Juris feudalis conclusiones aliquot miscellaneae, quas, divina asspirante clementia, in celeberrima Basiliensi Academia pro summo in utroque jure gradu obtinendo

I teach chapter 4, question 46, where more is in this sense.

Although there are various opinions as to which thing is called "accustomed to be enfeoffed," this is the proven opinion: that if that thing is enfeoffed twice, and after these acts 40 years have passed, that thing having returned, it is said to be accustomed to be enfeoffed.

IX.

Chapter "If someone for 30 years" and all there. If of a fief defended, I said chapter 6, question 141.

A vasallus vassal possessing a thing in good faith from someone without an investiture, as a feudal thing, for the space of 30 years, acquires it for himself as feudal.

X.

Thus see cited chapter 6, question 157. Add chapter 10, conclusion 92.

Conversely, a vassal, nor his heir, can prescribe liberty against the lord, unless from the time of interrupted possession—suppose he denies that the thing is feudal, or has possessed it in good faith in a similar way for 30 years.

XI.

Per text in chapter 1, paragraph "furthermore," where almost all. Bishop or Abbot, which Borcholt defends, chapter 7, on succession, number 37. Gail, book 2, observations, observation 148. Curtius, part 3, member 1, number 32. See chapter 7, conclusion 93.

I said cited chapter 7, question 96, where see the authors.

Whether a woman in a feudum fief, of which she is capable in the absence of males, once excluded by a male—suppose by her brother—remains permanently excluded, so that after the brother dies she does not succeed? Although this is commonly received, I would think it more equitable and truer, having inspected the will of the contracting parties, that she should be admitted when the male is dead.

XII.

Text in cited paragraph "final," and all note there. What is investment, and make chapter 1, on the nature of the succession of the fief. There, "if by agreement." See cited chapter 7, question 80.

Per laws already cited, joined to conclusion 34 and 38, chapter 2, in my Synopsis.

A feudum is presumed to be masculine, to such a degree that the burden of proof lies upon him who says it is feminine; I would think this is true even if he possessed the feudum, because there is a vehement presumption that the feudum is direct and of its own proper nature, and does not reach males unless that was agreed upon, which is a matter of fact, although some say that he who says a woman does not succeed must prove it.