De feudis theses LVI

apparent in the common law.

VII.
Although the definition of the thing is established in various ways by various authorities, for us, amidst this difficulty and narrowness of definition, it is permissible to posit such a definition: that a fief is a named contract of civil law, of strict legal standing, in which a certain benevolent, perpetual grant of immovable property or its equivalent is made through investiture, with a transfer of quasi-ownership, while the property title is retained under fealty and the performance of services.

VIII.
After the definition of the fief, the divisions must be addressed; in this matter, due to the diversity of intellects, various and very many species of fiefs are established. Yet, as we consider these useless, we omit them and believe that this entire discussion can be settled by a single division, positing that one fief is of a proper nature and another of an improper nature, not "proper" or "improper" as our people speak elsewhere.

IX.
Under the first member of this division is contained that division of the doctors by which they call one fief Ecclesiastical and another Secular; the former is that which is given by the Church, the latter that which is given by a layman.

X.
Secondly, under this same member are comprehended fiefs, of which one is named Ancient, another Paternal, another New.

XI.
Ancient is that which was acquired by ancestors beyond the fourth degree.

XII.
Paternal is said to be that which was acquired from the father or other ascendants up to the fourth degree, such as from a grandfather, great-grandfather,