Jews and Anti-Jewish Rules in the Czech Codification of Church
Law of 1349

J 2023

Jews and Anti-Jewish Rules in the Czech Codification of Church Law of 1349

ŠMÍDOVÁ MALÁROVÁ, Lenka

Basic information

Original name

Jews and Anti-Jewish Rules in the Czech Codification of Church Law of 1349

Authors

ŠMÍDOVÁ MALÁROVÁ, Lenka (203 Czech Republic, guarantor, belonging to the institution)

Edition

Journal on European History of Law, United Kingdom, STS Science Centre Ltd. 2023, 2042-6402

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Czech Republic

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Web nakladatele

RIV identification code

RIV/00216224:14220/23:00132744

Organization unit

Faculty of Law

Keywords in English

Archbishop Ernst of Pardubice; canon law; codification; Czech lands; ecclesiastical law; ecumenical councils; Jews; Middle Ages; Prague; Roman law; Statuta provinicialia Arnesti

Abstract

V originále

The first codification of church law in the territory of the historically Czech lands, known as the provincial statutes of Ernst of Pardubice (Statuta provinicialia Arnesti), was issued in 1349, with validity for the entire Prague archdiocese. The Statute applied not only to the clerical and lay population, but also to Jews, for whom special rules and restrictions applied. The regulation of the legal and social life of the Jewish population is explicitly dealt with in three provisions (Articles 66-68), which mainly regulate the contact of Jews with Christians and their rights and obligations in public. Many of these prohibitions and regulations are based on papal decrees approved by the ecumenical councils, the text of which was reflected in the Decretals of Gregory IX and subsequently in the Mainz Statutes of Peter of Aspelt of 1310. The roots of these restrictions, however, in most cases go back to antiquity. This concerns, for example, the prohibition on hiring Christian nurses, midwives and servants; Jews were also not allowed to participate in public life, to build new synagogues or to improve existing ones. These measures were introduced by the Roman Emperor Theodosius II as part of the gradual process of Christianization of the Eastern Roman Empire. Although the legal provisions of the provincial statutes of Ernst of Pardubice imposed many restrictions on the Jews, this fact, on the other hand, was to some extent counterbalanced by protective provisions that prohibited laymen and Christian clergy from disturbing Jewish religious rites, destroying their graves, and arbitrarily punishing them without the existence of a relevant legal title.

Citovat

ŠMÍDOVÁ MALÁROVÁ, Lenka. Jews and Anti-Jewish Rules in the Czech Codification of Church Law of 1349. Journal on European History of Law. United Kingdom: STS Science Centre Ltd., 2023, vol. 14, No 2, p. 78-81. ISSN 2042-6402.

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   author = {Šmídová Malárová, Lenka},
   article_location = {United Kingdom},
   article_number = {2},
   keywords = {Archbishop Ernst of Pardubice; canon law; codification; Czech lands; ecclesiastical law; ecumenical councils; Jews; Middle Ages; Prague; Roman law; Statuta provinicialia Arnesti},
   language = {eng},
   issn = {2042-6402},
   journal = {Journal on European History of Law},
   title = {Jews and Anti-Jewish Rules in the Czech Codification of Church Law of 1349},
   url = {http://www.historyoflaw.eu/english/journal_on_european_history_of_law.html},
   volume = {14},
   year = {2023}
}

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KW  - Archbishop Ernst of Pardubice
KW  - canon law
KW  - codification
KW  - Czech lands
KW  - ecclesiastical law
KW  - ecumenical councils
KW  - Jews
KW  - Middle Ages
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KW  - Roman law
KW  - Statuta provinicialia Arnesti
UR  - http://www.historyoflaw.eu/english/journal_on_european_history_of_law.html
N2  - The first codification of church law in the territory of the historically Czech lands, known as the provincial statutes of Ernst of Pardubice (Statuta provinicialia Arnesti), was issued in 1349, with validity for the entire Prague archdiocese. The Statute applied not only to the clerical and lay population, but also to Jews, for whom special rules and restrictions applied. The regulation of the legal and social life of the Jewish population is explicitly dealt with in three provisions (Articles 66-68), which mainly regulate the contact of Jews with Christians and their rights and obligations in public. Many of these prohibitions and regulations are based on papal decrees approved by the ecumenical councils, the text of which was reflected in the Decretals of Gregory IX and subsequently in the Mainz Statutes of Peter of Aspelt of 1310. The roots of these restrictions, however, in most cases go back to antiquity. This concerns, for example, the prohibition on hiring Christian nurses, midwives and servants; Jews were also not allowed to participate in public life, to build new synagogues or to improve existing ones. These measures were introduced by the Roman Emperor Theodosius II as part of the gradual process of Christianization of the Eastern Roman Empire. Although the legal provisions of the provincial statutes of Ernst of Pardubice imposed many restrictions on the Jews, this fact, on the other hand, was to some extent counterbalanced by protective provisions that prohibited laymen and Christian clergy from disturbing Jewish religious rites, destroying their graves, and arbitrarily punishing them without the existence of a relevant legal title.
ER  -

ŠMÍDOVÁ MALÁROVÁ, Lenka. Jews and Anti-Jewish Rules in the Czech Codification of Church Law of 1349. \textit{Journal on European History of Law}. United Kingdom: STS Science Centre Ltd., 2023, vol.~14, No~2, p.~78-81. ISSN~2042-6402.

Detailed Information on Publication Record