Ex communi clariss. et consultiss. iuris professorum ordinis, in inclyta Basiliensium Academia decreto, subsequentes (de feudis) theses

THESIS I.

Some derive the origin of a fief from one place, others from another. The assertion of those who attribute it to the military service and clientage of the Romans, and then—as the consideration of it is generally understood now—to the eruption of the Goths, Franks, and Lombards into Italy during the time of the declining Empire, is more likely.

II.

I believe it to be truer, contrary to Curtius and others, that feudal rights obtain their force not because they were introduced gradually by customs (as is traditional in all these matters), but because they have been approved by laws and canons.

DEFINITION.

III.

A fief is a military clientage, or the right of using and enjoying the property of another in perpetuity, which a lord gives as a benefit on the condition that the one who receives it shall show him faith, perform military duty, or render some other service.

IV.

It is clear from history, however, that Dukes, Marquises, and Counts, on account of the dignity and amplitude of their families, were permitted to be vassals even without the military belt.

DIVISION.

V.

It is manifold. The first and highest division is that which is Civil and that which is Military. The latter is subdivided according to the rank and order of the military into Primary, Intermediate, and Lowest. The former is subdivided into Ecclesiastical and Secular. The second division is into new and old (or paternal). The third is into proper (or direct) and improper. Let these suffice. It is divided into parts: Investiture, Fealty, and Possession.