... Ex decreto et consensu Amplissimi Iuris Antecessorum Ordinis in vetustissima & inclyta Basiliensium Academia Pro summo in utroque Iure gradu & privilegiis Doctoralibus consequendis subsequentes Conclusiones de legitimatione liberorum

XLVIII.

But whether it should be left only under the title of institution original: "institutionis", meaning the formal appointment of an heir in a will, or indeed by legacy, or by another title, some call into controversy. We will maintain that it should be left under the title of institution.

XLIX.

From intestacy original: "ab intestato", meaning when someone dies without a valid will, they succeed along with legitimate children in all allodial goods original: "allodialibus", referring to land held in absolute ownership without a feudal superior.

L.

Nor is it alien to the reason of law for us to say that the same thing should be applied to emphyteusis original: "emphyteusin", a form of perpetual or long-term land lease.

LI.

What is to be determined concerning a fief original: "feudo"? This question seems to require a Caesarean decision: since some contend they succeed only through a marriage legitimized, others only through the rescript of the Prince. I think, having inspected the feudal law, that neither can succeed.

LII.

Although I do not deny that one expressly legitimized by the Prince for fiefs succeeds in feudal goods.

LIII.

These things, however, as far as they pertain to the father, proceed: for the mother is also bound by natural law to leave a legitimate portion.

LIV.

I remember it being asked whether this which was said about the mother also obtains in the case of an illustrious mother. Adhering to the sounder opinion of the Doctors, we conclude that the same obtains as in the matters above.

LV.

However, so that what has already been said is not confused, it seemed appropriate to briefly add three diffe-