De feudis theses LVI

under the name of least vassals.

XXIX.
And in sum, all laymen, having free administration of their goods, can grant a fief.

XXX.
Ecclesiastical persons, however, can grant as a fief things concerning which there was a custom of granting as a fief.

XXXI.
To which we think the passage of such a span of time is required, the beginning of which does not exist in memory.

XXXII.
All those who are not found to be prohibited can receive a fief. For adults or minors without the consent of curators are prohibited, though not a ward without a tutor; infants, the insane, those mentally deficient, and the like are also prohibited.

XXXIII.
Whether a cleric is capable of holding a fief is very controversial among the doctors. We shall attempt to defend the affirmative opinion.

XXXIV.
The material of fiefs is all things that can be given as a fief, such as immovable things, rights of easements, jurisdictions, waters, rents, hunts, fisheries, etc.

XXXV.
Moveable things and things prohibited from being alienated cannot be granted as a fief either.

XXXVI.
The form consists primarily in investiture, which is the solemn grant and confirmation of feudal law, made by the lord to the vassal requesting it and promising fealty.

XXXVII.