By this act the testator, in the presence of five witnesses and the _libripens_, transferred the whole of his patrimony (_familia_) into the custody and guardianship of a person called “the purchaser of the family” (_familiae emptor_). In order to make a legal disposition of his property the vendor makes a formal announcement of the purport of the sale, and the buyer, as he pays the single copper coin for the patrimony, repeats the same form of words, “Let my custody and guardianship of your patrimony be purchased by this coin, to the effect that you may make a legal testament in accordance with public law.”[108] The words, which may not represent the most ancient formula, show that the _familiae emptor_ is a mere trustee. Although the transference does not appear to have been conditioned by any express stipulation on the part of the vendor,[109] it was understood that it should only take effect on the death of the testator. On this the _familiae emptor_ becomes guardian of the patrimony. He is not an heir but an executor, who distributes the property in accordance with the instructions of the testator from whom he has purchased. The second stage is reached by the added importance given to the form of instruction (_nuncupatio_) uttered by the vendor. The Twelve Tables gave absolute validity to such instructions,[110] and the mere expression of the will of the testator came to be considered the essential part of the testament. In this announcement a true heir (_heres_) could be mentioned, and the _familiae emptor_ sinks into the background. It is true that his presence is still necessary to the ceremony; he still professes to take the patrimony into his guardianship; but, like the man who holds the scales and the five witnesses, he is merely a formal assistant. The testament has ceased to be a contract; it is a one-sided expression of will and an arbitrary disposition of property. It may be either verbal or written; the last stage in the history of the civil testament is reached when the testator is allowed to exhibit a document to the witnesses of the mancipation with these words, “These waxen tablets contain my will and bequest; I ask you, Quirites, for your testimony.”[111] Thus at a very early stage of Roman history, perhaps as early as the middle of the fifth century B.C., a man could exercise the most absolute power over the disposal of his goods. The only limitation was that the direct heirs (_sui heredes_) must be formally disinherited if they were to lose their rights. A mere passing over of a _filius familias_ without formal disinheritance (_exheredatio_) rendered the will invalid; and in this case the _sui_ succeeded to the vacant estate.