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

XXIII.

For if a soldier makes a testament in the very heat of battle and at the extreme risk of his life, he may make his will how he can and how he wishes, to such an extent that if he notes down what he desires to be done after his death upon a scabbard, a shield, or any other material with letters glowing in his own blood, or writes it in the dust with his sword, the testament will be valid.

XXIV.

But if he makes his will in camp, perhaps while sick, it is sufficient if he reveals his final wish before two witnesses, even if they were not requested for this purpose, although the contrary view is held by many.

XXV.

However, since in human affairs there is almost nothing so firm that it cannot, if not rescinded, at least be weakened in some way, it comes to pass that a testament made rightly and legally and which is firm may sometimes be either weakened or rescinded.

XXVI.

Under civil law, a just testament is weakened not only because the testator later decided he did not want it to be valid, but if it is broken or rendered void.

XXVII.

It is broken in two ways: first, by the birth of a suus heres an immediate heir/successor under one's direct authority; second, by a subsequent testament completed according to law.

XXVIII.

Nor can anyone, according to the jurist Hermogenianus, set such a law for himself that he is not permitted to depart from a prior testament.

XXIX.

It is rendered void primarily in these ways: 1. By the inheritance not being entered. 2. By capitis diminutio a change in legal status that the testator suffered after the testament was made. 3. If the testator deliberately erased, crossed out, or wrote over the testament or a part of it.