ALL 



nnd tlie Roman general took occafion, from this circuin- 

 ihmce, to force a pafTage into the counlry of the Avvi.nii, 

 whofe king fent a deputation to the general, attended by a 

 nuniber of large dogs, and a bard or priell, who tlianntcd 

 the praifes of his king, the people, and the ambadador. 

 The envoy, after being received with refpeft by Domilius, 

 aiftiming an imperions air, commanded him, in the name of 

 his mailer, to forbear molefting the Allobiogcs, and immedi- 

 ately to retire from Gaul. Domitius, nniiitiniidatcd by 

 tills addrcfs, gave orders for his troops to march into the 

 friiitfnl plains of the Cavari, in the neighbouriiood of the 

 prefent Avignon. Wliillt he was encamped near a village, 

 called Vindulla, he was attacked by the Allubroges ; but 

 they were eafdy routed by his regular and well dllciplined 

 troops. We are told that 20,000 Gauls were killed on the 

 fpot, and 3,000 made prifoners of war. The Allobroges, 

 after this defeat, and another viftory gained by Fabius 

 Maximus over the Arverni, fubmitted ; and fo important 

 was this event deemed at Rome, that Fabius took from this 

 occafion the furname of Allobrox. At length the Romans 

 m ide themfelves mailers of their whole country. Cicero, 

 (Catilin. iii.) commends the Allobroges for their fidelity ; 

 hut Horace (Epod. xvi.) reproaches them, on account of 

 their fondiiefs for novelty : 



" Novifque rebus infidelis Allobrox." 



ALLOCATION, Allocatio, the admitting or al- 

 lowing of an article in an account ; and paffing it as fuch. 



Allocation is alfoan allowance made upon an account; 

 ■ufed in the exchequer. Hence, 



ALLOCATIONE/rtf;V«;/(r, a writ direfted to thelord- 

 treafurer and barons ot the exchequer, upon tiie complaint 

 of fome accountant ; commanding him to allow him fuch 

 funis as he hath in execution of his office lawfully expended. 

 Reg. Orig. p. 206. 



ALLOCATO comitalu, is a new writ of exigent al- 

 lowed, before any other county-court holden, when the 

 former has not been fully ferved, or complied with, &c. 

 •Fitz. Exig. 14. 



ALLOCUTION. See Allocution. 



ALLODIAL, in Andent Cujloms. See Allodium. 



Allodial tiiiure of Innds, in Agricuhnre, a fort of free 

 "tenure ftill exifting in fome parts of Scotland, under which 

 the tenant is not required either to pay any quit-rent, or 

 acknowledge a fupcrior. 



ALLODIARIUS, the owner or proprietor of an al- 

 lod'iiim, or allodial lands ; alfo ufed to denote a lord para- 

 -mount of a manor. 



alotla. 



iloi 



This is otherwife written aloJlanus, alotlarws, aloanus, 



•aloer, aloerhis, and aleut'ier. 



ALLODIUM, or Alleud, land held of a man's own 

 right, without acknowledgment of fen'iee, or payment of 



,any new rent to another; and this is property in the highefl 

 degree ; but feiidum or feodum, is fuch land as is held of 

 another for which fervice is done, or rent is paid, as an ac- 

 knowledgment thereof. When the barbarous nations over- 

 run Europe, and fettled in the countries which they had 



■fubdued, in the fifth and fixth centuries, the viftorious 

 troops divided the conquered lands. The portion which 

 fell to every foldier was feized by him as a recompence 

 due to his valour, as a fettlement acquired by his own 



■fword. He took pofleffion of it as a freeman in full pro- 

 perty. He enjoyed it during his own life, and could dif- 

 pofe of it at pleafure, or tranfmit it as an inheritance to 



'his children. Thus property in land became fixed. It was 



ALL 



at the fame time allad'ml ; i. e. the potTefTor had the 

 entire right of property and dominion ; he held of no fove- 

 rcigu or fnperior lord, to whom he was bound to do l>o- 

 mage, and perform fervice. How it afterwards was con- 

 verted into feudal poil'eflion, will appear under the aiticlci 

 Benekicium, Feuu, and Feudal Svstkm. 



In feveral parts of Europe this change had taken place, 

 or allodial property had become almoll entirely feudal, be- 

 fore the beginiiing of the 10th century. The former fpe- 

 cies of property leeins to be fo much better and more de- 

 firable than the latter, that fuch a change feema furprifing, 

 efpecially when we confider that the allodial property wai 

 frequently converted into feudal, by a voluntary deed of 

 the poifeifor. The motives which led to a choice fo repug- 

 nant to modern ideas concerning property have been invct- 

 tigated and explained, with his uinal diicernment and accu- 

 racy, byMontcfquieuin his Spirit of Laws, lib.x>.xi.c.8.vol.i). 

 Thofe who were feized of fiefo, fays this writer, (p. 431.) 

 enjoyed very great advantages. The compolitlon for the 

 injuries done tiiem was greater than that ot trecmeu. It 

 was a privilege belonging to the king's vaflal, eftablifhed by 

 the Salic law, and by that of the Ripuarians, that whoever 

 killed him Ihould pay a conipolition of 600 fous; whereas 

 they gave but 200 for the murder of a perfon freuhorn, if 

 lie was a Frank or Barbarian living under the Salic law, 

 and only 100 for a Roman, liefides, when a man was 

 fummoncd in court, and did not make bis appearance, 

 nor obey the judge's orders, he was appealed before the 

 king ; and if he perfilled in his contumacy, he was excluded 

 from the king's protection, and no one was allowed to en- 

 tertain him, or even to give him a morfel of bread. If he 

 was a perfon of an ordinary condition, his goods were con- 

 fifcated ; but if he was the king's vaffal, they were not. 

 The firft by his contumacy was deemed fuffieicntly con- 

 vifted of the crime, the fecoiid was not : the former for 

 the fmalleil crimes was obliged to undergo the trial by boil- 

 ing water ; the latter was condemned to this trial only in 

 the cafe of minder. Moreover, the king's vaffals could not 

 be compelled to fw'car in court againft another vaflal. 

 Thefe privileges augmented daily, and the capitulary of 

 Charlemagne does this honour to the king's vaflals, that 

 they fhall not be obliged to fwear in perfon, but only by 

 the mouth of their own vaflals. When a perfon who had 

 thefe honours did not repair to the army, his punifhmeiit 

 was to abltain from flefli-meat and wine, as long as he had 

 been abfent from tTie fervice ; but a freeman who negletled 

 to follow his count, paid a compofition of 60 fous, and 

 v>-as reduced to llavery till he paid it. When tJitfe fevei-al 

 clrcnmftances are confidered, it is natural to think th;'t 

 thofe Franks who were not the king's vaflals, and much 

 more the Romans, became fond of entering into the ftate 

 of vaffalage ; and that they might not be deprived of their 

 domains, they devlfed the ufagc of giving their allodium 

 to the king, and of receiving it from him afterwards as a 

 fief, and of nominating to him their heirs. This ufage was 

 always continued, and took place efpecially during the dif- 

 orders of the fecond race, when every body flood in need 

 of a proteftor, and wanted to incorporate himfelf with the 

 other lords, and to enter, as it were, into the feudal mo- 

 narchy, becaufe the political no longer exilled. This con- 

 tinued under the third race, as we find by feveral charters ; 

 whether they gave their allodium and refumed it by the 

 fame aft ; or whether it was declared an allodium, and after- 

 wards acknowledged as a fief. Thefe fiefs were called^ty} 

 of rejumptlon, 



4 Z ;: la 



