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and of
the miserable one hide (“aratrum”) of land to the Benedictine monastery at
Ostrov by “Detricus” of the same grouping do not suffice to indicate property
dif-ferentiation within the Vrsovci lineage(?), though the “conical clan”
character may well be expected in their case. However, we do possess a
testimony of unusual clarity concerning property relations within such
groupings, a testimony which, though it has been recorded at the beginning of
the 13th Century some 60 kilometres north of our present-day frontier in
Silesia, is so close to our own Situation that it is highly relevant and is
worth quoting in full here: “Si quicquam possideo, quod avus meus et pater
michi in possessionem reliquerunt, hoc est meum verum patrimonium. Hoc si
cuiquam vendidero, heredes mei habent potestatem iure nostro requirendi. Sed
quam* cumque possessionem mihi dominus dux pro meo servicio vel gratia
donaverit, illam vendo eciam invitis amicis meis, cuicunque voluero, quia in
tali possessione non habent heredes mei ius requirendi” (Ksi^ga Henrykowska,
or the chronicle of the monastery of Henryköw/Heinrichau, Silesia: Grodecki
1949 Liber 1.8 p. 280 1. 86). The text clearly refers to a right of blood
relatives to property inherited from the ancestors, a right which applied
even in cases that the estate had been alienated as it operated on the
principle that all members of a given kinship group are entitled to a share
in the group’s landed property. In Bohemia, the right of revindication of
landed property sold among relatives of the male line within one year and one
day of the transfer of it is recognized by the “Ordo judicii terrae” law code
of the I4th Century (JireZek 1870, 198—255, cf. §§ Id—11 on pp. 240—241). In
our sources, this principle of the essential inalienability of landed
property belonging to one single kinship group (apparently related to the
“retrait lignager” of French historical sources, cf. for instance Duby 1953,
263) may be observed since the 12th Century. In fact, even the Nemoj’s very
early donation to the Vysehrad chapter of canons (year 1100) was
sub-sequently seized by secular owners but this could be a case of
confiscation of the Vrsovci property after 1108 (CDB 7: 100, pp. 105—106, on
further transfers of these lands until the 80’s of 12th Century cf. CDB 1:288
pp. 253 — 254). A clause prohibiting any vindications of relatives, however,
is included in the text of the noble Miro-slav’s donation to the Cistercian
monastery of Sedlec of 1142-1148 {CDB 1: 155, 157 : 5). Other allusions to
this principle are with a high degree of probability contained in some of the
Charters concerning the Benedictine house of Kladruby and written between
1158 and 1173 (PraZäk 1958, esp. p. 133 and the table between pp. 144 and
145, as well as CDB 1:268 on p. 237). Subsequently, Charters concerning
somewhat turbulent fates of some of the dona-tions given to the Cistercian
abbey of Plasy over the end of 12th and first quarter of 13th Century attest
to such practices abundantly (CDB I: 343 pp. 309—310, year 1193; CDB 1: 344
pp. 310-311, year 1192-1193; CDB 7:406, 439:27-30, year 1187?; CDB 7:399,
414:3-4, end of 12th Century; CDB II: 125 pp. 113—114, year 1216; CDB 77: 187
pp. 172-174, year 1219; CDB 77: 258, 248 : 18-20, year 1224; CDBTI:3\6,
312:25-28, year 1228), in addition to other materials from the same age. Such
property revindications could even be subsequently lega-lized including
written confirmations; this is the case of |
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villages
donated to the Maltese knightly Order by a gentle* man named Mesek and later
seized back by his brother Hroznata (CDB I : 320 p. 293). This evidence
covers testi-monies of seizures of already alienated goods (cspecially
concerning donations to Church institutions to the written records of which
we must be grateful for documentation of this practice), property held in
indivision by a group of relatives (which is not exactly the same as “retrait
lig-nager”; on indivision and its historical role cf. now, for instance, Duby
1988, 98—100) and sanctions against persons intending to seize already
alienated property. Wherever more particular references to such usurpers turn
up, they invariably designate agnatic or cognatic relatives (brothers,
nephews, specifically male, wives, children or generally “cognati” or
“propinqui”). I think that we may conclude with reasonable probability that
in early medieval Bohemia, birth within a certain group of relatives entitled
the respective individuals to shares in the property of such groups. |
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The
evidence available now does not suffice for an exact determination of the
nature of the social groups under consideration here. Both the data referred
to above (e.g. the importance of ancestor figures) and the fact that lincages
rather than clans tend to be operative in everyday life (on these questions
in general e.g. Ebrey - Watson 1986, 5—6) suggest the Identification of our
groupings as lineages (on clans in general cf. now Bonte 1987, esp. p. 8, on
the role of kinship in societies on their way to statehood Maiseis 1987, esp.
pp. 336—337). The distinc-tion among “well-born” and commoner lineages(?) is
virtually impossible in our sources though even commoners could hold land, as
is evidenced, for instance, by the laws of Conrad Otto of 1189 (CDB II: 325,
330: 13, the ex-pressed reference to a “nobilis“ as against “aliquis, cuius
est villa”)- Other indications point to the role of kinship in property
transactions in a different manner. It can be demonstrated that not
infrequently, alienations of property followed instances in which the holders
lost hopes of emergence of their own progeny. In these cases, they either
entrusted their holdings to the dukes (CDB 1: 245, 215 : 19—22, years
1158—1169 — “post decessum uxoris”) or transferred them to ecclesiastical
institutions (CDB I: 155, 157:4—5, years 1142—1148 — “deficiente in linea
filiorum herede”, or CDB 1: 358, 326 : 14—18 on Blessed Hroznata, founder of
the Tepla chapter of Premonstraten-sians who remained without a son). The
above cited passage mentioning the “inheritor in the filial line” cm*
phasizes the patrilinearity of these groupings. Of course, the male household
heads were obliged to provide for their mothers, wives and daughters. One of
the manners in which this was done and which may be documented in our sources
was the transfer of dowry upon marrying out daughters. Married women clearly
disposed of their dowries in the course of their wifely lives (e.g. Prazäk
1958, 150—151, years 1158—1166) while widows could have been provided for by
an unspecified form of levirate practices. In 1149, the pope Eugene III
responded to enquiries sent to him by Jindfich (Henry) Zdik, bishop of
Olomouc, saying, among other things, that no one is allowed to marry the wife
of his own cousin after his death (Bistfickp - Pojsi 1982, p. 137, on the
originality of this text considered by G. Friedrich, editor of CDB, |
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