De feudis theses LVI

estates, nor finally from border lands, as some wish, but which is more probable, from the ancient Romans, as their empire increased, so that it became necessary to appoint governors of provinces and marquises of the borders.

XXI.
It could be said, however, not implausibly, that this whole matter is uncertain and doubtful, so that there is more room for conjecture than for certain demonstrations.

XXII.
For fiefs are nothing other than customs brought to us by Barbarian peoples, in which the author of the custom is mostly unknown.

XXIII.
The proximate cause, however, is either covenants between the living, or succession from an intestate, or not even by testament, or prescription.

XXIIII.
That the space of some years, and sometimes of thirty years, is required for this, appears from the books of fiefs.

XXV.
Furthermore, Princes can give a fief to Kings, Dukes, Marquises, and Counts, who are properly called Captains of the Kingdom.

XXVI.
These in turn grant fiefs to Barons or Nobles of better standing, to be called by the name of Major Vassals.

XXVII.
These also, in their turn, invest other Nobles of more mediocre standing, naming them minor vassals.

XXVIII.
From whom, in turn, fiefs are given to other inferiors, such as commoners and peasants,