Juris feudalis conclusiones aliquot miscellaneae, quas, divina asspirante clementia, in celeberrima Basiliensi Academia pro summo in utroque jure gradu obtinendo

As in my Synopsis, cited chapter 2, question 25, in the beginning. Alvarottus, number 9, and all the others in chapter 1, whether for agnates or sons. See Covarruvias, book 2, resolutions, chapter 18, after number 4; Clar. question 76, number 2.

or whether it is hereditary, there is no lesser doubt; and that it is hereditary, i.e., similar to that which is received for himself and his heirs, I think is more common and truer. But that it is from agreement and provision, many also defend, where the discussion is again so ambiguous that I believe both sides can be defended by debating.

Cited question 25, Loffredus calls this the common opinion, conclusion 1, number 99; and Thomas de Marinis follows him, treatise on the kinds and qualities of fiefs, title 1, number 54; and Camerarius in chapter "Imperiale" on the prohibition of alienation by feudal law, page 782; and thus it is judged in the Chamber. Miniscens, 4 observations, paragraph c per text in chapter 1, paragraph "and if the little client." On the alienation of a feudum, paragraph "surely." De L. Corradus, final chapter, if of a feudum defended, chapter 5, concerning him who makes a feudum for agnates; see chapter 6, question 137, and chapter 7, question 30, chapter 9, question 75. Jason holds this in the prelude to feudal law, number 128. Castrensis in Law "Pacto", paragraph final, to the SC Trebellianum; and see Brunus, conclusion 24, number 3, citing others; and Decianus, conclusion 181, number 3; Marianus Socinus, conclusion 112, number 5, volume 2; and conclusion 137, number 13, volume 1; and some of the moderns follow this. But the common opinion answers to the cited laws, that the son is understood there through the heir, so that it is known that other heirs are not admitted to fiefs.

IIII.
Nor are there lacking others who strongly assert that a feudum received for himself and his heirs is said to be by agreement and provision, no less than that which is received for himself and his sons or children: their opinion could perhaps also be defended by strict reasoning, although I do not believe it to be true. For in effect it differs little from that which maintains that agnati can take a feudum of this kind if the inheritance is repudiated, but sons cannot, unless they have made an inventarium inventory of assets, with this exception, which would follow from that, that the son, in order to be able to obtain a feudum by agreement and provision, must be the heir to the father, or certainly enter into his inheritance with an inventory, which I do not adopt in a feudum given for himself and his children or sons; and yet, so that you may see how hazardous this matter is, I would think that I could defend the contrary by debating not implausibly.

V.
Although it is received in our feudal law that a brother can stipulate a feudum for a brother directly and without rigid words, as they say, by saying "you promise to me and my brother Titius," yet

As I said in my Synopsis, chapter 7, question 40, and following, and chapter 9, question 110.

As all cumulatively wish against the cited question 25, in the beginning, cited chapter 2 and cited chapter 7, against the cited questions 40 and 41, and against the cited question 110, cited chapter 9, so that in such a case the distinction of the first chapter would obtain, whether for agnates or sons; likewise, it will follow that a feudum, even by agreement, on account of a crime committed against the lord, would be applied to the Lord, excluding sons and agnates, against question 5, chapter 12.

As is evident from the places already cited. According to which it was also judged in the Chamber, Minying.

Baldus in chapter 1, "If the vassal is deprived of the fief," and in paragraph "because," of these things which...

for the sake of debating, I will sustain the contrary: namely, that a brother cannot stipulate for a brother directly in fiefs any more than in Civil law.