Allod, deriving from
Frankish
Frankish may refer to:
* Franks, a Germanic tribe and their culture
** Frankish language or its modern descendants, Franconian languages, a group of Low Germanic languages also commonly referred to as "Frankish" varieties
* Francia, a post-Roman ...
''alōd'' meaning "full ownership" (from ''al'' "full, whole" and ''ōd'' "property, possession";
Medieval Latin
Medieval Latin was the form of Literary Latin used in Roman Catholic Church, Roman Catholic Western Europe during the Middle Ages. It was also the administrative language in the former Western Roman Empire, Roman Provinces of Mauretania, Numidi ...
''allod'' or ''allodium''),
Alodium Definition & Meaning - Merriam-Webster
/ref> also known as allodial land or proprietary property, was, in medieval and early modern
The early modern period is a Periodization, historical period that is defined either as part of or as immediately preceding the modern period, with divisions based primarily on the history of Europe and the broader concept of modernity. There i ...
European feudal law
Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring societ ...
, a form of property ownership where the owner had full and absolute title. The allodial landowner, also known as an allodiary or hereditary lord, had the right to alienate the property, which was almost always land, a city plot, or an estate, and owed no feudal duties to any other person in respect of it.
Description
Historically, holders of allods are a type of sovereign. Allodial land is described as territory or a state, along with associated serfs
Serfdom was the status of many peasants under feudalism, specifically relating to manorialism and similar systems. It was a condition of debt bondage and indentured servitude with similarities to and differences from slavery. It developed dur ...
, where the holder asserts the right to the land by holding it in absolute ownership, free from any feudal
Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in Middle Ages, medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of struc ...
obligations or dues to a superior. This means the land is owned outright, without any rent, service, or acknowledgment to a higher lord or authority.
For this reason, they were historically equal to other princes regardless of the size of their territory or the title they used. This definition is confirmed by the acclaimed jurist Hugo Grotius
Hugo Grotius ( ; 10 April 1583 – 28 August 1645), also known as Hugo de Groot () or Huig de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, statesman, poet and playwright. A teenage prodigy, he was born in Delft an ...
, the father of international law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
and the concept of sovereignty: "holders of allodial land are sovereign" because allodial land is by nature free, hereditary, inherited from their forefathers, sovereign and held by the grace of God.
This form of ownership meant that the landowner owed no feudal duties to any other person. An allod could be inherited freely according to the usual law of the land. To begin with, the income from allodial estates was not even liable for taxes paid to any other sovereigns, including the Landesfürsten ( princely heads of state).
In all of these ways, the allod differed from fief
A fief (; ) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form of feudal alle ...
s, which were mere tenures held by feudatories
A vassal or liege subject is a person regarded as having a mutual obligation to a lord or monarch, in the context of the feudal system in medieval Europe. While the subordinate party is called a vassal, the dominant party is called a suzerain ...
('' Lehnsmänner'') or their vassal
A vassal or liege subject is a person regarded as having a mutual obligation to a lord or monarch, in the context of the feudal system in medieval Europe. While the subordinate party is called a vassal, the dominant party is called a suzerain ...
s (''Vasallen''). Overall suzerainty in a fief
A fief (; ) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form of feudal alle ...
remained with the feudal lord
An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or s ...
, who could require of his vassals certain services which varied from vassal to vassal. Also, the ownership of a fief was split so that a lord had ''dominium directum is a legal Latin term used to refer to the two separate estates in land that a fief was split into under feudal land tenure. This system is more commonly known as ''duplex dominium'' or double domain. This can be contrasted with the modern Allodial ...
'' and his tenant in fee had '' dominium utile'' (German ''nutzbares Eigentum''). By contrast, an allodiary had a full freehold interest – or ''dominium plenum'' (''volles Eigentum'') – in his allod. This was also reflected in the contemporaneous synonym for an allod, ''Erbe und Eigen'' (loosely "inheritance and ownership"). Borough properties were usually allodial. Likewise, ecclesiastical institutions (e.g. abbeys and cathedrals) owned allodial estates.
The conversion of a fief into a freehold – a familiar process in the 19th century – is called enfranchisement. Ownership of enfranchised fiefs continued to be limited, however, to the rights of the former feudatories. Only the overall suzerainty of the feudal lord over the estate was repealed, while the rights of the feudatory remained unaffected. Such an enfranchised fief became analogous to entailment (''Familienfideikommiss''); often it was explicitly converted into a fee tail
In English common law, fee tail or entail is a form of trust, established by deed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that property from being sold, devised by will, or otherwise ali ...
(''Fideikommissgut'').
Emergence and historical development
The allod as a form of ownership was established among the Germanic tribes and peoples, before it became part of the feudal system. Land that was originally held in common by the whole community was transferred to a single individual. The freemen of the Germanic peoples divided or drew lots for the land in the countries they had conquered and taken possession of. This gave rise to the essential character of the allodial estate: a freely-owned property allocated and guaranteed by the will of the whole people or by the people's law (''Volksgesetz''). The landowner was independent of any superiors and free of any property right restrictions.
In many regions only allodiaries were counted as freemen, i.e., those who enjoyed all common, public rights and duties. They served as territorial assemblymen (''Landesgemeinde''). The allodiaries of the early Middle Ages
The Early Middle Ages (or early medieval period), sometimes controversially referred to as the Dark Ages (historiography), Dark Ages, is typically regarded by historians as lasting from the late 5th to the 10th century. They marked the start o ...
are one of the groups out of which the nobility
Nobility is a social class found in many societies that have an aristocracy. It is normally appointed by and ranked immediately below royalty. Nobility has often been an estate of the realm with many exclusive functions and characteristics. T ...
sprang over time. They saw themselves as equal partners of the territorial lords, because they participated alongside them as members of the territorial assembly and were not their vassals. The freedoms associated with allodial estates (tax exemption, hunting rights, etc.) were only exercised by the nobility in most states – even if, after 1500, they had to subordinate themselves increasingly to the territorial princes (as part of the establishment of statehood) – who remained, politically and economically, the most influential group of landowners.
The term 'allod' occurs only in the Franconian region and those territories influenced legally
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
by Frankish tribes. After the Battle of Hastings
The Battle of Hastings was fought on 14 October 1066 between the Norman-French army of William, Duke of Normandy, and an English army under the Anglo-Saxon King Harold Godwinson, beginning the Norman Conquest of England. It took place appr ...
in 1066, there were no more allods in England at all (though Lundy was later deemed to not be ''in England'') and, in France, allodial estates existed mainly in the south. In Germany, the allodial estates were mainly those owned by the nobility in the south, though in the north at least one Belgian village has a name that recalls this system, namely Braine-l'Alleud
Braine-l'Alleud (; ; ) is a Municipalities in Belgium, municipality of Wallonia, in the Provinces of Belgium, province of Walloon Brabant, Belgium, about south of Brussels.
The municipality consists of the following districts: Braine-l'Alleud ...
, Dutch ''Eigenbrakel'' (where ''eigen'' is cognate to English ''own''), in the province of Walloon Brabant
Walloon Brabant ( ; ; ) is a province located in Belgium's French-speaking region of Wallonia. It borders on (clockwise from the North) the province of Flemish Brabant (Flemish Region) and the provinces of Liège, Namur and Hainaut. Walloon Br ...
, formerly in, or surrounded by, the southern part of the Duchy of Brabant
The Duchy of Brabant, a Imperial State, state of the Holy Roman Empire, was established in 1183. It developed from the Landgraviate of Brabant of 1085–1183, and formed the heart of the historic Low Countries. The Duchy comprised part of the Bu ...
; this is in contrast with Braine-le-Comte
Braine-le-Comte (; ; ) is a city and municipality of Wallonia located in the province of Hainaut, Belgium.
On January 1, 2018, Braine-le-Comte had a total population of 21,649. The total area is which gives a population density of 260 inhabi ...
''('s-Gravenbrakel)'', some 25 km away in Hainaut, whose name refers to a fief
A fief (; ) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form of feudal alle ...
from the count of Hainaut; both Hainaut and Brabant were formerly part of the Holy Roman Empire
The Holy Roman Empire, also known as the Holy Roman Empire of the German Nation after 1512, was a polity in Central and Western Europe, usually headed by the Holy Roman Emperor. It developed in the Early Middle Ages, and lasted for a millennium ...
and before that of Lotharingia
Lotharingia was a historical region and an early medieval polity that existed during the late Carolingian and early Ottonian era, from the middle of the 9th to the middle of the 10th century. It was established in 855 by the Treaty of Prüm, a ...
. There were many lords who founded their powerful position on extensive allodial estates in the eastern Alpine countries and the lands of the Bohemian Crown
The Lands of the Bohemian Crown were the states in Central Europe during the Middle Ages, medieval and early modern periods with feudalism, feudal obligations to the List of Bohemian monarchs, Bohemian kings. The crown lands primarily consisted o ...
. The king as lord paramount never exercised lordship over the whole Empire.
An allodial estate could also be created when a lord renounced his rights in favour of his vassal. Deforested land was considered allodial by the princes. Conversely, free territorial lords were sometimes punished by the Emperor by converting their allodial land into fiefs.
The differences between the two forms of medieval ownership – the fief and the allod – diminished over time. Firstly, vassals were no longer required to render services from the 17th century at the latest, and vassals' rights of inheritance
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...
became much stronger in the early modern period, and, secondly, the territorial princes were able to force freemen in the 16th century to make regular tax payments. In the 19th century, feudal law
Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring societ ...
was finally gradually abolished in most European countries largely due to the Napoleonic wars and the influence of the Napoleonic Code
The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since i ...
. It fully integrated the ''ius commune
or is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the was ...
'' system of ownership as a full right ''in rem''. While in France the ''régime féodal'' was ended in 1789 by the stroke of the pen under the Revolutionary legislature, in Germany it was not until the mid-20th century that feudal law was formally abolished in 1947 by Allied Control Council
The Allied Control Council (ACC) or Allied Control Authority (), also referred to as the Four Powers (), was the governing body of the Allies of World War II, Allied Allied-occupied Germany, occupation zones in Germany (1945–1949/1991) and Al ...
law. In most of Scotland, the feudal system was abolished in the early 21st century; allodial tenure still exists in Shetland and Orkney.
See also
* Commons
The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons ...
* Feudalism in the Holy Roman Empire
* Crown land
Crown land, also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. Today, in Commonwealth realm ...
* Imperial estate
An Imperial Estate (; , plural: ') was an entity or an individual of the Holy Roman Empire with representation and the right to vote in the Imperial Diet (Holy Roman Empire), Imperial Diet ('). Rulers of these Estates were able to exercise signi ...
* Droit de régale
* Allodial title
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense ...
* Odal
* Udal law
Udal law is a Norsemen, Norse-derived legal system, found in Shetland and Orkney in Scotland, and in Manx law in the Isle of Man. It is closely related to Odelsrett; both terms are from Proto-Germanic Odal (rune), *''Ōþalan'', meaning "herita ...
Literature
* Otto Brunner: ''Land und Herrschaft. Grundfragen der territorialen Verfassungsgeschichte Österreichs im Mittelalter.'' 5th edition, Rohrer, Vienna, 1965 (Unamended reprographic copy of the 5th edition: Wissenschaftliche Buchgesellschaft, Darmstadt, 1984, ).
References
{{Authority control
Feudalism
Economic history of Europe