T H E S I S

I.

An ornamental woodcut initial N features floral and vine motifs within a square border.Nothing is more owed to men than that the stylus of their final will, once they are no longer able to desire anything else, should be free, and that their judgment, which does not return again, should be permitted.

II.

According to Modestinus, a testament is the just expression of our will regarding that which one wishes to be done after his death.

III.

Furthermore, in ancient law there were three types of testaments: one called calatis comitiis made in the assembly of the people, another in procinctu made in preparation for battle, and a third called per aes et libram by bronze and scale. These having been commanded to be valid, today there is one type of civil testament and another military testament.

IIII.

The civil testament is that which is made at home, outside of military service. And this, in turn, divides into two species: written and unwritten.

V.

It is called written when the testator puts his will into writing, having observed the solemnity of the law. It is unwritten, or nuncupative oral declaration, when the testator declares his will by living voice in the presence of witnesses.

VI.

A military testament is that which is made by a soldier occupied in an expedition, with no solemnities employed.

VII.

Both males and females may make a testament, provided that they are of age and of their own right (sui iuris under their own legal control), and are not prohibited by law.

VIII.

Some are prohibited on account of a defect in their power and because they do not have free administration of their affairs: