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

If a vassal possesses a castle in the name of a right feud, but the lord says he possesses it in the name of a guard: the burden of proof falls on the lord, and if he proves it, the vassal will be condemned, unless the vassal proves he was legitimately invested by the lord after he received it from him in guard; but if the lord fails in his proof, a defense is given to the vassal. Bald.

a "si aliquis"

3 ¶ Item, if a vassal possesses a castle, which he says he holds as a feud, and on the contrary the lord says he gave it to him for a guard: the proof is the lord's, and if he can prove it, then he who holds it must restore it to the lord, or prove by the peers of the court or by a witnessed brief that, after he had accepted it in guard, he received investiture from the lord for a feud. But if the lord fails in his proof, then the defense will belong to him who possesses it.

If a creditor buys a pledge, it ceases to be a pledge, unless the purchase was feigned and the simulation was evident through certain indications. Bart.

4 ¶ Similarly, if someone possesses a castle or other property, and the lord says he gave it to him as a pledge: on the contrary, he says he received it as a feud: if the lord can prove that he gave it to him as a pledge, then he who holds it shall restore it to the lord; or he should prove in the aforesaid way that, after he accepted it from the lord as a pledge, he received it in the name of a feud. And if the lord cannot prove that he gave it in the name of a pledge, the defense will be that of him who possesses it.

b I believe a "mansum" is said in the same way as a "mansion," namely from "manere" (to remain), and is rightly defined by Baldus as an estate in which men remain. Others interpret it otherwise, whom see here. Ch.

5 ¶ If someone has received investiture from a single mansum in the name of a feud and says that all the increment pertains to him through the investiture: if the lord reserved something for himself in that very court, then it will be necessary for the faithful vassal to prove the investiture of the increment through the peers of the court or by a witnessed brief. But if the lord retained nothing for himself in that very court, then the faithful vassal will obtain all the increment by the law of the feud. If, however, the faithful vassal was in possession of the increment, it will not be necessary for him to prove the investiture, but to swear.

If a second vassal receives investiture of a feud from a first vassal with its increment, and something is added to this feud while the first vassal is living: the entire increment belongs to the second vassal. Bart.

c Some rightly view this place thus: they constitute that the man who had received the feud from the prior lord had given it to another, and after the death of the first vassal, the feud had returned to the prior lord or to an agnate. Ch.

6 ¶ Again, if someone has received the investiture of a feud with all the increment that might come to him, and something has increased while he from whom he received it was living, it will belong to him. And if he who made the investiture has died without an heir, and the feud has returned to him from whom he held it, or to another, whatever has increased after the death of him who gave it will pertain to him to whom it has returned.