...another; whatever has increased after the death of him who gave it will pertain to him to whom it has returned.

BY WHAT MEANS A FEUD

MAY BE LOST.

TITLE V.

a Title 2. Cujac.

b For "inclus," Cujac. reads "nuptu," i.e., when married to the son.

c This is how it holds.

d inside.

e A "libellarius" contract, which is a certain species of emphyteusis, is rightly defined thus: a contract made by finding a "libellus," i.e., a writing concerning a thing to be permanently used and enjoyed under a certain payment to be provided every year.

f Cujac. amends to "one half of the feud," which most approve, because it is not prohibited to give the whole estate also into a feud.

g Others: "distraction." Cujac. But Hotoman amends it: "after the year has passed."

h Some note that this verse might have crept into the text from some gloss; it is not, however, idle.

i Concordant with this paragraph, c. 2, in the gloss, s. extra de feu.

k "libellariam."

Because it was said above by what means a feud is acquired and retained, now let us see how it is lost. For if the lord has had a field battle, and the vassal has abandoned him while he was lingering in the battle itself—not dead, nor wounded to death—he ought to lose the feud. Likewise, if the faithful vassal has cuckolded the lord, that is, has slept with his wife, or practiced to sleep with her, or played lewdly with her, or if he has slept with the daughter, or [with the granddaughter by a son, or with the wife of the son], or with the sister of the lord (these hold so, if he remains in the house of the lord), he is considered to lose the feud by law. Similarly, if he has assaulted the lord, or the castle of the lord, knowing that the lord or lady is there. Likewise, if he has killed his brother or nephew, that is, the son of a brother. Or if he has given more than half into a feud by "libellarius" name, or has obligated more than half as a pledge, so that he permits it to be passed over, or has done this by deceit: he will be punished by the loss of the feud. In all these cases, the feud returns to the lord. Again, if the faithful vassal has given [a feud] by "libellarius" name for less than half, and has died without an heir, and the feud has returned to the lord, or after he has given it by "libellus" or has obligated it for a pledge, and has refused the lord: then he who has received it from him will be able to protect himself by no law against the lord.

He who consents loses his own rights and fortifies those of another. Bald.

l according to custom and the right order.

Furthermore, if he to whom the feud ought to accrue by law through succession has consented to invest those to whom it does not pertain according to the right custom, he has in no way a return to reclaim it. Likewise, if there were two brothers, and one has received the investiture of the feud: if afterwards...