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Foreigners and fellow citizens

Publication at Faculty of Law |
2018

Abstract

Today, if Europe is struggling with a migratory issue, it is not a matter of realizing that it is a new form of the old problem. As elsewhere, even in Bohemia, the distinction between "home" and foreigners has its ancient roots, and has traditionally been the focus of legal norms.

Obviously, the most sensitive dimension of immigration was originally the establishment of foreign nobility, which could potentially impede the sphere of influence of domestic aristocratic families. That is why, at the time of the reign of John of Luxembourg, the first attempt to regulate immigration and the legal anchoring of civil law is starting to appear (later the Latin term "incolate" was used in administrative practice and literature).

Although the settling of foreigners in the Czech Republic was not, and could not be, completely excluded, if they wanted to become a deiure of Bohemia, they had to undergo a formalized process in the course of which they were granted Czech citizenship law. The ruler played an important role in this process, but the decisive word was won by the Estates and the granting of incolate became one of the important powers of the Landtag.

Unfortunately, Czech historiography has not yet reached a comprehensive elaboration of in-school issues. The author tries to fill in this white space partly on the basis of many years of research, while focusing on the so-called pre-White Mountain period (1526-1620).

Obviously, it is based on an analysis of normative sources that were bound to the civil law, but it does not avoid uncovering the real administrative processes by which the relevant standards have been fulfilled. An important part of the book is also a list of individual families, whose members were admitted to the inhabitants in Bohemia, supplemented with basic information about their actual presence on the land of the Czech Crown.