De feudis theses LVI

XLIII.
Fourth, among the effects of the fief, it will also be permissible to refer to the right of succession, about which we must now see, speaking in order of the succession of descendants, both male and female, then of ascendants, and thirdly of collaterals.

XLIV.
Males, therefore, descending to infinity, succeed in a fief.

XLV.
Limiting this, however, so that it does not proceed if the father makes a pact with the woman he takes as a wife in the second place, that the sons born of her shall not succeed in his goods. For we shall defend that such a pact is valid, contrary to the common opinion.

XLVI.
Here, however, there is a question: whether those legitimized by subsequent marriage succeed in a fief? The crowd of common doctors contends for the affirmative opinion: which, however, we shall manifestly demonstrate to fight against the truth itself.

XLVII.
Women, however, and their sons regularly do not succeed in a fief.

XLVIII.
The second order of succeeding is that of the ascendants, in whom a firm rule is handed down, that they are not admitted to the succession of a fief.

XLIX.
Which we extend to proceed, whether it is a secular or an ecclesiastical fief; likewise, whether it is a new or an ancient fief; although some feudalists contend that the contrary is observed in an ancient fief.