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

he can neither write nor see letters, nevertheless, through a nuncupatio oral declaration, having observed the form prescribed by Emperor Justin, he can establish the directives of his will.

X V I.

Although we may bequeath the goods of others, the laws do not allow testaments to be made except regarding one's own property.

X V I I.

Furthermore, in order for a written testament to be firm and ratified, certain solemnities were introduced by law to avoid fraud; if these are not employed, the testament is invalid.

X V I I I.

It is required, therefore, that a testament written in full letters, in which there is principally the institution of an heir, be subscribed and sealed by the testator or another in his name (unless he wrote it with his own hand) in the presence of the testator, and that the testator signify, before seven suitable witnesses—all present at the same time—that this is his supreme will.

X I X.

Witnesses, indeed, must be specifically summoned for this purpose; they must later subscribe to it themselves and seal the testament.

X X.

In a nuncupative testament, such solemnity of writing is not required; but here it is sufficient if the testator, before seven summoned witnesses, openly declares an heir and reveals his last will.

X X I.

It also pertains to the form of testaments that both the written and the unwritten must be completed in one act and in one continuous proceeding.

X X I I.

For soldiers, however, because of their extreme lack of skill and the performance of dangers, this diligent observation of testaments has been remitted.

X X I I I.