A Dictionary of the Older Scottish Tongue (up to 1700)
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First published 1986 (DOST Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.
Probative, adj. Also: (probabative). [e.m.E. probative (1624), late ME probatiffe (1453), serving for trial or probation, probationary, L. probātīv-us pertaining to proof.]
1. a. Of a witness to a document: That serves to validate or authenticate the document. b. Of a document: That contains its own evidence of validity or authentication, without need of additional verification. c. Of a recorded confession: That may be treated as valid as it stands.a. 1681 Acts VIII 242/2.
Witnesses insert in writes although not subscryving are probative witnesses Ib. 243/1.
None but subscryving witnesses shall be probative in executions of messingers [etc.]b. 1681 Stair Inst. (1693) iv xlii §4.
In the ruder times when few could write the subscription of the party with witnesses insert, though not subscribing, made a probative writ, which was of great inconvenience for if the witnesses died the direct manner of improbation was lost Ib. § 15.
Missive letters are probative, except where they relate to more solemn writs, such as bonds, bills or accompts Ib. §9, etc.c. 1685 Acts VIII 463/1.
All confessions … shall be as probative to assizes as if the same had been emitted in presence of the assize
2. Of a witness: That can supply confirmation or proof in a legal case.1697 Lanark Presb. 130.
The presbytrie being certainly informed that the probabative [sic in pr.] witnesses against him are for present in England
