mayor and aldermen, certified by the mouth of their recorder; upon a surmise from the party alleging it, that the custom ought to be thus tried: else it must be tried by the country. As, the custom of distributing the effects of freemen deceased; of enrolling apprentices; or that he who is free of one trade may use another; if any of these, or other similar points come in issue. 4. The trial of all customs and practice of the courts shall be by certificate from the proper officers of those courts respectively; and what return was made on a writ by the sheriff or under-sheriff, shall be only tried by his own certificate.