Nařízení českého zemského soudu o usazování obyvatel vedlejších korunních zemí v Čechách z roku 1617
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 Kingdom of Bohemia’s High Land Court and to the informative potential of Land tables

Summary/Abstract: In 1603 in Bohemia there settled Jan Bernard Baron of Fünfkirchen, an Austriannobleman, who bought manors Mladá Vožice and Šelmberk from Jáchym Španovský ofLisov. Because of the Bohemian Land Law prohibiting the selling of Land table estates toforeigners, Jan Bernard had to formally gain Bohemian residential right (incolatus). Theforeigners were chartered this right of entry by the Land Diet, but Jan Bernard was notin legal terms a true foreigner because he had formerly gained some property in Silesiaas a subsidiary land of the Bohemian Crown. That is why he did not have to pass the entranceprocedure, but it was sufficient for him to seal so called „reverse to the Land“ andperform its declaration at the Land table office. In year 1617 Jan Bernard asked the Landtable office for the extract of table entry (intabulation) of his declaration to the land. Inconsequence of this there was found out that a table registrar Daniel Kryštof Chrudimskýaccepted his subscription fee indeed, but in fact he did not execute that. So the Baronof Fünfkirchen had to declare to the Land again and the High Land Court formulatedon this occasion a new general resolution concerning the settling of new inhabitants ofsubsidiary lands of the Bohemian Crown in Bohemia which should have prevented similarmistakes in the following times. This resolution was addressed to Land table officersthough and therefore it was not juridical in this respect but only served as an internalregulation. Nevertheless, it represented a significant intervention in legal practice whichwas concerning the legal institute of residential right and became an object of relativelyintensive normative interests of Land Diets at the beginning of the 17th century.

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