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

ON THE NATURE OF THE FEUD.

One invested by the prince with a county, march, or barony cannot be divested of these at will. Bald.

The nature of a feud is this: that if a prince has invested his captains with some feud, he cannot divest them without cause—that is, the marquises and counts, and those who are properly called captains today. It is the same if the investiture was performed by captains and greater valvassors, who are properly called captains today. If, however, it was performed by lesser or minimal valvassors, it is otherwise. For then they can be divested without regard to fault, unless they have made an enemy of Rome, for then the rule is the same for minimal as for greater valvassors; or unless they bought the feud, for then the price must be returned according to ancient and reasonable custom. Modern interpreters, however, not discerning so subtly, say that the same rule is to be observed for minimal valvassors as was said for the greater.

ON THE SUCCESSION OF THE FEUD.

If one having a feud dies leaving males and daughters, only the males succeed to the feud, not the daughters or women. Bald.

It follows to see about the succession of the feud. If, therefore, someone should die with sons and daughters surviving, only the sons succeed equally, or grandsons through a son, in the place of their father; no disposition of the deceased regarding the feud remains or is valid.

With the paternal feud alienated, or that for which a daughter has been invested, the surviving male succeeds. Bald.

¶ This also is observed: that if my brother has alienated his part of the feud, or has caused his daughter to be invested, if he dies without a male heir, it nevertheless returns to me. And formerly this was observed only up to the fourth degree according to some, because after that it is not called a paternal feud. Others, however, say up to the seventh degree.

A daughter does not succeed in a feud, even if the vassal has died without a male heir, unless the investiture was made in the father so that sons and daughters succeed in the feud. Bald.