Odúmrť na poddanských statcích Litomyšlského biskupství
Escheat on the Serf Estates of the Litomyšl Bishopric

Summary/Abstract: One issue in the law of succession is the institute of escheat. In the study, the author deals with escheat in relation to seignorial law with regard to villages owned by the bishopric in Litomyšl. An overview of developments regarding feudal escheat in the Czech lands is briefly outlined and attempts to abolish escheat are described. In the event that a family died out at a farmhouse, escheat fell to the manorial lords. Only the son of a farmer was entitled to the farm, not the daughter or widow, or any other relative. Escheat rights were a source of profit for the manorial lords, who sold the escheat farmhouses. In the 15th century, some noble lords waived the right of escheat in their estates in exchange for a sum of money, allowing their subjects to freely bequeath property in the form of a will. The question became live during the pre-Hussite period thanks to the church owners of estates. The issue was opened by Prague archbishop Jan of Jenštejn (1378-1395/1396), who had the intention of ensuring the blanket abolition of escheat on the archbishop‘s estates. However, he failed in his efforts. The question lived on in the minds of church representatives, as indicated by four documents issued in favour of subjects from 1406 to 1407 by Bishop of Olomouc Lacek of Kravaře, Archbishop of Prague Zbyněk Zajíc of Házmburk, and Bishop of Litomyšl Jan Železný. The synodal sermon given by Jan Hus in 1407 also played a role. Bishop of Litomyšl Jan Železný (1388/1389-1416) issued a generally-formulated document for municipalities owned by the Litomyšl bishopric at the end of October 1407. In 1412, Jan Železný issued two new privileges, this time including a specific list of the municipalities and villages concerned. The formulation of all three documents indicates the strong critical attitude of the bishop towards the institution of escheat, which he considered to be unlawful, contrary to God‘s law, canon law, and human rights. A critical edition of two previously unpublished documents by Bishop Jan Železný is attached at the end of the study.

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