History of state and law of foreign countries. Czech Republic under Habsburg rule. Czech law (most important)

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History of state and law of foreign countries. Czech Republic under Habsburg rule. Czech law (most important)

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Czech Republic under the rule of the Habsburgs. Czech law

This stage in the history of the Czech Republic is marked 1526 BC - accession to the throne of the Czech king Ferdinand Habsburg. Upon accession to the throne, he made a solemn promise to preserve in the Czech Republic the rights and privileges of its estates, its institutions, including local diets, ancient customs, etc. The new king did not keep any of them. The country, especially the cities, were burdened with new taxes, religious tolerance was replaced by severe persecution of Protestants, urban privileges were limited, national Czech state institutions were made dependent on the king and his administration. German nobles, merchants and officials strengthened their positions. General dissatisfaction with politics Ferdinand turned into rebellion 1547 BC, which failed due to the antagonism of the estates, the direct betrayal of the pans and lords, the cowardice of the urban patriciate. Suppressing the rebellion Ferdinand took away from the cities the last remnants of their former privileges and land holdings. The Czech throne was declared a hereditary possession of the Habsburgs.

All the most significant collections of medieval Czech law are private.

Among private codifications are known:

1) The book of the old master from Rosemberg (240 articles), which tells about the rules of legal proceedings in the pansky court;

2) "Row of Zemstvo Law" (93 articles), including many essential norms of old Czech law and procedure (XIV century.)

3) "An Interpretation of Czech Law by Pan Andrej of Duba" (1400 BC) and etc.

Meanwhile, the most complete is the codification of the outstanding Czech lawyer Quiz Cornelisz, called "Nine books on the rights of the Czech land" (1507 BC).

In the Czech Republic, special systems of law, in addition to zemstvo, constituted urban law, mining law, rural law, etc. Zemstvo books (“zemstvo boards”), where decisions of the zemstvo court in criminal and civil cases were recorded, were also among the sources of Czech law. These decisions had the force of precedent. Dwelling on the trial in the zemstvo court, it should be noted that in order to start a legal case, for example, about a murder, it was necessary to make an oral statement to the authorities, give the name of the killer and demand an investigation. At the trial, the plaintiff (the accuser) spoke first. He first asked permission to have a lawyer. The latter, in turn, asked that two lords be appointed, who would "whisper" advice in his ear and in the plaintiff's ear during the proceedings. The same was then done by the defendant (accused) and the defendant's lawyer. The defendant had to provide evidence of innocence. The burden of proof was on him. If his arguments were unconvincing, a duel was scheduled. But first, the parties had to take an oath, and the one who strayed lost the case. The nobles fought in "kaftans and underwear, with swords and shields"; peasants and townspeople, who did not have the right to bear arms, fought with sticks. Fighters could rest three times, each time for an hour. The winner cut off the head of the vanquished. The defendant, who did not dare to fight, had to go into exile. If the defendant referred to the fact that he had killed while defending himself, a special competition was appointed: kneeling and each holding the half of the caftan, the plaintiff and the defendant had to hit "half on the floor" so as not to miss. The one who missed lost the case. If the defendant failed to appear in court three times, the plaintiff could kill him. The plaintiff, however, had to leave revenge until another time if he found the defendant at his wife and she covered her husband with her clothes. When the victim had no male relatives, it was allowed for the wife or daughter of the victim to fight with the defendant (the custom gave the woman some significant advantages).

Author: Selyanin A.V.

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