Serfdom Patent (1781)

Last updated

The Serfdom Patent of 1 November 1781 aimed to abolish aspects of the traditional serfdom (German : Leibeigenschaft) system of the Habsburg monarchy through the establishment of basic civil liberties for the serfs.

Contents

The feudal system bound farmers to inherited pieces of land and subjected them to the absolute control of their landlord. The landlord was obligated to provide protection, in exchange for the serfs' labor and goods. The Serfdom Patent, issued by the enlightened absolutist Emperor Joseph II, diminished the long-established mastery of the landlords; thus allowing the serfs to independently choose marriage partners, pursue career choices, and move between estates. [1]

Historical context

The Holy Roman Emperor Joseph II ruled as co-regent of the Habsburg monarchy with his mother, Maria Theresa, from 1765 to 1780. The empress's July Decree of 1770 granted the peasants the right to justice through royal officials rather than their lords' courts. The Patent of 1772 even granted them the right to appeal to the sovereign, and limited the robot (labour that lords could demand of their serfs) to three days a week and twelve hours a day. The October Decree of 1773 capped the price of letters of release, which serfs could buy from their lords to gain their freedom.

Following her death in 1780, Joseph II pursued further liberal reforms. His policies included the 1781 Edict of Toleration, in which the Roman Catholic Emperor granted Protestant denominations more equality than in the past. This represented a tremendous change from the Catholic-centered policies of his mother. Joseph was an enlightened absolutist ruler, incorporating reason and Enlightenment ideals into his administration. Emperor Joseph's enlightened despot contemporaries, Catherine the Great of Russia and Frederick the Great of Prussia, both claimed to detest feudalism yet chose to appease their noble classes by strengthening the serfdom system during their years in power. Author T. K. E. Blemming describes the rulers' compromises, arguing that "in exchange for absolute power at a national level it was necessary to hand over to them [nobles] absolute power on their estates." Joseph refused to give in to the nobles’ demands, which would soon create difficulties in the implementation of his decrees.

The motivations of Joseph II

Much of the Habsburg economy was based on agriculture in the 18th century. The nobles and clerics were traditionally exempt from taxes, and the burden fell mainly on the peasants. After paying dues to the landlord, the serfs were unable to create high tax revenues for Joseph's centralized state. The Emperor recognized that the abolishment of the feudal system would allow peasants to pay higher tax rates to the state. [2] Joseph's primary objection to feudalism was economic, but his moral objections also arose from witnessing the “inhumanity of serfdom”. He abolished beatings and hoped to allow serfs to appeal court rulings to the throne following a reorganization of the landlord judicial system.

Consequences of the Serfdom Patent

The Patent was enforced differently amongst all of the various Habsburg lands. The nobility in Bohemia refused to enact its provisions, while the Transylvanian nobles simply refused to notify the peasants in their region about this emancipation document. The Hungarian estates claimed that their peasants were not serfs, but “tenants in fee simple, who were fully informed as to their rights and duties by precise contracts” and continued to restrict these “tenants”. In contrast, the peasants of the German-speaking provinces were actually aided by the Patent. The 1781 Serfdom Patent allowed the serfs legal rights in the Habsburg monarchy, but the document did not affect the financial dues and the physical corvée (unpaid labor) that the serfs legally owed to their landlords. Joseph II recognized the importance of these further reforms, continually attempting to destroy the economic subjugation through related laws, such as his Tax Decree of 1789. This new law would have finally realized Emperor Joseph II's ambition to modernize Habsburg society, allowing for the end of corvée and the beginning of lesser tax obligations. Joseph's latter reforms were withdrawn upon his death, but the personal freedom of serfs remained guaranteed through the first half of the nineteenth century due to the consequences of the 1781 Serfdom Patent.

Related Research Articles

<span class="mw-page-title-main">Manorialism</span> Economic, political and judicial institution during the Middle Ages in Europe

Manorialism, also known as seigneurialism, the manor system or manorial system, was the method of land ownership in parts of Europe, notably France and later England, during the Middle Ages. Its defining features included a large, sometimes fortified manor house in which the lord of the manor and his dependants lived and administered a rural estate, and a population of labourers who worked the surrounding land to support themselves and the lord. These labourers fulfilled their obligations with labour time or in-kind produce at first, and later by cash payment as commercial activity increased. Manorialism was part of the feudal system.

<span class="mw-page-title-main">Serfdom</span> Status of peasants under feudalism

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, which developed during the Late Antiquity and Early Middle Ages in Europe and lasted in some countries until the mid-19th century.

<span class="mw-page-title-main">Joseph II, Holy Roman Emperor</span> First Holy Roman Emperor from the House of Habsburg-Lorraine

Joseph II was Holy Roman Emperor from 18 August 1765 and sole ruler of the Habsburg monarchy from 29 November 1780 until his death. He was the eldest son of Empress Maria Theresa and her husband, Emperor Francis I, and the brother of Marie Antoinette, Leopold II, Maria Carolina of Austria and Maria Amalia, Duchess of Parma. He was thus the first ruler in the Austrian dominions of the union of the Houses of Habsburg and Lorraine, styled Habsburg-Lorraine.

Enlightened absolutism, also called enlightened despotism, refers to the conduct and policies of European absolute monarchs during the 18th and early 19th centuries who were influenced by the ideas of the Enlightenment, espousing them to enhance their power. The concept originated during the Enlightenment period in the 18th and into the early 19th centuries. An enlightened absolutist is a non-democratic or authoritarian leader who exercises their political power based upon the principles of the Enlightenment. Enlightened monarchs distinguished themselves from ordinary rulers by claiming to rule for their subjects' well-being. John Stuart Mill stated that despotism is a legitimate mode of government in dealing with barbarians, provided the end be their improvement.

<span class="mw-page-title-main">Lands of the Bohemian Crown (1648–1867)</span>

The Czech lands, then also known as Lands of the Bohemian Crown, were largely subject to the Habsburgs from the end of the Thirty Years' War in 1648 until the Austro-Hungarian Compromise of 1867. There were invasions by the Turks early in the period, and by the Prussians in the next century. The Habsburgs consolidated their rule and under Maria Theresa (1740–1780) adopted enlightened absolutism, with distinct institutions of the Bohemian Kingdom absorbed into centralized structures. After the Napoleonic Wars and the establishment of the Austrian Empire, a Czech National Revival began as a scholarly trend among educated Czechs, led by figures such as František Palacký. Czech nationalism took a more politically active form during the 1848 revolution, and began to come into conflict not only with the Habsburgs but with emerging German nationalism.

<span class="mw-page-title-main">Corvée</span> Form of intermittent, unpaid, unfree labour

Corvée is a form of unpaid forced labour that is intermittent in nature, lasting for limited periods of time, typically only a certain number of days' work each year.

<span class="mw-page-title-main">Abolition of feudalism in France</span> 1789 abolition of the French feudal system by the National Constituent Assembly

One of the central events of the French Revolution was to abolish feudalism, and the old rules, taxes and privileges left over from the age of feudalism. The National Constituent Assembly, acting on the night of 4 August 1789, announced, "The National Assembly abolishes the feudal system entirely." It abolished both the seigneurial rights of the Second Estate and the tithes gathered by the First Estate. The old judicial system, founded on the 13 regional parlements, was suspended in November 1789, and finally abolished in 1790.

<span class="mw-page-title-main">Emancipation reform of 1861</span> 1861 edict by Tsar Alexander II which abolished serfdom throughout the Russian Empire

The emancipation reform of 1861 in Russia, also known as the Edict of Emancipation of Russia, was the first and most important of the liberal reforms enacted during the reign (1855–1881) of Emperor Alexander II of Russia. The reform effectively abolished serfdom throughout the Russian Empire.

The Revolt of Horea, Cloșca and Crișan began in the Metaliferi Mountains, Transylvania, but it soon spread throughout all Transylvania and the Apuseni Mountains. The leaders were Horea, Cloșca and Crișan.

<span class="mw-page-title-main">Serfdom in Russia</span> Unfree peasant class of Tsarist Russia

The term serf, in the sense of an unfree peasant of tsarist Russia, is the usual English-language translation of krepostnoy krest'yanin which meant an unfree person who, unlike a slave, historically could be sold only together with the land to which they were "attached". However, this stopped being a requirement by the 19th century, and serfs were practically indistinguishable from slaves. Contemporary legal documents, such as Russkaya Pravda, distinguished several degrees of feudal dependency of peasants. While another form of slavery in Russia, kholopstvo, was ended by Peter I in 1723, the serfdom was abolished only by Alexander II's emancipation reform of 1861.

<span class="mw-page-title-main">Kingdom of Hungary (1526–1867)</span> Period of Hungarian history while under the control of the Habsburg monarchy (1526–1867)

The Kingdom of Hungary between 1526 and 1867 existed as a state outside the Holy Roman Empire, but part of the lands of the Habsburg monarchy that became the Austrian Empire in 1804. After the Battle of Mohács in 1526, the country was ruled by two crowned kings. Initially, the exact territory under Habsburg rule was disputed because both rulers claimed the whole kingdom. This unsettled period lasted until 1570 when John Sigismund Zápolya abdicated as King of Hungary in Emperor Maximilian II's favor.

The Robot Patent is an English-language scholarly term for the imperial decrees (patents) in the 1700s abolishing compulsory labor (robot) of serfs, issued by Joseph II, Holy Roman Emperor, who had carried out a register of all land with a division between peasant and noble holdings. Joseph II outlawed the buying of 'rustic' land by the nobility and at the same time giving the rusticalists security of tenure. His motive was to prevent the increase in 'dominical' land, which paid fewer taxes to the government. This led to the survival of the peasantry, with rustic land still having the robot. In 1789 it was abolished by Joseph II, but Leopold II restored it when his brother Joseph II died in 1790. The abolition of the Robot during the Revolutions of 1848 broke the last legal tie which held the peasants to the land, and was seen as a great victory by the peasants.

<span class="mw-page-title-main">Josephinism</span> Policies of Joseph II, Holy Roman Emperor (r. 1780–90)

Josephinism is a name given collectively to the domestic policies of Joseph II, Holy Roman Emperor (1765–1790). During the ten years in which Joseph was the sole ruler of the Habsburg monarchy (1780–1790), he attempted to legislate a series of drastic reforms to remodel Austria in the form of what liberals saw as an ideal Enlightened state. This provoked severe resistance from powerful forces within and outside his empire, but ensured that he would be remembered as an "enlightened ruler" by historians from then to the present day.

The Early Modern Times in Romania started after the death of Michael the Brave, who ruled in a personal union, Wallachia, Transylvania, and Moldavia – three principalities in the lands that now form Romania – for three months, in 1600. The three principalities were subjected to the Ottoman Empire, and paid a yearly tribute to the Ottoman Sultans, but they preserved their internal autonomy. In contrast, Dobruja and the Banat were fully incorporated into the Ottoman Empire.

<span class="mw-page-title-main">Absolutism (European history)</span> Form of unrestrained monarchical power

Absolutism or the Age of Absolutism is a historiographical term used to describe a form of monarchical power that is unrestrained by all other institutions, such as churches, legislatures, or social elites. Absolutism is typically used in conjunction with some European monarchs during the transition from feudalism to capitalism, and monarchs described as absolute can especially be found in the 16th century through the 19th century. Absolutism is characterized by the ending of feudal partitioning, consolidation of power with the monarch, rise of state power, unification of the state laws, and a decrease in the influence of the church and the nobility.

<span class="mw-page-title-main">Villein</span> Type of social status in medieval Europe

A villein is a class of serf tied to the land under the feudal system. As part of the contract with the lord of the manor, they were expected to spend some of their time working on the lord's fields in return for land. Villeins existed under a number of legal restrictions that differentiated them from freemen, and could not leave without his lord's permission. Generally, villeins held their status not by birth but by the land they held, and it was also possible for them to gain manumission from their lords. The villeinage system largely died out in England in 1500, with some forms of villeinage being in use in France until 1789.

<span class="mw-page-title-main">Georgian feudalism</span>

Georgian feudalism, or patronkmoba, as the system of personal dependence or vassalage in ancient and medieval Georgia is referred to, arose from a tribal-dynastic organization of society upon which was imposed, by royal authority, an official hierarchy of regional governors, local officials and subordinates. It is thought to have its roots into the ancient Georgian, or Iberian, society of Hellenistic period.

<span class="mw-page-title-main">History of serfdom</span> Aspect of history

Like slavery, serfdom has a long history that dates to ancient times.

State serfs or state peasants were a special social estate (class) of peasantry in 18th–19th century Russia, the number of which in some periods reached half of the agricultural population. In contrast to private serfs, state serfs were considered personally free, although attached to the land. They were liberated in 1866.

Land reforms were done in the Habsburg monarchy, beginning at 1680, in order to liberate the peasants from the bondages of Feudalism. They were officially motivated by ideas related to the Age of Enlightenment - the "natural law", revealed to the monarch, which states that peasants should be free. Other motives were: to weaken the nobility, to gain support with the peasants, and to increase tax revenue.

References

  1. Barbara Jelavich (25 September 1987). Modern Austria: Empire and Republic, 1815-1986 . Cambridge University Press. pp.  25–. ISBN   978-0-521-31625-5.
  2. David F. Good (1984). The Economic Rise of the Habsburg Empire, 1750-1914. University of California Press. pp. 33–. ISBN   978-0-520-05094-5.