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

VI.

To give things into a feudum is to donate and alienate; however, this donation has no need of any insinuatio public registration/formal notification, inasmuch as it is under a cause and condition, not entirely gratuitous, so that, namely, loyalty, services, etc., may be provided. And the lord, if he frees the vasallus vassal from all loyalty by yielding to him the direct lordship, it will be a donation (but this, by itself, unless an external cause is added, will be mere and pure). And therefore minors and similar persons will not be able to give their allodial freehold/independent property things into a feudum, nor be able to remit loyalty to their vassals. To these add that also to recognize one’s own things as a feudum from someone, and thus to make them feudal from allodial, is alienation and donation; but this also will be under a condition and cause, and therefore it will not need registration, so it cannot be done by persons unable to alienate and donate.

VII.

Nor can the affairs of the church be enfeoffed by a prælatus prelate/high-ranking cleric, unless the solemnities required in their alienation are observed, or unless they are things accustomed to being enfeoffed and have returned to the church; for the prelate can re-enfeoff them without the intervention of solemnities.

Fiefs given. Alvarottus, number 4, in the beginning, and Petrus Rauz and Praepositus on brothers of the new benefits, invested by this text and similar ones, and this is the common opinion which Odofredus also held in his Summary, as testified by Curtius, tractate on fiefs, question 2, part 1, on the fiefs of laymen, number 56, which would also obtain in practice. See more in my Synopsis, conclusion 15, chapter 3.

a) Thus Curtius elegantly defended the cited place, arguing from the paragraph "to another" and the paragraph "if someone to another," and on both sides the doctors of the Institutes on "Useless Stipulations" and the Law "This Stipulation," with similar ones on the meanings of obligations. See cited chapter 3, conclusion 18.
b) Chapter 1, paragraph "new indeed," by whom investment is made, and there the Doctors. Baldus, Alvarottus number 5, Laurentius Praepositus, Petrus Rauz, and others. And that it is a species of donation, all, question 1, chapter 1, in feudal defense. Bellamperta, chapter 6. Jacobus de Sancto Georgio, word "who indeed invested," having provided the oath, number 49. Wesenbecius, chapter 4 of my tractate. And see chapter 3, question 7 in letter h, and question 9 in letter f, comparison and chapter 1, question 4.
c) They make what Baldus writes in conclusion 300, text in volume 2 (generally saying donations of fiefs are not to be registered; concerning which, Joachim, canon, in chapter "Imperiale" on the prohibition of feudal alienation by Frederick, page 106).
d) As cited question 7, cited chapter 3.
e) Baldus in Law 1, question 18, on divided things. Jacobus, cited number 49. It would be, namely, to alienate the direct lordship, by defense in feudal law, and all there, question "they cannot." Make also Law 3, before the end, on the things of those who are under guardianship or care, compare chapter 7, question 117 in letter b.
f) As chapter 2, question 20, and chapter 6, question 120 and 118, with similar, as also Jacobinus notes on Homages, number 10, citing Law "Whoever," Code on Donations.
g) Alciatus, conclusion 43, volume 5, number 14 and following; and Jacobus de Homagiis intends the cited number 10, joined with that which he says in the end, number 15.
h) The Doctors commonly in paragraph "but also things by which investment is made," I said in my Synopsis, chapter 4, question 18.
i) Cited place, question 19.
k) The Doctors in chapter 2, extra feudal, by this text, cited chapter 4, question 22.