Serfdom Patent (1781)
Encyclopedia
The Serfdom Patent of 1781 aimed to abolish aspects of the traditional serfdom system of the Habsburg
lands through the establishment of basic civil liberties for the serfs.
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 landlord; thus allowing the serf to independently choose marriage partners, pursue career choices, and move between estates.
Joseph II ruled as co-regent of the Habsburg Monarchy with his mother, Empress Maria Theresa of Austria
, from 1765 to 1780. 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.
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. 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 .
refused to enact its provisions, while the Transylvania
n 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 robota
(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 robota 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.
Habsburg
The House of Habsburg , also found as Hapsburg, and also known as House of Austria is one of the most important royal houses of Europe and is best known for being an origin of all of the formally elected Holy Roman Emperors between 1438 and 1740, as well as rulers of the Austrian Empire and...
lands through the establishment of basic civil liberties for the serfs.
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
Joseph II, Holy Roman Emperor
Joseph II was Holy Roman Emperor from 1765 to 1790 and ruler of the Habsburg lands from 1780 to 1790. He was the eldest son of Empress Maria Theresa and her husband, Francis I...
diminished the long-established mastery of the landlord; thus allowing the serf to independently choose marriage partners, pursue career choices, and move between estates.
Historical context
The Holy Roman EmperorHoly Roman Empire
The Holy Roman Empire was a realm that existed from 962 to 1806 in Central Europe.It was ruled by the Holy Roman Emperor. Its character changed during the Middle Ages and the Early Modern period, when the power of the emperor gradually weakened in favour of the princes...
Joseph II ruled as co-regent of the Habsburg Monarchy with his mother, Empress Maria Theresa of Austria
Maria Theresa of Austria
Maria Theresa Walburga Amalia Christina was the only female ruler of the Habsburg dominions and the last of the House of Habsburg. She was the sovereign of Austria, Hungary, Croatia, Bohemia, Mantua, Milan, Lodomeria and Galicia, the Austrian Netherlands and Parma...
, from 1765 to 1780. Following her death in 1780, Joseph II pursued further liberal reforms. His policies included the 1781 Edict of Toleration
Edict of Toleration
An edict of toleration is a declaration made by a government or ruler and states that members of a given religion will not be persecuted for engaging in their religious practices and traditions...
, 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
Age of Enlightenment
The Age of Enlightenment was an elite cultural movement of intellectuals in 18th century Europe that sought to mobilize the power of reason in order to reform society and advance knowledge. It promoted intellectual interchange and opposed intolerance and abuses in church and state...
ideals into his administration. Emperor Joseph’s enlightened despot contemporaries, Catherine the Great of Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
and Frederick the Great of Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
, 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 agricultureAgriculture
Agriculture is the cultivation of animals, plants, fungi and other life forms for food, fiber, and other products used to sustain life. Agriculture was the key implement in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that nurtured the...
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. 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 the various Habsburg lands. The nobility in BohemiaBohemia
Bohemia is a historical region in central Europe, occupying the western two-thirds of the traditional Czech Lands. It is located in the contemporary Czech Republic with its capital in Prague...
refused to enact its provisions, while the Transylvania
Transylvania
Transylvania is a historical region in the central part of Romania. Bounded on the east and south by the Carpathian mountain range, historical Transylvania extended in the west to the Apuseni Mountains; however, the term sometimes encompasses not only Transylvania proper, but also the historical...
n 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
Fee simple
In English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
, 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 robota
Robota
Robota is an illustrated book by Doug Chiang and Orson Scott Card about a mysterious fourth planet of the solar system named Orpheus. In a time before the events of the book, an alien race known as the Olm came to Orpheus and warned the people, explaining that their planet will crash into Earth in...
(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 robota 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.