It should be noted that, under the scornful rhetoric of this speech,

there is concealed the admission of the important constitutional

principle, that the king had no right to demand the service of his

subjects in a foreign war. In saner moods and at later periods,

Bohemians were eager to assert this great liberty. But, for the moment,

the king’s appeal acted like magic in silencing opposition and rousing

enthusiasm for the war. Songs were composed and speeches delivered in

honour of the siege of Milan; and, while the young nobility disregarded

the warnings of their elders and hastened to take up arms in the

Imperial cause, the peasants gladly left their wearisome occupations

and oppressed condition to flock to the banner of their beloved king.

The splendid services accomplished by Vladislav in that ill-fated war

strengthened his influence in the Councils of the Empire; and it is

at least pleasant to mention that, at the siege of Brescia, the King

of Bohemia used his influence with Barbarossa to soften the terms

offered to the unfortunate Brescians. His personal share in the war

was indeed cut short, partly by ill-health, partly by the necessity

of returning to Bohemia, which was disturbed by the insurrection of a

new pretender. But his son Frederick and his brother Theobald brought

new reinforcements to the camp of Barbarossa; and a large part of all

the glory that could be won in such a cause was due to the Bohemian

soldiers.

Nor was Vladislav less successful in rousing the enthusiasm of his

subjects in favour of another war, which had as little connection as

the Italian expedition had had with the welfare of Bohemia. Queen

Geysa, of Hungary, appealed to Vladislav in 1164 to help her young son

in his struggle against a pretender to the Hungarian throne. Again

Vladislav promised his help, and again the constitutional protest

against his promise produced an explanation which served to show

the deference of the king to the laws, while its complete success

proved his personal popularity in the country. This campaign gave

additional proof of the king’s military reputation; for the Emperor of

Constantinople, who had invaded Hungary on behalf of the rebels, was

eager to make a special peace with his Bohemian opponent; and when he

failed to effect this purpose, he speedily returned to his own country

and accepted the proposals of Vladislav about the terms of his peace

with Queen Geysa.

The reign of Vladislav stands out strangely in the middle of the

disorderly twelfth century. We see there a king suppressing disorder

without suppressing freedom; armed insurrection by selfish intriguers,

changing as if by magic into constitutional opposition on behalf of

most important liberties; and all these gains apparently connected with

an increase in military glory and national prestige, such as might well

dazzle even men of some sagacity and foresight.

But the glory, and, what was of far more importance, the peace of

Bohemia, were of short duration. The death of Bishop Daniel broke the

chief link between Vladislav and Barbarossa. The bishop had remained

with the Emperor during his Italian campaign; his counsels had always

been welcome, and his influence had, no doubt, been a strong force

in securing Bohemia to the Imperial cause. Nor did his death produce

a merely negative effect on the relations between Bohemia and the

Empire. It brought into play another influence which was exerted on the

opposite side.

Vladislav’s queen, Judith, favoured the party of Pope Alexander III.;

and by her advice a Saxon bishop, who had taken the Papal side, was

elected as Daniel’s successor. As the new bishop was totally ignorant

of the Bohemian language, his election weakened Vladislav’s popularity

with his people as much as his favour with the Emperor. Three years

later, the enemies of the king once more found their opportunity to

make use of these discontents against him. Vladislav, without any

consultation with the nobles, and without any notice to the Emperor,

resigned his power to his son Frederick; and the intriguers, whom he

had with such difficulty suppressed, were now easily able to rouse an

insurrection against his successor. Then followed twenty-five years of

miserable dynastic squabbles, during which Conrad of Moravia was able

to play the part of king-maker, and, by the help of the puppets whom he

placed on the throne of Bohemia, to secure a temporary independence for

the province which he governed.

At last the contest was brought to an end by the accession of King

Pr̆emysl to the throne in 1198; and he settled the question of Moravian

government by conceding the rule of that province to his brother

Vladislav. Pr̆emysl came at the right moment to recover for Bohemia the

power and influence of which the civil wars of a quarter of a century

had deprived her. Once more, as in the time of Henry IV., Germany’s

difficulty was Bohemia’s opportunity. The death of Henry VI., the

son of Barbarossa, had thrown the Empire into all the disorder which

arises from a disputed succession; and Pr̆emysl found his interest in

playing off one rival emperor against another, just as the Emperors

had previously played with the rival candidates to the Bohemian

throne. Philip and Otto soon found that their respective causes were

practically at the mercy of the Bohemian king; and, if Dubravsky has

any authority for saying that Pr̆emysl’s surname of Ottakar was a

tribute to his devotion to Otto, never, certainly, did a nickname

convey keener irony.

Nor did the election of Frederick II. diminish the power of Pr̆emysl.

His influence had considerably contributed to that election; and

Frederick’s lifelong war against popes and priests compelled him to

rely on any friend who would stand by him against those dangerous

antagonists. In his eagerness to secure Pr̆emysl’s help, the Emperor

confirmed to the Bohemian crown those German territories in Silesia

and the Lausitz, which had so long been the subject of dispute. He

also granted to Pr̆emysl the power of appointing bishops in Bohemia

without any outside interference. Pr̆emysl’s sympathies with Frederick

were further quickened by the struggles with the clergy of Bohemia in

which he found himself involved. The same difficulties which our Henry

II. had so recently experienced, in his attempts to bring the clergy

under the authority of lay tribunals, were harassing Pr̆emysl during

a large part of his reign; and his attitude in these matters provoked

against him Papal censures as stern as those which were aimed at his

Imperial ally. The contest between king and priest in Bohemia ended in

a compromise; but the substantial victory probably remained with the

king.

Pr̆emysl’s vigour tended, no doubt, to reconcile the discontented

nobles to his rule; but, in the reign of his son Wenceslaus, the

opposition again began to make head. Young Pr̆emysl Ottakar, the son

of Wenceslaus, had been appointed Margrave of Moravia; and the power

connected with this office induced the nobles to make the young prince

the centre of their intrigues. The terrible events of 1241 suppressed

faction for a time in Bohemia; for in that year the invasion of Genghis

Khan shook all the States of Europe to their centre, and gradually

forced into the background any minor cause of division. The details of

this invasion are more properly connected with the events to be dealt

with in the following chapter. Here it is enough to say that the panic

produced by this invasion enabled Wenceslaus to rally round him the

whole forces of the kingdom, and to establish the reputation of Bohemia

as the champion of European civilisation.

But there was one ruler, in whom neither fear of danger nor gratitude

for deliverance could quench his hostility to the Slavonic kingdom.

This was Frederick of Babenberg, Duke of Austria, who was otherwise

known as Frederick the Quarrelsome. Ever since the time when Vratislav

had defeated the Margrave Leopold in his rising against Henry IV., the

rulers of Austria had been doubtful friends to Bohemia; and, though

accident might sometimes have forced them into an alliance, their

ordinary attitude was that of suspicion, if not of open hostility.

Frederick the Quarrelsome was one of the bitterest in his opposition.

He invaded Moravia in the very year after the repulse of the Mongols;

and he continued the struggle till his death.

That death, however, instead of bringing peace to Wenceslaus, only

raised against him a far more formidable opponent. The Emperor

Frederick had opposed the efforts of his turbulent namesake; but, when

the Duke died without an heir, it seemed an excellent opportunity for

seizing Austria as a fief of the Empire. Wenceslaus, on the other hand,

desired to secure the dukedom for his son Vladislav; and, in spite of

Imperial opposition, he seems to have won for his son the sympathies,

of a part, at least, of the Austrian nobles.

Thus then ended abruptly that alliance between Bohemia and the Empire

which had been so useful to both parties. Neither Wenceslaus nor

Frederick lost time in their declarations of hostility to each other.

In 1247 Wenceslaus openly joined in the schemes of Innocent IV., for

deposing the Emperor, and setting up William of Holland in his place;

and Frederick revenged himself by stirring up the discontented Bohemian

nobles against their king. The struggle was a sharp one; the rebels

succeeded for a time in deposing Wenceslaus and setting up young

Ottakar in his stead; but the threats of Innocent IV. brought them

back to their allegiance; and a compromise by which young Ottakar was

confirmed in his former government of Moravia removed him from the

ranks of his father’s enemies. The death of Frederick II. once more

plunged the Empire into disorder. Wenceslaus saw his opportunity in

this confusion; and, as Vladislav was now dead, the King persuaded

young Ottakar to seize the dukedom of Austria for himself. The

Austrians accepted their new duke without any apparent reluctance;

and thus, when Wenceslaus died in 1253, Ottakar II. became king of a

Bohemia, which included not only Silesia and the Lausitz, but also the

dukedom of Austria.

IV.

THE GROWTH OF BOHEMIAN LIFE FROM ACCESSION OF PR̆EMYSL OTTAKAR I. TO

DEATH OF PR̆EMYSL OTTAKAR II.

(1198-1278.)

In the present century the development of national constitutions

has had a special interest for historians. This interest has arisen

partly from the spectacle of the unusual number of new experiments

in government which have been made in our own time; partly from the

growing sense that the history of wars and Courts has become less

important, and that the growth of law and of popular life ought to

take the place of those exploded subjects of interest. But the exact

legal position of the different component parts of a nation is not

generally easy to ascertain at an early period of its history; nor,

when it is ascertained, has the knowledge always brought us nearer to

the discovery of the really living and progressive force in the nation

at that period.

Thus, in the case of Bohemia, though we get continual hints of national

feeling and popular aspiration, these do not always centre in legally

constituted bodies, nor do they keep pace with any orderly line of

constitutional development. Assemblies seem constantly to have met, but

these were, in the main, assemblies of nobles; and the general national

feeling more often took the form of an enthusiasm for the Bohemian

language, or the reverence for a native saint, than of a demand for the

extension of the rights of any class, or for a limitation of the royal

power.

Perhaps it was a natural consequence of this popular indifference to

political progress, as compared with the zeal for the preservation of

the national language, and the religious ritual, that, by the close

of the twelfth century, we find few traces remaining of those free

institutions which seemed to connect themselves with the story of

Libus̆a. Even those securities for popular freedom, which undoubtedly

prevailed in historical times, had been, in the course of the eleventh

and twelfth centuries, corrupted into new sources of tyranny. Of these

the most important had been the Z̆upa, or local assembly. This had been

formed partly for purposes of self-defence, partly for ecclesiastical

organisation; and, though it had centred at one time in a castle, at

another in a church, yet it had originally been governed by a judge,

elected by the district.

But from the time of Boleslav the Cruel, the Dukes began to make it

their practice to grant these local judgeships to nobles who had done

them special service; and those nobles were generally allowed either to

sell their offices or to bequeath them to their heirs. The temptation

to use this position as an instrument of oppression was yet further

increased by the profit which the judges were allowed to make out of

the fines that they had inflicted. The money thus accumulated was often

used for the purchase of neighbouring lands; and thus lands formerly

held by freemen, or on the communal system, passed into the power of

the official nobles. In the meantime those nobles, who did not become

Z̆upani, were able to profit by the growing unpopularity of the local

tribunals to strengthen the power of their own feudal courts over their

dependants; while the continual wars, and the practice of selling

captives into slavery, encouraged the growth of an even more helpless

and degraded class. The coolness with which many of the grants of land

transfer workmen of various kinds as mere appendages of fields and

fishponds, is in itself a proof of the degraded position to which the

peasant class in Bohemia had been reduced; and the fact that military

service seemed one of the few means of escaping from serfdom led the

peasants to favour those wars which in the end increased their misery.

When the peculiarly disturbed state of Bohemia, which followed King

Vladislav’s retirement from power, had been for a time brought to an

end, or at least modified by the accession of Pr̆emysl Ottakar to the

throne of the kingdom, it became necessary to provide some remedy for

the miserable state of things which was destroying the country; and

above all to find a new opportunity for the development of peaceful

trade, and some power which could counteract the lawless intrigues of

the nobles. The calling into life of communities which should be out of

reach of the power both of feudalism and officialism was the natural

method of meeting these difficulties; and, in the ruin of the rest of

the country, there seemed to be two places where there still lingered

traditions that could be made available for this purpose.

Curiously enough, amid the decay of national freedom, the privileges

granted to foreigners still remained undiminished; and, stranger

still, it was from these communities that a new material for national

life was to be drawn. In the district of Poric̆, which Vratislav had

raised into a suburb of Prague, a settlement of German workmen had

been planted by that king; and to encourage them in the continuance of

their occupations, he had granted them rights of self-government, which

had survived the freedom of the Z̆upani, and the other elements of

independence which had been enjoyed by the poorer classes of Bohemia.

They had been allowed to choose their own judge without interference

from any one; and, except in the cases of the most extreme crimes,

which were dealt with by the Duke himself, they were allowed to carry

on their own affairs according to their own laws. They were never to

be compelled to go on military service, except when the actual defence

of the country required it. A Bohemian wishing to bring an action

against a German was obliged to prove his case through two German

witnesses and one Bohemian before a German judge. They were to be safe

from that compulsory intrusion into their houses by nobles who came

from a distance, which was one of the great burdens of the Bohemian

citizens; and in many other matters they were allowed to follow the

customs of their own country. The respect felt for these privileges

is sufficiently shown by the fact that, even in the time of turbulence

and disorder between the abdication of Vladislav, and the accession of

Pr̆emysl, we find a formal confirmation by Duke Sobeslav of Vratislav’s

grant to the settlers in Poric̆.

Here then Pr̆emysl could find a tradition which might justify him

in developing, without violent change, liberties of the greatest

importance to his country; and accordingly in 1213 he grants to the

citizens of Freudenthal the settlement of their town “in accordance

with that Teutonic law which has hitherto been unwonted and unused in

the lands of Bohemia and Moravia; but which, having been granted to

you first by our illustrious brother Vladislav, Margrave of Moravia,

we confirm with our royal authority.” And then, as an important hint

of coming developments, and an indication of the thoroughly national

purpose of this movement, he grants them, during the life of himself

and his brother, the tithes on the metals found within four miles from

the city, to be used for the improvement of the aforesaid city.

But, if the new development of town life took root at this time in the

western parts of Bohemia, it seems to have had a still earlier growth

in the more eastern province of Moravia. That province had always had

peculiar traditions of its own. It was a fragment of the old kingdom of

Moravia, and had been incorporated in the Bohemian dukedom, at the time

of the Hungarian invasion. It always retained a sense of its important

position; and Barbarossa himself had increased that feeling when, in

granting the royal crown to Vladislav, he spoke of the new dignity as a

revival of the old Moravian kingdom. Moreover, by some means or other,

a German element seems to have penetrated into this province; and it

is now generally believed that in Moravia, as in Bohemia, the first

traditions of municipal self-government were drawn from German sources.

Nevertheless, when in 1229 King Pr̆emysl recognised the municipal

liberties of Brünn (Brno), he evidently refers to them as connected

with local rights which had been traditional for a considerable time

in that town; and in the book of decisions of the Moravian municipal

tribunals, the Law of Brno is sometimes pitted against that Law of

Magdeburg which was generally accepted as the model of town rights.

Brünn, too, became in a peculiar manner the centre of the towns of

Moravia, and its laws became a new source of life to a great portion

of the Bohemian kingdom; and its Book of Rights, with its splendid

binding and beautiful illuminations, may still be seen in the town

council house at Brünn. So, when in 1229 Pr̆emysl Ottakar confirmed the

ancient laws of the province of Brünn, he gave a new, and probably more

attractive, impulse to the movement for civic self-government.

[Illustration: RADNICE BRNE: OLD DOOR OF TOWN COUNCIL HOUSE OF BRÜNN.]

These rights, however, were of gradual growth, and at the time of

Pr̆emysl’s decree they were not developed to that point which the

subsequent records of their interpretation would lead one to expect.

Thus, although we find securities against arbitrary arrest, we do not

find that definite arrangement for the production of legal witnesses

which was afterwards established; and, though the judge is no longer

allowed to decide questions alone, the check upon him seems to be

rather that of officials and nobles than of his fellow-citizens. But,

whatever defects and limitations we may find in these early provisions

for municipal liberty, the movement in its favour was soon to be

hastened by one of the most tremendous shocks which had convulsed

Europe since the fall of the Roman Empire. This was nothing less than

the invasion of Genghis Khan and his Tartar hordes, which has already

been slightly alluded to in the previous chapter.

It appears that the Cumani, a still barbarous tribe, had come into

collision with the Tartars in Asia; and, either flying from Tartar

vengeance, or following a new career of conquest, the Cumani entered

Hungary. There they joined with some of their kinsmen who had formerly

settled there, and began to harass the Hungarians. The Tartars quickly

followed on their heels; and, having overrun Russia, they made their

way into Hungary, defeated King Bela, and laid waste his territory,

killing men, women, and children. From thence they swept over Poland,

and advanced into Moravia, while others attacked Bulgaria and Greece.

The terror-struck descriptions of the writers of the period seem to

combine the memories of Gothic and Hunnish invasions with the imagery

of the Apocalypse. Like so many conquerors, Genghis Khan seems to have

had a conception of a special mission to destroy imposed on him by some

invisible Power; and he and his followers were looked on, for a time,

as irresistible. He had twelve thousand men wearing breastplates of

skin, and always on horseback, and twenty or thirty horses without any

one to guide them following every rider; for the Mongol Tartars could

do nothing on foot because of their short legs and long bodies. They

were killing all except those children whom Genghis Khan was branding

on the face with his mark. Their women were said to fight on horseback;

and those who slaughtered the most were the most admired.

While Europe was panic-struck, and every man was calling on his

neighbour for help, Pope Gregory IX. and the Emperor Frederick II.

were fighting with each other for the possession of Sicily; and,

while Frederick pleaded that he could not put himself at the head of

the Imperial forces till Gregory would let him alone, the friends

and admirers of Gregory were accusing Frederick of having himself

invited in the Tartars; and some even declared that they had seen

his messengers in the Tartar army. Alone almost among the princes of

Europe, Wenceslaus of Bohemia, who had now succeeded to the throne,

seems to have preserved some nerve and sense. He called upon the Duke

of Austria, the Patriarch of Aquileia, the Duke of Carinthia, and the

Margrave of Baden to help him to gather together his forces near Olmütz

(Olomouci); and he made so determined a stand that the invasion was

rolled back upon Hungary.

Even after this defeat of the Tartars the terror of them hung for years

over Europe; but, though Bohemia itself was not yet free from danger,

Wenceslaus, as King of Bohemia, and his son Pr̆emysl Ottakar, as

Margrave of Moravia, now set themselves to redress the injuries done

by the Tartar invasion. In 1243 they began to enlarge and restore the

towns which had been destroyed by the Tartars; and in order to induce

the frightened citizens to devote themselves to this work, they found

it necessary to encourage them by the grant of further liberties.

The conception of municipal government evidently makes great strides

at this time. Accused persons are now more carefully guarded from

arbitrary sentences; and we also find the jury rising to an equality

with the judge in the decision of certain matters. More clearly,

too, do we detect the determination to put a check on the tyranny of

the nobles by the development of civic liberties. “We will,” says

Wenceslaus, in his extension of the privileges of Brünn, “and we

irrefragably decree that no baron or noble of the land shall have power

in the city of Brünn, or shall do any violence in it, or shall detain

any one, without the license and proclamation of the judge of the city;

and we will that, whoever of the citizens has servants or possessions

outside the city, shall not be summoned by the provincial judge, or

the officials of the province, but shall be judged by the judge of the

city.”

[Illustration: JÍHLAVA (IGLAU), THE GREAT MINING CENTRE IN MORAVIA.]

The power of demising property without interference from others,

freedom of marriage or non-marriage to widows and maidens, various

forms of protection against violence, facilities for holding markets,

and the removal of customs duties--such are the chief subjects dealt

with in these civic constitutions. The discovery and working of

minerals, which largely date from this time, led to new opportunities

of self-government. In the town of Iglau (Jíhlava), where miners had

been prominent in the defence of their country against the Tartars, the

powers granted to them and the neighbouring citizens were particularly

large. “We wish and command,” say Wenceslaus and Pr̆emysl Ottakar his

son, “that, whatever the jury of our city and the jury of the miners

have ordained, for the commercial good, should be inviolably observed

by all.” Even tax-collectors of the king are to consult the miners in

certain matters; while special securities are given against possible

defalcations by debtors of noble birth.

Bohemia, from the earliest times to the fall of national independence in 1620 With a short summary of later events · 第 5 / 34 段