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

...before him who possessed the feud: their successors are not compelled to make or confirm that investiture, even if his peers of the court are witnesses, or a witnessed brief exists therefrom: 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, are compelled 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.

a There is no new Title here in the old text.

[IF THERE IS A CONTROVERSY REGARDING THE INVESTITURE OF A FEUD.]

TITLE IIII.

If investiture is made before peers or by a witnessed brief, the lord is bound to send the invested person into possession. Bald.

B He who is rightly invested ought to be sent into possession. If proofs are lacking, a defense is given to the possessor. Pac.

If, however, a controversy arises between a lord and a faithful vassal concerning the investiture of a feud, let us see what the law is. And if the investiture was made before the peers of the court or in a witnessed brief, the lord is compelled to send him who was invested into possession of the feud. If, however, he was in possession and a controversy was moved against him by the lord, a defense should be given to him because of the possession. If, however, he was not in possession, nor can he prove it in the aforesaid ways, then the defense will belong to him who is said to have made the investiture. If, however, someone has a feud about which there is no controversy and says that he has received the investiture of another feud from the same lord, and he was not in possession, nor can he prove it by the aforesaid reasons: although the defense of the lord would be in order; nevertheless, because he is a vassal elsewhere, the defense is remitted to the lord out of equity.

c I have restored this passage which was poorly punctuated. Pac.

d Who is so called from a sacrament, that is, an oath; regarding whom see Hotoman in his dictionary. Ch.

When, however, someone says that a feud pertains to him by succession, claiming it to be paternal, if he was in possession of a half or any part, or had an exchange of property in the name of that feud, or could prove it to be paternal by these other reasons, he will prevail by law; but if he cannot prove it in the aforesaid way, a defense with twelve oath-helpers will be given to him.