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Updated: May 8, 2025
It is not difficult to trace a great number of the rules governing the transfer and devolution of the commodities which lay outside the allod, to their source in Roman jurisprudence, from which they were probably borrowed at widely distant epochs, and in fragmentary importations.
I have repeatedly stated that the allod, though not inalienable, was commonly transferable with the greatest difficulty; and moreover, it descended exclusively to the agnatic kindred. Hence an extraordinary variety of distinctions came to be recognised, all intended to diminish the inconveniences inseparable from allodial property.
It is the peculiarity of most of these German laws, in the only shape in which we know them, that, besides the allod or domain of each household, they recognise several subordinate kinds or orders of property, each of which probably represents a separate transfusion of Roman principles into the primitive body of Teutonic usage.
The restoration of the inalienable, indivisible allod and of the federal rights of the peasant, as in olden times, would have been far more to the purpose.
In France, where the ancient tribal divisions had been long obsolete, and where the existence of the allod involved little or no feeling of loyalty, the process was simpler still; the provincial rulers aimed at practical rather than political sovereignty; the people were too weak to have any aspirations at all.
Similarly, the reipus, or fine leviable on the re-marriage of a widow, did not enter into the allod of the person to whom it was paid, and followed a line of devolution in which the privileges of the agnates were neglected.
The ancient law of the German tribes was exceedingly similar. The allod or domain of the family was the joint-property of the father and his sons.
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