TESTĀMENTUM

a will. In order to be able to make a valid Roman will, the Testator must have the Testamentifactio, which term expre es the legal capacity to make a valid will. The testamentifactio was the privilege only of Roman citizens who were patresfamilias. The following persons consequently had not the testamentifactio: those who were in the Potestas or Manus of another, or in Mancipii causa, as sons and daughters, wives In manu and slaves: Latini Juniani, Dediticii: Peregrin i could not dispose of their property according to the form of a Roman will: an Impubes could not dispose of his property by will even with the consent of his Tutor; when a male was fourteen years of age, he obtained the testamentifactio, and a female obtained the power, subject to certain restraints, on the completion of her twelfth year: muti, surd i, furiosi, and prodigi “ quibus lege bon is inter dictum est ” had not the testamentifactio. In order to constitute a valid will, it was nece ary that a heres should be instituted, which might be done in such terms as follow:—Titius heres esto, Titium heredem e e jubeo. [ Heres ( Roman. )] Originally there were two modes of making wills; either at Calata Comitia, which were appointed twice a year for that purpose; or in procinctu , that is, when a man was going to battle. A third mode of making wills was introduced, which was effected per aes et libram , whence the name of Test amentum per aes et libram. If a man had neither made his will at Calata Comitia nor In procinctu, and was in imminent danger of death, he would mancipate ( mancipio dab at ) his Familia, that is, his Pat rim onium to a friend and would tell him what he wished to be given to each after his death. There seems to have been no rule of law that a testament must be written. The heres might either be made by oral declaration ( nuncupatio ) or by writing. Written wills however were the common form among the Romans at least in the later republican and in the imperial periods. They were written on tablets of wood or wax, whence the word “ cera ” is often used as equivalent to “ tabella ;” and the expre ions prima, secund a cera are equivalent to prima, secund a pagina. The will must have been in some way so marked as to be recognized, and the practice of the witne es ( testes ) sealing and signing the will at last became common. It was nece ary for the witne es both to seal ( sign are ), that is, to make a mark with a ring ( annulus ) or something else on the wax and to add their names ( adscribere ). Wills were to be tied with a triple thread ( linum ) on the upper part of the margin which was to be perforated at the middle part, and the wax was to be put over the thread and sealed. Tabulae which were produced in any other way had no validity. A man might make several copies of his will, which was often done for the sake of caution. When sealed, it was deposited with some friend, or in a temple, or with the Vestal Virgins; and after the testator’s death it was opened ( resign are ) in due form. The witne es or the major part were present, and after they had acknowledged their seals, the thread ( linum ) was broken and the will was opened and read, and a copy was made; the original was then sealed with the public seal and placed in the archium, whence a fresh copy might be got, if the first copy should ever be lost.