Ferdinandovo zřízení zemské? Porovnání českých zemských zřízení z let 1500 a 1549

Abstract

This paper focuses on the comparison of two crucial legal codes of the Bohemian land law of the first half of the 16th century, i.e., Land Constitution of Vladislav enacted in the year 1500 (in Czech Vladislavské zřízení zemské) and Land Constitution of 1549. The aim is to answer the question whether it is possible to perceive Land Constitution of 1549 in the same way as it is understood by the majority of the current historiography, meaning whether Land Constitution of 1549 is only redaction of Land Constitution of Vladislav. The paper shall concentrate on the issue if there is a reason to reconsider the general view on this matter. It may be established that these legal codes are relatively independent works due to their dissimilarities as they differ significantly in their origin, authors, historical context, central ideas, and structure. In general, the distribution of power is a key aspect of forming the law, which applies not only to the early modern period, and this idea is reflected in the structure and content of both these codifications. The paper focuses on the comparison of the various aspects of Land Constitution of Vladislav and Land Constitution of 1549. The core of the comparison is analysis of a number of key articles about, e.g., the relationship between the monarch and the estates, the distribution of power in the state, the functioning of the basic institutions of the early modern state, and of selected areas of private and public law.