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Updated: June 29, 2025
Innocent invested him by a ring with the allodial or freehold lands of the Countess in return for an annual tribute and on the understanding that at Lothair's death they should revert to the Papacy. Lothair took no oath of fealty for them, but such oath was exacted from his son-in-law, Henry the Proud of Bavaria, to whom the inheritance was made over on the same conditions.
As I before explained, the allodial form of property was entirely lost in the feudal, and when the consolidation of feudalism was once completed, there was practically but one distinction left standing of all those which had been known to the western world the distinction between land and goods, immoveables and moveables.
The change was effected without any legislative act, simply by the process of transfer under circumstances in which simplicity and uniformity were an absolute necessity. It was not the change from allodial to feudal so much as from confusion to order.
His lands may have passed into the hands of the Gothic conquerors; but the Gothic or Burgundian or Frankish possessor of innumerable acres, once tilled by peaceful citizens, remained an allodial proprietor. Even he had no protection and no safety; for any new excursion of less fortunate barbarians would desolate his possessions and decimate his laborers.
But then it is known that the earliest beneficiaries were the personal companions of the sovereign, and it is indisputable that this position, brilliant as it seems, was at first attended by some shade of servile debasement. The person who ministered to the Sovereign in his Court had given up something of that absolute personal freedom which was the proudest privilege of the allodial proprietor.
Land was better protected when held of a powerful chieftain than when held in one's own right; and hence the practice of commendation, by which free allodial proprietors were transformed into the tenants of a lord, became fashionable and was gradually extended to all kinds of estates.
The services being mutual, and the tenure the usual, or fashionable one, most persons who held land in any other way saw fit to conform to the feudal method; and absolute, or allodial owners, where the tide of conquest had left any, generally, in the course of time, surrendered their lands to some neighboring lord, and received them back again on feudal conditions.
It is questionable whether it applies to personal property. It is an American doctrine, for in England where the king remained in theory the feudal over-lord, it was not necessary for him or the sovereign Parliament, wishing to take or control land, and having no constitution protecting property rights against such action, to invent any new doctrine; but with us all land is allodial.
On this subject, again, Eccarius presented the views of Marx. All great transformations have been inaugurated by a change in the form of landed property. The allodial system was replaced by the feudal system, the feudal system by modern private ownership, and the social transformation to which the new state of things tends will be inaugurated by the abolition of individual property in land.
Thirdly That the thirty-six thousand florins might be repaid, which Count Grassalkowitz had deducted from the allodial estates, for three thousand six hundred pandours who had fallen in the service of the Empress; I not being bound to pay for the lives of men who had died in defence of the Empress.
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