(5) De terra vero nulla in muliere hereditas non pertinebit, sed ad virilem secum (leg. _sexum_) qui fratres fuerint tota terra perteneunt. But concerning _land_ no inheritance shall pertain to a woman, but to the male sex who shall be brothers let the whole land pertain. The last clause in Codex 10 (Herold’s) is amplified as follows: (5) De terra vero Salica in mulierem nulla portio hæreditatis transit, sed hoc virilis sexus acqviret: hoc est, filii in ipsa hæreditate succedunt. Sed ubi inter _nepotes aut pronepotes_ post longum tempus de alode terræ contentio suscitatur, non per stirpes sed per capita dividantur. Concerning, however, _terra Salica_, let no portion of the inheritance pass to a woman, but let the male sex acquire it: _i.e._ sons succeed to that inheritance. But where after a long time dispute may arise between _grandsons_ or _great-grandsons_ concerning the alod of land, let the division be not _per stirpes_, but _per capita_. [Sidenote: The ‘alod’ embraced the whole inheritance--land and cattle, &c.] Now, in the first place, what is meant by the term _alod_? In the Lex Salica it occurs again in Tit. XCIX. _De rebus in alode patris_, which relates to a dispute about the right to a certain thing, as to which the decision turns upon the proof that can be given by the defendant that he acquired the thing _in alode patris_. He has to bring three witnesses to prove ‘_quod in alode patris hoc invenisset_,’ and three more witnesses to prove ‘_qualiter pater suus res ipsas invenisset_,’ and if after failure of proof and the interdiction of the law the thing be found in his possession he is to be fined XXXV. solidi. From this clause the inference must apparently be that the ‘_alod_ of the father’ was the whole bundle of rights and possessions, personal as well as real, which passed to descendants by inheritance. Indeed, it seems to be generally admitted that in the title ‘de alodis’ all the clauses except the last apply to personal property, and only the last to realty.[109] [Sidenote: It was an ancestral family inheritance.] There are titles ‘de alodibus’ both in the Ripuarian Law[110] and in that of the ‘Anglii and Werini.’[111] In both laws the ‘alod’ includes personalty, and the latter defines the personalty as ‘_pecunia_ et _mancipia_,’ thus reminding us that the personalty of the alod mainly consisted of cattle and slaves. In the title ‘de alodibus’ of the Ripuarian Law, the hereditary or ancestral character of the alod is emphasised by the application to it of the words ‘hereditas _aviatica_’ There may, however, be some doubt whether the term _hereditas aviatica_ included the whole alod or only the land of the alod. Regarding, therefore, the ‘alod’ as in some sense a bundle of rights and property, let us try to consider these clauses with a fresh mind in the light of what we have learned of Cymric tribal custom.