Divina favente gratia: Impetrato consensu amplissimi ordinis Iureconsultorum in celeberrima Academia Basiliensium, subsequentes de testamentis Conclusiones pro gradu Doctoris in utroque Iure consequendo, publice defendere conabitur Andreas Cludius Osterodensis, Saxo

as are children under parental power, slaves, those captured by enemies, hostages, monks, and also those who are in doubt regarding their legal status.

IX.

Secondly, some are prohibited on account of a lack of mind and judgment: such as those below the age of puberty, the insane, the mentally incapacitated, and spendthrifts who have been interdicted from the administration of their own goods.

X.

Thirdly, by reason of punishment, the ability to make testaments has been removed from some: such as those committing the crime of high treason (laesa maiestas injured majesty), those condemned to death, those condemned for a defamatory libel, those having suffered the maximum or middle loss of status (capitis diminutio loss of legal status), heretics, and manifest usurers, unless they make satisfaction for the usury.

XI.

However, it has pleased some interpreters that the testaments of the condemned remain valid by reasonable custom: unless the forfeiture of goods also adheres to the condemnation.

XII.

Finally, on account of a significant defect of the senses, a person who is both deaf and mute by nature can compose neither a testament nor any other last will. However, where the calamity of such a defect does not happen to someone naturally, but a disease subsequently supervenes that has taken away the voice and closed the ears, these, if they have knowledge of letters, are permitted to make a testament.

XIII.

A person who is only deaf, whether by accident or by nature, can make a testament indiscriminately: nor does it matter whether he knows letters or is ignorant of them.

XIIII.

A person who is only mute, whether naturally or if such misfortune has come to him through the intervention of a disease, can make a testament only if he is skilled in letters.

XV.

Although a blind person cannot make a testament in writing, since