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OF THE GARDEN

Of Feudal Law.

PART I.

Concerning the name and origin of the fief, and also concerning the Books, authors, and their authority.

Since effort must be given to feudal law, what is the reason for the name?

A. The etymology of a fief feudum is more likely deduced from fidelity and faith than from elsewhere, the text of tit. 3 & 24 of the Fiefs, book 2, implying the same. For the reason that a fief is given under the condition of faith and fidelity, which is the end of constituting a fief, and the form of the constituted one. §. 52 & 55. f. 2. Baldus Baldus de Ubaldis, a prominent medieval jurist in the prelude, num. 7. Curtius the Younger on fiefs, part 1, q. 7. Clarus Julius Clarus, a jurist in the book of sentences §. fief, q. 5. Sonsbeck, part 2, n. 13. Motta on the origin of fiefs 1. Borcholt 1. Vultejus, book 1, on fiefs, cap. 2. Fachinaeus, book 7, of contradictory laws, cap. 1.