De testamentis et de his, qui testamenta facere non possunt: theses XL

men and tenant farmers coloni tenant farmers possess.

XXI.

It follows from this that the will of a person who is among enemies, since he is a slave to the enemy, is invalid, even if he has returned.

XXII.

However, those captured by brigands, or in a civil and not a formal war, since they remain free, can make a will.

XXIII.

Similarly, hostages who are given to ensure the keeping of a promise cannot make a will, since they are also subject to, as it were, the law of another.

XXIV.

For the same reason, monks who are under the authority of an Abbot are unable to make a will.

XXV.

Likewise, those who doubt or are mistaken regarding their own status cannot make a will.

XXVI.

Furthermore, there are certain persons to whom it is not permitted to make a will due to the infirmity of their judgment or alienation of mind.

XXVII.

Among this number, the first is the minor impubes a child under the age of puberty, who, even if he is a soldier and even close to puberty, still cannot make a will; not even for pious causes.

XXVIII.

We judge this to be so true that it cannot be decided otherwise by any privilege or statute, unless it concerns that minor who is capable of malice and possesses understanding.

XXIX.

But even more so, the mentally incapacitated and the insane are prohibited from making a will.