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Heerlijkheid

From Wikipedia, the free encyclopedia
Lowest administrative and judicial unit in Low Countries before 1800
Warmond House (Huis te Warmond), the manor house for the Hoge Heerlijkheid ofWarmond

Aheerlijkheid (aDutch word; pl.heerlijkheden; also calledheerschap; Latin:Dominium)[1] was a landed estate that served as the lowest administrative andjudicial unit in rural areas in the Dutch-speakingLow Countries before 1800. It originated as a unit of lordship under thefeudal system during theMiddle Ages. The English equivalents aremanor,seigniory andlordship.[2] The German equivalent isHerrschaft. Theheerlijkheid system was the Dutch version ofmanorialism that prevailed in the Low Countries and was the precursor to the modernmunicipality system in the Netherlands andFlemish Belgium.[3][4]

Characteristics and types

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Titles of Jacob Jan, Lord of Wassenaar (1765)

A typicalheerlijkheid manor consisted of a village and the surrounding lands extending out for a kilometre or so. Taking 18th-centuryWassenaar as an example of a largehoge heerlijkheid, it was 3,612morgens in size and had 297 houses. NearbyVoorschoten was 1,538 morgens in size and had 201 houses.Nootdorp was anambachtsheerlijkheid of 196 morgens and 58 houses.[5] There were 517heerlijkheden in the province of Holland in the 18th century. All fell into the last three categories in the list below (except for a few for which this information is unknown).

Not allheerlijkheden were the same. They differed in size and composition.[6] Also, aheerlijkheid should not be confused with a larger territory, like acounty (graafschap) orviscounty (burggraafschap), nor with administrative regions on par with an Englishshire, Dutchgouw, GermanGau, or Roman or Carolingianpagus. A Flemishcastellany (kasselrij orburggraafschap) was larger and different from aheerlijkheid, but they were similar in some ways.[7]

There were different kinds ofheerlijkheid:

  • erfheerlijkheid — a specifically hereditaryfeudal barony. Depending on the County and era,heerlijkheiden could be hereditary or non-hereditary, and inherited either by the eldest male descendant, all male descendants in the male line in shares, or later by a female descendant where there was no son.
  • hoge heerlijkheid — a great barony or ‘honour’, either afief orallodium. In these large lordships, the lord had jurisdiction to appoint a bailiff (baljuw) instead of just a reeve (schout), and to administer capital punishment. Depending on the county, it was possible for aheerlijkheid to be both prescriptive (vrij) and large (hoge). The largest were actually mini-counties within the county.[6]
    • vrijheerlijkheid — an allod or allodium.[8] Theseheerlijkheden were a subset ofhoge heerlijkheiden, because of the sweeping powers held by thevrijheer, and were often found at the edges of a county. They were called 'free' (vrij) because they wereallodial instead of afief held by an overlord.[6]
  • ambacht orambachtsheerlijkheid — aserjeanty, often located inland rather than on the borders. Serjeanties sometimes consisted of nothing more than a castle and a few hectares of land, although most were larger than this.[6] The serjeant did not have the power of 'pit and gallows', i.e., the power to impose the death penalty.
  • schoutsambt — a reeveland, the territory under the charge of a reeve (schout), thus equivalent to the jurisdiction of aheerlijkheid

Lord of the manor (heer)

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Unico Wilhelm van Wassenaer-Obdam as painted by George de Marees

The central figure was the lord of theheerlijkheid and effectively its owner—themanorial lord orlady. In Dutch, the lord was calledheer and the ladyvrouw(e). The lord was also referred to by the Latin worddominus. A rarer English alternative isseigneur.[9] There were different kinds of lord and lady:

  • vrijheer andvrijvrouwe (literally, 'free lord' and 'free lady') — allodial lord or allodiary, tenant of an allodial lordship.
  • erfheer anderfvrouwe (literally, 'hereditary lord' and 'hereditary lady') —feudal baron or mesne lord, tenant of a fiefdom.
  • baanderheer (literally, ‘knight banneret’) — tenant byknight-service; some lords used this title when their noble line was ancient and therefore superior to other nobles
  • ambachtsheer — tenant byserjeanty (ambacht orambachtsheerlijkheid).

Under the feudal system, a manorial lord typically was himself thevassal of a higher-rankingtenant-in-chief, usually a highborn noble, who was in turn the crown vassal of theking oremperor. However, sometimes there was nomesne tenancy (tussenliggende heerschappij), as was the case with knight's fees heldin capite (rijksonmiddellijke heerlijkheid). Theheerlijkheid was ruled directly by a count (graaf), a viscount (burggraaf) or a baron (baron). Also, it was not uncommon for the lord to be ecclesiastical, e.g. aprince-bishop (prins-bisschop) orprince-abbot (vorst-abt).

Originally,heerlijkheden were held exclusively by the nobility.[6] However, starting around the 16th century, lordship over aheerlijkheid was not synonymous with nobility. Aheerlijkheid could be bought and sold. Many ended up in the hands of wealthy merchants and a political class known as theregents.

In addition, many were bought byboroughs (burghs). In the 16th, 17th and 18th centuries, it was not unusual for a borough to purchase theheerlijkheden around it in order to gain control and ownership of the surrounding land and the resulting economic advantages. Boroughs were themselves not part of the manorial system: the countryside and villages were governed by lords, whereas boroughs were self-governing.

Feudal origins

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Theheerlijkheden came into being as a result of the feudal system, in particular the sovereign's delegated judicial prerogative. The crown, as lord paramount, granted the right to govern and to exercise judicial authority to a crown vassal, often a confidante or as a reward for military service or political support. The crown vassal—e.g. acount (graaf) orduke (hertog)—thus exercised all or part of the sovereign's royal authority. In turn the crown vassal granted rights to the mesne lords of theheerlijkheden.

Because afief (leen) originated out of a bond between vassal and lord for military service, vassalage (Dutchmanschap) was personal not heritable. With the advent of professional armies, the vassalage bond fell into disuse or was replaced byscutage; however, vassalage remained personal. One of the consequences of this was that, on the death of the vassal (leenman orvazal), the fiefescheated to the lord (leenheer). The vassal's heir was able to retain theheerlijkheid through thecommendation ceremony (leenhulde), the process of paying homage and swearing fealty officiated at the headmanor court (souveraine leenhof orleenkammer). The new vassal made a symbolic payment (leenverhef) to his lord. The same ceremony was held when aheerlijkheid manor was sold. If there was no direct descendant, other blood relatives could exercise their right oflaudatio parentum (Dunaderschap), which grants them aright of first refusal and explains howheerlijkheden were able to be kept in the same families for centuries.

Manorial rights

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The tenancy of aheerlijkheid is not to be confused with land ownership. It was anestate in land, not landper se. Although lords of the manor generally owned property within aheerlijkheid (often substantial amounts), it was possible for a lord not to own any property at all within his ownheerlijkheid. Also, when agricultural land was held by a lord in the Low Countries, the amount held was smaller in comparison to other countries.[10]

Lordship conferred a set of manorial rights. The wordheerlijkheid denotes an estate in which these limited rights were held and could be exercised. The rights exercised varied widely, and were more extensive and survived longer in the eastern provinces.[9] A manorial lord was able to function as a minor potentate within "his"heerlijkheid. However, his manorial rights were limited and subject to numerous restrictions.[10] The lord was required to conduct himself in accordance with local customary law.

  • Appointments: One of the most important manorial rights was the right to appoint bailiffs, reeves, aldermen, magistrates, schoolmasters, dike and polder officials, and so on.[9] A fee was paid by the recipients of these appointments. In particular, the lord was entitled to make the important appointment of theschout 'reeve'. The reeve was charged with local administrative, law enforcement, and prosecutorial duties. The lord's right to appoint this official was significant because it entailed the associated right to receive the profits fromamercements collected by the reeve from sentences and fines for minor and mid-level offences. (Higher fines were paid to officials appointed by a count or duke, i.e. the sheriff, called variouslyhoofdschout,hoofdmeier,drossaard oramman). The lord of the manor was entitled to act as reeve himself, but most lords delegated this duty by appointing someone else to the office.
  • Advowson: A lord might have a right to makeadvowsons, be they collative (collatie), presentative (gezag) or donative (agrement)[9] when it comes to instituting a parish priest or minister. As early as the high Middle Ages there were already disputes with ecclesiastical authorities over theusurpation of this right. After theReformation, the involvement of a lord in a minister's institution might similarly result in tension between the lord and his vassals, particularly in places where the lord was of a different faith than most of his fellow parishioners.
  • Manor house: Mostheerlijkheden had amanor house that served as thecaput, or 'capital messuage', of the lord, though not necessarily his permanent residence if he held multiple manors. There were sometimes grand homes with estates or even castles. (Some of these grand homes and castles still exist.)
  • Church: If a parochial church had been founded by a previous lord, the lord was considered to have his own church and enjoy the rights that went with that.
  • Coat of arms: A lord had his owncoat of arms, which was displayed in places like church pews and windows and carriages.[9] Many of these became municipal coats of arms.

Income from a heerlijkheid

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A lord was entitled to receive feudal incidents in the form of rents, levies, and other payments from various financial and property rights associated with aheerlijkheid:

  • Real burdens (onroerende belastingen): Any bonded or unfree feuar (cijnsplichtige) of the manor's dependent holdings was required to pay a yearly feu-duty (cijns orcijnsgeld), which is comparable to the payment of property taxes today.[7] The amount of thecijns was proportional to the size of the burdened land. Since the amount of thecijns was not tied to inflation, it remained negligible during most of this period.
  • Tenurial rents (pachtgelden): The largest revenue source for the lord of the manor was usually the leasehold rents fromtenant farmers working free peasant land.
  • Entry fine (pontpenning orwerfschilling): The lord of the manor was entitled to levy a fee of around 5% of the sales price when holdings or tenancies were conveyed.
  • Relief (keurmede): Usually the lord was entitled to levy a relief duty orheriot which was sometimes referred to in Dutch as therecht van de dode hand, or 'dead hand right'. This was an inheritance tax on a deceased tenant's estate that granted the privilege to an heir to succeed to the deceased's estate. The amount was usually in the order of 5% of the value of the real property. Sometimes the lord also had the right to take the deceased's best chattel (beste kateil/katell). Depending on the region, this was also referred to as the 'best beast' (beste hoofd), referring to the best animal in the herd, or the 'high chair' (hoogstoel), meaning the nicest piece of household furniture. Often there was also a special relief for the estate of a 'foreigner' (inwijkeling), that is, someone not born in theheerlijkheid, and illegitimate children.
  • Tolls (tolgelden):Tolls were charged to cross the borders of mostheerlijkheden. This was a kind ofroad toll (wegentol), but it also took the form of a charge on the transport of specific commodities (e.g. salt) or people.
  • Astrictions (banrechten): Tenants were required to make use of the infrastructure (mill, smith, oven, etc.) that was operated by the lord of the manor more or less as a business. A typical example of theseastrictions wasthirlage (banmolen): grain could only be ground at the lord's water mill or windmill. A toll, known as multure, for grinding corn at the manorial mill was paid to the lord (or to the miller who leased the mill from the lord).
  • Royal privileges (vorstelijke rechten): Royal privileges includedgame rights,hunting rights,wind rights (windrecht), piscary (visrecht), andmarket rights (marktrecht). These traditional rights were usually granted in fief to a vassal lord, who continued to maintain them.
  • Ecclesiastical privileges (kerkelijke rechten): In someheerlijkheden certain privileges that were in principle held by the church were absorbed by theheerlijkheid.Tithes might accrue to the feudal estate.
  • Fines (described in the previous part in the section on the appointment of theschout)
  • Quitrent (dienstgeld):[9] Released a tenant from services due by custom to his lord.
  • Appointment fee (referred to by Schama as theleenrecht): "The perquisite paid on appointment to office."[9]
  • Marriage and death duties: Marriage required the payment of a fee, the consent of the lord,merchet, etc. In some places in later years the lord would receive gifts onSt. Walpurga's Day instead.[9] On death a tax also had to be paid.[7]

Heerlijkheden and the nobility

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Originallyheerlijkheden were in the hands of thenobility. Much of the wealth of a noble family came from their ownership. Many members of the nobility were heavily dependent on this source of power, income and status. Because the surnames of noble families were often derived from aheerlijkheid (e.g. "vanWassenaer"), it was important for the prestige of the family to maintain ownership over it. However, the economic benefits of a heerlijkheid were not always certain, finances were not always well arranged, and some nobles were poor.[7][10]

In the province ofHolland, possession of aheerlijkheid was a prerequisite for admission to theridderschap (literally, the "knighthood"), the college of nobles that represented rural areas in the States of Holland. A seat in theridderschap provided access to various financially interesting honorary positions and offices.

It was not unusual for a noble to amass a number ofheerlijkheden.[6]King Willem-Alexander is a modern-day example of a nobleman who holds the titles to manyheerlijkheden. In addition to hisprimary titles, he is the Erf- en Vrijheer van Ameland, Heer van Borculo, Bredevoort, Lichtenvoorde, Het Loo, Geertruidenberg, Clundert, Zevenbergen, Hooge en Lage Zwaluwe, Naaldwijk, Polanen, Sint-Maartensdijk, Soest, Baarn, Ter Eem, Willemstad, Steenbergen, Montfort, Sankt Vith, Burgenbach, Daasburg, Niervaart, Turnhout en Besançon.

Starting around 1500, nobles began selling the rights toheerlijkheden to non-nobles; however, losing aheerlijkheid did not result in loss of noble status. Thenobility were recognised by all as having a special status not attached to wealth or ownership of aheerlijkheid.

Heerlijkheden and the rise of a new nobility

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In the southern provinces (modern-dayBelgium) the financial character of aheerlijkheid was accentuated by the Royal Edict of 8 May 1664. From then on, a noble title was granted only if the following minimum payment was obtained from the income of the feudal estate.

  • for abarony (baronie): 6,000 guilders;
  • for acounty (graafschap) or marquisate (markizaat): 12,000 guilders;
  • for aduchy (hertogdom) or principality (prinsdom): 24,000 guilders.

In the southern provinces, this edict ensured the financial stability of the most prominentheerlijkheden and resulted in the rise of a new nobility based on wealth.

Starting around the 16th century, lordship over aheerlijkheid was not synonymous with nobility. Aheerlijkheid could be bought and sold. Many ended up in the hands of wealthy merchants and a small and exclusive political class known as theregents. In all the provinces the military obligations associated with a fief gradually died out so that by the 16th and 17th centuries theheerlijkheid was increasingly seen by non-nobles as a status symbol.

Successful merchants and regents from the large towns saw theheerlijkheid as a country residence and a means of giving the appearance of noble status. It often came with large tracts of land and a castle or manor house. In noble fashion, they then added the name of theirheerlijkheid to their own surname, resulting in surnames like Deutz van Assendelft, Six van Oterleek, Pompe van Meerdervoort and Beelaerts van Blokland). (The word "van" in the surname meant "of". However, very few Dutch surnames with "van" have their origins in the ownership of aheerlijkheid.) They became what J.L. Price refers to as a "quasi-nobility". Aheerlijkheid was also a source of income and an investment, but they were usually acquired for other reasons.[10]

In the Netherlands, acquiring the rights toheerlijkheden did not confer noble status. The regent families who purchasedheerlijkheden were not a true nobility, but by the early 19th century the ranks of the nobility had become so depleted that the Dutch king elevated certain members of the former regent class to noble status.)[10]

Abolition

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In the southern provinces (modern-dayBelgium)heerlijkheden and the associated rights were abolished after the French invasion of 1795. In the northern provinces (modern-dayNetherlands) they were declared abolished around the same time as part of the inauguration of theBatavian Republic. This was formalised in the 1798 Batavian Constitution (Bataafsche Staatsregeling). A distinction was made between the feudal rights of appointment and patronage, which were completely abolished, and the income-related rights, which were more complicated. Some of these were feudal in nature and abolished. Others were similar to contractual or property rights and therefore their loss was compensable. Lordly claims for reparations flooded in. Someheerlijkheid rights were maintained or later restored as property rights and still exist today.[9]

The overwhelming majority of the remaining rights disappeared in Belgium on the introduction of the 1830 constitution and in the Netherlands with the 1848 constitutional amendments. Most of the administrative functions of aheerlijkheid were transferred to themunicipality and fell under the new Municipality Act (Gemeentewet). Responsibility for the manor courts and judicial system were taken over by the national government.

After this, the use of the title "Lord of..." is based on the ownership of the remaining non-abolished rights. To this day there are people in the Netherlands who use the title "Lord of...". Unlike in the U.K., there is no trade today in 'lord of the manor' titles.

Heerlijkheid manors

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Sign outside of former side of Heemstede Castle

What remains of theheerlijkheid system are many of the manors andcastles. Most of them are now parts of estates, museums, parks, hotels, etc. Since the lastheerlijkheid was seen over 200 years ago, many of the manor houses and castles have been rebuilt, or have been fully or partially demolished.

A sign erected at the remaining parts of theSlot Heemstede (now in a park) describes what happened to this particular manor. The history and fate of this manor are typical:

On this spot stood Heemstede House or Castle. It was first built by Dirk van Hoylede in 1280, who came from the Vlaardingen area. The ambachtsheerlijkheid of Heemstede was enfeoffed to him by Count Floris V. From then on Dirk van Hoylede and his descendants used the surname 'van Heemstede'. The house was destroyed a couple of times and then rebuilt. In 1620 Amsterdam merchant (and later Grand Pensionary) Adriaen Pauw purchased the heerlijkheid, including its dilapidated castle. After restoration and embellishment, it became a Renaissance summer mansion. As the negotiator for the States of Holland, he played an important role in the 1648 Peace of Munster that ended the Eighty Year War with Spain. As a memorial to this, he replaced the wooden access bridge with the Vredesbrug or Pons Pacis ('Peace Bridge'). By 1811, the house had become dilapidated again, at which time it was demolished with the exception of the 1640 'Nederhuys' ('Lower House'), consisting of the current Old Mansion, the Peace Bridge and the Dove Gate. The form and measurements (40x25 meter) of the island on which you now stand are identical to the plan for the 1645 mansion.

See also

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Notes

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  1. ^Brabantia illustrata
  2. ^Van Dale.Groot Woordenboek Nederlands Engels.. The translation used by J.L. Price inDutch Society 1588-1713 is "manor"; by David Nicholas inMedieval Flanders is "seigneury".
  3. ^The unreferrenced information in this article has been translated from the mostly unfootnoted article on "heerlijkheid" on the Dutch version of Wikipedia.
  4. ^Much of the unreferrenced information in this article is found at this website:Heerlijkheden van Holland (in Dutch only)
  5. ^Heerlijkheden van Holland (in Dutch only)
  6. ^abcdefAntheun Janse, "Een in zichzelf verdeeld rijk".Geschiedenis van Holland (Deel 1: tot 1572).pp. 70-102
  7. ^abcdDavid Nicholas.Medieval Flanders. pp. 47, 50, 88, 106, 159, 341
  8. ^I.M. Calisch and N.S. Calisch.Nieuw Woordenboek der Nederlandsche Taal 1864.
  9. ^abcdefghiSimon Schama (1992).Patriots & Liberators. Fontana Press.ISBN 9780006861560. pp. 75-77, 212, 222, 429, 470-472
  10. ^abcdeJ.L. Price.Dutch Society 1588-1713. pp. 174, 211, 212

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