T H E S E S

On Testaments.

1. A testament is the just and solemn declaration of our will concerning the alienation of our entire right to one or more persons after our death.

2. This same [instrument] was introduced by the origin of the Law of Nations, and is called a testament as if it were a testimony of the mind.

3. Formerly, there were three kinds of testaments: one used in peace, which was made in the Calata Comitia; another used when war was raging, which was called in procinctu (in battle readiness); and afterwards a third, which was called per aes et libram (by copper and scales).

4. Furthermore, the praetor later introduced another form of testament through the sealing of seven witnesses. Truly, all these types of both Civil Law and praetorian law became obsolete as time proceeded, and only a few traces of the solemnities remained.

5. From these, two others derived, which, having been confirmed by the constitutions of princes, are in common use today; of these, the one is drawn up in writing, the other is spoken by word of mouth.

6. That which consists of writing has such a form that, with the will commanded to writing in the presence of seven invited witnesses, the institution of an heir is made, either by the testator or by someone else, and it is subscribed by the same witnesses and the testator, and sealed with one’s own or another’s signet ring.

7. A nuncupative testament is one which, although it can be reduced to writing, nevertheless has this peculiarity, that without the solemnity of writing...