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The Regulation of Land Court concerning settling of Bohemian crown subsidiary lands' inhabitants in Bohemia from year 1617 : A contribution to the normative competence of the Bohemian's High Land Court and to the informative potential of Land tables

Publication at Faculty of Law |
2016

Abstract

In the year 1603 Jan Bernard Baron of Fünfkirchen, an Austrian nobleman, bought Bohemian manors Mladá Vožice and Šelmberk. Because of the Bohemian Land Law prohibiting the selling of Land table estates to foreigners, Jan Bernard had to formally gain Bohemian residential right.

As the possessor of Silesian manor, he did not have to be admitted by the Land Diet, but it was sufficient for him to seal "reverse to the Land" and perform the related oath declaration. In year 1617, he asked the Land table office for the extract of table entry of this declaration.

There was found out that a table registrar accepted his subscription fee indeed, but in fact he did not execute that. So Jan Bernard had to declare to the Land again.

The High Land Court formulated on this occasion a new general resolution concerning the settling of new inhabitants of subsidiary lands of the Bohemian Crown in Bohemia. This resolution served only as an internal regulation for the Land table officers.

Nevertheless, it represented a significant intervention in legal practice concerning the legal institute of residential right, which became an object of relatively intensive normative interests of Land Diets at the beginning of the 17th century.