Consuetudines Feudorum, partim ex editione vulgata, partim ex Cujaciana nunc primum vulgatae apposita. Constitutiones Friderici II. Imp. Extravagantes. Liber de pace Constantiae. Haec omnia notis ill

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¶ And because we have seen about the persons, let us see what beginnings they had previously. For in the most ancient time it was so connected to the power of the lords that, when they wished, they could take away the property given in feud by them. But afterwards it came to be that they had stability only for a year: then it was decreed that it should be extended for the life of the faithful [vassal]. But since this did not pertain by right of succession to the sons, it progressed in such a way that it should descend to the sons; namely, to whomever the lord wished to confirm this benefice, which today is so established that it comes to all equally.

a Hotomanus contends it should be read Lotharius, but against the authority of all copies. Ch.
b i.e., vassals. Ch.
c i.e., without a male son. Cf. even a client, Book 1, title 13. Pac.

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¶ But when Conrad ^a was setting out for Rome: it was requested by the faithful ^b who were in his service, that, by a law promulgated by him, he might deign to extend this even to grandsons by a son; and that a brother might succeed a brother in a benefice that was their father's, if he died without a legitimate heir ^c [or a son]. But if one of the brothers had received a feud from the lord: upon his dying without a legitimate heir, his brother does not succeed in the feud. And even if they received it jointly, one does not succeed the other: unless it was expressly stated: namely, that upon the death of one without a legitimate heir, the other should succeed. But if an heir is left, the other brother will be excluded.

d This passage is poorly punctuated in the common editions. Pac.
e It is added in the ancient book, as Isernias and Cujacius attest, because they cannot raise a feud or engage in battle.

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¶ But it must be noted that although daughters, like males, succeed their fathers by law, ^d yet they are excluded from the succession of a feud ^e: likewise also their sons; unless it was specifically stated that it should pertain to them.

f Others add this. And some interpret 'benefice' as the liberality of Conrad: but Cujacius takes 'benefice' for a feud. Ch.
g Others say 'degree,' but the excused reading agrees with the manuscript books. Ch.

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¶ This also must be known, that a benefice ^f does not advance in succession to those coming from the side beyond first cousins, according to the usage established by the ancient wise men: although in modern times it has been usurped up to the seventh degree. ^g Which, in male descendants, by new law, is extended to infinity.

¶ It must be noted, however, that that benefice which is bestowed upon others by the king's captains, and by the king's [or kingdom's] valvassors, is properly reckoned by the right of a feud. But that which [is given] by minors...