[Bishop, etc.]
[Signature: A iiij]

Handwritten note in cursive:? It does not seem to be; it lasts until the part [or time].

a Likewise, if a bishop. It has no force. How this is to be understood, we have explained in the summary. From this, it should be noted: that what Pope Urban original: "papa Vrbanus" decreed only applies to the future, and rightly so: for antiquity sinned in nothing when it was ignorant of this decree, as in the Code, on testaments, the law "We command" original: "C. de testa. l. iubemus" at the end, and the Digest, on the right of immunity. Accursius.

They are not admitted. But what if he leaves a male and a female: does the female also succeed in the fiefA fief (feudum) was land held by a vassal from a lord in exchange for service and loyalty.? Answer: no, as below in title 2, section 2, unless perhaps the male died immediately after the death of the father, so that he is not seen to have existed, since he did not persist, as in the Digest, on unjust or broken testaments, the law "posthumous" original: "ff. de in iust. rup. test. l. postum⁹". For the place of a female does not lie open in the succession of a fief as long as a male survives from him who was first investedInvestiture was the formal ceremony of granting a fief to a vassal. with that fief. Below, on him who invested for himself or his heirs, male and female, in the chapter "He who for himself."

c He cannot retain the fief. What is said here does not please many, as in the Lombard Law original: "in Lombard." on benefits and lands. But tell me, I ask you, of what "mute" is this to be understood: either of one mute by nature, or one mute by other means—that is, by a supervening event—just as it is distinguished in the Code, "those who can make a testament," the law "discreet." It cannot be understood of one mute by nature: since if he was able to acquire it, much more strongly ought he to retain it. If it is understood of the other: then it is argued thus. Anyone in the final stage of life is made mute. The expert responds: friend, you have followed a peak of subtlety; therefore your speech is not to be admitted by the judges: as in the Digest, "by what means a pledge or mortgage is dissolved," the law "just as," in the section "if to the debtor." Indeed, it is rather to be rejected, as in the Code, on the Trebellian Decree, the second to last law, and the Code, "that actions by the heir and against the heir," law 1. And this which is said elsewhere: simplicity is a friend to the laws, as in the Institutes, on fiduciary inheritances, the section "but because," and the Institutes, on the succession of legal agnates, the section "but simplicity." Thus, a lawful act is disturbed because of intervening events, as in the Digest, "from whence by force," the last law, and in the Authentic, "on restitutions," in the final section. Or it is understood here regarding a paternal fief: which, according to some, a mute, deaf, blind, lame, or otherwise imperfect person shall not retain: because they are not able to serve the fief: as below in the title "Whether a mute or otherwise imperfect person may retain a fief," chapter "Mute." Or you may understand according to what is noted on this matter in the summary under the rubric "By what means a fief is lost," section "Because of the event." Accursius.

Handwritten note:? A lawful act is disturbed by an intervening event.

...at the last, he can grant up to a half, as in the section "nearby" and 7, in several cases or places. However, today in none of these cases can a vassalA person who held land from a lord and owed him homage and service. grant that to another without the lord’s will, as in the constitution of Frederick Emperor Frederick Barbarossa (r. 1155–1190)., "It becomes imperial skill," etc. If therefore any retention whatsoever benefits the lord: as here, and in title 1, in the section "if anyone from one farmstead." Accursius.

BISHOP or abbot, or abbess, etc.

Otherwise there is no rubric or title here, nor a capital letter, but only a section—poorly done.

...which are subject to them, and are called titles: it has no force, according to that which was decreed by Pope Urban in the holy synod. This means that which was given after his decree: but that which was given before ought to remain firm.

The law is the same if it be a provost, or an abbess, or another ecclesiastical person who was not accustomed to grant fiefs in ancient times: namely, that what they have given shall not be valid by law.

A female placed in connection with a male does not succeed together with him: but only then, if there is no male. Baldus Baldus de Ubaldis (1327–1400) was a leading Italian jurist and student of Bartolus..

Furthermore, if anyone has received a fief on the condition that his descendants, male and female, may have it: if a male is left, females are no longer admitted. B A mute cannot retain a fief—namely, one who speaks in no way. But if the fief was large, so that if it were taken away he could not maintain himself: only so much ought to be left to him from which he can sustain himself. And in all these cases the fief is lost and returns to the lord.

TITLE VII.

ON THE NATURE OF THE FIEF.

One who is invested by the prince with a county, march, or barony cannot be divested of these at will, and what is said of the prince, the same holds for the greatest and higher valvassors. Baldus.

THe nature of the fief is this: that if a prince has invested his captains with any fief, he cannot divest them without fault, as is said at the end, as in the section "up to a half he can," as in the section "nearby" and 7, in several cases or places. However, today in none of these cases can a vassal grant that to another without the lord's will, as in the constitution of Frederick, "It becomes imperial skill," etc. If therefore any retention whatsoever benefits the lord: as here, and in title 1, in the section "if anyone from one farmstead." Accursius.

ON THE NATURE OF THE FIEF. Elsewhere I found a notable point here in the gloss, as in this chapter, because of the chapter "Mute" below. But Jacobus Cufredi, otherwise known as Columbus, does not have this gloss.

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Nature. Without fault. Similarly below in "fiefs are not lost without fault," and the title "At what time a soldier ought to seek investiture," chapter 3. And in the Lombard Law, on benefits and lands, the last law. From this place it is gathered by argument, according to the ancients, that something is found to be permitted based on the quality and difference of persons which would otherwise be illicit. Argued from the Digest, on proofs, the law "When concerning a debt," and the Institutes, on the Aquilian Law, section 1, and the Code, on procurators, the law "a soldier." More on this is found in the book of Pillius Pillius Medicinensis (late 12th century), a pioneer in feudal law study., page 4, in the rubric "From the quality of persons," etc. According to the moderns, however, no distinction is held between greater and lesser persons. Likewise, it is still gathered that that which is voluntary from the beginning is made necessary by a subsequent act, as noted in the Code, on actions and obligations, the law "Just as." Likewise, it is gathered that a thing is permitted before which will not be permitted afterward, as in the Digest... Accursius.

That which is permitted [now] is not permitted afterward.

e Price. Here it is gathered that one ought not to be afflicted by a double loss. Similar to the Digest, on the recovery of what is given for an immoral cause, the law "If money," the second to last section... and the Code... It is also hinted here that a fief may be bought, below in "on the granting of fiefs to the least valvassors," the chapter "If minors," and "the benefit of a brother," chapter 1, and "in what manner a fief perishes," the chapter "If anyone without a male son." But contrary to this, see "on the granting of fiefs in place of a commission," the first chapter... where the lord grants...

Hand-written note:? You make this rubric and chapter from the Decretals, on those transactions... through Cyrus... A fief can be bought.

...that is, marquises and counts, and those who are properly called captains today. The same applies if the investiture was made by captains and higher valvassorsValvassors were sub-vassals; "greater" valvassors held from the King or great lords, "lesser" ones held from those greater valvassors., who are properly called captains today. If, however, it was made by lesser or the least valvassors, it is otherwise. For then they can be divested without consideration of fault: unless they have served as a soldier original: "hostem" at Rome. For then it is the same for the least as for the greater valvassors; or unless they have bought the fief, for then the price e must be restored according to ancient and reasonable custom. Modern lawyers, however, not discerning so subtly, say the same should be observed for the least as was said for the greater valvassors.

TITLE VIII.

ON THE SUCCESSION OF THE FIEF.

If one holding a fief dies leaving males and daughters: the males alone succeed in the fief, not the daughters or females. Baldus.

IT follows to see concerning the succession of the fief. If anyone, therefore, has died with sons and daughters surviving: only the sons succeed equally, or grandsons by a son in the place of their father: no arrangement of the deceased remaining or being valid in the fief.

When a paternal fief is alienated, or one in which a daughter is invested, the surviving male succeeds. Baldus.

This also g is observed: that if my brother has alienated his part h of the fief, or has made... [this] will be explained further below, and it has also been explained in the summary.

ON THE SUCCESSION OF THE FIEF.

The condition of a male is better than that of a female.

Sequitur. [It follows.] Equally. It is gathered here first that the condition of males is better than that of women: as is noted in many places, such as the Digest, on the status of men, the law "In many," and the note in the section "Who can give a fief." Certain things can be noted here which are noted elsewhere, as in the summary on intestate succession, where it is treated extensively. Below, however, we shall explain more fully when treating of succession those things which can be subtly investigated. Pillius, and according to what is noted on this matter in the summary.

g This also. I have found a gloss on this here; it is vacant because of the chapter below, "By succession."

h His part. That is, he granted it by a lease original: "ad libellum": which indeed he could do without the lord's will, as below, on the alienation of a fief, the first chapter. And this happens for the reason that only a part of the fief is alienated, when it was only one fief which had come to the other brothers by succession from the father or grandfather; and therefore as long as the alienator lives, his brother cannot seek that alienated part according to what follows here below: "if he dies without a male heir, it nonetheless reverts to me," etc., as if to say, before his death it cannot revert...

mo