Montesquieu

I shall not decide whe­ther, when Charles Martel gave away the Church’s pro­per­ties as fiefs, he gave them for life or in per­pe­tuity. All I know is that in the time of Charlemagne1 and Lothaire2 these sorts of pro­per­ties exis­ted that pas­sed on to heirs and were divi­ded among them.

I find in addi­tion that a part of them was given as allod, and the other part as fief.3

I have said that the owners of allods were sub­ject to ser­vice like the owners of fiefs. That was doubt­less in part the rea­son why Charles Martel dona­ted in allods as well as in fiefs.

As appears from his capitulary in the year 801, art. 17, Baluze ed., vol. I, p. 360.

See his constitution appended to the code of the Lombards, book III, tit. 1, §44.

See constitution above, and the capitulary of Charles the Bald, year 846, ch. xx, in Villa Sparnaco, Baluze ed., vol. II, p. 31, and that of the year 853, ch. iii and v, in the synod of Soissons, Baluze ed., vol. II, p. 54, and that of the year 854, apud Attiniacum, ch. x, Baluze ed., vol. II, p. 70. See also first capitulary of Charlemagne, incerti anni, art. 49 and 56, Baluze ed., vol. I. p. 519.