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Content available remote Římské právo v provinciálních statutech Arnošta z Pardubic z roku 1349
Ernst‘s provincial statutes from 1349 present a relatively broad spectrum of Roman law rules and regulations. The greatest most significant and most distinctive degrees of conformity are encountered in legal regulations pertaining to matrimonial law, in provisions focused on the legal position of the Jews, in an article on damages caused by four-legged animals, and in interpretative provisions. Certain parallels with Roman law sources are also apparent in the systematics of the statutes and mainly in the titles of individual articles. In these cases, however, the identity similarity is only formal, because the factual nature of these provisions is different in most cases. The presence of the individual effects of individual Roman law effects, whether in their formal or contextual aspects, cannot be attributed to Ernst of Pardubice himself. Although undoubtedly familiar with the Roman law, he proceeded was based in the from regulations of the canon law, strictly adhering to them in the compilation of these provincial statutes.
Content available remote Libri erectionum pražské arcidiecéze a jejich ediční zpřístupnění
The elevation of the Prague bishopric to an archbishopric in 1344 was reflected in the clerical work of the Prague consistory and the archiepiscopal office. One of the significant changes concerned the introduction of specialized record books. Most of them have survived: especially the socalled Libri confirmationum, which recorded the nominations of clerics to benefices, i.e. court files from the vicar general’s court records; and the so-called Libri erectionum, which recorded foundations and donations. Records of the clergy correctors and of the ordinations granted have also survived to a lesser extent. These books attracted the attention of historians and were edited relatively early with varying degrees of completeness. As regards to the Libri erectionum, 14 volumes are deposited in the archives of the Prague Metropolitan Chapter.
Materials for studying the history of collegiate chapters, i.e. church institutions that started to emerge in Bohemia alongside secular clergy and monasteries in the 11th century, are greatly unbalanced. We have an extremely well-preserved archive from the Vyšehrad Chapter, one of the oldest established by the prince and later first King of Bohemia Vratislaus II, but conversely there are chapters about which we know very little. As a result, we can only systematically study the development, administration, material provisioning, spiritual aspects, and public activities of specific Bohemian collegiate chapters.
This article reacts to the discussion about the significance of legal terminology in medieval Czech law. It deals with the problematic property law term hereditas in medieval sources, especially in texts that fall into the land law (zemské právo, Landrecht). The article is critical of the opinion that the term hereditas had an unambiguous, defined meaning that delineated free ownership of allodial property within the land law. Instead, this article attempts to highlight the fact property law terminology remained undefined for the entire medieval period and the meaning of individual terms developed from the broader legal, social, and economic contexts.
The article examines the surviving written sources of economic content or relevance related to the Medieval Friars Minors on the territory of present day Czech Republic, which covers the core lands of the Bohemian crown in the Middle Ages, i.e. Bohemia and Moravia. Starting with the Order’s initions and its idealistic attitude towards poverty and the refusal of material goods, it gives then an overview of the most fundamental internal regulations and external, merely Papal decisions on the treatment of money, land and goods as means of ensuring the economic survival and success of the Europewide proliferated Order. The following section provides a brief review of the historiography dealing with the economic practice of the friars, preceeded by a summary of their provincial organization and distribution of settlements. This is followed by a methodological discussion of the relationship between activies of economic relevance, their categorization in terms of economic weight as well as content and the chance of their tradition. Then, the author discusses the most important sources and source collections (published or not) which attribute significantly to the investigation of the Friar’s economic activies; this part of the study aims to provide the basis for an inventory of sources still to come. In the last paragraph, some of the most meaningfull sources, namely the urban books of Brno, the charter book of the Order’s double monastery of Cheb/Eger, and the scattered documentation on the Prague double monastery are presented in order to exemplify goals and limits of present and future examination and pathes of interpretation; these examples demonstrate the wide range of investigation, oscillating between a one-dimensional evaluation of a specific type of source and the bundling of multiple evidences taken from a broad variety of sources, each of them characterized by its own validity; taking the relatively poor tradition of many Franciscan houses into account, the article finally intends argues to adopt an laborious inter-textual approach for gaining at least to some extend a ‘holistic’ picture where researchers have to deal with a lack of a premium source traditions and, otherwise, to integrate the analysis of surviving serial sources into a wider frame of inter-institutional comparisons in order to assess the relative weight of specific economic transcations of one individual Franciscan house.
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