TESSĔRA (κύβος), a square or cube; a die; a token. The dice used
in games of chance were tesserae, small squares or cubes, and were
commonly made of ivory, bone, or wood. They were numbered on all
the six sides, like the dice still in use; and in this respect
as well as in their form they differed from the _tali_. [TALUS.]
Whilst four tali were used in playing, only three tesserae were
anciently employed. Objects of the same materials with dice, and
either formed like them, or of an oblong shape, were used as tokens
for different purposes. The _tessera hospitalis_ was the token of
mutual hospitality, and is spoken of under HOSPITIUM. This token was
probably in many cases of earthenware, having the head of Jupiter
Hospitalis stamped upon it. _Tesserae frumentariae_ and _nummariae_
were tokens given at certain times by the Roman magistrates to the
poor, in exchange for which they received a fixed amount of corn or
money. From the application of this term to tokens of various kinds,
it was transferred to _the word_ used as a token among soldiers.
This was the _tessera militaris_, the σύνθημα of the Greeks. Before
joining battle it was given out and passed through the ranks, as a
method by which the soldiers might be able to distinguish friends
from foes.
TESTĀMENTUM, a will. In order to be able to make a valid Roman will,
the Testator must have the Testamentifactio, which term expresses
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: Peregrini 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, surdi, furiosi, and prodigi “quibus lege
bonis interdictum est” had not the testamentifactio. In order to
constitute a valid will, it was necessary that a heres should be
instituted, which might be done in such terms as follow:--Titius
heres esto, Titium heredem esse 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 Testamentum 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 dabat_) his Familia, that is,
his Patrimonium 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 expressions prima, secunda cera are equivalent to
prima, secunda pagina. The will must have been in some way so marked
as to be recognized, and the practice of the witnesses (_testes_)
sealing and signing the will at last became common. It was necessary
for the witnesses both to seal (_signare_), 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 (_resignare_) in due form. The witnesses 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.