Maiestas Carolina












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            By Jan Boukal


            Before Charles IV, the kings Přemysl Ottokar II and Wenceslas II had already made their at
            codification of the land law. However, these attempts were in vain as their were heavily o

            aristocrats who had no intention to allow the sovereign to curb their authority. The first
            thus, should be Codex Carolinus, now incorrectly called Maiestas Carolina. The name Maiest
            though commonly used these days, was first used as late as 1617 in the version published b

            indicated by the name, the main initiator of the code was Charles IV. We don’t know for su
            started working on the draft, together with his counselors. The idea probably rooted in hi

            was ill in Bohemia between 1350 and 1352. As for the names of his collaborators, we can on
            probably they included his future chancellor John of Středa, or Assistant Bishop of Olomou
            chancellor and Archbishop of Magdeburg, Dietrich of Portitz (Kagelwit). Around 1353, the f

            already made, allegedly approved by leading Czech aristocrats at some of the land assembli
            However, there was strong opposition after Charles IV had returned from his imperial coron
            in 1355, and presented the second version of the code to the Czech aristocracy. When it be

            the Czech lords wouldn’t attach their seals to Charles’s code, he wanted to avoid the offi
            so he invented a story that the code had burned, and so there would be no further discussi
            This alleged burning of the code was mentioned in a document Charles issued on October 6, 

            sovereign and the aristocrats should stick to the old legal customs. But in fact, there wa
            to Charles’s text, and in the late Middle Ages, it was copied several times and translated
            original Latin form, the code has preserved in four complete copies and two incomplete man

            In making of the code, Charles probably took inspiration from the code issued by Emperor F
            in Melfi, Italy, in 1231. Charles’s code consists of 109 sections. The way its parts are a
            indicates that it wasn’t the final version of the text. This is, for example, proven by th

            follows the first group of sections, focused on the Christian faith and persecution of her
            sections aim at strengthening of the royal power. Charles was very unhappy that during the
            father John, most royal towns and castles were pawned to the Czech aristocracy. The king s

            his pillars of power away, which is why the Maiestas contains the specific list of towns a
            should always belong the property of the Kings of Bohemia, and another list of property th
            pawned temporarily. This part is followed by chapters on administration and justice, maint

            rule of law in the country, defense of the country, management of royal forests, reversion
            of the aristocracy, and sexual ethics. The aristocrats probably primarily opposed to the f
            should have been under the authority of royal “legal supervisors”, whose task was to see t

            maintained in the land. Also they certainly didn’t like the sections on public offices, wh
            be inherited, and it was forbidden to sell or pawn them. And the reversionary right was on
            King of Bohemia, which certainly didn’t please the aristocracy either. Also important are 

            code focused on the Bohemian queens. The relevant sections promised them timely coronation
            the queens-widows to marry aristocrats, unless they gave up the inherited property and lef
            These provisions no doubt reflected on the remarriages of queens-widows Viola of Teschen a

            Richeza. In addition, Maiestas forbad trials by ordeal using water or iron, and cruel puni
            eye poking or cutting of noses or limbs.


            Maiestas Carolina belongs to the top results of the Charles’s statecraft, and the struggle
            code is the proof of the King’s extraordinary interest in legal matters. Even though the c
            effective, it was referred to as the aid for “finding justice” during the entire late Midd


            Bibliography:
            BOBKOVÁ, Lenka – BARTLOVÁ, Milena. Velké dějiny zemí koruny české IVa. Praha: Paseka, 2003

            Karel IV. Státnické dílo. Richard MAŠEK – Marie BLÁHOVÁ. Praha: Karolinum, 2003.
            NODL, Martin. Maiestas Carolina. In: ŠMAHEL, František – BOBKOVÁ, Lenka (eds.). Lucemburko
            uprostřed Evropy. Praha: NLN, 2012, 243–244.

            NODL, Martin. Maiestas Carolina. Kritické postřehy k pramenům, vyhlášení a „odvolání" Karl
            Studia Mediaevalia Bohemica 1 (2009), č. 1, s. 21–36.