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

a Regarding the army; but understand this place thus: unless they were with them in the army with which the German Emperor used to set out for Rome to receive the Imperial crown. Regarding which custom see Trithemius, ch. 30, and Otto of Freising, Book of the Deeds of Frederick II, ch. 11 and 13. Ch.

...what is transferred from subordinates to others is not judged by the law of the feud (although it is observed otherwise in the Milanese court), but they may rightly take it away whenever they wish: unless they have proceeded with them to Rome in the army, in which case it passes into the right of a feud [and is adjudged as such]: or unless they received something on account of the feud; for then, they cannot take it away unless the price is restored.

[REGARDING THE FEUD OF GUARD AND GASTALD]

TITLE II.

b Cujacius does not distinguish a new title here, nor in the two following titles. But I agree with Hotomanus, who considers that "gastaldia" was not a certain type of feud, but that a feud was called this because it was granted on account of a gastaldia. Moreover, a gastaldia or guastaldia is the administration of things, whereas a guardia is a guardianship. But such feuds are not proper or "right" feuds. Ch.

A feud of guard and gastald, and that which is given for the payment of something, can be revoked after the year has elapsed, unless it is given for a certain time. But if they say they possess the feud in the name of a gastald, they do not defend the possession for themselves unless they prove it from their own right. Baldus.

c That is, if they possessed something in the name of a private feud while they were gastalds, that is to say, stewards or agents of the lord: for the presumption is in favor of the lord, namely, that he himself gave the feud in the name of a gastaldia, but in § "Item si aliquis," 1, it was not agreed between the vassal and the lord that he was a gastald or that he had received the feud in guard; hence it is established that there is no contradiction between those passages. Ch. d i.e., a public instrument. Alua.

Likewise, that which is given in the name of a gastaldia or guardia and for the payment of something, after the year has passed, can be taken away by law, even without the price given for it being restored: unless it was given for a certain time. But if gastalds possess something in the name of a private feud, they will not on that account be able to defend the possession for themselves, unless they can prove through the peers of the court or a witnessed brief that they received the investiture before they were gastalds, or after they ceased to be.

e There is no new title written here in the old text.

[WHICH SUCCESSORS ARE BOUND TO GIVE A FEUD.]

TITLE III.

The successor of a prelate is not compelled to ratify an investiture made by his predecessor and not completed regarding a feud that another holds. Bald.

If, however, an archbishop, bishop, or abbot, or abbess has given the investiture of that feud which another was holding, on the condition that he have it after the death of him who possesses it; and the archbishop dies before him who possessed the feud, their successors are not compelled to perform or confirm that investiture, even if the peers of his court are present as witnesses, or there is a witnessed brief concerning it; unless he who received the investiture was sent into possession of the feud in his name with the consent of him who holds it. But if he who possesses the feud dies before him who made the investiture, he is compelled by law to hold it as ratified. Laymen, however, in all the same ways that we have said above, if they have given investiture to others, their heirs, if they are clear by reasons, are compelled to fulfill it in every way.