Testamentum in Europe

Definition of Testamentum

A will. There were the following varieties: (a) Calatis comitiis, made in time of peace in the comitia curiata twice a year. (b) Product urn, made in time of war in the field by the army in fighting order, (c) Per aes et libram : By the copper and the scales. The testator alienated by mancipatio his estate in early times to the heir, and temp. Gaius, to another person (familice emptor) who represented the heir. The testator then announced his wishes orally or by written tablets, called the nuncupatio. (d) Prcctoinanum. The Praetors protected by bonorum possessio the persons intended to be benefited, if the will was sealed by seven witnesses, although there had been no nuncupatio. (e) Tripertitum : Of triple origin. From the civil law was derived the necessity for the witnesses’ presence together at the same time ; from the Imperial Constitutions the signatures (subscriptiones) of the testator and witnesses ; from the Praetorian edict, the seals and the number of seven witnesses. (f) Militare. A will made by a soldier on actual service, in writing or orally, without any formality. (Roman law.)

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Definition of Testamentum is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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