... Theses hasce miscellaneas ex iure decerptas

THESIS I.

We shall begin with a question much debated among the Doctors: namely, whether the favor afforded to dowries is greater than that afforded to maintenance. Bartolus, indeed, maintains that the case for maintenance and for dowries proceeds from an equal footing. Cynus, however, endeavors to argue that maintenance is more favorable than a dowry, while Abbas contends for the contrary. We profess that, if received sincerely, it is rightly established by them all.

II.

Our law does not suffer the same person to have died both testate and intestate among pagans—a rule that is true not only with respect to goods but also with respect to time. For an heir can be appointed neither from a certain time nor to a certain time, and he who has once been made an heir cannot cease to be an heir. Hence the question: Whether a testator can prohibit the right of accretion, and thereby cause someone to die partly testate and partly intestate; which is denied.

III.

A testament drawn up between children is not revoked by a subsequent one made among strangers, unless a special derogatory clause is expressed in the second; for a general one does not suffice.

IV.

If a notary or another private person has written a testament without the dictation of the testator, and has read it to the testator in the presence of witnesses, and [has...] the testator in-