The feudal system (manská soustava) was a medieval system of territorial and organisational units tied to castles. Individual territories were hereditably granted by the owner to persons (vassals, Czech manové), who in return were bound to provide him with services of a military and economic nature. Along with the lands, the vassals also acquired certain legal, judicial and economic privileges.
According to the nature of the services required in return, a distinction was made between noble fiefs (manství ušlechtilá, where vassals had to provide military services) and labour fiefs (manství robotná, where vassals had to help with the operation of the castle or the maintenance of the estate).
The feudal system was first used in the Czech lands probably on the estates of Bruno of Schauenburg and is associated with the arrival of German law. However, historical research has not yet been able to satisfactorily clarify the origins of the feudal system in Bohemia and Moravia.
Due to the scarcity of written sources, our knowledge of the feudal system is fragmented. Among the best-known are the feudal systems of Karlštejn Castle, Křivoklát Castle and some castles in eastern Bohemia (Náchod, Trutnov). Even smaller noble castles could have feudal systems. For example, Nový Žeberk Castle had fiefs in Kundratice, Kyjice, Újezd, Boleboř and Bernov.
The origins of the Krivoklat feudal system can be reliably traced to the reign of John of Luxembourg (specifically after 1337), from which the earliest surviving charters date, setting out the conditions of the feudal relationship and the extent of the property to which the feudal obligation was attached. The greatest number of these charters dates from the time of Wenceslas IV.
Initially, fiefs were granted only for the lifetime of the holder; later they became hereditary, exclusively through the male line. A widow could hold a fief only with explicit royal permission, provided some man swore an oath to assume the service obligations on her behalf. A vassal was not allowed to sell, encumber, or assign as a dowry his fief estate without the king's consent — any such transaction was void.
Upon the vassal's death, the fief was inherited by sons and grandsons, who were required to pay a fee called laudemium, report to the burgrave within a year (or to the captain, if no burgrave was available), and swear the vassal's oath. If this deadline was missed, the fief reverted to the king as lapsed. This happened to Majirkov ze Sence in 1389 and to Valent z Kounova in 1567, who had purchased a fief estate in Kounov from the Knezeves magistrate Havel for 700 threescore groats in 1558, but failed to register it in the feudal books or come to swear the oath beneath the tower at Krivoklat, and therefore the estate was forfeited to Archduke Ferdinand in 1567.
Vassals received their fief by swearing an oath at the iron gates beneath the square gatehouse tower. They were then led into the knights' hall, where their duties were announced and a chest for storing armour and other equipment was handed over. On this occasion, the vassals presented the captain with a hat adorned with a plume (mit Federpusch).
Fief records were to be kept in the feudal registers, which were established at Krivoklat in 1454, but vassals often additionally secured their entries in the court registers. In 1560, Archduke Ferdinand ordered Sternberk by open letter to summon all vassals to appear at the castle with their charters. After inspecting all the documents, the vassals were instructed to adhere solely to the feudal books and not to seek any jurisdiction other than that of the Krivoklat captain. From that time, vassals were no longer permitted to make entries in the court registers; nevertheless, we have evidence that they continued to neglect the feudal books and recorded only in the court registers.
Why it was insisted that feudal books be kept at every castle is explained by a court record from 1479: „Zjistilo se, ze mnoho dedin manskych bylo jiz od koruny ceske odtrzeno, jeden druhemu dediny prodavaje, druhemu listy kralovske vydava bez povoleni kralova; kdyz pak listove ztrati se, tu manske dediny vyjdou z pameti a za svobodne se vydavaji. Tak sluzba kralova hyne a urad dvorsky chudne.“
A fief could be terminated either by felony, i.e. breach of fealty — if a vassal failed to swear the oath in time, insulted the sovereign's person, neglected his duties or committed some other crime — or by commutation of service (e.g. Hedcany), whether free of charge, in reward for faithful service, or for payment. The king could not commute a fief on his own without the permission of the lords, for the reason that a fief was not purely a chamber estate (belonging to the king) but a territorial estate (belonging to the state).
The destruction of an estate granted as a fief did not extinguish the service obligation, but merely reduced it. When the villages of Pistny, Okrouhlik, Simin, and Olesek were completely burned down during the Hussite Wars, the obligations attached to them passed to the holders of the lands remaining from the deserted villages.
Feudal disputes were handled by a special feudal court, which judged independently, though huntsmen and foresters had their own separate jury. This court was composed of 12 vassals serving as sworn judges or aldermen. The plaintiff and the defendant each chose 6 vassals as judges.Thus Jan z Tyter testified in 1456 before the court: „Kdyz nas 12 manow a sluzebnikow sedlo na sud k rozkazani pana Alse Holickeho (ze Sternberka), sudili sme o dedictvi v Sadlne a to prisudili sme Drahonovi.“
After the death of Ales Holicky ze Sternberka (+1455), the feudal court ceased to function, and so the (noble) vassals turned to the court of the land, while the foresters remained under the castle court: When in 1454 Dorota z Chynavy summoned the foresters Vaclav Panoska and Jan Rybsa before the court, claiming they unlawfully held her forester's estate, the burgrave Jan z Kozojed wrote to the court that „ti hajni k soudu dvorskemu neprinaleži a maji od starodavna svuj zvlastni soud na Besedici.“
One of the last sessions of the feudal court in the 15th century took place when the brothers Jindrich and Jan Bornove ze Slabec summoned Jan Drahon in 1456 over an estate in Sadlno. At that time, the governor of the land Jiri z Podebrad ordered each party to gather 6 servants (vassals) for its cause.
In 1460, it was ordered that all common royal servants (vassals) and village magistrates of royal villages were to be tried in all matters of debts, estates, damages, and disputes before the court judge, while watchmen, tower guards, and gatekeepers of royal castles were to be tried for minor matters before the burgrave of their castle.
However, when in 1479 Jan Drahon ze Sadlna summoned Sulek ze Slovic before the court over a manor in Panosi Ujezd, the plaintiff was informed that he could not be tried against the orders of his burgrave.
Likewise, Katerina Vaclavkova z Panosiho Ujezda was instructed by the court in 1487 to seek the accused Jan Babtista at the castle court.
In 1529, three disputes arose simultaneously: the miller Daniel in the pool below Rakovnik replied to the town council that he had nothing to do with them, but according to a charter of King Vladislav he was answerable only to the castle captain. Vaclav Strojeticky na Chrici had a dispute with the vassals of Hlohovice over meadows, and Jindrich Krakovsky clashed with the captain over forests.
Only then did the captain Albrecht z Vresovic write to the court that it was necessary to re-establish the feudal court so that vassals could obtain justice without having to go to the court every time. No one knew by whom or in what manner the court should be constituted, as no records had been preserved and no one any longer remembered. The report also notes that „osoby rytirske sluzeb manskych nekonaji, sedmi i osmi nebozatky statek osadili a ta sluzby zastavati musi.“
The chief justice Vaclav Bezdruzicky investigated this submission and in 1531 wrote to the councils of the Bohemian Chamber that „poradek pri soude manskem na Krivoklatě stejny jest jako na Karlstejne, Hluboke, a Zvikove. Totiz puvod (zalobce) pohani sesti sluzebníky (many) strany sve spravedlnosti k osazeni soudu a pohnany tez sesti k roku od uredniku desk dvorskych polozenemu; a tech 12 soudcu zahajice soud, strany slyseli a nalez ucinili aneb strany na mocne smluvce (ubrmany) podali. Take pani soudu dvorskeho (aby) many pred soud na Krivoklat podavali a teprve kdyz tam porovnani nebyli, tehdy od purkreabi k urednikum dvorskym obehnani byli. Ale hajni krivoklatsti od starodavna na Besedici zvlastni svuj soud mivali.“
The following inventory of service obligations was based on the description of the vassals of Hradek Krivoklat from 1552, supplemented from many other sources.
If you enjoyed this article, please consider making a small financial contribution. Writing articles is very time consuming and we do it in our free time.
IBAN: CZ46 2010 0000 0023 0211 1610
BIC/SWIFT: FIOBCZPPXXX