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Allod
Allod, deriving from Frankish alōd meaning "full ownership" (from al "full, whole" and ōd "property, possession"; Medieval Latin allod or allodium), also known as allodial land or proprietary property, was, in medieval and early modern European feudal law, 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.
Historically, holders of allods are a type of sovereign. Allodial land is described as territory or a state, along with associated serfs, where the holder asserts the right to the land by holding it in absolute ownership, free from any feudal 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, the father of international law 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 fiefs, which were mere tenures held by feudatories (Lehnsmänner) or their vassals (Vasallen). Overall suzerainty in a fief remained with the feudal lord, 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 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.[citation needed]
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 (Fideikommissgut).[citation needed]
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 are one of the groups out of which the nobility 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.
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Allod
Allod, deriving from Frankish alōd meaning "full ownership" (from al "full, whole" and ōd "property, possession"; Medieval Latin allod or allodium), also known as allodial land or proprietary property, was, in medieval and early modern European feudal law, 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.
Historically, holders of allods are a type of sovereign. Allodial land is described as territory or a state, along with associated serfs, where the holder asserts the right to the land by holding it in absolute ownership, free from any feudal 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, the father of international law 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 fiefs, which were mere tenures held by feudatories (Lehnsmänner) or their vassals (Vasallen). Overall suzerainty in a fief remained with the feudal lord, 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 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.[citation needed]
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 (Fideikommissgut).[citation needed]
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 are one of the groups out of which the nobility 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.