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Updated: June 29, 2025
The greater allodial proprietors transformed themselves into feudal lords by conditional alienations of portions of their land to dependants; the smaller sought an escape from the oppressions of that terrible time by surrendering their property to some powerful chieftain, and receiving it back at his hands on condition of service in his wars.
And but for the other there would have been barbarism without principle of association or amelioration. The petty chiefs and allodial lords who everywhere grasped local sovereignty held each other in check. Italian cities recovered their ancient liberty, free towns were founded, village communities took root, and serfs acquired rights in the soil they tilled.
These estates of inheritance, both the greater and the meaner, were not fiefs; they were to all purposes allodial, and had hardly a single property of a feud; they descended equally to all the children, males and females, according to the custom of gavelkind, a custom absolutely contrary to the genius of the feudal tenure; and whenever estates were granted in the later Saxon times by the bounty of the crown with an intent that they should be inheritable, so far were they from being granted with the complicated load of all the feudal services annexed, that in all the charters of that kind which subsist they are bestowed with a full power of alienation, et liberi ab omni seculari gravamine.
Besides these royal and beneficiary estates, a large proportion had been assigned, in the division of Gaul, of allodial and Salic lands: they were exempt from tribute, and the Salic lands were equally shared among the male descendants of the Franks.
Not an inch of ground in England was owned save under his authority, as enjoying the supremum dominium. All the land had been granted by his predecessors as fiefs, with the right of reversion to the crown by forfeiture in case of the violation of feudal obligations. Here was no allodial property, no censitive hereditary domain, as in the rest of, otherwise, feudal Europe.
"But my dear lady and noble sovereign it is not proper for either you or me to judge in this cause. The case being an allodial case, must be brought before your council, since the fief of Azay is held from the crown." "Pasques dieu!" replied the Regent with a forced laugh. "I give you the place of the Sieur de Vieilleville in my house. Don't trouble about your father.
But the essentially personal relation with which the whole process started soon degenerated into one based on property. The most primitive form of property land was at the outset what was termed allodial, at least among the conquering race, from every social group having the possession, under the trusteeship of his head man, of the land on which it settled.
If such a right did not put money in his purse, it yet added to his dignity and self-satisfaction. But such rights as this had come to be looked on with deep distrust by a large part of the French nation. Ideas of independence and of the abstract rights of man had struck deep root. It was felt that land should be owned absolutely, by allodial possession, as the phrase is.
The exclusion of females and their children from governmental functions, commonly attributed to the usage of the Salian Franks, has certainly an agnatic origin, being descended from the ancient German rule of succession to allodial property.
Frederick was heir to all the allodial possessions of the late Emperor; but Lothair persuaded to a decision which would have deprived Frederick of a large portion of these, and thus have rendered him and his house practically innocuous. When Frederick refused to accept this decision he was put to the ban of the Empire.
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