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

A fief lost because investiture was not sought within the times returns to the lord if it is new; if it is ancient, it returns to the agnates or children, as the doctors of law commonly wish. However, I believe it is truer that in both cases it returns to the lord.

L III.

When all goods are confiscated, to whom it ought to arrive is usually explained by a singular distinction.

L IIII.

If a paternal fief has been alienated by a vassal to a more remote agnate while no children exist, the nearer relatives will not be prejudiced by this. For it is only upon the death of the more remote relative that he ought to recover the fief. If, however, it is alienated to an outsider, by the right of protimiseos the right of pre-emption or first refusal (which still obtains in fiefs), the nearer relative or any agnate may redeem the fief by restoring the price or estimation, provided this is done before the death of the one who alienated it.

L V.

It is rightly asked here whether both the lord and the vassal fall from the fief by operation of law, or whether they must be condemned by sentence, and then also how one ought to proceed. And I shall maintain that a sentence is required, provided the legitimate order of proceeding is followed (with very few exceptions).

ADDENDA.

L VI.

And this must be before a feudal judge. But in cases of captains, the Emperor or King judges alone, as the case concerns him most significantly.