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PL
The formation of Gratian’s Decretum as an example of the vitality of Roman law Gratian’s Decretum was one of the most significant legal collections in the history of canon law and was the foundation of canon law science. It was compiled in about 1140 as the consequence of many important factors. Firstly, the creation of Gratian’s Decretum was the result of various trends appearing in the history of canon law. Secondly, Decretum was an answer to the changes taking place in the Catholic Church in the 11th and 12th centuries. Finally, the formation of Gratian’s collection was related to the revival of Roman law: the teaching of Irnerius’s work recovered Roman law and the relations between canon and Roman law. Decretum became a sign of the vitality of Roman law and the beginning of canon law. The importance of Gratian’s work consisted in the method of proceeding with legal sources. The new method resulted from both scholars’ achievements and those of medieval Roman jurists.
EN
This article deals with the views of Cosmas of Prague, the first Czech chronicler, on the role of the Church and its relations with the laymen. The Chronicle of the Czechs contains discreet but harsh critics against the so-called Gregorian Reform and its proponents. However, the dean of the Prague chapter shared with the latter the claim for a stronger independence of the Church and a clearer division between the religious and the secular worlds. Indeed, the chronicler criticized some of the bishops of Prague because they were mostly the servants of the Přemyslid princes at the expense of their episcopal duties. Moreover, he showed the damages caused by prelates who shared the way of life and the values of laymen, especially those who were from the Ducal dynasty. The Chronicle of the Czechs is also a mirror for the prelates of Prague and thus draws the portrayal of the ideal bishop, a figure embodied by Otto of Bamberg. This contribution is then aimed to show that the Chronicle is also a precious source of the Czech views on the major changes that occurred during the 11th and early 12th centuries in Latin Christianity. From Prague, the claims of Rome seemed quite absurd, but the Czech Churchmen shared the ideals of their Western contemporaries and were searching for a way to adapt them to the local situation and to put them into practice.
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2017
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vol. 15
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issue 2
23-35
PL
Primarily, Gratian is known as the author of the Concordia discordantium canonum and is regarded as the “Father of Canon Law” and the most famous canonist. In the title of the Decretum he included an idea which accompanied him during his work: it was reconciliation and coordination of inconsistent canons. As a lecturer of the School of the Law in Bologne he knew how important cohesion in law was and as a follower of the Gregorian Reform he knew, too, how important the Canon Law was in the dispute between imperium and sacerdotium. Both factions, i.e., the Holy Roman Emperor and the Pope, in their right argumentation, appealed to the recognized authorities and the law. Both needed the law itself internally consistent as a source of these arguments. These issues, as mentioned in the title, are discussed by the author of the present article.
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