THE EQAQ TQ REFGEM AND 'E'HE EMANQEPATEOM OF EH5 SERH IN HUNGARY $767-$361 Wash: 56:? film I'm a}? M. A. MI‘CREGAN 'SYATE‘. UNEVERSETY Imre Tibbr Jarmy 1967 WENT 0F HISTORY um STATE UNWIRSWV EAST LANSING. meme»: ABSTRACT THE ROAD TO REFORM AND THE EMANCIPATION OF THE SERFS IN HUNGARY 1767-1867 by Imre Tibor Jarmy Custom, tradition, law, peculiar feudal institutions, the personality of Habsburg sovereigns, economic social and political conditions were the main factors that determined the course of reform and the emancipation of the serfs in Hungary. The county system, the Tripartitum and Maria Theresia's urbarial reforms enhanced the privileged position of the nobility, while the high handed methods of Joseph II ushered in an era of reaction that lasted until the 1830's. By this time there emerged a new social and political current, noble liberalism, and a new class, an intelligentsia. In combination these two laid groundwork for a profound change in the world of the serf. During a brief reform period (1832-1847), a minority of liberal minded Magyar aristocrats, wealthy middle nobility and landless intelligentsia of noble birth successfully breached the walls of feudalism. Three consecutive Diets passed some of the most urgent reforms, and by the second half of the 1840's Hungary was well on the way to gradual change. The revolutions of 1848 accelerated this process to such an extent that feudalism, and with it serfdom, was abol— ished practically overnight. The Magyars were unable to implement their "April Laws" due to their military and Imre Tibor Jarmy political demise in 1849. An absolutistic Habsburg re— gime thereupon tried to save as much of feudalism (at least in its political and social aspects) as possible, and initiated reforms on its own terms. Vienna delayed until 1853 in announcing the terms of emancipation and until 1856 in providing a judicial machinery for the implementation of this monumental task. Austria's emancipation of the serfs was inadequate in several respects but it was almost radical in others. It was inadequate in that the Patent of 1853 made peasant owner— ship of land dependent on the types of land a serf tilled prior to emancipation, using as a guideline the antiquated 1767 urbarial registers of Maria Theresia. Consequently only forty per cent of the former serfs became landowners, while the rest became seasonal agricultural workers who were un— able to leave for the cities (as they did in the West and other Austrian provinces) due to Hungary's industrial back— wardness. The delays in implementation wrought a great hardship on the landed peasantry mainly because they were required to continue delivery of socage dues on certain (albeit smaller) portion of their lands until they could redeem them from their former lords. It was radical, however, in that Vienna assumed redemption payments on the major (urbarial) portion of serf lands and also enabled the peasants to acquire additional lands despite the stiff opposition of their former lords. In addition Vienna abolished the personal Imre Tibor Jarmy relationship between serf and lord as well as the age old distinctions between former serf, noble and other types of land which the Russian or Rumanian emancipations failed to accomplish. By 1867 the majority of the peasants were freed. Austria went further than the Magyar nobility was willing to go, yet the reforms were not much more than half measures. Both the nobility and the peasantry were unpre- pared for competition in a capitalistic economic system. Both were ignorant of modern, efficient methods of farming, in addition the government failed to provide them with vital credit facilities. The vestiges of feudalism continued to linger on: the nobility retained political control and after 1867 even the archaic county system was restored, while vital farm legislation was repeatedly defeated in Parliament. The reforms fizzled out into a procession of government half measures, endless court proceedings and a forest of legal technicalities. THE ROAD TO REFORM AND THE EMANCIPATION OF THE SERFS IN HUNGARY 1767-1867 BY Imre Tibor Jarmy A THESIS Submitted-to Michigan State University in partial fulfillment of the requirements for the degree of MASTER OF ARTS Department of History 1967 ACKNOWLEDGMENTS My heartfelt thanks to my mother and father, Maria and Tibor, whose love and devotion to self betterment instilled in me the desire to know. To my teachers at the Gimnazium of Sérospatak, Hungary who guided me to broad horizons in the humanities and sciences. To professor William O. McCagg, jr. whose infinite patience and invaluable comments helped make order out of these chapters. To Professors Arthur E. Adams, Madison Kuhn, Norman R. Rich and George W. Radimersky for their helpful suggestions. And to my wife, Marian, who not only typed the manuscript but whose tenacious insistence made me grasp the finer points of English phraseology. ii CONTENTS Page ACKNOWLEDGMENTS . . . . . . . . . . . . . . . LIST OF TABLES . . . . . . . . . . . . . . . . . . . V ILLUSTRATION . . . . . . . . . . . . . . . . . . . . Vi INTRODUCTION . . . . . . . . . . . . . . . . . . . . 1 Chapter I. FEUDALISM IN HUNGARY . . . . . . . . . . . . 5 State Organization The Tripartitum of Istvén Werboczy The Urbarium of Maria Theresia II. REFORMERS, REACTIONARIES AND REFORMS, 1780-1844 . . . . . . . . . . . . . . . . . . 21 The Reformers Joseph II Count Istvén Széchenyi Lajos Kossuth Ferencz Deék The Antagonists of Reform Francis I Prince Metternich Count Kollowrat Count Aurél Dessewffy The Reform Period, 1832—1847 III. REVOLUTION AND THE EMANCIPATION LAW, 1847—1849 . . . . . . . . . . . . . . . . . . 48 Declaration of the Opposition, 1847 Elections to the 1847 Diet Stalemate Between Crown and Diet April Laws, 1848 Revolutionary Government, 1848-1849 iii CONTENTS-—Continued IV. ABSOLUTISM AND PROBLEMS OF IMPLEMENTATION, 1849—1867 . . 6O Reign of Terror Bach System Patent of 1853 Land Disputes — Partial Emancipation Categories and Consolidation of Land Progress of Implementation V. BALANCE SHEET AND CONCLUSIONS . . . . . . . . . . 102 Resistance to Change Inept Agriculture Debt Taxes and Financial Crisis Inadequate Land Distribution Half Measures GLOSSARY . . . . . . . . . . . 109 BIBLIOGRAPHY . . . . . . . . . . 111 iv LIST OF TABLES Table Page 1. Pasture and Forest Allotments, 1853—1867 . . . . 84 2. Average Size and Dispersement of Peasant Lands, 1866 . . . . . . . . . . . . . . . . . . 89 3. Land Surveys and Adjustments, 1850 . . . . . . . 92 4. Urbarial Settlements, 1848-1865 . . . . . . . . 97 5. Size and Dispersement of Peasant Farms at the Beginning of the Twentieth Century . . . . . . . 101 ILLUSTRATION Page Map of Hungary During the Bach Period . . . . . . . . . 61 vi INTRODUCTION The emancipation of serfs in Europe was initiated and carried out by the ruling classes. It was a revolution from the top down which tried to remedy economic and social ills and at the same time preserve the status quo; that is, in— sure the continuity of political power in traditional hands —— that of the nobility. An exception to this is of course France. On the other hand, Prussia, the Habsburg Empire and Russia did manage to preserve the rule of their nobility while making their serfs "equal before the law." Custom, tradition and law influenced to such an ex— tent the way serfdom was abolished and reforms implemented that I found it necessary to reach far into the past and expose the roots of the troubles ahead. Moreover, as the work progressed, I found it imperative to dwell at consider— able length on the nature of the reformers since their desire for change was of such varied character according to their station in life. But for the same reasons I could not ig- nore the antagonists of reform either. Finally I had to examine briefly the reform legislation of the 1830‘s and 1840's in order to show how feudalism in Hungary tried to remedy its own ills. The liberalism of Hungary's nobility was not unlike, in essence, that of its neighbors; but the circumstances under which serf emancipation and its implementation came 1 2 about was different indeed. While Hungary was part of the Habsburg Empire, its Diet brought about emancipation on its own volition without imperial sanction from Vienna. At first the Crown Council even refused to consider the matter, and only under the threat of popular uprising and violence did it finally acquiesce. To complicate matters, the inept Emperor Ferdinand was forced to abdicate in favor of his nephew Franz Joseph, then barely eighteen years of age. This enabled the military to assume a major role in the affairs of state. Prince Felix Schwarzenberg maintained that the young Emperor was not legally bound by any of the promises of his predecessor and persuaded Franz Joseph to sanction military action against "rebellious" Hungary. At first Hungarian nationalism overshadowed the prob— lems of reform in that it directed public attention toward "a common enemy" the alien Habsburgs. But this nationalism permeated only the middle classes. The peasantry was in— terested almost exclusively in the terms of its emancipation. The peasant wanted title to the land he tilled and cared little for “the affairs of nobles." In order to insure a peaceful hinterland, the revolutionary government found it mandatory to implement the laws of the Diet of 1847. By 1849 the language of the Hungarian government's decrees was reminiscent of those of the Jacobins of the French Revolution, but it came too late for implementation. The peasants still refused to flock under the national tricolor. In addition, imperial Habsburg and Russian troops overwhelmed the Hun— garians in the field. In the.wake.of the Revolution a strong, centralized, alien government from Vienna tried to rescue as much of feudalism (at least in its political and social aSpects) as possible. Vienna promptly voided the radical measures of the revolutionary government, but it upheld the emanicpation law of the Diet of 1847. By 1850 the reform zeal of the Hungarians gave way to obstructionism against foreign rule and stagnation —— a "let us muddle through" attitude. It was not until 1853 that the Emperor issued the patent by which the emancipation of the serfs was to be implemented. This order remained the basis for the emancipation of the serfs in Hungary. The peculiarity here is that it was an alien government that carried out the liquidation of feudal— ism in Hungary and we could say almost against the wishes of the Hungarians. In the urbarial courts, established to adjudicate disputes between former landlord and former serf, the nobil- ity on the whole displayed great reluctance to part with its lands in favor of the freed peasants. The serfs, on the other hand, were equally unwilling to allow their lands surveyed and consolidated due to their traditional distrust of the nobility. The freed serfs received enough land to insure survival but far from enough to become successfully competi— tive in the new capitalistic system. Vienna, while politically oppressing the Hungarians by suspending their constitution and ruling by decree, steered a careful.course. It.assured.the loyalty of the nobility by not taking too much land away and simultaneously encouraged the peasantry to blame the nobles for not get— ting enough land. Grossly oversimplified, this is the old Habsburg principle of "divide et impera." The emancipation of the serfs in Hungary is unique for these reasons and worth an investigation. I spent my youth in Hungary and perhaps this might lead me to some insights concerning the Hungarian outlook on life and society which might escape the eye of a westerner. I also profess a fondness for the ”budos paraszt" (stinking peasant) as he was called by his lords. He is a fascinating mixture of rebelliousness and reaction; of land hunger and social- ism; of diligence and stupor; of poeticism and brutality; of fierce pride and servile veneration of authority. CHAPTER I FEUDALISM IN HUNGARY The Hungarian feudal system rested on three main pil— lars, namely the political state organization, the Triparti- tum, or code, of Istvan Werboczy, and the Urbarium of Maria Theresia. Within these three institutions also lay the beginnings of the peasant problem which resulted in a revolu— tion and the abolishment of feudalism in 1848. The state organization in Hungary, based on the county system, was the most unique political institution in EurOpean history. He, and he alone, who fully grasps the significance and purport of the Hungarian county will also fully grasp the main features of Hungarian history.1 Quite unlike the formation of other European nation states, Hungary owed its existence exclusively to war. This right by conquest became so ingrained in the nation‘s soul that it became the main force in the develOpment and ad— herence to the myth of the indivisibility of "the lands of the Crown of St. Stephen." The first written record, now lost, on reorganizing the counties dates from the reign of Charles I of Anjou (1308-1342), great-grandson of Istvén V (1270—1272) of the 1Emil Reich, "The Magyar County,“ Publications of the Royal Historical Society (New Series, London, 1893), VII, p. 38. Hereafter referred to as Reich, County. 5 House of Arpad. There were few officials. At the head of the county (megye) was the foispanz appointed by the Crown. Next in rank came the alispén appointed by the fOispén. The head of each district (jérés) usually four in each county, was the szolgabird, and under him two assessors (eskfidts). The office of the foispan soon became hereditary and lost much of its importance. By the beginning of the eight— eenth century office of the foispén was hereditary in twenty— eight, or half of all the counties.3 The office of the alispan increased its influence rapidly. It became elective after 1504, the tenure of office usually being one year; and most significantly it was from among these officers that deputations were sent to the palatine, the king, or in case of war to the enemy. The office of the szolgabir6 carried the same weight in the district as that of the alispén in the county. In addition, he was quite independent of the aliSpan and only in a limited sense his bureaucratic subordinate. And, moreover, his office was not only administrative but judicial and that of police magistracy as well. In other words all power in the district was concentrated in his hands.4 2For the detailed meaning of this and similar techni— cal terms below, see Glossary, p.109. 3Reich, County, p. 46. 4Strangely enough, on the local level (the villages) there was considerable autonomy. The landlords nominated the bird (mayor), but the peasants elected him; however, at times the peasants elected their own nominee. An excellent portrayal of local conditions is Baron szsef Eotvos' A falu jegyzoje (The Village Notary), (Pest, 1845). 7 The county system guarded the Estates from royal en- croachments upon their historic privileges. The counties had the right, firstly, to contest in writing or ignore royal decrees;5 secondly, a right to judicial autonomy; thirdly, a right to openly debate political matters; fourthly, and lastly, a right to deny collection of taxes and recruits for the central government. The tenacity with which the nobility clung to these rights can best be illustrated by the fact that the reforms of Parliament in 1848—1849 and 1869—1870 managed to bring about only the separation of the judicial and administrative branches of county government while prac— tically leaving everything else unchanged.6 Elections in the counties were public, usually by voice, at the frequently called meetings. Only the nobility and a few privileged non—nobles (honorationes) could attend. Only the nobles could vote. Irregularities were commonplace: votes were bought quite openly by distributing free barrels of wine making the electors drunk.’7 Opposition candidates 5This right was first established by the Aranybulla (Golden Bull) of 1222 and in numerous subsequent laws: 1291- 17; 1298 — 7, 20, 21, 23, 41; 1444 - 33; 1471 — 12; etc. See Hungary, Corpus_juris hungarici, 1000—1895, milleniumi emlékkiadés (Millenial Memorial Edition), Eds. Dezso Markus et al. (Budapest: Franklin Tarsulat, 1896—1901), I. This series consists of twenty volumes containing all the laws of historic Hungary. Hereafter referred to as Corpus juris. 6Law of 1869, Article IV, as quoted in Gusztév Gratz, A dualizmus kora (The Era of Dualism), (Budapest: Magyar Szemle Térsasag, 1934), I, p. 93. Hereafter referred to as Grétz, Dualizmus. See also Corpus juris, IX. 7Typical of county electioneering was the 1839 case of Deputy Pulszky from Séros county. This man was then a 8 were often beaten. Intimidations by show of force (kortes- kedés), the silencing of unpopular speakers by generating loud enough and long enough noise, the inept and corrupt handling of county government, were all good reasons why in the Lower House of Parliament Deputy Agoston Trefort as late as 1866 called the counties “the refuge of medieval barbar— ism;" while in the Upper House in 1875 Baron Pal Sennyei talked about ”Asiatic conditions“ in reference to county administration.8 The nobility was the county. Through it the nobles presented a solid and formidable wall to the monarch if they felt that the royal power aimed to jeopardize their ancient privileges. Yet this nobility was caleidoscopic in its com- position. A large number of them lived like peasants, on less than a serf's plot of land.9 The gentry, or middle nobility, owned estates of moderate size (this was the second largest group); while only a handful, the "historic" families political unknown who was elected over the well known but poor County Aurél Dessewffy because Pulszky's wealthy uncle, a certain Fejérvéry, had him elected to honor a bet. Bélint Hdman and Gyula Szekffi, Magyar torténet (Hungarian History), (Budapest: Magyar Kirélyi egyetemi nyomda, 1932—36), V, p. 386. Hereafter referred to as Homan and Szekffi, Torténet. 8Grétz, Dualizmus, I, p. 92. 9These “seven-plum—tree,” petty, or “moccasin“ nobles lived in "noble" (i.e. tax free) villages. In 1858 of a total of 9,246 villages 906 (nearly 10%) were "noble.“ Budapesti Hirlap, February, 13, 1858. (about 160), owned estates of gigantic proportions.10 The nobility's lands were tax free and “entailed" (aviticitas), that is to say not transferable from the family trust.11 Ironically this privileged Estates Hungary had more franchised voters in 1830 than France off“liberal" England.12 Living proof that numbers alone do not make for better government. An additional feature of the counties was to elect and send deputies to the national Diet instructing them how to vote on each issue. These instructions were absolutely binding on the deputies which not only promoted decentrali— zation and local patriotism but also retarded the develop- ment of political parties. The Diet consisted of two bodies: the Upper and Lower Houses, quite similar in its composition to that of England. Members of the Upper House were the aristocrats, the "his— toric" families of Hungary, (their seats were assured them by virtue of birth); and the princes of the Catholic Church also with permanent seats, of course not by birth but by virtue of their office. They could veto any legislation passed by the Lower House and were loyal to the Crown. The 1°1n 1347 there were 617,521 nobles (130,000 families) in Hungary, or 5.2% of the population. Of these only 30,000 families were owners of large and medium sized estates. Elek Féhyes, Magyarorszag leirasa (A Description of Hungary), (Budapest: Beimel Jozsef, 1847), II, p. 46. Hereafter referred to as Fényes, Leirés. 11Taxation, however, was based on the person and not on the land owned. This ancient privilege, (established in the Golden Bull in 1222), was renewed by the Diet of 1741 (Article VIII) For the text of the law see Corpus juris, V. 12There were approximately 260,000 voters in Hungary according to Lajos Kossuth; while France had no more than 200,000; and England had "even less", according to Jeno Horvath, Torténelmi tanulményok (Essays in History), Second edition (Budapest: publ. by the author, 1936) pp. 38—39. Lower House consisted of elected deputies, 10 as mentioned be- fore; but members of the aristocracy could become delegates in it as well if duly elected, resulting in the strange phenomena that from time to time one person held a seat in both Houses. casional brawls in the Diet, over some finer point of law. quently by acclamation, thus a carry an issue. As a rule the Crown had new legislation in the form of gates, for the most part, were the Crown a list of grievances "unconstitutional" acts. Just as at the county meetings there were oc- especially in the Lower House, Voting was by voice and fre- vociferous minority could the initiative in proposing a royal rescript. The dele- satisfied in submitting to accusing the government of Organized political parties were non—existent, but the government usually had the votes of a majority of delegates. What is unique, however, is the fact that while vari- ous monarchs were forced to rule Hungary by decree due to obstinate county resistance in except Joseph II, attempted to underlying reason was that the not, was able to influence the fdispans (thus assuring itself Lower House); and also because nobility strove to maintain a political status quo. the Diets, not one of them, crush the county system. The government, more often than county elections through the a majority of votes in the both the government and the The serf had little if any redress aside from periodical localized riots. 11 The Habsburgs were successful in administering Hungary through loyal Hungarian officials and were careful not to antagonize the Magyars' (i.e. the nobility's) patriotism.13 An exception again was Joseph II. The second main pillar of feudalism in Hungary was the Tripartitum, or code, of Istvan Werboczy.14 The Tri— partitum was the result of a bloody and large scale peasant revolution in 1514. It finalized the subjugation of the peasantry by the nobility; it prohibited free migration and extended the nobles' ius gladii (right of life or death) over them.15 So strong was this stranglehold, codified by Werboczy, that it endured practically unaltered until the revolution of 1848—1849. The one hundred and fifty years of Turkish occupation, following the Hungarians' defeat at Mohacs in 1526, helped enhance the power of the nobility (on the basis of the T2}; partitum) over the serfs and vis—a—vis the monarch. It also disrupted economic development. The many campaigns of the Magyars (the "shield of Christianity”) against the Turks 13Article X of the Law of 1790 illustrates this point best. It reiterated the independence of Hungary within the bounds established in the Pragmatic Sanction of Charles VI as adopted by the Diet of 1723. See Corpus juris, V. 14For a complete text see Corpus juris, VII. 15Great Britain, Parliamentary Papers, The Royal Commission on Labour, Foreign Reports, XI, (1893—1894), pp. 72, 173-74, as quoted by Hans Kohn, The Habsburg Empire, 1804—1918 (Princeton: D. Van Nostrand, 1959), p. 128. 12 resulted in severe depOpulation of some areas of Hungary, especially in the Great Plain region. These factors, Turkish occupation and depopulation, were the main reasons for the steadily worsening condition of the serf. Vienna was power— less to check the excesses of the nobels and the Turks did not care to do so. For two hundred and fifty years after the battle of Mohacs, the landlord was virtually free to dictate to his peasants as he saw fit; and with the passage of time in many localities working conditions deteriorated far below those stipulated in the Tripartitum. To give a comprehensive picture on this matter is nearly impossible because conditions were different in each locality. We find, however, that in the trans—Danube region (Dunantdl) it was not uncommon to find estates where the serf had to robot (forced labor) six days a week for his landlord as for example on the estates of the Counts of Batthyany; while on some estates of the Great Plain only one day a week robot was required as on the holdings of the Grassalkovich family.16 In Transylvania (Erdély) conditions were more unfavorable to the serfs, especially in regions where the majority was of Rumanian extraction; but were favorable toward the German (Szasz) settlements and of course towards the Székelys, a Hungarian speaking minority fiercely independent and peculiar in their customs. Then again, along the Tisza river the serfs had 1eHoman and Szekffi, Tbrténet, IV, p. 538. 13 an easier life as for example on the Dessewffy and Apponyi estates.17 There were regions where local contracts, called urbariums, existed between landlord and a body of serfs, as for example in the case of various towns (mezbvarosok) of the Great Plain and along the Tisza river and on some church lands in the Highlands (now Slovakia). These urbariums were relatively reasonable and favorable to the serfs and free peasants. But in general, it is quite safe to say that the landlord was reluctant to ease the burden of his serfs, and he did so only when forced by the monarch. The serf learned to distrust and hate his landlords so much that he attributed any improvement of his lot (even when brought about by the landlord without royal command) to the good will and generosity of the king and looked to the Crown for protection. Robot on the lord's allodial lands was but one of the many duties of the serf. He was also obliged to furnish the lord with transportation (forspont) and to considerable dis— tances, such as to the frequent meetings at the county seat. He had to bring to market the produce of both urbarial and allodial lands —— all this over roads that were nothing but an impassable quagmire during most of spring and fall and a choking dustbowl in the summer. In some western counties, where the produce of Hungarian lands was marketed ir1 17H6man and Szekfu, Tarténet, IV, p. 540. 14 Austria, the serf was even forced to pay the various and num— erous customs duties imposed on these products, without com- pensation from his lord. He had to furnish his own food and fodder for the draft animals as well. From the produce of the urbarial lands the landlord was entitled to a ninth while the church laid claims to a tithe. The serf was also responsible for furnishing recruits to the army, although in this respect he enjoyed the protection of the counties to some extent since they were often reluctant to execute royal demands made upon them. The reason for this was mainly that the nobility, who comprised the county, was anxious to have a maximum number of serfs on their lands to insure income. The serf had to house and feed troops stationed in the locality.18 They were also responsible for the expenses of the deputies to the Diet. The enumerated obligations bound those serfs with a claim to a plot or a fraction thereof. There were many serfs with no, or very little, urbarial land. Often they only occupied a house in urbarial rent, and at times not even that. These were the zsellérs (cotters) who performed the duties in the manorial vineyards and orchards; who tended the herds of horses, cattle, and sheep; and the inner duties of the manor. They depended solely on the landlord for their livelihood and multiplied fastest among the serfs.19 In the 18Exceptions were the military districts on the Turkish border. See map, p. 61. 19The cotters increased in number dramatically between 1767 and 1846. There were forty—six cotters in 1767 to one hundred serfs. In 1828 the ratio was one hundred four to one hundred; while in 1846 it was one hundred forty—seven to one hundred according to Gyula Mérei and Gyorgy Spira (eds.), 15 rigid class structure of peasant life they were looked upon with contempt by the landed serfs who in turn were detested by the free landholding peasantry. All of the serfs (landed and landless alike) shared the protection of the lord in that he was responsible to provide them with shelter, food, and at least the minimum necessities of life no matter how inadequate these seem by today's standards. They were entitled or allowed to keep cattle and other domestic animals on the communal. pastures, and there was no evidence of remuneration to the lord for this. The woodlands, which by the first half of the nine— teenth century were all considered manorial lands, offered free fuel to the serfs who were allowed to gather the dry branches and the overseers (ispan) readily overlooked the occasional felling of a live tree as well, especially in heavily wooded areas or those remote. The serfs' hogs could feed freely on the fallen acorns in these woods. On the waterfront the serf had free access to gather reeds used for a variety of purposes such as thatch roof, fuel, manufactur— ing of peasant crafts, etc. Fishing was good and also free. If all these extra benefits, as they could be called, are considered, the lot of the serfs was not so miserable Magyarorszégtbrténete, 1790—1848 (The History of Hungary, 1790—1848), (Budapest: Tankbnkaiadd, 1961), 111. pp. 7-8. Hereafter referred to as Mérei and Spira, Tdrtéhet. In 1847 the number of cotter families was estimated at 911,744 or about 60% of all serfs according to Fényes, Leirés, I, pp. 47-49. 16 since they enjoyed a relatively high degree of economic security.2 It is also true that if a serf became involved in a dispute with his lord, his only redress was before the lord's court (uriszék) composed solely of nobles who were apt to hand down a biased judgment in favor of the lord, regardless of the facts since it was an unwritten rule not to let the “stinking peasant" think that he is a somebody in order to prevent his becoming unduly greedy. The serf, or for that matter all non-nobles, were barred from holding office on any higher level than a village bird (mayor). Besides the political and judicial control which the nobility exercised over the serfs, there were economic monOpolies as well that benefited the landlords. Such ex— amples were the right of innkeeping which was usually leased to local Jews, a sizeable minority without any political or legal rights; the right to operate flour mills; and the right to hold weekly fairs on local and county levels that were frequently coupled with religious festivals and pilgrimages. Economic mobility and, coupled with it, social mobility was at a minimum7and it was a society that on the whole followed the motto: “Let the shoemaker stick to his last.“ 20Delgates to the 1825- 27 Diet used these arguments as justification for the status quo. Their superficiality prompted Count Istvan Szechenyi to write in his diary: "We see 400, 000 souls who want to maintain their prerogatives and exclusive privileges against 10, 000, 000 people about whom at the Diet nobody says a word" according to Merei and Spira, Torténet, III, p. 195. 17 Maria Theresia's survey, or Urbarium of 1767 (the third pillar of Hungarian feudalism), was the first effective reform regulating in an orderly fashion the peasant-lord relationship both in social and economic matters.21 The Urbarium aimed at eliminating the excesses of the landlords which went unchecked for the previous two hundred fifty years. Where conditions were better than those minimum norms set down in the Urbarium, the queen did not want to interfere to avoid peasant antagonism. She made change mandatory only in regions where the serf carried an excessive burden. Since taxation was based not on the land but on the person, and since the nobility was exempt from taxation, the queen was quite anxious to uphold the right of the serf to a parcel of land. By doing so she followed the precedent established in the Tripartitum to this effect. To insure the flow of revenues to Vienna, Maria Theresia ordered the survey of non-noble lands. For the first time jobbagy lands were surveyed and their size determined. Due to the differ— ences in fertility and according to its geographical location, a serf plot differed in size. For example in Arva county, it varied between sixteen acres for the prime available land and forty acres on the least fertile land; while meadow al— lotments deviated between six and twenty-two acres.22 Due 21For a complete text see Corpus juris, V. 22For tax purposes and to insure equity, the urbarial registers classified the lands into three categories accord— ing to fertility. 18 to the devastations of the Turkish wars there were regions vfliere great tracts of land were depopulated. The Urbarium clrdered the nobles to settle serfs on these "remainder lands." TTnair classification was ”urbarial" which meant that taxes were collected on them. The regulations of the Urbarium were precise concern- ing; the meadows and arable lands of a serf plot, the main souurce of revenue for Vienna; but they left much to be de- siread.in the chaos surrounding other types of lands. Thus allcacation of pastures was made dependent on the geography Of ‘the region resulting in their continued communal ownership. The: (:otters'inner lands (belsoségek) were regulated according to seize. However, the nature of the land -— whether it was IHflDErrial, rented to the serf, or allodial belonging to the lanCilcmd.—- was left undetermined. Since these inner lands OftHEII consisted of vineyards, they caused bitter disputes at tflae time of the emancipation. The status of the sizeable Cleétred.lands was not determined either, which also became a maijjor source of friction between serf and landlord after emancipation. The serf plot remained the basis on which taxes were Collected for the state and the landlord received services fronl the peasant; but while taxes increased, the Urbarium Clrcnlnlscribed the serf's socage obligations and checked the lamdlord's excessive demands. At the same time the serf was prohibited to subdivide his urbarial lands; a prudent move by tide Crown aimed to insure the collection of taxes on them. 19 Robot was drastically reduced from the customary three to six days per week to two days —— or one day if the peasant used his own livestock. In order to throw further light on the peasant’s plight, it should be noted that the one hundred four days of robot per year ordered in Maria Theresia's Urbarium was hailed as a great humanistic gesture and achieve— ment. This same number of days was fixed in Werboczy's‘lri- partitum as very heavy punishment!23 This indicates the extent to which the condition of the serf deteriorated during the previous two hundred fifty years.24 Maria Theresia was far from introducing radical meas- ures into Hungary, even if the nobility thought so at the time. In Bohemia and Moravia she went much further by abolishing serfdom on the crown lands and dividing it among the peasantry making them free landholders. The counties resisted reforms, especially since the Urbarium curtailed their indiscriminate and unchecked levy— ing of taxes. Even the allotments for county deputies to the national Diet were reduced so that they would not be able to “live in too much pomp."25 Some counties refused to submit the results of the various lawsuits concerning serf properties for revision to the viceroyal councils and even opposed the urbarial land 23Homan and Szekfu, Tbrténet, IV, p. 543. 24Flogging of the serf was reduced to a maximum of twenty strokes, also on humanitarian grounds. 25Homan and Szekffi, Torténet, IV, p. 540. 20 surveys in the villages. But the queen stood fast. She sent royal commissioners to the recalcitrant counties (Pozsony, for instance) to force the foispahs to implement reforms. The Urbarium improved the peasants' condition only temporarily. By the end of the eighteenth century the serf was sinking fast for several reasons. First, because the Crown and the nobility came to terms, due to the Napoleonic wars; secondly, because a changing economic situation in EurOpe (fluctuating and declining grain prices and the like); thirdly, because of the influences of the French Revolution and Austria's desperate attempt to halt the incursions of French ideas; and fourthly, because the Tripartitum was still in effect. Thus, while Maria Theresia instituted reforms in the “spirit" of enlightenment her Urbarium (like the Werboczy code) became an economic and political tool in the hands of the nobility against the serfs for whose protection it was issued. CHAPTER II REFORMERS, REACTIONARIES AND REFORMS, 1780-1844 The pattern of reform from the tOp down did not last for more than a decade following Maria Theresia's death. Her successor, Joseph II, was the last Habsburg who tried to modernize feudal Hungary. His efforts, however, came to naught upon the stubborn resistance of the Magyar nobility who thought that Werboczy's Tripartitum and Maria Theresia's Urbarium needed no ammendments. Emperor Francis 126 shared the nobles' views and until 1830 his main concern was to hold down the lid on all political ferment and to suppress the ideas of the French Revolution in the Habsburg dominions. But the monarch and his government were unable to prevent the emergence in Hungary of a new social and political cur— rent, noble liberalism, and a new class, an intelligentsia. In combination these two laid the groundwork for a profound change in the world of the serf. By 1830 reforms were proposed not by the government but by a handful of men in the Diet who managed to overcome the narrow mentality of their class and opposed the reac— tionary domestic policies of the monarch. For fifteen years (1832-1847) this minority of liberal minded Magyar 26Francis I (1792-1835) was Holy Roman Emperor as Francis II until 1806 when he abdicated under pressure from Napoleon Bonaparte. He assumed the title Emperor of Austria as Francis I in 1804. 21 22 aristocrats, wealthy middle nobility and intelligentsia of noble birth tried to bring about reforms in all phases of life through parliamentary procedures. They managed to breach the walls of feudalism. Yet in three consecutive Diets only some of the most urgent reforms passed, the major- ity were rejected. The road to reform was long and frustrating at best, although the start was spectacular. If the cautious and con— servative Maria Theresia instituted reforms out of necessity against her political and moral beliefs then her successor, Joseph 11 (1780-1790), made them because of his political and moral convictions. Frederick the Great of Prussia ap- praised him the following way: He was born in a bigott court but overcame superstition; he was reared in pomp but leads a simple life; they flatter him, still he is modest; the thirst for glory drives him, still he sacrifices his ambitions and carries out his duties as an obediant son, quite conscientiously; his teachers were pedantic yet he reads Voltaire and is able to appreciate him fully to his merit.27 How well Joseph II appreciated Voltaire and the philo— sophs became evident when as one of his first acts as Emperor he abolished serfdom. To the great consternation of high and low nobility alike he introduced general taxation as well and then proceeded to alleviate the conditions of the serfs. He allowed them free migration, gave royal permission to marry, attend school, acquire a profession or trade and enter upon it. With a single decree he abolished precedent, custom, 27Letter to Voltaire, September 16, 1770, as quoted by Henrik Marczali, Az abszolutizmus kora (The Age of Absolutism), (Budapest: RéVai kbnyvkiado, 1906), p. 637. 23 and law which required the serf to obtain his lord's permis- sion to do any one of these. The serfs completely misunder— stood the monarch's motives and in several localities went into open rebellion against the nobles. The intensity of peasant resentment is best illustrated by the rebellion in Transylvania under the leadership of Hora and Kloska which was put down at the cost of approximately four thousand lives with one hundred villages destroyed. It is little wonder the peasants went to such excesses; in ignorance they inter— preted the decree as a license to “get even" with the hated landlords. Traditionally the peasants considered the nobility and their Diet as the main obstacle which prevented the monarch from improving their lot. And there was much truth in this. By removing the obstacle permanently they intended to do the king, and themselves, a service -— the establish— ment of a new order of things.28 Joseph II was resolved to accomplish just that; and in the process he managed to set in motion the forces of reaction which in the end destroyed all he hoped to attain. He refused to be crowned Hungarian king; refused to convoke the Diet; ordered the Crown of St. Stephen to be brought to Vienna and deposited in the state treasury among some other 28The Emperor intended to accomplish his reforms with- out the "assistance" of the Hungarian Diet which he considered an anachronistic relic. He feared (and not without reason) that the nobility would not abdicate its historic privileges. He also scorned the legislative machinery of the Diet where only ten of the five hundred members had an active role in legislation, thus rendering the constitutional process point- less, according to Ignéc Acsédy, A_magyar birodalom torténte (History of the Hungarian Empire), (Budapest: Révai Kbnyvkiado, 1903), II, pp. 545-46. 24 old relics. He proclaimed the so called "ius placenti" (right to acquiesce) in making Papal decrees public in his lands which.bmought the POpe hurriedly to Vienna —— in vain. He cnxuited a lesser nobility loyal to him of shopkeepers, mer- charH:s, innkeepers and the like. He introduced religious tolen:ance to the great relief of the large and persecuted proteastant minority in Hungary. He curtailed ecclesiastical holCtings and taxed them. He abolished scores of monasteries. He iiitroduced imperial officials at the head of the Hungarian courrties and declared German the mandatory official language. But lie was unable to overcome the resistance of the Estates and on his deathbed revoked all his decrees except those emarlcipating the serfs and on religious freedom. The Estates quiCikly regained their former power under Joseph's II brother, jLeOLDold II (1790-1792). The emancipation proclamation was SOOrl annulled too. Joseph's high-handed methods achieved the opposite Of'Mflaat he hoped to accomplish. Instead of a centralized statee, separatist aspirations came to the fore, especially in ITCungary. Instead of a modern economy, old and inefficient “Btllcxis prevailed, especially in agriculture. The lot of the Serf Tbecame steadily worse; first due to the increased tax burdfin and inflation during the Napoleonic wars, and later becallse of boom in the wool industry. The power of the EStEHZes was not borken and remained virtually unaltered until If”. the revolution of 1848-49. 25 With the death of Joseph II attempts at serious and fundamental reform on the part of a Habsburg monarch came to an end. Leopold II (1790—92) and Francis I (1792-1835) were both outright reactionaries. Ferdinand's I (1835-1848) sig- nature on the reforms of 1848 meant little, because he was a mere figurehead, an imbecile and epileptic.29 It is said that his only sensible utterance after ascending the throne was, "I'm the Emperor and I want noodles'."30 After nearly forty years of silence there appeared a man in Hungary whose political, literary and economic activi- ties contributed more to the rekindling of the reform move- ment and its acceptance by a portion of the nobility than decades of dreary debates in the Diet or royal fiats ever hOped to accomplish. This man was Count Istvan Szechenyi, a magnate of immense wealth and a loyal monarchist. He saw Hungary's only salvation in a close alliance with Vienna and the Habsburgs. Eventually he blamed himself so much for the revolution of 1848—49 that he ended his own life while in an insane asylum. His bitterest enemy Lajos Kossuth called him "the greatest Hungarian" (a legnagyobb Magyar); and he is remembered bythat epitaph to this day. 29A. J. P. Taylor, The Habsburg Monarchyj 1809—1918, Revised ed. (London: Hamilton, 1948), p. 47. 30Gordon A. Craig, Europe Since 1815, (New York: Holt. Reinhart and Winston, 1962), p. 58. The term "Knodel" is untranslatable into English; for this reason I used Mr. Craig's transliteration of it as ”noodles“. 26 Szechenyi attacked his own privileged class with biting irony in a book entitled Hitel (Credit) published in 1830, just five years after he founded the Hungarian Academy of Sciences at the Diet of 1825 by donating one year's total income from his estates of about sixty thousand gold florins.31 He lashed out at the aristocracy for their conceit and for their oppression of the peasantry. He proved on economic grounds the uselessness of robot, the ninth, the obligatory use of peasant livestock for transportation of the aristoc- racy (forspont), and also the wastefulness of the forced road building in the counties. The holy of holies of Estates Hungary, tax exemption, was also not immune from his biting sarcasm; neither was Werboczy's Tripartitum, the code of vested noble interests. The effect was electrifying —— it stirred the aristoc- racy and peasantry as well. In the name of the aristocracy, Count szsef Dessewffy replied with great indignation and consternation in a work entitled Taglalat (Analysis) defend- ing the status quo. The serfs had different views from those of Dessewffy. Although it is quite difficult to imagine how these uneducated people could glean the essence of Szechenyi's message from the pages of this dry, technical and impassionate book; but glean they did as this 1831 report of the overseer 31Ignatius Acsady, "The History of Hungary," The Mil- lenium of Hungary and Its Pegple, Ed. szsef Jekelfalussy, (Budapest: Kosmos, 1897), p. 63. This gallant offer from the young and yet unknown "captain of the cavalry" was enacted into law mainly through the patronage of Archduke Joseph, Hungary's Palatine (nador). 27 of the estate of Dorgicse attests: In the trans-Danube region [of western Hungary] the poi- son of Hitel caused overseer and landlord alike to sit back; to what did this book,praised to the skies by mature minds, give birth; this is the book which should have been burned together with its publisher and press. Yes, one has to handle the serfs delicately. A little cholera [epidemic] would not hurt at all.32 When a cholera epidemic actually swept this very region in 1831 the peasants said that this was not true, that the quarantine was imposed only to prevent "the Count from Pest" from bringing in the truth. But Estates Hungary quieted the serfs with ease and it took another twenty years before re- forms were enacted into law and implemented mostly by aliens. Szechenyi tried to instill into the nobility a sense of obligation toward Hungary which he scornfully called “The Great Waste" (nagy parlag). He met with much hostility. In some localities volumes of Hitel were publicly burned. ESpecially the middle nobility was hostile because it feared the loss of its ancient privileges that kept them above the peasantry. They were too narrow minded to grasp the signif- 33 This message in essence . I . . 1cance of Szecheny1‘s message. called for the economic regeneration of Estates Hungary. It necessarily meant the termination of the old feudal rights. In his subsequent books all through the 1830's Szechenyi re- stated this theme. He tried to do away with an outmoded and' 32H6man and Szekffi, TOrténet, V, p. 267. 33Dominic Koséry, A History of Hungary, (Cleveland: The Benjamin Franklin Bibliophile Society, 1941), pp. 194-5. Hereafter referred to as Kosary, History. 28 inept feudal institution and replace it with a modern, western capitalistic system.34 All through his life Szechenyi remained an aristocrat at heart. He was a true champion of liberty and economic as well as social progress, but his arguments were coldly logical - appealing to reason, not to the hearts of men. He demanded from the nation and the individual a high degree of discipline. He stayed aloof from the public in that he ”despised all demagoguery, mistrusted popular enthusiasm."35 For these traits he was admired and respected, but not loved. As an aristocrat he tried to preserve the ties with Vienna and the House of Habsburg. He feared revolution and vio- lence and wanted the reforms to come about through the co- operation of Diet and Monarch. This middle—of—the—road at- titude finally caused him to turn against the Opposition and join the government forces in the mid 1840's. Even so he did not abandon his reform aspirations. He sided with Vienna in the hope to persuade the government to bring about the much needed changes.36 If we label Count Szechenyi as a reformer of the right, then we have to call Lajos Kossuth a reformer of the radical left. Kossuth, a petty noble or gentry, was a Magyarized 34B. G. Ivanyi, "From Feudalism to Capitalism, The Economic Background to Széchenyi's Reform in Hungary," Jour- nal of Central European Affairs, 1960, XX, pp. 287-88. Here- after referred to as Ivgnyi, Szechenyi. 35George Barany, "The Szechenyi Problem," Journal of Central European Affairs, 1960, XX, p. 261. 36Me’rei and Spira, Torténet, III, p. 271. 29 Slovak; and as is the case with converts in general, he tried to be a better Magyar than all the rest put together. In this he succeeded exceedingly well. He became a fierce and very eloquent partisan of the greatest of nineteenth century maladies, nationalism; and strongly opposed Széchenyi's monarchist tendencies by advocating virtual in— dependence from Austria. When in the mid 1830's Vienna tried to terrorize the radicals into silence, Kossuth was one of those arrested and imprisoned (1837-40). His seat in the Lower House (won first in 1832 as a proxy for three absent aristocrats, and again in 1847 as a delegate from Pest county) and his ambition finally made him head of the Opposition in 1847. Without rhyme or reason, he advocated practically every conceivable reform such as compulsory education, establishment of various industries, planting of trees on the Great Hungarian Plain, abolishment of corporal punishment for the peasant, etc.; but he failed to propose concrete methods to implement these reforms. He was an idealistic publicist and orator of whom Széchenyi remarked that he spoke to the heart and not to the intellect. Especially through his newspaper Pesti Hirlap (1840) Kossuth helped to instill in the Hungarian public the neces— sity for reform -- any reform: We mentioned how teachers drive knowledge into the heads of children with stick and whip; how with a stick loyalty is instilled into the heart of the servant by the lord of the house to whom the farmhand (béres szolga) is still subjected in many places like a slave in unbridled tyranny...how we saw the village birds, the cornerstones of executive power, put on the whipping post in an entire 30 district for uncollected taxes...we remember those virtuozos of beating who...from the coachman...to the freight wagon driver...up to and including the village biros beat everything and beat eternally;...[or] the policemen in Pest who beat up those involved in a street brawl because brawling was prohibited. After reading articles such as this, it is easy to see how the contemporary reader could not help but ball up his fist and decide that no matter what, this awful thing had to come to an end. Széchenyi hated him for this passionate, irresponsible sensationalism and feared that Kossuth was leading the nation to the abyss of disaster: revolution. To Archduke Ludwig he proposed to either ”utilize or string up" Kossuth.37 In his book Kelet Népe (People of the East, published in 1841) Szechenyi savagely attacked him for instigating revolution. This was unfortunate, unwise, and unjust. Kossuth replied accusing Szechenyi of paranoia since he, Kossuth, did not want revolution.38 But Kossuth's liberal naivité was quite apparent. He advocated the same things as Széchenyi when he said: Law is the most effective educator, law is one of the richest sources of a nation's moral state. It is a memorable phenomenon in the annals of history that the taming of morals goes everywhere hand in hand with the taming of laws.39 Széchenyi's reactionary stand divided the reform movement; 37Hdman and Szekfu, Torténet, V, p. 325. 38Me’rei and Spira, Tbrténet, III, p. 271. 39Homan and Szekfu, T6rténet, V, p. 314. 31 he seemed to have abandoned reform and people turned away from him. The personal antagonism of these two men, their distrust of each other, was tragically a prime factor in shaping the future course of reform. Between the reformers of the right (the wealthy aristocrats) and the left (the landless intelligentsia) represented by Széchenyi and Kossuth was another group, which perhaps could best be described as the fence-straddlers. Their representative was Ferencz Deak, another country squire. like Kossuth but with the notable difference that while Kossuth was a petty noble without land and the bourgeois pro— fession of a lawyer and publicist, Deék was a gentry who tended his small estate and came to Budapest only on official business soon to return again to his country home. His thinking was perhaps the most realistic among his contemporaries. During the 1832 Diet, where he was a dele- gate from Zala county, he scolded "those young hotheads“ who talked loudly of change and reform on the French model but were most unprepared for it: You imagine you live in those days; each one of you chooses a favorite hero among the participants of the tragedy of the French Revolution and believes that he shall play that role. Lamartine's book is dangerous reading; it is neither a history nor a novel; but least of all is it a bible which you make it to be.40 He wanted them to learn the practical side of politics and 4OHoman and Szekffi, Tdrténet, V, pp. 310—11. In Spite 01? strict censureethe ideas of the French Revolution found their way into Hungary. 32 instead of an idealized hero cult learn to be satisfied with small but practical gains. Deak opposed Kossuth's radicalism and sympathized more with a faction commonly called the Centralists whose members were the young opposition in the Upper House (Baron szsef Eotvos, Baron Miklos Wesselényi, Count Lajos Batthyany, etc.). He fought for the taxation of the nobility. As a result bloody riots and deaths occurred in his county where the electioneering petty nobility opposed it (1839). At the same time he exhibited traits which could be labled arch conservative. He supported the nationalism of Kossuth on the grounds of the ancient Hungarian constitution; he also advocated an independent Hungary tied to Vienna and the Habsburgs but with a responsible national government. When matters did not go his way, he went into "passive resistance" (withdrawing from public life) stubbornly maintaining, with quite some naivité, the ”rights" of the Hungarians through their constitution. During the period of absolutism he in- sisted on the lawfulness of the far reaching resolutions of the Diet of 1847—48; this was nothing but stubbornness. Historians such as Gyula Szekffi, Gyula Mérei and others con— sider Deak wise in his restraint and prudent in his demands.41 This is true but only to a limited degree. The victory of tflle Prussians in 1866 at Koniggratz over the Austrians was ”RJCh more instrumental in Deék's ultimate success in the .- 41Deak is called ”the sage of the fatherland" (a haza bolcse) . 33 Ausgleich of 1867 than his prudence and restraint. After all, it took the Hungarians almost twenty years after the revolution of 1848-49 to reach a compromise with Vienna. A contemporary, Baron szsef Eotvos, gives us per- haps the best summary on Deak, Kossuth, and their times: One thing I have learned from my experiences, and that is that men of superior intellect and knowledge never exercise great influence in the field of politics. The first minute belongs always to those who, like Kossuth, carried away by their own oratory, influences and passions of the people and bring it into motion; or those who, like Deak, are narrow minded enough to cling stubbornly to their views even to the last detail and who can make the people persist the same way. Only passion and immobility does influence the people.42 In Deak we see the gentry reformer who was willing to part with the most antiquated forms of Hungarian social and political life by supporting the April Laws of 1848, but who also wanted to insure the nobility retained and even _._—~ expanded its political power at the expense of the Austrians. The economic and social aspects of the reform movement gave way to political goals: based on the separatist desires of the Hungarian nobility. Let us now turn to those men who stood for the "anci- ent regime," the reactionaries. With the accession to the throne of Francis I an era of reaction set in that restored all the privileges of the 42Baron Jozsef Eotvos, Naplojegyzetek, gondolatok, 1864-1868 (Notes and Reflections, 1864-1868), Ed. Lukinich Imre (Budapest: Magyar Tudomanyos Akadémia,1941), p. 153. Baron Edtvos was President of the Hungarian Academy of Sciences, a philOSOpher and scholar who, as a member of the Diet, supported and often was the author of Deék's reform proposals. 34 Hungarian aristocracy. The unfortunate Martinovics conspir— acy against the throne in 1794 was quickly quelled in blood and the nobility manifested their loyalty to the house of Habsburngorraine by rising against Napoleon. But their traditional ”valiance and chivalry" proved no match against the disciplined French troops. The Hungarians were dealt a disasterous defeat at Gyor in 1809. Due to the Napoleonic wars Francis I made two major demands in each consecutive Diet, namely, money and men. In general the emperor had his way; yet the nobility success- fully resisted census taking of its members, and allowed only the non—nobles to be counted. In order to increase the treasury (during these years the devaluation of currency was enormous) the Diet voted to raise taxes on commodities such as salt, which of course placed the greatest burden on the poor. In addition, increasing numbers of peasants were pressed into military service (for life) quite unlike the voluntary enlistments of previous years. The reign of Joseph II was well forgotten. These Diets resqunded with arguments regarding the value of the currency, especially the introduction of paper money. The wealthy creditor nobility demanded the return to the use of silver. The money issue finally forced Francis I to govern by decree without convening the Diet (1811-1825). The counties went quickly into passive resistance. While this was clearly a quarrel between the Estates and the monarch for political power, after 1815 Francis I 35 was so preoccupied, as the gendarme of Europe, with the ”demon of revolution” that he made no serious attempt to curb the county resistance movement. The Estates entrenched themselves behind their Constitution. There was little con— cern for social reform. Even at the 1825—27 Diet not one county deemed it necessary to speak in the interest of the serfs during its 271 sessions.43 While Francis I was his own Minister of Interior, he had two able aristocrats as his Ministers of Foreign Affairs and Finance. These were Prince Metternich and Count Kollowrat, whose names became synonyms for reaction. Metternich was the chief architect of the system of reaction which lasted from the fall of Napoleon to the Revolution of 1848. His theme was that of his master's, Francis I, "rule and change nothing." His own words best express his position.44 Austria is a saturated power. She is big enough, she has enough to do to preserve what she already possesses. The Emperor Francis often used to say: 'If anyone were to suggest that I should add so much as a village to our Austrian possessions, I would show him the door, for he would be either mad or endeavouring to sap our strength.‘ (to L. Veuillot, Ouvres Completes, XXXII, p. 346. Being a saturated power and having no outside ter- ritorial ambitions, the main task of the Austrian Empire was 43Ho’man and Szekffi, Torténet, V., p. 194; See also foot- note 20. 44The following quotes were taken from G. de Bertier de Sauvigny, Metternich and His Times, translated by Peter Ryde, (London: Longman and Todd, 1962), pp. 166-68. 36 to provide Europe with a shield against the revolutions that aimed to overthrow the existing social order: We present a solid mass, compact, not easily overturned or even shaken, and this alone must get in the liberals' way a good deal. From the first day of the French Revo- lution until now, Austria has always stood ready to thwart the organizers of destruction. In twenty campaigns our power could be seen on the battlefield fighting against revolution, and in the midst of political peace it was, again, on our frontiers that the revolutionary torches died out, unless our armies salied forth to ex— tinguish them on the spot where the fire had broken out. (to Esterhazy, December 13, 1828). The maintenance of the status quo was primary in his thoughts. He belittled the value of the Magyars' political ability believing that "the Hungarian character was strongly attracted to Utopia” and that "short of getting involved in long drawn out struggles, Hungary is incapable of setting up an independent state...” He defended the historic rights of the Hungarian nobility: From every point of view I recognize the preservation of the Hungarian Constitution as so stern a duty for the servant of the State, and yet as so formal an act of justice, that I would have to deny my whole political life should I so much as feel inclined to listen to a proposal to the contrary. (Memoires, IV, November, 1825, p. 254). The fear of the increasing crescendo of liberal and nationalistic demands, which went hand in hand, and the radical aspirations of all Europe were the principle reasons for his support of the Hungarian nobility's privileges. Metternich even refused Count Istvan Szechenyi's appeal for the government Sponsorship of necessary reforms; and one could not find a more loyal Habsburg subject than Széchenyi. While refusing to endorse reform, Metternich was not blind 37 to the problems of his day and was convinced that Szechenyi was right. He attributed, and correctly so, Hungary's back— wardness to the long Turkish occupation.45 However, reform meant the abandonment of the status quo and this Metternich was unable and unwilling to do. with the accession of the feeble minded Ferdinand I, a Council of State governed the Empire. Its three permanent members were the ungifted brother of the Emperor, Archduke Francis Charles; Metternich; and Kollowrat. At the incep- tion of this Council (1836) Metternich attempted to edge Kollowrat, the all too powerful Minister of Internal Af— fairs, out of power. Archduke Ludwig prevented this and Metternich had to remain the malnstay of foreign policy alone. Kollowrat continued the inflexible internal policies of Emperor Francis I. Although he was a Czech magnate it is difficult to find the “Slav nationalism" of which he is accused by various Hungarian historians, especially Gyula Szekfu. His foremost concern was the protection of the Empire and viewed the Hungarian reform movements of the 183095 and 1840's as a direct threat. He vehemently opposed the introduction of the local language into parliamentary procedures and defended the Croat delegates to the Diet who continued to present their addresses in Latin. In an effort to keep the Hungarians in check, he supported the separatist (Illyr) movement of the Kingdom of Croatia which according 45Hdman and Szekffi, Tbrténet, V., p. 318. 38 to the Hungarians was an integral part of "the lands of the crown of St. Stephen” -- and for which the Hungarians never forgave him. Strangely enough the Hungarians blamed Kollowrat al— most exclusively for Vienna's “anti—Magyar" position although Metternich was responsible for much of the government's per- secution and prosecution of the intelligentsia. Yet Kollowrat was an outstanding, very capable imperial official who saw, and correctly so, that to give in to the Hungarian demands (on "independence”) was tantamount to a license of secession not only to the Magyars, but also to the various other nationalities of the Habsburg realm. With few exceptions the Hungarian aristocracy re- mained loyal to the government in Vienna throughout the re— form period of the 1830's and 1840's. A characteristic representative of these magnates was Count Aurél Dessewffy, son of Jozsef Dessewffy [Taglalat] who until his death at the age of thirty—four (1842) was an eloquent opponent of the reform minded gentry and intelligentsia: I say it directly that, yes indeed, I am a government man. And in such a meaning of the word am I a govern- ment man who condemns all activity, all ideas which make lawful and effective government impossible. Be- cause, according to my convictions, nations are in need of an effective and not a normal government in order to flourish, of men of stature and not shysters (prokator), to be great and strong. But before and above all, I am a Hungarian...utmost in importance to me is this country's happiness and the development of its interests on the basis of nationality and constitution.46 46Jozsef Ferenczy, ed. Grof Dessewffy Aurél bsszes mfivei (The Complete Works of Count Aurél Dessewffy),(Buda- pest: Mehner Vilmos, 1887), pp. XLIL—L. Hereafter referred to as Ferenczy, Dessewffy. 39 Of course, "effective and not a normal government" meant to Dessewffy the continuation of the status quo. He was reluctant to admit that the reformers (Kossuth, Deak, Szechenyi, etc.) were right. While he gave lip-service to the idea of Hungarian constitutionalism, he assailed the counties for their obstructionism in sabotaging the dictates of Vienna. Even Dessewffy saw that county opposition, the ancient constitutional right of the nobility, was a serious detriment to the central government. Dessewffy was a good orator and wrote with an elo— quent pen. For a period (1841-1842) he edited the newspaper Vilag (light) in an effort to counterbalance the great popu— larity and influence of Kossuth's Pesti Hirlap. This opposi— tion to liberalism did not award him a great popular fol— lowing. He was cold and logical, quite like Széchenyi, in accusing the liberals and especially Kossuth for having their "heads in the clouds” without considering the dis— asterous results their ”irresponsibility" might bring. He mirrored the aristocracy's fear of social upheaval which would cause their loss of political and economic power. For this reason he bitterly criticized Kossuth for advocating the distribution of free land to the serfs.47 The very term "free land” was misleading, argued Dessewffy, because it gave the impression this was land on which there were to be no taxes. But, even if the socage dues to the 47Ferenczy, Dessewffy, pp. 6—13. 4O landlords were abolished, the government taxes were still to be collected. He then gave able arguments against this kind of agitation. If the peasants received free land, the population increase and the laws prohibiting subdivision of peasant holdings would create a new landless class without a livelihood. There would be new demands for free land. Rent costs on these lands would increase. The peasant most likely would rent his free land for half the crop to an un- lucky sharecropper, instead of the ninth he now pays to the landlord, ”might we then,[indignantlyj,write books against all such rent?” Logical as it appeared, such arguments against reform were not popular especially signe reforms were gradually being passed into law. The reform legislation of the 1830's and 1840's owed much of its success to the individual efforts of the few liberal minded nobles who, outside any political party, ad— vocated the urgent need for change. Since in the Diet the government was the only major organized political force, in the beginning it was fairly successful in thwarting most of the reform proposals. During the mid 1830's Vienna did not hesitate to silence the reformers by arresting them and bringing them to trial on charges of high treason (Kossuth for one). In the early 1840's the government tried a dif— ferent tack, that of packing the Diet with delegates loyal to the Crown. This attempt met with considerable success. The liberals, however, were outspoken and enjoyed the sup— port of the public. 41 Although the reformers were motivated by some social considerations, domestic economic problems such as land disputes between nobles and serfs were more pressing. The main reason for these disputes wastfle economic boom in the wool industry, especially in the 1820's. Landowners in- creasingly found it profitable to raise sheep which required a proportionate increase in pastures. As we saw in Chapter I due to the vague wording in Maria Theresia's Urbarium, the serfs were not alloted a prescribed acreage of pastures. The Urbarium merely required that where the terrain permit- ted, the serfs should be given "adequate" pastures. The landlords followed advantage and often forcefully ejected the serf from pasture lands that were either held communal or were thought to be the property of the peasant. Often the serf was ejected even from his meadows adjacent to the pastures.48 These evictions caused much resentment among the peasantry since the pastures and meadows were an inte- gral part of the serf economy; in fact, on it "depended the peasants' animal husbandry and through it their whole farm economy.“4'9 Moreoven Széghnyi's thesis of feudalism's bankruptcy was irrefutable. The institution of entail prohibited the 48Ivanyi, Szechenyi, p. 280. Ivanyi claims that the landlord had no legal basis for the enclosure of the pastures. This is a misleading statement because technically, he was within his rights in most cases, depending how the Urbarium was interpreted. 49Pesti Napld, February 29, 1856. 42 sale of noble lands; and often the owners of the big estates defaulted on their huge credit obligations to foreign bankers, knowing well that the Hungarian laws would protect them. Under these circumstances credit was increasingly difficult to obtain. Landlords enlarged their sheep and cattle herds to augment income especially since the price of grain was steadily declining. The financial insolvency, of the large estates in particular, was so acute that these foreign out- standing obligations reached overwhelming proportions.50 By 1848 the total debt on noble lands was estimated at 300,000,000 silver florins with a staggering 18,000,000 florins interest, the latter alone was almost equal to the nations's annual tax revenue.51 and after con— Undoubtedly there was much to be done, siderable debate the Diet of 1832—36 enacted laws that aimed to settle the question of disputed lands, spelling out 50The following sample illustrates the point. Note especially the disparity between amounts borrowed and the market value of the notes. Adapted from Ivanyi, Széchenyi, p. 283. Values in silver florins. Face Value Market Value Year Borrower Amount of Each of Each Note‘__‘ Note 1825 Prince Grassalkovich 2,000,000 1,000 150-200 1827 Count Hadik 1,000,000 1,000 5 1828 Count Festetich 2,000,000 1,000 2 1828 Count Festetich 900,000 1,000 2 1828 Count Festetich 600,000 1,000 2 1828 Count Hadik 500,000 1,000 20 51Hdman and Szekffi, Torténet, V, p. 341. 43 the amount of pasture to which a serf was entitled. The limits were set rather loosely between four and twenty-two acres. Enclosures became lawful but not mandatory, conse— quently prior to 1848 relatively little headway was made.52 More importantly, the Diet made payment of taxes mandatory for those moccasin nobles who owned no more than one serf plot thereby technically voiding the ancient noble privilege of non-taxation. This privilege was further curtailed by assessing a toll on all persons crossing the permanent bridge to be built on the Danube connecting Buda and Pest (Széchenyi's pet project). The nobility also assumed the expenses of future Diets which previously had been assessed on the peasantry. An ambitious railroad building program was initiated with special rights and protection for the enterpreneurs. Finally, the reformers were allowed to pre— sent their program in concert on future Diets which in essence meant the legalization of an opposition party. Yet the important issue of credit was shelved. As we have mentioned before, the government attempted to Silence the cries for reform by imprisonments; but these acts achieved the opposite result. Consequently, Vienna tried to win over the more cautious reform minded nobles to 52Law of 1836, Article VI, Section 3. There were sporadic settlements on enclosures between landlord and serf prior to 1836 in several localities according to Ldrinc Tdth, Elméleti és gyakorlati utmutatd urbéri fiqyekben (Theoretical and Practical Guide for Urbarial Matters), ([Buda]Pest: Heckenast Gusztav, 1857), pp. 106-109. Here— after referred to as Tdth, Utmutatd. 44 make the Opposition ineffective. Count Aurél Dessewffy championed the government cause. In his program for the 1839-40 Diet he proposed the establishment of a national credit institution with a capital of 10,000,000 florins —- an Open overture to the indebted nobles. For the serfs, he advocated a fee absolute on the urbarial portion of their lands. Dessewffy called his party "the ones who proceed with caution.” While he was successful in establishing a government bloc in the Upper House, his efforts to organize the Lower House failed because he could not win a seat there (See footnote 7, p. 7). The mere fact that Dessewffy or- ganized for Vienna indicates that the Opposition began to present a dangerous force. This danger was somewhat over- rated at the time because the reformers were few in number and far from united. Kossuth and Széchenyi were "at each other throats" while Deék counseled caution, as usual, fear— ful of antagonizing Vienna. Despite the liberals' quarrelings, the Diet of 1839—40 managed to enact a law allowing the sale of noble lands. This act was the first successful attempt to eliminate the entail on these lands.53 It reflected the mood of the Diet Since the Lower House refused to even consider any of the royal proposals until the imprisoned liberals were released, 54 which took almost a year. The Opposition managed to pass . 53Deék fought for the abolishment of entail even in the previous Diet. Hdman and Szekffi, Tbrtenet, V, p. 295. 54Mérei and Spira, Torténeg, III, p. 240- 45 legislation that finally allowed the serfs to redeem their lands but only on a voluntary basis that included a settle- ment with the landlord. To the pennyless peasant this was of little comfort, but the larger peasant villages of the Great Plain were able to settle Since they were more af— fluent and bargained with the landlord collectively. The Diet also passed its first law on credit which meant in essence that Hungarian landowners were held liable under the judgment of Austrian courts. Another infringement on the institution of entail. No sooner did the Diet adjourn when the Opposition issued its first platform in the form of the Twelve Points of [the county of] Szatmér in February, 1841. This docu- ment summarized all the liberal and radical demands such as the abolishment of entail, completion of the credit law of 1840, establishment of a hypothec bank, mandatory fee abso— lute for the serfs, abolishment of guilds, monopolies, road tolls, etc., universal right to own land and hold political office, universal household tax, popular educational system, freedom of the press, voting right in the Diet for towns and reorganization of town governments, new penal and civil codes, separation of administrative and judicial authority, and popular suffrage. Needless to say, the reformers and the "ones who progress with caution" (the conservatives) locked horns immediately. The focal point of the battle was centered around universal taxation. The newspapers in gen— eral sided with the government,forcing the liberals to resort 46 to pamphleteering. Vienna managed to defeat the issue of universal taxation at the county elections to the 1843—44 Diet. Political tempers were so hot that on occasion there was bloodshed at the county meetings.55 When the Diet of 1843—44 opened, the government at— tempted to thwart the liberals' designs by advancing its own set of proposals, many of which were the same as those in the Twelve Points of Szatmar. Since the crown rescript avoided the main issue of universal taxation and any men— tion of national constitutional independence, the Opposition rejected the proposals. In the debates and subsequent roll calls that followed the initial encounter between "the forces of darkness and the forces of light" the liberal demands were one by one defeated on the stubborn Opposition of the Upper House. Some of the reforms still managed to thread a path through (such as the right of non-nobles to political office and to own land). The principle achievement for this Diet was the legalization of Magyar as the official language, a victory for the radical "independence" movement. Once more the forces of inertia succeeded in blocking the path of liberal reforms. But the manner in which Vienna tried to woo the undecided, by including the least offensive of the liberal demands in its proposals, gave indication that the reformers could not be ignored and that, short of brute force, only deft parliamentary maneuvering was able 55Mérei and Spira, Torténet, III, p. 275. 47 to hold them in check. To sum up, we saw how the dreams of Joseph II were shattered on the resistance of the nobility. Instead of a unified and centralized empire Joseph's II reforms upset the balance between monarch and the nobility bringing to fore the dormant hatred for the Habsburgs. It became the vogue in Hungary to speak the Magyar tongue and dress in Magyar costume. The nobility, fearful of what might have happened had Joseph II had his way, clung even more ten— aciously to its ancient constitution and, through it, their privileges. The Hungarian reformers, aristocrat and gentry alike, were divided on what form reforms should take; and for the most part were unable (and reluctant) to envisage a Hungary without its outmoded feudal system. The antagonists of reform seemed determined to stop all reform at first and only when they failed in this attempt did they propose a series of half measures to take the place of fundamental reforms. While Vienna was always happy to increase its revenues, the government opposed the idea of universal taxa— tion mainly because it needed the loyalty of the nobility and because of its fear of a social upheaval. Tragically both the reformers and the reactionaries were basically right in their position, that is, that on the one hand Hungary was in dire need of modernization economically and socially; while on the other hand the empire of the Habsburgs needed cohesion and unity in order not to crumble before the aggres— siveness of the Prussians or the ever hungry Russian bear -- or both. 11! CHAPTER III REVOLUTION AND THE EMANCIPATION LAW, 1847-1849 It appears that as the decade of the 1840's progressed, Estates Hungary was well on the way to reform —— despite herself. By 1847 the clamour for reform increased especi— ally among the lesser nobility and intelligentsia. But four factors prevented the orderly passage and implementation of reform laws: first, Vienna's scheming against the liberals; second, the disunity and lack of direction of the Opposition; third, the Paris and Vienna revolutions; and fourth, the revolution and military campaigns in Hungary. Vienna continued its drastic measures against the liberals. Chancellor Gybrgy Apponyi began as early as 1844 the systematic dismissal of weak, lazy, or liberal leaning foispans from several counties replacing them with loyal administrators. Kossuth promptly labeled them "Kreis- hauptmanner” (district constables) thus calling attention to the arbitrariness of these actions. The new foispans attempted to force the county electorate to vote for con— servative delegates. In 1845 in Bihar county Foispén Lajos Tisza tried to influence the outcome of the election by force and bloodshed. He ordered the county constables (hajduk) into the meeting hall with swords drawn and during the ensuing melee several deputies were wounded. In Hont 48 49 county when it became apparent to Foispan Sandor Luka that the Government party was in a minority, he summarily dis- solved the county assembly and closed the assembly hall.56 Actions of this nature caused considerable furor nationwide so Vienna tried more subtle means. In 1846 the Government party began to advocate as its platform such planks as freedom of the press, reorganization of the Diet, reorganization of socage, a revision of entailed lands (aviticitas); almost the whole liberal program. Conse— quently many of the would be reformers had a change of heart and the already fractionalized liberal groups suffered a serious setback. It was not until the summer of 1847 that Deék was able to put together a Declaration of the Opposi— tion after prolonged consultation with the various disor- ganized liberal factions. This Declaration enumerated the injuries caused by the Crown to the Constitution, demanded equal taxation for all, the lightening of the tax burden on the peasantry, parliamentary representation for the cities, equality before the law, the liquidation of robot with com- pensation, and the liquidation of entail. The union with Austria would be preserved in the spirit of Article X of the Law of 1790 (see footnote 13) but with a more direct influence on the country's finances through the Diet. The liberals considered these demands to be reasonable and their 56Homan and Szeka, Térgénet, V, p. 384. 50 execution possible within the contemporary framework of the Empire. The battle lines were drawn now on both sides and the fight was joined for the election of delegates to the Lower House. Electioneering proceeded in the conventional manner of the times as described in Chapter I. The first round was fired by the king who gave Chancellor Apponyi 200,000 florins for election purposes. Actually this was a relatively small sum for such a high official because it cost Count Lajos Batthyany 100,000 florins alone to have Kossuth elected as a delegate from Pest county. Elsewhere election of delegates was considered to be a personal feud between the families of the wealthier lower nobility and a local magnate. The outcome of the elections was in favor of the Govern— ment party but the liberals had a vocal minority. The Opposition’s mainstay, Deak, was unable to become a dele- gate due to ill health and Kossuth, winning a seat in the Lower House, became the undisputed leader. He tried to block debate on the reform prOposals submitted by the govern— ment because he feared that even if adopted they would be only half measures. His oratorical skill won him a numerous following, especially on the issue of independence in ac— cordance with Article X of the Law of 1790. For this Vienna had no taste at all, but neither did many of the liberals who feared that an open break between the Diet and government would thwart all efforts at reform, even the 51 half measures.57 Kossuth had to be isolated and Szechenyi accomplished this through a parliamentary maneuver by having the Lower House adopt a proposal for an ambitious railroad building program over a much more modest plan submitted by Kossuth. The counties in the supplementary instructions to their delegates sided with Széchenyi on this issue. By the end of February, 1848, it looked as if Kossuth, the agitator and orator, was finally sidetracked and the moderates would have their way. Events in Paris decided otherwise. News of the Paris revolution reached Pozsony (the town where the Diet met) early in March, 1848. On March 3 Kossuth in a fiery speech demanded a modern constitution, not only for Hungary but for all the hereditary lands of the Empire. A resolution to this effect was passed by the Lower House. The Paris revolution brought Kossuth out of poli— tical oblivion and he became the champion of an age—old Hungarian dream —- independence.58 The Table of Magnates did nothing; indeed most of its members were in conference with the State Council in Vienna. Ensuing events outraced parliamentary procedure and as a result all the vital reform measures passed in a day's 57As late as December 1847 the majority of the Op- position wanted only to enforce the VII Act of 1840, i.e. to prevent the landlords from obstructing the process of voluntary land redemption, according to Ervin Szabo, Térsa- dalmi és_partharcok a 48-49—es magyar forradalomban (Social and Party Strife in the 1848—49 Hungarian Revolution), (Buda— pest: Szikra, 1949), p. 171. Hereafter referred to as Szabd, Partharcok. Undoubtedly Mr. Szabo misunderstood the Opposi— tion's motives. 58Homan and Szekffi, Torténet, V, p. 391. 52 time. Vienna rose in bloody revolution on March 13 forcing Metternich to resign and flee the city. The people took to the streets in Budapest too on March 15. Rumors circulated in Pozsony that Petofi, a popular poet, was heading an in- surgent peasant army of several thousand. Kossuth had the March 3 resolution amended by the Lower House adopting all the reform proposals of the Opposition. The Table of Magnates at last in session passed the amended resolution unaltered on March 18. Royal sanction, however, was not forthcoming. Through- out the remalnder of March and well into April the State Council refused to allow the Emperor to Sign the laws. Hun- garian deputations were not permitted to see the easily swayed monarch. The State Council,with Metternich in exile and Kollowrat in control, tried to save the old system first by a delaying action, later by force of arms, and when that also seemed to fail, by a direct appeal for Russian military intervention. On April 11 Emperor Ferdinand signed into law what in effect was the abolition of Estates rule. Hun— gary gained virtual independence with the establishment of a limited constitutional monarchy on a western parliamentary basis, modeled on that of Belgium. The Diet hastily dis- solved itself leaving the burden of interpretation and im- plementation of the far reaching reforms it passed to the subsequent popularly elected Parliament which was to meet yearly in Budapest, the capital city. 53 The laws were of monumental Significance. Article IX abolished socage and all feudal dues connected with it such as robot, monetary payments and the like; and it "placed compensation of all private landlords under the shield of national honor.” The Church voluntarily renounced claims for compensation for the loss of the tithe. Article XI abolished all manorial authority (fbldesfiri hatoség) over the peasant. Article XII set the capital for the reimburse— ment of urbarial lands at twenty times its value to be fi- nanced by the issuance of state bonds. Article XV abolished the entail on noble lands. Here ended the disposition of matters of social and economic nature. Article XVI insured the operation of the county system on its traditional basis as "the protective bastion of constitutionality." Instead of referring to Articles IV and V on the matter of franchise, Article XVI extended it on the county level to those "whom the county residents in each community designate as delek gates to these public [county] meetings."59 What is so striking about these laws is the vague- ness of their wording. One cannot help but receive the im— pression they were written in a hurry without careful thought to the matters with which they were intended to deal. The legal chaos that surrounded the nature of urbarial and allodial lands as well as other categories of land was certainly well known to all, especially to those who clamored 59For a complete text of these laws see Corpus juris, VIII, pp. 215-255. 54 for reform. The many volumes of parliamentary debate in 1832—36 and 1839—40 are ample proof of this. Yet there were no Specific guidelines provided to aid the implementation of these "April Laws”. A hasty supplement brought by the last Diet a few days after passage of the laws tried to specify the nature of urbarial lands. This only helped to confuse the already complicated problem even more. In order to clarify the frugal wording of the April Laws Ferencz Deak, now Minister of Justice, introduced a bill in September, 1848. The new popularly elected Parlia— ment began debate promptly on this comprehensive measure but military events prevented its completion. So the ques- tion of indemnifying the former landlords and an accurate disposition of urbarial lands had to await the outcome of a military conflict that was directed from Vienna against Hungary.60 On December 30, 1848 Deak asked to have the bill taken off the agenda because: ....due to the present state of the country a thorough discussion of such matters is impossible,...let us not soil the pages of history by bringing up a subject that 60With Metternich gone, Kollowrat was free to thwart Magyar ambitions of home government. He set about to di— vert these energies toward the Croats and save Austria from internal chaos. Upon his suggestion Baron Jellaéié, an officer of the Imperial army with pronounced anti—Hungarian leanings, was appointed governor of Croatia. Under Jellaéic's command an army entered Hungary and met disaster at Ozora (See p. 57). A The sending of an Imperial army into Hun- gary under the command of a Croat could perhaps be considered Vienna‘s biggest single blunder. Through the person of Kollowrat, a Czech, it not only discredited Vienna in the eyes of the Magyars, but also laid the foundation for a radi- cal nationalistic policy leading to the eventual breakup of the Empire. 55 is of special interest to the representatives, because there is something offensive in discussing our pockets now.61 The subject was tabled and for the time the nobility re- linquished actual reimbursement on its urbarial lands. Kossuth's revolutionary government attempted later to solve the problem of land redemption by a decree on April 19, 1849; but there was no time left for implementa- tion. Another bill was under preparation at the end of the military conflict which was the most radical of all. There is no complete text available; however, sources in- dicate it proposed to emancipate the whole body of the peasantry by ridding it of all vestiges of socage with the total burden of redemption assumed by the state.62 At the collapse of the revolutionary war, in the fall of 1849, im— plementation of the emancipation laws was still not begun. The peasantry, shortly after the enactment of the April Laws, began to take possession of the urbarial lands. There were occasional disturbances in regions where land- lord and serf differed on the interpretation of what con— stituted urbarial land. The most severe of these occurred in the eastern part of the Great Plain in the vicinity of 61Hc5man and Szekfu, Torténet, V, p. 395. 62Istvan Barta, "A kormany parasztolitikaja 1849— ben" (The Government's Peasant Policy in 1849), Szazadok, Part 2, XC, (1956), pp. 4-64; and Vukovics Sebb emlékiratai Magyarorszégon valo bujdosésa és szamuzetSSének idejgrol (The Memoirs of Sebb Vukovics During his Exile and Hiding in Hungary), ed. Ferenc Bessenyei, (Budapest: Athenaeum, 1894), pp. 505—506. 56 the frequently restive peasant towns of Oroshaza and Mezo- berény. Here one of the peasant agitators, Istvan Olah, was summarily hanged by the authorities and order was re— stored.63 On the whole, the process was a peaceful one. The peasant's only concern was possession of land. The liberal and nationalistic enthusiasm that en— gulfed the gentry, the intelligentsia, and the handful of bourgeoisie did not filter down to the tillers of the soil. The peasant continued to work in the fields with stoic indifference and, as usual, attributed the reforms to the monarch, or was in considerable ignorance about them. He did not care for, neither did he understand the essence of, nationalism and was generally reluctant to defend the home- land in which he had no say until the day previous. The enthusiastic propaganda of the patriots calling on the peasant to rise in armed insurrection fell mostly on deaf ears. This was especially true in the case of the cotters who were left out of the emancipation laws: My paternal grandfather..spent two winters in the forest [with others of his kind], which two he can- not remember, because he had no idea when freedom started, he did not even know that it started at all. ...It did not occur to him that during one part of his hiding —- when the Kossuth forces recruited —— he was a coward, while in the other half -- when the imperial forces did the enlisting -- he was a hero. The mili— tary recruiters for the antagonistic armies were prac— tically on each other's heels in the villages, the condition of hero or coward changed almost weekly. 63Homan and Szekffi,Torténet, V, p. 396. Olah's activi— ties were one of the earliest manifestations of agrarian socialism. 57 Granfather sat in the forest, he did not ponder upon the matter, he considered the whole situation as the nobles' business.64 This peasant apathy caused Kossuth's revolutionary govern- ment great headaches. It was one of the reasons for the failure of the military campaigns in 1849 because peasant enlistment in the Honvéd (national) armies virtually ceased. The destruction, and often vandalism, of the imperial troops and marauding bands of minority nationalities (Serbs, Croats, Rumanians) was far better persuasion for the pea- sants to fight than the patriotic appeals of Kossuth's recruiting agents (verbuvaldk). In those regions they en- listed under the national tricolor in considerable numbers. More often they rose in armed insurrection and assisted the regular Hungarian troops with their sheer numbers and their makeshift weapons of sticks and scythes. A good example of the latter is the springing of the trap at Ozora on Jelaéié's Croat troops in October, 1848: The heights on my left all the way down to the Sid River were occupied since last night by the popular insurrection. The commander of this insurrectionary group has without doubt the lion's share in the suc- cessful conclusion of this campaign.65 But, on the whole, the peasant resisted conscription. There is ample evidenceto indicate that the peasantry thought that 64Gyula Illyés, Pusztak Népe (People of the Hamlets), (Budapest: Szépirodalmi konyvkiadd, 1955), pp. 52—3. From here on referred to as Illyés, Pusztak. 65Arthur Gorgey, Memoirs, quoted in Illyés, Pusztak, pp. 24-5. Gorgey, later commander in chief of the Revolu- tionary Army, disliked irregular troops. 58 emancipation was made dependent on military service, and they were reluctant to protect the nobility.66 The peculiar nature of the emancipation of the serfs in Hungary becomes more evident now. The reform period of the 1830's and 1840's culminated in the hastily constructed and vaguely worded April Laws. There can be no doubt that the majority of the Diet voted for these laws because of a genuine fear, especially the Table of Magnates, of a social upheaval that would have permanently unseated them from their position of power. However, we also have to recognize the vocal liberal minority in both Houses that pushed for reforms on different grounds. They believed that Hungary had to be revitalized by drastic measures. To them it was evident that feudalism had to be replaced by an economy modeled on that of the West in order to forestall an economic collapse. They proved time and again the inefficiency of robot and the low productivity in agriculture that it en- tailed. Their liberalism was genuine and in keeping with the times: to them equality before the law for all men was not an excessive demand. The injustice of corporal punish— ment and the concern for the baseness and brutality of the serfs was, in the liberal mind, directly attributed to poverty and the ills of socage. But no matter what the reasons were that insured the passage of the April Laws, the 66Szabo’, Partharcok, pp. 291—314. 59 wording of the statutes was obscure and far from adequate by any standard. The Revolutionary Government of 1848—49 made repeated attempts to solve the unfinished business in a series of comprehensive measures. First through Deak's bill, then through Kossuth's decree, and finally just before the mili- tary collapse in the summer of 1849 through an even more radical solution. But all of these attempts remained un- finished. Meanwhile the peasantry, under the assumption that freedom at long last arrived, proceeded to take posses- sion of the land and refused further delivery of socage dues to the landlords. It is impossible to determine how much land changed hands this way, but there is no evidence to indicate that the peasants were prevented from occupying the urbarial portion of their holdings. Due to the state of war, conditions varied considerably in the different regions of the country. Prince Windischgratz, the Commander in Chief of the Imperial armies, in his many proclamations ignored the April Laws and what they entailed in an attempt to establish the old order. How successful he was is not certain. At any rate, for the Hungarians there was no time left to implement their laws or even pass them in Parliament. Implementation had to wait. It did, for almost a decade. CHAPTER IV ABSOLUTISM AND PROBLEMS OF IMPLEMENTATION, 1849-1867 On August 12, 1849 the Hungarian Revolutionary Army surrendered to the Russian general Rfidiger at the village of Vilagos, not far from the town of Arad. This act re- duced the Hungarians to mere "rebels," defeated ones at that. The Austrian military, under the command of Baron Haynau, instituted a harsh dictatorship, executed those leading revolutionaries who did not go into exile, and was determined to pacify Hungary for a hundred years. Politi- cally the demise of the Magyars looked equally final. Their Constitution was suspended, the "lands of the crown of St. Stephen” (Transylvania, the Serb Voivodina or temesi bansag, the Military Frontier, and Croatia-Slavonia) were severed, while Hungary proper was divided into five adminis— trative districts (see map, p. 61). All acts of the "rebel" government and Parliament were declared null and void save the emancipation of the serfs. All matters had to await the "gracious disposition” of Emperor Franz Joseph. Vienna did not permit the Magyars to carry out their reforms, in- stead, Habsburg absolutism shouldered the task alone. This was an open invitation to obstructionism at which the Hun— garians were past masters. 60 3‘. _ 61 new: .A .> .ponwpuma .muxoum can duSom Scum conducd .fl 4380.!— 1a: .541 4])".4/«7 20233133». 3.8.11.5 2372!. a... Sa<>§¢z33. [:1 .81 Q! 9‘ QQENQ Rug MIL. quso xmfizolz .._ 11 N.-—.———...—-—..... -- 62 Military and political subjugation did not mean that Vienna altogether disregarded the reform legislation of 1848. Even Prince Windischgratz made allusions to it in his many proclamations while Commander in Chief of the Habsburg armies during the Revolution. It was not until 1853, how— ever, that the imperial edict was issued acknowledging the April Laws as valid and ordering the implementation of the emancipation of the serfs. The central government waited another three years to set up the system of urbarial courts whose task implementation bacame (1856). This tardiness was typical of Vienna where "Gemfitlichkeit und Schlamperei" (geniality and remissness) was practically the official slogan. Accordingly, the land surveys (begun in 1850) and court processes dragged on endlessly. While awaiting final settlement the serf was forced to continue delivery of socage dues as before on everything except his urbarial lands. This Habsburg policy of cautious indecision and pro~ crastination had a most harmful effect on peasants and hobles alike. Its study is our objective in this chapter. After the military reign of terror ran its course a civilian administration took control. This new political order of centralized absolutism lasted with some variations until the Ausgleich of 1867. The architect of the system, Alexander Bach, Minister of Interior, was a radical in the first quarter of 1848 but quickly switched Sides becoming the most loyal servant of the counterrevolution. This is how a former revolutionary friend, Adolf Fischhof, described 63 Bach's system: A standing army of soldiers; a sitting army of officials; a kneeling army of priests and a creeping army of in- formers.67 Hardly a compliment —- but basically accurate. The task that Bach shouldered was immense, and in essence it was the last attempt of the Habsburgs to centralize their sprawling lands into a homogeneous administrative whole. Bach insti- tuted a more efficient regional administration which, even with its many shortcomings, was far better than the anti- quated Hungarian county system. The five districts were governed by only 1,765 civil servants.68 This number did not include, however, the agents of the extensive police- Spy network who continued zealously for years after 1849 the ferreting out and arresting of "rebels." The innovations of Bach and the persecutions cone ducted by his police did not favorably impress the gentry and intelligentsia. Following Deak's example they countered 67As quoted by Emil Lengyel, 1000 Years of Hungary, (New York; J. Day Co., 1958), p. 141. 68Gusztav Beksics, “Ferencz szsef és kora" (Franz Joseph and His Times), in A magyar nemzet t6rténete (History of the Hungarian Nation), X, ed. Sandor Szilagyi, (Budapest: Atheneaum, 1897), p. 430. Hereafter referred to as Beksics, Nemzet. Ironically, the new district officials were given the old historic Hungarian titles of fdispan, alispan, etc. Their jurisdictions were, however, altered and the whole of the civil service was centrally appointed, disregarding old elective customs. During the middle 1850's the civil service in Hungary became predominantly Czech. These new officials were ordered to wear traditional Hungarian costumes, much to the chagrin of the Magyars who labeled them "Bach Hussars." 64 Bach's move with the often tried formula of "passive resis- tance." But this time the nobility failed to present a united front. The aristocracy was considered politically "safe“ by Vienna (and rightly so), while the lesser nobility was fast in putting pride and principle aside for a position of prestige and power in the ”hated“ alien regime. As early as 1850 many of the administrative offices were filled by Hungarians.69 Their names appear with regularity in the various districts as foispéns, alispéns and szolgabiros; we also find them in the gendarmerie, the police, and even in high political positions.70 From the outset a major flaw became incorporated into the higher strata of the new administration. The authority of the Ministry of Interior in Vienna was augmented by the Viceregency Council (Helytartotanécs) in Budapest. It was never made clear which one of these administrative organs had the final say on matters under their joint jurisdiction. Due to this dual authority, contradictory orders were often sent to the district foispéns who, usually unwilling to stick their necks out needlessly, sent both versions on to their szolgabirds. The smart szolgabirds in turn forwarded them, without decision, to the village birds. The confused birds thereupon turned for help to the local landlord 69A Count Forgach in the Kassa district, a Ddry in the Kolozsvar district. Homan and Szekffi, Tbrténet, V, p. 443. 70For a detailed list see footnote in Beksics, Nemggg, pp. 472-76. 65 or priest, their traditional advisors, and frequently were told to forget about both orders. Consequently, most of the new regulations were deposited in the cellar of the bird or the notary never to be heard of again. The novice szolga~ birds, on the other hand, made a decision on which one of the orders to transmit to the village authorities only to be fined fifteen to twenty florins by the slighted high authority either in Vienna or Budapest.71 The old idea of a unified language for the whole em- pire was given another try too. This was a dismal failure in Joseph's 11 time and it became a major source of irrita- tion during the Bach Period. Vienna introduced the German language into Hungary gradually. It was used by the mili— tary dictatorship of 1849-50, its language of command always being German. Then it was made mandatory for the civil ser— v1ce. Later Thun extended it to the gimndziums and colleges. Finally in the 1860's Schmerling introduced German in the judiciary while Taaffe made it mandatory for the Hungarian Supreme Court (Hétszemélyes birdség).72 Bach excused the Germanization attempts by alleging that the German language had the richest literary heritage, that it was written and spoken almost everywhere as Latin was formerly in Hungary, and 71Beksics, Nemzet, p. 430. A szolgabird's salary was eight to nine hundred florins. These fines were not causing financial hardships, but still a cry of indignation arose against the new practice of expecting officials to be respon- sible. In Estates Hungary one became an official because of birth and connections and not because of competence. 72Beksics, Nemzet, p. 454. 66 thus became the logical choice. Logical or not, Germaniza- tion only fanned the smoldering fire of separatist aspira- tions. The sanctioned April Laws, brought by the Diet in 1848, were not revoked however. Instead, Vienna attempted to limit the reforms within the bounds of these laws ignor- ing everything done by the Revolutionary Government and Parliament in 1848-49. Evidence of this limiting trend is the various imperial orders during the winter of 1848-49 concerning the continuance of payments by the former serfs of those feudal dues that were not included in the April Laws. The order of Royal Commissioner Ignéc Rohonczy made it clear, for example, to the residents of SOpron and Vas counties that with the exceptions of the tithe to the Church and dues after the urbarial lands,everything else will remain in its former condition until according to his majesty's latest and gracious orders disposition of them will be made in the future with reimbursement to the former ownersfi’3 This and similar other orders meant that the former serfs were obliged to continue payments on vineyards, allodial plots, cotter's houses and cleared lands. The former socage dues were also enforced regarding wood cutting, grazing, reed cutting and the like. 73Oszkér Sashegyi,(ed.), Munkésok ésyparasztok mozgalmai Magyarorszégon, 1849-1867 (Worker and Peasant Movements in Hungary, 1849-1867), (Budapest: Akadémiai kiadd, 1959), p. 78. Hereafter referred to as Sashegyi, Mozgalmak. 67 It was not until March 2, 1853 that the royal Patent was issued ordering the final disposition of all feudal dues and state redemption of urbarial lands.74 At last the in- efficiencies of Article IX of the April Laws were corrected. The nature of urbarial lands was delineated in exact terms. Although intensive study75 preceded the Patent, and the government officials were aware of the immensely complicated nature of the land question, yet the basis for determining the urbarial nature of serf lands was designated as the almost hundred year old registers of Maria Theresia's Urbar- ium, The serfs were allowed to keep their allodial lands (vineyards, inner, cleared and remainder lands)grovided they could prove with written contracts that they possessed them ”in perpetuity," and whether they paid for them or not. The state did not assume the debt on allodial lands. The Patent ordered the mandatory allocation and enclosure of communal pastures and woodlands. It even provided for the reimbursement of those communities, few as they were, which paid their fee absolute prior to 1848. Implementation of 74For a complete text see Gesetze und Verordungen Franz Josefs, 1856—1860, I, The Royal Ministry of Justice, (Wien: S. Manz, 18567? 75In January, 1852 Bach ordered a statistical survey in the five districts of Hungary of all of the urbarial lands according to the peasants' allegations, to the landlords' allegations and what the estimate of the szolgabiro was con- cerning the real number of urbarial plots. He also ordered a detailed account on the progress of land reform: whether it was yet begun, under adjudication, or completed. The district foispans reported the completion of these surveys in March, 1852. 68 the emancipation of the serfs in the five districts was car- ried out according to the dictates of this single imperial order. Theoretically the Patent of 1853 abolished serfdom, but practically we can consider only those serfs emancipated which received clear title to their lands. The remainder of the serfs had to pay for their freedom and possession of land and often had to continue delivery of former socage dues until the debts were paid. Quite obviously, therefore, the peasants' overriding concern became the nature of their lands. Urbarial or allodial land classification determined who got emancipated and who did not. Equally important to them was the size of the allotments, that is, how much of the land was awarded them. According to the Patent of 1853 the peasants' title to their lands was a simple matter because the adjudicating courts only had to check the urbarial registers of Maria Theresia and award land accordingly. But conditions had changed during the preceding century. Quite often, a vil- lage did not have an urbarium and thus did not have urbarial registers either. Then there were some villages who had an urbarial contract With the local landlord which predated that of Maria Theresia. In these cases there was mention of urbarial serfs, but often it was impossible to trace the origin of their holdings due to the long lapse of time. Thirdly, there were villages which had no urbarium because in 1767 they were considered to be inhabited by nobles 69 exclusively. Fourthly, there were some villages especially in the Great Plain region that had no urbarium because they were settled on manorial lands (so called "settler villages"). To further complicate matters, there were villages that had what was called "supplemental" urbarial contracts where large segments of the land were of shady origin and disputed by lord and serf alike. Disputes before the urbarial courts invariably re— volved around the question of whether the land was allodial, belonging to the landlord, or urbarial, belonging to the serf. Often the peasants maintained that the land in ques- tion was urbarial and that the landlord used trickery to have it reclassified. There is evidence that conscious ef- fort was made on the part of the landlord to have some of the arable lands reclassified, especially after the laws of 1832-36.76 There were several reasons for this. Firstly, during the urbarial census of 1767 the serfs gave false figures to the census takers, usually claiming less land under cultivation (to evade taxes) than they really used. Secondly, the landlords often "allodialized" former urbarial lands without compensating the serf with another urbarial plot as was required both by Werboczy's Tripartitum and Maria Theresia's Urbarium. The 1832-36 laws tried to correct 76Ferenc Bay, A birtokrendezési perek rovid vazlata (A Short Outline of the Legal Process in Land Adjudication Suits), (Debrecen: Telegdi K. Lajos, 1856), pp. 31—33. Here- after referred to as Bay, Perek. 70 these illegal possessions of land, but in most cases the serf was unable to prove through a written contract that the land was originally urbarial in nature.77 Neither could the landlord, however his word was frequently given more weight before the courts than that of the serf. Thirdly, in cases of cleared lands, the laws clearly gave them an allodial status; and again, in several instances the landlord took advantage of the serf's ignorance and claimed portions of lands that the serf thought urbarial to be actually allodial with the excuse that these were cleared lands. As an example of these claims and counterclaims there was the case of the village Szoce in Vas county. The urbar— ial census of 1768 showed 35 urbarial plots worked by 26 serfs. The census of 1862 counted only 24 urbarial plots worked by 58 peasants. In 1763 the total acreage was 983 while in 1862 only 878 acres were shown. Even so, the former serfs had to redeem out of their own pocket 192 acres and only 696 acres were classified urbarial on which the state paid the redemption. Thus, in Szoce the number of urbarial plots decreased by almost one—third.78 77Bay, Perek, p. 40. 78Lajos Fur, "Jobbagyfold-Parasztfold” (Serf Land- Peasant Land), in Istvan Szabd, ed., A parasztség Magyaror- szagon a kapitalizmus koréban, 1848-1914 (The Peasantry in Hungary During the Era of Capitalism, 1848-1914), (Budapest: Akadémiai kiado, 1965) I, p. 63. Hereafter referred to as Szabd, Parasztség. Ffir gives as his source the State Archives of Szombathely, Urbarial Court Files, 1858—f—129, 391. 71 There were instances, however, when the landlord actually increased the acreage of a serf plot. In Vas county a few nobles outrightly gave some of their allodial plough lands to the adjacent urbarial serf plots, and it happened that a serf's holdings were increased to 100 to 130 acres as for instance in Sopron county.79 In Fejér and Bihar counties a few landlords even forgave the redemption pay- ments on meadows and cleared lands.80 It is questionable whether the landlords were solely guided by magnanimity as the contemporary press reports. Rather, we can assume that in the majority of cases the position of the landlord vis— a'vis his former serfs was hopeless if brought to adjudi- cation. He would have been unable to have these lands tilled due to inaccessability, or the productivity of the soil was inferior, or he had no allodial lands in the vicinity. He might also have been unable to prove the allodial status of the lands. The government resisted attempts on the part of the landlords to have the number of urbarial plots increased. The reason for this was twofold. First, due to the intro— duction of universal taxation Vienna no longer was anxious to extricate more lands from manorial classification into urbarial categories. Let us remember that noble, that is 79Budapesti Hirlap, October 28, 1857. 80Budapesti Hirlap, February 27, 1858. 72 to say allodial, lands were tax free prior to emancipation. Second, the guidelines through which the government reim- bursed the former landlords were established according to the 1852 census (see footnote 75). In other words the cen- sus determining the nature of a village's lands, and the number of urbarial serf and cotter plots was concluded before the Patent of 1853 was issued. During the second census, in 1854-55, the figures were markedly different indicating that both serf and landlord had the Patent of 1853 in mind when registering their lands. Furthermore, the urbarial courts in their awards often increased the number of urbarial plots anyway. A case in point is the village of stjér in Szepes county (see Table 1, p. 86) where in 1868 the State Foundation for Land Redemption filed a complaint with the Ministry of Interior. It seemed that the urbarial court awarded the village re— demption payments according to 57-3/8 serf plots whereas the census tables showed only 17—1/2 urbarial plots the rest being classified as cleared lands and therefore the landlord had no right for a redemption payment after them. The court held that the government had to pay because the peasants already received their allotments of woodlands and pastures according to the 57—3/8 plots; and, Szepes county reasoned, it would be foolish to reopen the case, since the matter was previously settled and it would be disaster- ous for the serfs to have their lands taken away or have 73 them pay redemption.81 On the whole, however, the state quite rigidly adhered to urbarial registers of Maria Theresia and Bach's census of 1852. In the case of the urbarial cotter holdings, for those less than 1/8 of a serf plot, as mentioned in Chapter II, the Law of 1836 allowed free settlement between cotter and landlord, yet not many settlements were made before emancipation (see footnote 52). The Patent of 1853 prer scribed that previous laws regarding urbarial lands had to be considered; and in this light the courts in all of Hun— gary classified all cotter holdings, with the exception of their minute inner lands as cleared lands. This meant that these poorest and most numerous of Hungary's serfs were forced to redeem their lands without state support. Their holdings were at the most six to eight acres, but even so they had no money to redeem them. There were instances where a landlord did not demand payment, but generally this was more the exception than the rule. Yet it was not until 1871 that this matter was brought up in Parliament for debatel There were no problems as far as the landless and houseless cotters were concerned. The Patent of 1853 abol— ished all their debts, since they had nothing, they also received nothing. The most the state could have done for 81Szabo’, Parasztség, I, p. 67. Source: Hungarian National Archives, Papers of the Ministry of Interior; 1868, No. 17867. 74 their former landlords was the reimbursement for the twelve days of robot they lost after each one of these have-nots. This the state did not do, however. Occasionally a landlord gave enough land to these people to allow them the erection of a tiny hut as did the Counts Karolyi who gave 347 of their former cotters each a 1/10 acre plot.82 The greatest controversy and the most heated and drawn out court battles raged around the manorial, or rather allodial, serfs. The problem here did not concern whether or not they were emancipated (clearly they were not). The issue was whether the lands they cultivated were of urbarial or of allodial nature. Their insistence in maintaining that all their lands were urbarial must be considered in the light that to them this meant that either they became eman— cipated free landholders or they had to bear the burden of redemption themselves. The allodial serfs were given plots of allodial land in return for different socage dues, usu- ally a certain number of days robot per year. What compli- cated this issue was the fact that there were a considerable number of serfs who, during the years, lost their urbarial lands or became reclassified as allodial serfs. Furthermore, after 1848 the term “allodial serf" became a sort of "catch— all" for those people whose relationship to their former landlords was different from a relatively simple urbarial one. Needless to say that these relationships often were, and still are, confusing and most complicated to understand. 82Budapesti Hirlap, March 30, 1858. 75 VFor example, besides the "real" allodial serfs, were serfs who rented allodial lands by contract from the landlord. Their designation varied by region, such as "censualists," "taxalists," "terragialists,” and the like. Even inhabit— ants of large villages (mezovarosok) who were not peasants by trade but rented from the local landlords for other purposes were in this category, even if they rented property of industrial nature. After 1848 the allodial serfs often refused to con- tinue to pay their feudal dues. The landlords insisted on their continued service and incidents where armed interven- tion was necessary to put down local riots, as in the Oroshéza and Mezoberény cases, did occur (seegxi 55—56). The Patent of 1853, made the final disposition on these lands and categorized the allodial serf holdings into two parts. Those which were rented or given by the landlord "in perpetuity" became redeemable by the serf; but those rented ”provisionally” were clearly allodial lands belong— ing to the landlord. The hardship that this ruling caused the serfs was aggravated by two factors. The serf was sel— dom in the position to be able to prove the perpetual nature of his lands since he seldom had a written contract to this effect. Even if he had one, the landlord tried to prove that the lands in question were of allodial nature as it was quite common practice after 1836 to have the serfs sign a “provisional" contract. Also, there was the ever present problem of poverty. As the years passed the serf became 76 more and more delinquent in payments. The Parliamentary de- bates of 1871 give revealing statistics on the amount the serfs owed on their few acres. The lawsuits on the allodial-urbarial land question were numerous and the bitterness that was engendered is worth the illustration through specific instances. In the village of Ofalu in Szepes county the allodial serfs proved before the court that their lands were registered as urbar— ial in the registers of the 1767 Urbarium and in several subsequent regional registers. The court, however, refused to classify them as urbarial on grounds that the serfs had paid their dues uninterrupted between 1848 and 1867 and be— cause the landlord was not reimbursed for these lands by the government. The village of Boroszlo in Saros county in an 1860 lawsuit charged that the landlord had classified eight 2/8 plots of urbarial land as allodial unlawfully be- cause in the 1767 register they were listed as urbarial. The landlord admitted this, but argued that in 1833 he was forced to "adjust" these serf holdings because the allodial serfs became so numerous that they were unable to live up to their responsibilities and so he gave them allodial lands instead. The "reclassification" of these lands was upheld by the court and the village lost the case. In other instances the allodial serfs interpreted the 1848 April Laws as total emancipation and stubbornly main— tained before the court that "they are not going to work be— cause they got emancipated.“ There were other instances 77 where the serfs asked only to have the feudal dues abolished on the allodial lands they tilled. In the village of Girolt in Belso—Szolnok county the court complied with this request but the landlord appealed the ruling in 1865. Three years later when the case came up before the appeals court it was set aside pending the enactment of laws on the matter. These laws, however, failed to pass.83 Quite similar were the arguments concerning the dis— position of remainder lands. The Patent of 1853 only re- iterated the wording of the Article X, Law of 1836 and classified them as those lands not listed in the various census registers but still leased to peasants. The landlords tried to "prove" that these lands were actually allodial in nature on grounds of "reclassification," but the Vice—regency Council firmly resisted such allegations. The Council main- tained that these lands were classified as "remainders" only because of the landlords'negligence to comply with the orders of the 1767 Urbarium in settling new serfs on the vacated plots. The several reclassifications that actually did occur during the previous century made matters only worse. In essence the former serfs maintained that the re- mainder lands were of urbarial nature while the former land- lords argued for their allodial classification. In the majority of the cases the Patent of 1853 was taken as a f 83Szabo, Parasztsag, I, pp. 77-78. Source: Hungarian National Archives, Documents, Ministry of Interior, 1869, No. 7160; 1868, NO. 520; 1869, NO. 13035; and 1869, NO. 9217. 78 guideline which, as stated, classified them as redeemable by the serfs if owned in perpetuity.84 The Patent also provided for the nature of redemption by ordering the former serfs to redeem their lands through cash payments. The manner in which the fee absolute was calculated varied from county to county —— and was a most complicated process. It was not uncommon for the serfs to pay with land for redemption instead of with the prescribed cash.85 In Zala county twelve of the fifty villages re— deemed their lands "in kind" but the amount of land "traded" varied widely. On the whole, roughly one—third to one-half of the disputed remainder plots were "paid" as a redemption fee to the landlord, while approximately 20—25% of the total number of remainder plots in Hungary were redeemed by this barter method.86 A sizeable portion of the serf's livelihood depended on his cleared lands. This comprised those arable lands and pastures that the peasants cleared of brush, timber and marshes with or without the consent of the landlord. This land acquisition was as important to the welfare and 84Patent of 1853, Section 8. There was no doubt that these were peasant lands; Tdth, Utmutato, p. 71. 8“Budapesti Hirlap, September 17, 1858. 86Determining the nature and exact amount of the re— mainder lands was a near unsurmountable task, according to Toth, fitmutato, p. 189; and since there are no complete statistics available today, we can only hazard a guess. Lajos Fur, maintains in Szabd, Parasztsag, I, pp. 84—85, that 20-25% is not a risky guess. 79 prosperity of the serfs alleged a writer in the contemporary press, as in previous times the land grants were "to our nobility for martial valor or the occupation of the country by our ancestors."87 As discussed in Chapter II the landlords had a right to redeem them and in the decade before 1848 some did so. Emancipation still found the serfs possessing or using the majority of these lands. The Patent of 1853, ignoring the radical reform trend of the 1848—49 Revolutionary Government, did not assume the burden of re— demption but at least it allowed the former serfs to redeem cleared lands thus extricating these holdings from the al— lodial domain.88 The Patent of 1853 not only neglected to make redemp- tion of cleared lands mandatory, but also failed to solve the entangled legal questions concerning their nature. Naturally, the peasants maintained that these lands were urbarial since in most instances it was given to them to insure their "survival" and given in "perpetuity." The Patent categorized cleared lands into three classes trying to satisfy both landlord and peasant. If they were already attached to the serfEs urbarial holdings, it was considered urbarial. If the cleared lands were given to "insure sur- vival" or in ”perpetuity,“ they were redeemable by the serf. If however, the landlord had "a right to redeem" these lands 87Budapesti Hirlap, April 24, 1858. 88Law of 1840..Section XII made redemption possible. The Patent of 1853, Section 9, ordered redemption through cash payments. 80 they were considered allodial. In most cases the peasant could not prove the ”perpetual” nature of his cleared lands, the agreement between he and the landlord being a verbal one at best. He therefore contested the lord's right to any portion of the land. The landlord had a difficult time too proving the temporary nature of the lease or disproving its perpetual nature. There are abundant law suits proving this point.89 As a result former landlord and former serf di— vided these disputed lands among themselves and although information concerning the whole of Hungary is unavailable and settlements in an out of court varied a great deal, it seems that approximately forty to sixty per cent of the cleared lands were classified by the courts as either ur- barial or allodial but redeemable by the serfs (See p.106; footnote 118). During the revolutionary period of 1848—49 the prob— lem regarding the feudal dues on vineyards was solved. In September, 1848 Parliament in a resolution abolished them even before Deak's bill of September, 1848 was debated. The attack of Jellacié at that time had much to do with the pas- sage of the measure because the law makers were anxious to have a trouble free hinterland during the military emergency. Trouble was indicated by the serfs who were unwilling to deliver the customary tithe and the various "hill duties" 89Szabd, Parasztsag, I, pp. 96—7; Source: State Archives of Szombathely, Urbarial Court Files, 1857. See also Tdth, Utmutato. 81 (hegyvémok) on that year‘s harvest which was about to begin. Of course, this Parliamentary resolution with all the others was declared null and void by Vienna after the military col— lapse, but still in several instances the peasants refused to pay.90 The Patent of 1853 awarded the former serfs their vineyards, classifying them as urbarial and thus assuming the debt for them. But it restricted the redemption of all other allodial rented vineyards by allowing redemption on only those plots that were not leased to the peasants on a "temporary" basis. Again the peasants were unable, for the most part, to prove in writing a "perpetual" nature on their allodial vineyards. The contemporary press picked up the argument and alively debate developed on the nature of re— demption. In the end the vineyards had to be redeemed with— out state support and the dues were collected by the former landlords until redemption was completed. This too became a lengthy,drawn out process due to the reluctance at first and later the inability of the peasants to meet the payments. It lasted for decades during which time an accrued interest was added to the original redemption fee.91 9°Sashegyi, Mozgalmak, p. 96. 91The practice of adding the interest to the capital was later prohibited by law (1868) but in the meanwhile twenty years elapsed and accrued interest calculations were not countermanded for the decade prior to 1859 even by this law. Those debts were considered lapsed but by 1868 most vineyard owners either paid their debt or signed redemption contracts. 82 The immense and often hopeless task of implementing the reforms is further illustrated by the manner in which former lord and former serf locked horns on the allotments of pastures, meadows and forests. As we have seen in Chap— ter II the separation of pastures and meadows, as provided by the 1836 laws, was not made mandatory, consequently until 1848 there was but little progress. The Patent of 1853 made separation mandatory, but confirmed only the upper and lower limits of allotments provided by the 1836 laws. These were twenty-two and four acres reSpectively per one urbarial plot of arable land. A major source of irritation and resentment was the fact that only the urbarial serfs and cotters were allowed to share in pasture and meadow allotments. Even these people were denied allotment for their cleared and remainder lands. This was another reason why the allodial serfs, the ones without any land, or at least without any urbarial land, maintained so stubbornly that the cleared and remainder lands they tilled were ur— barial in nature. Although the Patent of 1853 ordered the separation of the pastures and meadows, the peasants were reluctant to have these fields divided. This reluctance, and often outright resistance was caused by several factors. In vil- lages where the majority of the peasants were former cotters who had no urbarial lands, they feared that if the orders were implemented they would lose the pastures. Until then these lands were in communal ownership where landlord, 83 urbarial, and allodial serf alike kept their cattle. Since only urbarial lands were allotted pastures and meadows, the fear of those peasants who ”possess disputed and question- able lands” was well founded.92 But those serfs who, besides their urbarial land, had cleared and remainder lands were similarly reluctant to have the common pastures broken up for fear of being short-changed. So, in regions without allodial lands the peasants claimed right to all the avail- able pastures. Also the tremendous variety of the quality of pastures and meadows caused the peasants anxiety especi- ally because of the Patent's extremely liberal provisions for upper and lower limits. In this light it is quite understandable why there was so much bitterness concerning adjudication of the size of pasture allotments. In the available statistics the peasants usually asked for the maximum of twenty-two acres while the landlords “offered" in settlement less than half of that. The courts either accepted the landlords' offer, or as in most cases, added a few acres to it. Seldom did it happen that the serf was awarded the full allowable twenty-two acres. The cases where the allotment exceeded twenty—two acres (and there were such even as high as 42.5 acres) were few and restricted to the counties of the Great Plain (See Table 1, p. 84). 92Budapesti Hirlapj March 14, 1858. 84 TABLE 1 PASTURE AND FOREST ALLOTMENTS, 1853-1867 No . of No 3? Pastures Forests . Serf Cot— axes total acres County Community Plots ters 'per in per plot com- plot Hmnfly Great Plain Counties Arad Jérkos 22 6 Lugozo 22 6 Békés Gyula 22 Kétegyhéza 113 7/8( 10 2,235 K6r6s1adény 115 1/8 31 8,656 K6r6stércsa 133 3/8h 28 10,262 Oroshéza 255 6/8 730 18 Szarvas 32 Szentandrés 25 Csongrad Horgos 13.5 Hodmezovasarhely 28 Szegvér 123 3/4 22 Szentes 32 Bihar Kisfirdgd 8 Kokad 10 Szakél 7 Tepe 12 Pest Alsonémedi 100 179 16 2,717 Duka 12 10 10 Izsak 54 1/2 392 14 Kalocsa 215 5/8 804 42.5 18,000 Lorinckata 10 Rékés 76 281 8 1,251 Tass 77 7 Tapiobicske 12 Szolnok Cibakhéza 31 5/8 266 22 Felsdmezdtur 315 547 31 Kenderes 76 5/8 280 14 TiszabeB 54 2/8 151 8 Tiszabura 14 Tiszaors 84 3/4 61 10 Tiszaorvény 17 3/4 16 12 Tiszaroff 28 236 16 Tiszasas 16 3/8 140 25 Tiszaszentimre 34 116 14 Tiszavarkony 24 163 8 Torbkszentmiklos 218 666 14 85 TABLE 1 - Continued NSTEE7WEFTSEVTEEEEEEET_‘Forests . Serf Cot— acres total acres County Community Plots ters *per in. per plot ~com- plot munity Trans Danube Counties Fejér Alcsut 4o 63 7 Boglar 12 Cece 3/8 2 Csékvér 102 1/4 240 1,479 Enying 12 Etyek 101 9 Kozma 9 7/8 7 13 5 Magyaralmas 15 5 Martonvasar 39 7.5 Nadap 11 215 + 392 forest Soponya 51 4/8 67 14 Soskut 40 126 16 Sukoro 11 6/8 107 21 Seregélyes 80 3/4 125 14 12 Szar 12 Tabajd 58 4/8 73 8 Vajta 25 14 Gydr Nagybarét 5 Somogy Bogyoszld 94 43 8 Jéd 12 4 Kecdl 8 4 Vica 4 Sopron Acsalag 10 9 22 Arpés 8 Kisfalud 6 Magloca 18 3 Mihélyi 6 Pali 10 4 Vas Alsdészko 18 4/8 12 Doborhegy 30 6/8 13 1,759 Dfiréske 23 13 1,759 FelsBszeleste 18 14 376 Gerse 22 12 764 Gy6rvér 23 2/8 14 958 Hodész 19 1/8 14 855 Ikervér 60 3/ 10 10 Katafa 20 2/8 9 369 86 TABLE 1 - Continued No. of N3. ofr Pastures Forests . Serf Cot- acres total acres County Community Plots ters per in per plot com- plot munit Vas Kisfalud 2 15 Kismakfa 10 5/8 12 Nagykokeld 8 7/8 16 1,100 Petbmihélyfa 30 4/8 12 3,198 Petbolaszka 4 2/8 14 275 Széce 24 20 7 9 VeSZprém Kadarta 41 2/8 14 2.2 Kiliti 61 7/8 3.2 Highland Counties . Borsod Tiszatarjan 20 2,950 Gomar Also- és Felsb Hangony 23 7 5 Markuska 12 all Méhi 16 1/2 5 5 144 + 77 forest Heves Egerszalok 6-12 Ffizesabony 6—12 Kerecsend 75 1/4 21 6 Mez6térkany 6 Nagytallya 6-12 Onod 5 Szelefarmos 16 1,600 Tarnaszentmiklds 14 Tofalu 6—12 Nyitra Brogya 12 19 Komjét 104 1/4 54 6 1,054 séros Ujlak 17 32(all) Szepes Dravecz 10 Kacse 12 Lucsivna 4 Mnyise 12 stjar 57 3/8 15 10 Ung Gajdos 4 Ruszkoc 5 Adapted from Lajos Ffir, "Jobbagyfbld - Paraszthld" (Serf Land-Peasant Land), in Szabd, Parasztség, I, pp. 120-122. According to Fur the above are representative samples. 87 The Patent of 1853 also regulated the allotment of forests setting upper and lower limits for each urbarial serf plot at eight and two acres respectively.93 It allowed further subdivisions, below two acres, to the cotters with urbarial land allowing a full allotment for every eight cot- ters. This was an effort on the part of the government to secure an ample supply of fuel for the poorer serfs, but again the problem was too complex and the Patent was far from being able to provide for all contingencies. The main trouble was that in the majority of cases the serf's wood allotment for a year was not proportionate to his arable lands whether urbarial or of other nature. In most regions the serf received from his landlord enough wood to see him through the winter regardless of the size of his lands. For this he was obliged to deliver a variety of payments, mostly a determined number of days robot per year. Allocation by size of arable lands meant disaster to the pOOr and the landless serfs. Since the Patent did not make the allotments of forests mandatory the landlords often kept them and furnished only the allotted cut wood to the peasant. Occasionally the peasants were excluded from the exercise of their woodcutting rights by reasons some— times valid - sometimes fabricated.94 93About 28% of Hungary - not including Transylvania - was forest, according to Gazdasagi Lapok, June 28, 1855. It was estimated at 8,437,788 acres; Budapesti Hirlap, July 12, 1857. 94Szabo, Parasztsag, I, pp. 128-32. Sources: Hun- garian National Archives, Papers of the Ministry of Interior, 88 The complications that arose out of the efforts of pasture and forest allotments were further intensified by the fact that in many localities the clearings in the forests served as grazing grounds for both serf and manorial live- stock. Or, the pastures had trees which gave them a "quasi- forest” classification. Or the serfs wanted to have their allotments close or adjacent to their holdings which was nearly impossible because of the scattered nature of their lands (See Table 2, p. 89)..'Then there were regions where, because of lack of woodlands,the serfs received their fuel allotments in reed instead of wood. But part of these materials also served as thatching for roofs, handicrafts, and,in the case of wood,as farm implements...a hopeless task to try to untangle. There was also the problem of grazing rights on the allodial stubble fields after harvest time (not to be confused with pasture grazing). How does one convert these rights into arable land or pastures? Was it to be the size of his urbarial holdings, or the number of his cattle or perhaps the extent of his grazing rights? Since there are no statistics available we do not know. I In the case of the so-called ”settler villages“ the Patent of 1853 had little effect. It made a distinction between those communities whose relationships to their 1867, Nos. 112, 1136; 1868, Nos. 1880, 4680, 6306, 11469, 12583, 14734, 19165, 23707; 1869, Nos. 1871, 11837; 1864, No. 1178; and State Archives, Szombathely, Urbarial Court Files, 1856, Nos. 442, 683; 1857, Nos. 332, 439, and 452. 89 TABLE 2 AVERAGE SIZE AND DISPERSEMENT OF PEASANT LANDS, 1866 District giggegfiy Number Of giiieE: (in acres Parcels (in acres) Buda 20.2 8.5 2.37 Kassa 26.0 14.8 1.76 Nagyvarad 21.9 7.3 3.01 Pozsony 19.2 19.8 0.97 SOpron 16.3 11.1 1.47 Bénség of Temes 20.4 7.6 2.70 Total Average 20.7 11.5 2.05 Adapted from Heinrich Ditz, Die Ungarische Landwirtschaft, (A Re ort to the Royal Bavarian Ministry of Commerce and Labor?, (Leipzig: O. Wigand, 1867), pp. 72—73. Hereafter referred to as Ditz, Landwirtschaft. 90 landlords were of an urbarial nature but the settler vil- lages,that were clearly on a provisional contractual basis, were outside its jurisdiction. Being in the domain of civil law these villages had to abide by the contracts they peri- odically signed with the landlord, and it was not until 1871 that Parliament began debate on the matter. In view of the foregoing it is evident that the na— ture of the former feudal lands (whether it was classified allodial or urbarial) determined who became emancipated. This was an intricately interrelated problem, whose outcome was vitally important for the former serfs. Equal in im— portance was the size of the allotments. It was only natural that both serf and landlord tried to obtain for himself the bigger and better share. The location of peasant and allodial lands surrounding the villages played a major part in how well, or how badly, lord and peasant fared in ob— taining their choice of lands. Let us examine it. As a characteristic feature of feudalism, developed over centuries in Hungary as well as the rest of Europe, peasant and allodial lands were scattered throughout the countryside in relatively small isolated plots. The cause was a variety of factors such as geography of the land, the system of agriculture, wars, settlement and depopulation, inheritance, clearing of new lands, relocation and redistri— bution of lands, barter, etc. In England and in other Eur0pean countries the consolidation of lands began as early as the sixteenth century. This process did not develop 91 in Hungary. It was estimated that at the time of emancipa- tion the serf's tenure was strewn on an average of ten to sixteen plots.95 The holdings of the lesser nobility were even more fragmented.96 During the two decades preceding emancipation,laws were passed to cope with this problem but the consolidation of lands was not mandatory.97 As a result we find that by 1850 only 15.1% of those lands on which statistics are available were consolidated (See Table 3, p. 92 ). During the Bach Period the process of land consoli- dation became an integral part of the emancipation process. The government established a series of commissions in 1850 whose chief task was to evaluate the fertility of the land, categorize it, and assign a fee absolute of not less than three hundred and not more than seven hundred florins per one whole serf plot. Engineers were sent out to conduct a cadastral survey of the land. On the basis of these surveys the commissions set out to consolidate the land. Their work was augmented by the urbarial courts.98 95Ditz, Landwdrtschaft, p. 74. For a statistical breakdown in the five administrative districts in Hungary and the Bénség of Temes see Table 2, p. 89. 96Istvan Szabo, ed., Agrartbrténeti tanulményok (Studies in Agrarian History), (Budapest: TankOnyvkiadd, 1960), p. 172. Hereafter referred to as Szabd, Agrértbrténet. 97Law of 1836, Articles X and XII; Law of 1840, Articles XXX and XXXI. 98Beksics, Nemzet, p. 446. 92 TABLE 3 LAND SURVEYS AND ADJUSTMENTS, 1850 Communities in which adjustments Area Unsurveyed have been are not yet communities approved approved No. % No. % No. % Right bank of Danube 452 10.2 487 11.0 3,497 78.8 Left bank of Danube 69 2.0 139 4.0 3,270 94.0 Danube—Tisza enclosure 14 1.6 82 9.7 751 88.7 Right bank of Tisza 64 2.1 412 13.6 2,560 84.3 Left bank of Tisza 153 7.6 210 10.4 1,658 82.0 Total 752 5.5 1,330 9.6 11,736 84.9 Adapted from Gazdaségi Lapok, 1850, pp. 28-29. There is a numerical discrepancy between Table 3 and Table 4 in the total number of communities listed. There are several reasons for this. Table 4 includes only those communities which were within the five administrative districts of Hun— gary during the Era of the AbSolutism and were subject to urbarial settlements. Table 3, on the other hand, encompasses the total length of the Danube and Tisza rivers, and the area between them, within historic Hungary; and accounts for all the communities adjacent to these rivers including the ones outside the five administrative districts (especially in the Danube-Tisza enclosure), But even so,a study of Table 3 reveals that by 1850 land surveys, on which hinged the settlement of land disputes between former lord and jobbégy, were only 5.5% completed, 9.6% pending and 84.9% not even begun. 93 We can distinguish three different ways in which con— solidation was achieved.99 The simplest method was the re- location of all of the separate parcels of land into one contiguous area. This was accomplished mainly on the larger estates of the aristocracy and the wealthier gentry. Another method aimed at consolidating the land according to the system of agriculture; that is, the two and three rotational systems of the day. This way the owner had his arable lands concentrated in two or three regions within the boundaries of a community's land area. This system was more widespread and popular with the lesser nobility and wealthier peasants. It brought about a drastic reduction of the minute land parcels making farming more productive. The third method, devised to help the poor peasants, consisted in distributing land according to the fertility of the soil, the nature of agricultural production, and proximity to the village. Thus a peasant was assigned strips of land in every conceivable region around his village. While this method somewhat re- duced fragmentation, one can easily see that a judicious distirubtion was difficult at best, the peasant resented it, and the land remained in numerous small plots (See Table 2, p. 89). The main obstacle to the reforms was the peasantry itself. Peasant resentment was due to a variety of factors. First, due to ignorance and plain stupidity they resisted 99Emil Simonffy, ”Parasztfold és tagosités" (Peasant Land and Consolidation), in Szabo, Parasztsag, I, pp. 226— 235. 94 innovations. Secondly, they feared that with Kossuth in exile the nobility surely would succeed in turning the im- perial edict to its own advantage. For this reason they did not even trust the ”Bach Hussars” who were considered par— tial to the peasant and the prime movers in carrying out the reforms. Sadly enough, there was considerable validity in the peasants' suspicions. The land surveys alone involved a complicated system of assessment ostensibly devised to in- sure a fair amount of equity between fertile and poor soil varieties.100 One needs little imagination to conclude that acres of land that varied in size (the main feature of the new cadastral surveys), no mater what the intent was, would be less than pOpular. The peasant did not understand, nor believe, that he was intended to be the beneficiary of it all and feared that he would be cheated by the surveyors.101 100The unit of measurement used in determining the size of an acre was one 61, or 38.43 square feet. The sur- veyors used three different size acres of 1,100; 1,200; and 1,300 ols, called "estimate acres" (becsholdak). But on occasion we find a 1,400 61 acre and another 1,588 51 acre, the latter being called "cadastral acret" Often there are references to yet another "Hungarian acre" of 1,200 615. Whenever possible I converted the data used to the Hungarian acre for clarity's sake. 101Janos Balashézy, A tagosztalyban vald zavarok tisztéba hozatalérol (On Clearing Up the Confusion Concern— ing Land Categories), ([Buda]Pest: Trattner-Karolyi, 1857), pp. 58-60; and Istvan Nagy, A Mezbgazdasag Magyarorszégon az abszolutizmus koréban, 1849-1867(Agriculture in Hungary During the Age of Absolutism, 1849—1867), (Budapest, 1944), pp. 70-73. 95 There were instances where this fear was not without founda- tion.102 Always prone to believe unfounded rumors over of— ficial statements (especially when such rumors were in their favor) the peasants, in at least one instance, hoped that I all the noble lands were about to be divided among them with outside help.103 Whatever the motive, the peasants quite successfully resisted the relocation and consolidation of their holdings thereby propagating the inept methods of agriculture. Even at the beginning of the twentieth century land fragmentation of peasant farms was so acute as to vir— tually exclude modern farming methods (See Table 5, p. 101). Obstructions and shortcomings notwithstanding the Patent of 1853 remained the basis on which the reforms were carried out. The lack of data for a number of areas in Hungary (due to incomplete contemporary statistics and later ravages of war) makes it nearly impossible to determine the extent and true nature of serf emancipation in all its 1°21n the village of Rada in Zala county the land had to be re—distributed because the engineers were bribed ac- cording to Szabd,.Agrértorténet, p. 395. In the village of Tabajd in Fejér county the peasants lodged a complaint al— leging that the surveyors not only favored the landlord but also the wealthier peasants to the detriment of the impover— ished according to Emil Simonffy "A parasztfold és tagosités" (Peasant Land and ConsolidationL in Szabd, Parasztsag, I, 234. Simonffy quotes as his source the State Archives, Székesfehérvar, Urbarial Trial Documents, Tabajd. 103As late as 1858 there was the fantastic rumor in Békés county that Kossuth married the sister of the Russian tsar and would soon return with a Russian army to Hungary and proceed to distribute the nobles' lands among the peasants according to SashegyL Mozgalmak, p. 235. 96 details. Although the commissions established in 1850 ceased to function in 1861, the judicial process in the urbarial courts extended for decades to come. The system of adjudica- tion, begun in 1856 and reorganized several times, remained the arbiter even after 1867. Yet, by the end of the absolu— tistic period not more than half of the courts' dockets were cleared. Up to 1865 in 3,752 villages, out of a total of 8,159, settlements were reached. This equaled 47.2% of the total number of suits before the courts. In 31.9% of the concluded cases settlement was reached by agreement; while 15.3% of the cases were settled by adjudication. In 47.8% of the cases there was yet no disposition —- a good indication of the intensity of peasant—landlord disagreements. In 3.4% of the villages implementation was not even begun.104 To sum up briefly, the implementation of Hungarian serf emancipation had both beneficial and harmful effects. First, the military dictatorship of Austria goaded the Magyar middle and small nobility into an obstructionist posture once again, at a time when their c00peration with the Crown was essential. Secondly, the delays of the cen- tral government wrought hardships on the peasantry. Thirdly, the Patent of 1853 ignored a great part of the changes that occurred in lord—serf relationship in the previous hundred years. Fourthly, once implementation got under way Vienna assumed a mildly sympathetic attitude toward the peasant 104For a detailed statistical analysis of the process of urbarial settlements see Table 4, pp. 97-99. 97 ran H.5miHmm :.w.0HimH3 LH.m3LH00.H_mmH 0mm_w0H Rom HH mm_HH 3H m 3 0m me mm3.m Hmsoa m.m H.m 03 0.5m RmH 3.mH mm 0.03 3mm.w0 Hamemusnsm H3wm Hamammumm H6 Hmmpms 62 00m HHHN m.n R m.mH um H.0n 3m w.0m H0 mH mm MH 3m 0 0H m R II H i0H HH 05H swumuwms 0.0 m R.m0 m3m m.3 mm m.0~ mHH HH so HH um II I: II II II II II II Hw3 was II II 3.mH MH m.n3 03 n.33 m3 3H wH HH 0m II II H H H H NH H 00H maHoa m.m m H.03 3m R.H 3 3.0m HnH H 3m N 0 II II II II II II H mm 3mm . copmom II II 0.HH Rm 3.H3 HmH 3.53 HMH m3 mm mm mm II N m m H m mm 3H 3mm smosom II II 0.w .3 0.x 3 0.3m m3 II n II 0m II H II II II II H m 0m Home: II II n.0m 0H m.MH 0 0.0m mm m 0 m mH H m m H II II H 0 . m0 Hmmw II II m.:a Ha N.ma NH m.wm Hm II II II II II II II II II II m mm 35 nwmmm II II M.mH m @234” N. m.mw an m m N ma H m I... 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H 2...... ucmEhozfivm pcoaomhhn 4n 1.8 in 49 an are an 16 an 33 an. .19 mMWBom p.300 .3 .3. sow. 01.6 8%. SH“. 9%. SH“. 9%.us 9%..us 90w. sus pooh. .3550 63...... a... H38. . 3HIHHHH 86me HIRH mIomHH HIHHH HHHH HMHWHH. .H . no: mancmm Isseoo scammm . L mapsoo wahmnns 0:» 2H dmpmamsoo mucosmappmm mo 02 mmmHIm3wH .mazmzmsyamm HHHmHmms ¢ HAQ6m 3.N 6 6.6N HR .0.mH m3 0.mmHH3H mH mm 0N Hm II II II II II II II N 66N H6960 0.6 0H m.mm Rm m.N3 NR N.wH Hm 63 RH 6H 6 II II II II N II 6 m 0RH oowuom II II R.Hw 0HN N.m HN H.0H 6N wH mH H 6 II II II In H RmN mopom 3.N m 6.03 mm H.m HH 6.Hm HHH II N H m 0H. 3.2.6.... .mede- .32. oz mHN 2% II II m.mR MR H.N N 6.wH RH II m H w II II II II ..- II II_II Nm . 6:4 w.0 N m.mm Hm 6.Nm RR m.RN 66 mm Hm mH NH N NH 6H R N - 6 3 6MN H3693 II mucmHHHHm H 2. H. .H H .2. H .2 HH. HH HH. HH HHHH HHHH HH H ....H. ucmsmtsmcm unmsmmp m an. Wm mum. Wu Wrm. Ww WNW“ WNWN Wm Wu I Haw 3...... mm... H. H. ...H. ..H 52...”. .33.... H... ......H ..H. ..H HHH... 3...... .62 35.2.3 H369 36-H6HH 06-6me 6-RHHN-OHHH m-H3HH H3HH .3me HOHWHH . mppsoo Hmflumnpz on» cw vouwamsoo @90080prmm mo .03 . E I. llllllllllllllllllflrllllllflflflflflflnb. sosaHquoI-3 HHmHe 99 TABLE 4-—Continued Adapted from Menyhért Lonyai, "Az urbéri rendezés és tagositas figyének allasa Magyarorszagon" (The Present Status of Urbarial Reorganization and Land Consolidation in Hungary), in Statisztikai és nemzetgazdasagi kozlemények (Statistical and National Economical Journall I, 1865; and Lajos Ffir, “Jobbagyfold—Parasztfold" (Serf Land-Peasant Land), in Szabd, Parasztség, I, pp. 140-143. Both Far and Lonyay list the counties of Kovér- vidék, Kozép-szolnok, Krasso, Kraszna, Temes, Torontal, and Zarénd, which were during the absolutistic period either under the Bansag of Temes or under Transylvanian adminis- tration. These counties came under the jurisdiction of the Hungarian urbarial courts in the early 1860's. Until the mid 1860's the judicial process was at a near standstill there. For this reason they are not included. For clarity's sake I divided Hungary into three re- gions. This grouping did not alter to any appreciable degree the statistical picture obtained by a more fractionalized breakdown of geographical areas, i.e., "Little Plain," "Nyirség," "Hajduség," "Kunség," "Bodrogkoz," etc. 100 which was more than he could have expected from his Magyar lords. Fifthly, the landed peasant was hopeful of his mak- ing a go of it as a free landholder —— as indicated by his fight for land in the courts. Lastly, emancipation created a confused and apprehensive middle and small nobility who knew or cared little about free enterprise. TABLE 5 SIZE AND DISPERSEMENT OF PEASANT FARMS AT THE BEGINNING OF TWENTIETH CENTURY 101 Number of Farms and Average Number of Parcels Size of Property 1-5 #4 5—10 10-25 25—50 50—100 100- _ m m m m m m a) to m m m m Region tum UNI-II—Iu-Immu-IHu-Imow-II-Humow-IHIHmonHHH-Ith—IH .ogroomoEmomoamomOEmowOEmooOEwOw H H (J H34 0 L1H o HII 0 H54 0 #4H 0 mum-II-Mm-LIwum-H-mm wH-mm-H -mm-H om>0!!!Om>omotu>omom>omocu>omocu>om z IczsaIz HIZCHES :cznhz 4gzanz 2: sizzm 'Great Plain 55 6.0 20 12.4 45 15.5 40 29.2 26 39 2 14 66.9 Little Plain 22 5.8 6 12.2 17 16.9 13 22.6 12 38.9 10 96.9 Trans-Danube 15 10.3 7 30.9 11 29.9 6 38.5 5 55.4 2 322.5 Highlands 11 13.5 8 24.0 7 38.0 4 41.3 1.EKLO 3 31.0 Total 103 8.9 41 19.9 80 25.1 63 32.9 44 63.4 29 122.4 Maximum and Minimum Number of Parcels per Farm Size of property 1—5 5-10 10—25 25-50 50-100 100- R . No. of No. of No. of No. of No. of No. of egion Parcels Parcels Parcels Parcels Parcels Parcels MaxLMin Max Min Max Min Max Min Max Min Max Min Great Plain 16 2 55 5 65 5 67 5 90 9 201 20 Little Plain 12 1 18 6 30 5 47 6 60 14 337 4 Trans-Danube 26 2 63 11 74 13 51 27 76 43 331 413 Highlands 32 2 68 11 123 12 90 4 120 120 84 4 Total 21.5 1.8 51 8.3 73 8.8 63.8 10.5 86.5 465 238 85.5 Adapted from Emil Simonffy, (Peasant Land and Consolidation), in Szabd, Parasztsag, I, pp. 260-262. "A parasztfold és tagositas" Simonffy used several sources as the basis of these sta— tistics. He points out that it is possible that these sources did not alwasy use as an example the most characteristic farms for a region although they attempted to do so. son and because of the highly selective nature of his data extreme caution must be used in interpreting these figures. (Only 360 farms were used for the 50 counties of Hungary; 7.2 farms per county.) For this rea- CHAPTER V BALANCE SHEET AND CONCLUSIONS In view of the foregoing, one cannot help but wonder what happened to the members of the Opposition of the late 1840's. Where did all the liberal Hungarian nobles go? Certainly not all of them went into exile following the col— lapse of the Revolution. Yet it seems that the landlords who contested the former serf's right to the land before the urbarial courts had little, if any, liberal traits left. They seemed archreactionary with little or no understand- ing of what the system of "laissez-faire" meant or how it worked. Judging from the evidence in Chapter IV we can assuredly conclude that it was a blessing in disguise that the emancipation of the serfs was carried out by aliens rather than Hungarians. It is impossible to conclude that the blame lies wholly with Vienna. If the Jacobinism of the Revolutionary Government was anything more than the will of a handful of radicals then the majority of the nobility would have manifested it in court, where the nature of emancipation was decided, and would have tried to help the peasants to more land instead of taking it away from them. Along with its traditional resistance to change, the nobility in general knew little about modern agriculture. 102 103 How unprepared they were for competitive farming at the mid— dle of the nineteenth century can be established readily: Hungarian society is not yet (1908) conscious of the fact that a successful carrying on of farming demands a special professional training: hence the overwhelm- ing majority of the owners of "intermediate" (100—1,000 acres) and "large" (over 1,000 acres) landed properties do not attend agricultural colleges, but for the most part are content to obtain the legal qualifications of- fered by universities and colleges of law.105 At the time of emancipation there were only two agricultural schools in all of Hungary. The one at Keszthely graduated 1,444 students between 1797 and 1848 who, for the most part, found employment on the numerous estates of the school's founder, Count Gyorgy Festetich.106 The other school at Magyarovar graduated 1,534 students between 1818 and 1855, the majority of which were employed on the estates of the aristocracy and wealthier middle nobility.1°7 Due to inept agriculture and the inefficient feudal system, the debt on noble land reached staggering propor— tions by 1848.108 There were no credit facilities and the burning of 70,000,000 florins of the revolutionary paper money of 1848—49 (called Kossuth banko) by Bach caused the 105Julius de Vargha, Hungary, (Budapest: Athenaeum, 1908), p. 43. 106Jerome Blum, "Noble Landowners and Agriculture in Austria, 1815—1848," John Hopkins University Studies in His- torical and Political Science, Series LXV, No. 2, (Balti- more: John Hopkins Press, 1948), p. 128. 107Homan and Szekffi, Tbrténet, VI P- 517- 108See Page 42. 104 demise of many noble families.109 To a limited extent the nobility's financial crisis was Vienna's doing because not only were the "Kossuth bankos" burned, but the state—assumed redemption payments for the urbarial lands were not forthcoming either.110 Indeed, re- demption payments by the state continued to trickle down until the turn of the century. The final sum, 424,216,524 florins, was substantial;111 but due to the delays it was of little consequence--especially when we consider that the total value of urbarial lands by that time was estimated at 700,000,000 florins.112 Despite increased tax revenues, centralized absolutism was wrought with financial problems throughout its duration. In 1848 direct (military) taxes, not including Transylvania, amounted to 4,280,000 florins while indirect taxes were 5,300,000 florins. Due to the introduction of universal taxation, by 1850 these taxes increased to 13,800,000 and 25,500,000 florins respectively (an increase of more than 109Koséry, History, p. 254. In 1867 there was only one land bank; Grétz, Dualizmus, I, p. 259. 110A royal decree in 1850 ordered an advance payment of 6,700,000 florins on the urbarial lands but due to a com- plicated bureaucratic procedure and "loyality tests" only 3,000,000 florins were actually paid by 1852. Only in 1857 were the loyality tests terminated and payments begun in earnest. 111Beksics, Nemzet, p. 450. This figure does not in— clude Transylvania. There is an error in addition in Beksics' final sum. 112Homan and Szekffi, Torténet, V, p. 447. 105 fourfold); while by 1857 taxes increased eleven fold: 41,500,000 florins in direct taxes and 65,600,000 florins in indirect taxes.113 Yet by 1859 the state had a yearly deficit of 238,000,000 florins with the public debt at a staggering 230,060,000,000 florins'.114 The peasants' condition was a direct result of Vienna's unsound fiscal policy. The increased tax burden wrought a much greater hardship on the former serf than on his former landlord mainly because of the small size of his farm. In addition to taxes, he had to pay the redemption fees on his allodial lands awarded him by the courts. Soc- age dues had to be met also until redemption was paid. Even so, the government seemed content to collect taxes and do almost nothing to help the fledgling peasant farms become productive and financially solvent. Cooperatives and cred— it facilities were not introduced until after 1867.115 The peasant was at least as ignorant of efficient agriculture as his former lord. An investigation in 1910 showed that on the Great Plain, the "bread basket“ of Hun— gary, farmers did not bother to stock supplies for lean years. When drought caused crop failures there was famine while an 113Homan and Szekffi, Torténet, V, p. 447. 114Kosary, History, pp. 276-77. 115Kosary, History, p. 254. 106 abundant harvest called for senseless waste and a life of opulence.116 Since the Second World War Hungarian historiography began a series of studies on the problem of whether the urbarial serfs actually were awarded more than their urbarial lands. In Chapter IV, based on this evidence, we saw how tenaciously the serfs contested their former lords for the possession of allodial lands. Still we have no way to de- termine the exact size of peasant farms. Not only did they vary in size by region, but the haphazard and inaccurate cadastral surveys of the 1850's give us a distorted picture. Contemporary statistics (such as Fényes Leiras) based their figures on these surveys and on the incomplete censuses which were begun in 1857. We can estimate, however, that on a national average, a serf received between sixteen and twenty acres of urbarial land.117 This was hardly enough for efficient capitalistic production, but even so only 40% of the serfs had land; the rest were cotters who either had no land at all or their holdings were so minute that they could not subsist on it.118 115Bermrud H. Lederer, Agrarstatistische Beitrage und Studien zur alfolder Landarbeiterfrage, (Doctoral disserta- tion), Halle, 1910. 117Istvan Orosz, "Differencialodas és kisajétités" (Differentiation and Expropriation), in Szabo, Parasztség, II, p. 76, estimates the size of peasant farms at sixteen acres. Compare with Table 2, p. 89. 118550,000 of the serfs had urbarial serf plots; of these 17,000 had more than one; 93,000 had between one—half and one; and 434,000 had less than one-half, according to 107 What exmxgpmtkn of a peasant's hokfings consisted of allodial lands (cleared, remainder, forest, etc.) probably will remain a mystery to us. It seems that the urbarial courts awarded all the remainder and approximately one— third to one—half of other types of lands, depending on how much the peasant claimed. Basing our calculations on the fact that these plots were often equal to or in excess of the size of the serf's urbarial holdings, we can say with some assurance that he probably received between four and ten acres additional land. The first complete statistical survey of arable land distribution was made by the government in 1895. Even this statistic left out those farms engaged exclusively in for— estry and grazing. According to it, 53% of the 2,388,000 peasant homesteads had less then seven acres of land which was even then insufficient in supporting a family's live— lihood. They had to live on 5.7% of all arable lands.119 But even the larger peasant farms were incapable of achiev— ing a competitive degree of efficiency because of fragmenta— tion (See Table 5, FL 101). Homan and Szekffi, T5rténet, V, p. 537. In addition, in 1847 there were 911,744 cotter heads of households, or 59.5% of all serfs, according to Fényes, Leirés, II, p. 46. 119Homan and Szekffi, TOrténet, V, pp. 537-38; the 2,388,000 homesteads were on 45,000,000 acres. Out of these there were 562,000 with less than one acre; 716,000 with 1 to 7 acres; 458,000 with 7-14 acres; 385,000 with 14—26 acres; and 205,000 with 26-66 acres. 108 The efficiency of a western capitalistic economy that the reformers of the 1830's and 1840's dreamed of did not materialize. The large estates that could have produced and competed most successfully were, in the majority of cases, mismanaged while the peasant farms were inefficient because they were small. The cotters became seasonal agri— cultural workers for whom work was difficult to find. Moreover, the industrial backwardness of Hungary prevented these poorest of the poor to find employment in the cities as they did in the West, and other provinces of Austria. Even so, the emancipation of the serfs in Hungary was more progressive, almost radical, compared to other Eastern European states, because it abolished the personal relationship between serf and lord and the age old distinc— tions between noble, urbarial and rented lands, which the Russian or Rumanian emancipation failed to accomplish.120 Yet the vestiges of feudalism lingered on. The no- bility retained political control. After 1867 even the old county system was restored. In Parliament urgent farm legis— lation was repeatedly defeated. The reform from the top down fizzled out into a procession of government half—measures, endless court proceedings, and a forest of legal technicali- ties. 120Emil Niederhauser, A Jobbagyfelszabadités Kelet- EurOpaban (The Emancipation of the Serfs in Eastern EurOpe), (Budapest: Akademiai kiado, 1962), p. 302. Also see Corpus juris, Law of 1871, Article LIII. GLOSSARY Alispan County official. A rough equivalent to the the Sheriff of a shire in England. Ap— pointed by the f6iSpan. The administrative head of a county. His influence in county administration depended on the foiSpan. Belsoségek Small tracts of land, less than one acre, adjacent to a serf's cottage. Usually not considered part of the urbarial lands held by the serf. In most cases the serf had to redeem them without state support. Some vineyards came under this heading too. Biro (falusi) Village mayor and justice of the peace. Elective office. Elected by the peasants of a community; usually a prosperous serf or peasant. Nom— inations influenced at times by the local landlord. Ap- pointed by the central government during the absolutistic period. FOiSEén A rough English equivalent to the Lord Lieutenant of a shire. Head of the county. Appointed by the Crown. Office of varying importance, often became hereditary, held exclusively by the aristocracy. Foszolgabirdr An EngliSh equivalent to the Chief Con- stable of a shire. Elective office by the county electorate. Head of several administrative districts in a county. A subordinate of the alispan. Irtvany Cleared land. Lands serfs made arable by clearing of brush, forest and drainage of marshes. Such lands often exceeded in size the serf's ur— barial holdings. Subject of bitter controversy during, and often after, the absolutistic period. The landlord claimed them as allodial lands, the serf insisted on their urbarial nature. Jobbagy Serf. One who holds urbarial land. Also used as an all-inclusive term meaning all the serfs. After emancipation the word becomes obsolete. Jobbagytelek Serf's plot (urbarial). Held in perpetuity (urbéres) by the serf. The urbarial part of the lord's land. Size varied by region. Roughly be— tween twenty and sixty acres. Often only a fraction of a whole plot was held by a serf, seldom he had more than one plot. 109 110 Majorségi, The allodial part of the lord's lands. curialis fold Retained by him after emancipation. In- cluded lands that were in communal use be— fore emancipation, such as pastures and forests. The small plots of the moccasin nobilityVfire considered allodial too regardless of their size. Maradvényfbld Remainder lands. 1. Lands that were left out of the urbarial registers because the serfs, in order to evade taxes, did not have them registered. 2. Lands vacated at the death of a serf on which the land— lord failed to settle another peasant family. 3. 'Lands vacated because of war; especially numerous in the former Turkish occupied areas of the Great Plain. Paraszt Peasant. A non-noble engaged in agriculture. A term used concurrently with that of serf. After emancipation the only word used to describe former serfs and former free peasants as well. Robot Statute labor required of all serfs. The number of days per year a serf worked on the allodial portion of the lord's lands in exchange for the use of the urbarial portion. The serf furnished his own draft animals or worked double the number of required days. Szolgabiro A rough equivalent to the Sheriff of an English shire. Not the same as the alispan. Elective office by the county electorate. Head of an administrative district in a county. “Quite indepen— dent jurisdiction with broad juridical and administrative powers. A subordinate to a limited degree of the fbszol- gabiro. The’domain of the gentry or middle nobility. Zsellér Cotter. The most numerous of the serfs. 1. Serf who holds no more than 1/8 urbar- ial plot. 2. Serf who has no urbarial lands but may have cleared lands. 3. Serf who has a cottage and some “inner lands." 4. Serf who has no cottage or land. Zsellértelek Cotter's plot. Less than 1/8 of urbarial land with no lower limit. In cases the cotter had as little as 1/32 and even 1/64 of a serf plot. BIBLIOGRAPHY Documents Austria. Gesetze und Verordnungen Franz Josefs, 1856— 1860. 9 vols. The Royal Ministry of Justice. Wien: S. 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