[IDEM libro trigesimo nono ad edictum. ] §28.1.22.prAd testium numerum simul adhiberi possumus ut ego et pater et plures, qui fuimus in eiusdem potestate.
[BY THE SAME AUTHOR, in the thirty-ninth book on the Edict.] To make up the number of witnesses, we can be employed at the same time, such as myself and my father and several others, who were under the same power.
§28.1.22.1Condicionem testium tunc inspicere debemus, cum signarent, non mortis tempore: si igitur cum signarent, tales fuerint, ut adhiberi possint, nihil nocet, si quid postea eis contigerit.
We must inspect the status of the witnesses at the time when they signed, not at the time of death; if, therefore, when they signed, they were such as could be employed, it is of no detriment if anything has happened to them afterwards.
§28.1.22.2Si ab ipso testatore anulum accepero et signauero, testamentum ualet, quasi alieno signauerim.
If I receive a ring from the testator himself and sign with it, the testament is valid, just as if I had signed with another's ring.
§28.1.22.3Si signa turbata sint ab ipso testatore, non uidetur signatum.
If the seals have been disturbed by the testator himself, it is not considered to be signed.
§28.1.22.4Si quis ex testibus nomen suum non adscripserit, uerumtamen signauerit, pro eo est atque si adhibitus esset: et si, ut multi faciunt, adscripserit se, non tamen signauerit, adhuc idem dicemus.
If any of the witnesses has not written his name, but nevertheless has sealed, he is in the same position as if he had been employed; and if, as many do, he has written his name but nevertheless has not sealed, we shall still say the same.
§28.1.22.5Signum autem utrum anulo tantum inpressum adhibemus, an uero et si non anulo, uerum alio quodam inpresso? uarie enim homines signant.
But do we accept a seal only when impressed with a ring, or indeed even if not with a ring, but with some other object impressed? For men seal in various ways.
et magis est, ut tantum anulo quis possit signare, dum tamen habeat χαρακτῆρα.
And it is more accepted that one can seal only with a ring, provided however that it has a distinctive mark.
§28.1.22.6Posse et nocte signari testamentum nulla dubitatio est.
There is no doubt that a testament can also be sealed at night.
§28.1.22.7Signatas tabulas accipi oportet et si linteo, quo tabulae inuolutae sunt, signa inpressa fuerint.
The tablets must be accepted as sealed even if the seals have been impressed upon the linen cloth in which the tablets are wrapped.