Historický ústav akademie věd České republiky, v. v. i.

ČESKÝ ČASOPIS HISTORICKÝ | THE CZECH HISTORICAL REVIEW
ročník 118
č. 3/2020

s. 593-860



STUDIE | STUDIES

NODL Martin
Sexuální morálka a královská autorita … s. 599
(Sexual Morality and Royal Authority)

The study is devoted to the issue of legal codifications of the Bohemian king Charles IV and the Polish king Casimir III the Great from the perspective of their sexual moral regulation in the form of punishment for the crimes of kidnapping and rape. In it, the author examines in a comparative way the connection of both legal norms to earlier legal customs, their relation to public law initiative, to archaic legal customs and to the social conditionality of the punishment of both sexual crimes.

Keywords: Sexuality – Rape – Charles IV – Casimir III – Legal history

RESUMÉ
The legal codifications of the Bohemian king Charles IV and the Polish king Casimir III the Great represent one of the main elements in building a modern sovereign monarchy in the middle of the 14th century. Both rulers approached this modernization in their own way. This is quite surprisingly reflected in their efforts to regulate sexual morality in the form of punishing the crimes of kidnapping and rape. In this case, which went beyond the contours of canon law, both kings responded to earlier legal norms. Some of them were rejected; others confirmed; in certain respects, they came up with new proposals. A comparative view of the two codifications, of which Casimir’s was conceived in a more systematic way, came to the surprising conclusion that there were significant differences between the Czech and Polish milieus in the case of the punishment of moral crimes. The largest of these lies in the fact that the Polish king almost completely resigned from the criminal law initiative and left both the investigation of the crimes of kidnapping and rape and, above all, their punishment in the private sphere. However, in this way, Casimir denied the earlier legal customs, as they are reflected in the Oldest Collection of Polish Laws, which on the contrary advocated a state “modern” public-law initiative in the case of these crimes. The same is true for the legal norms issued at the end of the 14th century in Mazovia, which also oppose the private law initiative. Charles IV unequivocally sought to ensure that in the case of these crimes, both the investigation and the imposition of punishments lay on the side of the monarch and his judiciary. The differences between the Bohemian and Polish milieus also prevailed in terms of the penalties imposed. In the 14th century, the Bohemian legal milieu had no idea of socially graduated punishments, as evidenced not only by the Maiestas Carolina, but also the law books from the 14th and beginning of the 15th centuries, and imposed the death penalty as the only possible punishment. On the contrary, the archaic legal norm, the Oldest Collection of Polish Laws, is consistently based on socially graduated punishment, and in this respect, it is also followed by the Mazovian codes. Even in this respect, however, Casimir III. opposed earlier legal customs, with the sole exception of the right of subjects to testify and the right to move out of the village if their feudal lord raped a woman from the given locality. However, from his point of view, the sentence no longer depended on the social origin of the criminal and the defamed woman. However, neither in the case of abduction nor even in the case of rape did Casimir’s order provide for the death penalty.
Translation by Sean Miller


BOČEK Martin – KOZÁK Vratislav
Po kolejích do nového světa: Emigrace z habsburské monarchie tzv. Jižní cestou … s. 619
(Across the Tracks into a New World: Emigration from the Habsburg Monarchy through the so-called Southern Way)

The study deals with the issue of emigration from the Habsburg monarchy in connection with the use of railways as a means of transport. Specifically, it focuses on the analysis of large-scale emigration from the Habsburg monar-chy and the construction of a railway connection from Vienna to the south of the Danube monarchy – namely to Trieste. Due to the advancement of sea transport, a large number of migrants headed for the USA, especially at the turn of the 19th and 20th centuries, followed this railway line while traveling to the port. The two historical phenomena are closely related because the dynamic technological and socio-cultural development in the second half of the 19th century provided sufficient space for the ever-increasing migration of the population until the outbreak of the First World War in 1914.

Keywords: Southern Railway – Emigration – Habsburg Monarchy – Emigration routes – Trieste

RESUMÉ
Emigration from the Habsburg monarchy in the second half of the 19th century became more and more frequent and the issue of transporting a large number of people became critical and relevant. Liberal laws, the demand for labor overseas, the high birth rate, the local crisis, and the desire for a change in everyday lives have led a large number of Europeans, the Habsburg monarchy citizens included, to a crucial decision to emigrate overseas. The development of emigration was also closely linked to technological progress and has become a commercial interest of many entrepreneurs. While most shipping companies have focused primarily on the transport of emigrants and profit, the railways have become more of a natural means of logistics used extensively by emigrants. Railway transport in the Habsburg monarchy was largely under state control and, thanks to this, underwent organized dynamic development in the second half of the 19th century. It is obvious that at the turn of the 19th and 20th centuries, when society had already undergone considerable technological evolution, it was not entirely common, even for the less affluent inhabitants, to travel to ports from a greater distance on foot. Due to the existence of the Southern Railway and its connection to the most important port of the Habsburg monarchy, i.e. Trieste, it became very useful to use this southern link in the context of emigration. The extensive railway network, its interconnection, and functioning within the then monarchy also played a role.
This article then aims to analyze the emigration from the Habsburg monarchy and logistics, i.e. specifically the construction of the Southern Railway and its subsequent numerous usage by emigrants. The construction itself was not an easy task and its course is well illustrated and documented by the monarchy’s readiness for a similarly fundamental project through inspiration abroad, through difficult negotiations and tracing to the final opening of the new railway. Despite the relatively large attention that has recently been paid to the issue of emigration, it is not possible to find a comprehensive work on the use of the Southern Railway by emigrants, and this study is intended to contribute to both the history of emigration and the history of rail transport.


HLAVAČKA Milan
Zemská samospráva a veřejné zdravotnictví. Diskuse o platech lékařů a správních úředníků veřejných nemocnic v Čechách na přelomu 19. a 20. století … s. 639
(The Land Self-Government and Public Healthcare: A Discussion on the Salaries of Physicians and Administrative Officials of Public Hospitals in Bohemia at the Turn of the 20th Century)

Attempts of physicians of public general hospitals to significantly profile their own financial and other rewards in society can be registered at the turn of the 20th century. The difference as compared to today only lies in that physicians and their professional organisations use for that distinctly more effective coercive events (the threat to move abroad to work or use strikes in which the patients become the hostages of the doctors) than was the case more than one hundred years ago. The attending personnel have re-mained marginalised in these disputes today just like before. The difference between today’s and earlier debates is, however, far more striking, or tenser, because then only the authoritative voice was of only one subject, and that was the land commission of the Kingdom of Bohemia, which was entirely nonpartisan, as it defended the interests of both patients and physicians, regardless of their national or other affiliation. Now the voice of the Ministry of Health is only a defensive answer to the demands of doctors.

Keywords: Self-government of the Bohemian Kingdom – General public hospitals – Salaries of physicians

RESUMÉ
The role of the land self-government in the field of healthcare was quite extraordinary, as in the creation of the transport infrastructure of the land of the lower order in the second half of the 19th century. Just as in the formation of the entire self-governing system, the imperial and Cisleithania legislation determined the legal framework of the entire system, so the individual lands had the opportunity to elaborate special land laws for the given area. The liberal-leaning laws from the 1860s to the 1880s also marked a fundamental qualitative change in the area of poverty and healthcare. The higher purpose of this transformation was to achieve an across-the-board system of care for all, thus including the poor, the sick, the terminally ill and the mentally ill. This new system did not take on synergistic efficiency until the 1880s with the elaboration and approval of imperial (and, in part, also land) legislation regarding the establishment of social and sickness insurance. In addition to municipal, district and land budgets, the introduction of health insurance provided a significant and, above all, long-term source of funding for the healthcare system also for the poorer classes of the population.
The emergence of an across-the-board system of publicly available and more or less inexpensive hospital care in the form of the mass establishment of municipal and district public hospitals brought two fundamental changes to physicians and the founding entities of hospitals not only in Bohemia. Physicians in public hospitals of first efficiency class were so busy that they stopped having time to run the private surgeries that had fed them until then, and were increasingly tied to hospitals and their patients. This transformation in the role of the hospital physician was accelerated at the end of the 19th century by the influx of patients into general public hospitals, whose patient care was constantly improving. However, it presented the physicians themselves with the question of liquidating their own surgeries in favour of service in hospitals. The decisive influence on their decision was the new categorization of public hospitals associated with a fundamental increase in physicians’ salaries in 1907.
The second change regarding the administration of public hospitals matured at the same time, but its solution was not implemented until later. It lay in deciding whether the operation of general public hospitals, which for various reasons (advancement in medicine, new instrumentation, opening of new fields) increased expensiveness, would be able to continue to be financed by the original founding entities of these hospitals, which were municipal and district self-governments. The resolution of this problem was sought already before 1914/1918 in so-called “landing” of district hospitals, i.e. in the transfer of these hospitals to the land self-government, which already at that time financially covered the salaries of physicians, hospital payments for medicines and homeless, property-less patients. However, the full “generality and publicity” of hospitals could only be completed in this respect when the land which had hitherto built across-the-board public hospital care only through self-government acquired its own state and could therefore decide on the funding of these institutions completely independently and only with regard to for their own needs.
Translation by Sean Miler


DISKUSE | DISCUSSION

PRCHLÍK Ivan
Kosmův praotec Boemus nebyl Kelt: Několik poznámek k otázce, zda nejstarší český kronikář mohl být inspirován Liviem … s. 670
(Cosmas’ Forefather Boemus Was No Celt: Some Notes on Whether the Eldest Czech Chronicler Could Have Been Inspired by Livy)

In the paper the thesis spread by some amateur historians that the Czech chronicler Cosmas of Prague knew Livy’s description of the (legendary) beginnings of Celtic migration, and thus in his own description of arrival of the forefather Boemus and his train in their new home country Livy’s figure of Segovesus is transformed into this forefather, is proved completely unsubstantiated. The general possibility that Cosmas knew the first decade of Livy is, however, further tested, because, somewhat surprisingly, some of the manuscripts preserved today theoretically could have been within Cosmas’ reach sometimes during his lifetime when he went abroad. The possibility, however, that he indeed read Livy (and thus became an exception to the rule for his times) cannot be supported in any way, some observations even effectively discredit it.

Keywords: Czech mythical history – Early Czech history – Segovesus – Cosmas’ itinerary – Manuscripts of Livy’s first decade – Cosmas’ classical erudition – Celtic migration – Celts in the Czech lands – Boiohaemum

RESUMÉ
A thesis which probably at the very first glance appears absurd enough even to non-specialists is spread by some amateur historians. Indeed, they want us to believe that the Czech chronicler Cosmas of Prague knew Livy’s description of the (legendary) beginnings of Celtic migration, and thus in his own description of arrival of the forefather Boemus and his train in their new home country Livy’s figure of Segovesus is transformed into this forefather. Since, however, their argument builds upon an explicit claim that Livy himself reported the expedition of Segovesus to have passed along the river Ogara and reached the Rif mountain (identified with the river Ohře and the Říp mountain) while Livy in fact does not even specify that the expedition has materialized, and neither Ogara nor Rif thus can be found anywhere at all in his voluminous writing, this thesis can be easily proved completely unsubstantiated.
Some of the partisans of the thesis in question, however, make do with the claim, also wrong, that according to Livy Segovesus reached the Hercynian Forest. As already pointed out, Livy mentions nothing more than Segovesus’ having been allotted this destination. An erroneous inference is also made that the original Latin name of Cosmas’ forefather, Boemus, makes clear Cosmas knew of his Boian origin, although Livy identifies only Segovesus’ uncle as Biturigian and gives no clue at all concerning Segovesus himself. At the same time, Livy and other ancient authors are claimed to have been well-known to Cosmas and his contemporaries and the allusion to Segovesus on the part of the former is therefore variously related to the description of arrival of the forefather on the part of the latter. Testing the question whether Cosmas really could have been familiar with the relevant, namely the first, decade of Livy thus can either once for all prove this thesis mistaken or justify its being further examined.
Somewhat surprisingly, with the first finding the possibility that Cosmas read the first decade cannot be excluded. During his lifetime some of the manuscripts preserved today theoretically could have been within his reach: one in Verona where the Mediceus very probably was present in the relevant period and Cosmas probably spent some time there, one in Bamberg where the Bambergensis or another unknown manuscript is pretty certain to have been present at least some hundred years after if only a conceivable sojourn of Cosmas, and one in Mainz where the Harleianus or its model can be as justly thought to have been present as Cosmas can be supposed to have visited the city.
Concerning, therefore, any kind of echoes of Livy in Cosmas’ chronicle, only one episode known from the first decade is reflected, at least once, if not twice. The episode in question, describing the manner in which the city of Gabii was subjugated by Sextus Tarquinius, can, however, be very well surmised to have attracted an interest of florilegists and in any case has also been taken over by Florus. Yet neither of these sources, in themselves more likely than the first decade of Livy to have been quarried by Cosmas, can be definitely preferred, since no florilegium extant in Cosmas’ lifetime is known to have contained extracts from Livy and no manuscript of Florus to have been within his reach.
Whatever could be considered another possible echo of the first decade in Cosmas, can indeed be better explained otherwise. Further, no specific piece of knowledge presented by Cosmas can be traced to the first decade of Livy, rather contrariwise, the fashion in which he treats the figures of Romulus and Remus hardly reveals reader of Livy, much rather that of Orosius. Thus the above mentioned subjugation of Gabii, possibly explicable otherwise as well, remains the only item to argue for the possibility that Cosmas himself read the first decade of Livy. Due to this fact, however, given how virtually non-existent is any trace of knowledge of Livy on part of Cosmas’ contemporaries, what kind of deed it were to read the whole decade through, and how frequently Cosmas echoed the classical authors he can be supposed indeed to have read, the possibility that he read Livy as well must once more be treated as unsubstantiated.
Finally, another false opinion referred to above must be corrected. Cosmas could not have any knowledge of the origin of the terms Boemia or Boemi and their relation to the Boii, since neither one of the three ancient sources introducing the term Boiohaemum was known in Cosmas’ times. Speculations on the conditions in the Czech basin towards the end of the period before the Common Era presented by one of the above mentioned amateur historians only follow his own misinformedness and perplexing application of some known historical dates. To close the discussion, the doubts of modern historians about the very historicity of the figure of Segovesus are, even if only briefly, recalled.


OBZORY LITERATURY | REVIEW ARTICLES AND REVIEWS

Recenzní článek

František ŠMAHEL
Trojí Francie, galikanismus a husitské Čechy … s. 697
(Triple France, Gallicanism and Hussite Bohemia)

At the time of the Hundred Years’ War and the Hussite Revolution, France was divided into three power zones, the territory controlled by the King of the Valois family, the Duchy of Burgundy and the western part occupied by England. All three parties took hostile positions in relation to the representatives of the reform movement led by Jan Hus, the subsequent revolutionary upheavals and the policy of the Utraquist King George of Poděbrady. Olivier Marin cleverly divided his work into three parts. The first is mainly of a diplomatic-political nature, because it analyses the attitudes of the French court and the high clergy to the tumultuous events in Bohemia from the end of the first decade of the 15th century until the conclusion of the Council of Basel. The second part focuses on doctrinal contradictions, their sources, the method of argumentation and the main controversial issues. It is only in the final third section that the reception of the Hussites in France comes into play, both in terms of available information and isolated expressions of sympathy.
In an effort to enliven the debate without intending to find a definitive solution, Olivier Marin considers it useful to reconsider the three following trends in current historiography. First of all, according to him, the Hussites are considered to be the beginning of the Reformation cycle, when its counterweight in the form of the Roman Catholic Counter-Reformation arose ex nihilo only as a reaction to the Lutheran Reformation. However, was the sheer number of anti-Hussite treatises, some of which are presented in the appendices in many manuscript copies, not sufficient evidence of premature counter-reformation? Second, in his opinion, the concept that the Church systematically and consciously overestimated the dangers of heresies is even less sustainable. Just as the church underestimated the Waldensian ecumenism, so it later closed its eyes to the military superiority of the Hussite troops and preferred “ostrich” politics (sticking one’s head in the sand) to the dangers of the Hussite schism. Third, Olivier Marin does not agree with the methodology for qualification of medieval heresies that can be found in contemporary French medieval studies. Using the example of Hussite Calixtinism, he then refuses, put simply, to equate heresy with anti-clericalism. Instead of anti-clericalism, it would be appropriate to speak of “anti-sacerdotalism”, i.e. the rejection of the necessary mediation of the priest between God and ordinary believers.
Without reservations, it is possible to place this monograph by Olivier Marin among the most valuable works of foreign authors dealing with Hussitism, not only for its exemplary processing of the material, but also by conceptual overlaps with the deeper social and ideological streams of the 14th to 16th centuries. Moreover, thanks to this revealing and stylistically attractive book, it has again become clear that Hussitism was not just a matter of the Czech lands or the neighbouring lands.

Keywords: Hussite Bohemia – France in the 15th century – Gallicanism – Council of Constance ‒ Council of Basel – Georg of Poděbrady


Martin NODL
„Dějiny pod dohledem.“ Polské dějiny dějepisectví v letech 1945–1990. Přehled bádání posledního dvacetiletí … s. 712
(„History under Oversight.“ Polish History of Historiography in 1945–1990: An Overview of Research from the Last Twenty Years)

The overview of the research reflects the contributions of Polish historiography in the last twenty years devoted to the history of Polish historiography in the period 1945–1989. Attention is paid to institutional history, the interference of state security in academic institutions, the forms of the censorship of historical works, the biographistics of Polish historians and the comparative works that try to reveal the place of Polish historiography in the European historiography of the second half of the 20th century.

Keywords: Poland 1945–1989 – History of historiography – Marxism


Ivo CERMAN
Nad knihou o Židech a českém nacionalismu … s. 725
(On a Book about the Jews and Czech Nationalism)

The review article discusses the new collective work on the history of the Jews in the Bohemian Lands, which has been written by a Czech-American-German team. Its achievements are assessed within the context of recent historiography on the Jews in the Bohemian lands. The review reveals flaws in the chapters on early modern history and intentional manipulations of facts plus anti-Czech bias in the chapters on the 20th century. The reviewer argues that this interpretation imitates the way US historians are writing about Central Europe. This book aims to strengthen the xenophobic stereotypes about East-European peoples.

Keywords: Historiography – Jews – Eastern Europe – Czechoslovakia – Antisemitism


RECENZE

Jan HRDINA – Kateřina JÍŠOVÁ (eds.)
Městský farní kostel v českých zemích ve středověku … s. 751
(Martin Čechura)

Jan KVĚTINA
Mýtus republiky. Identita a politický diskurz raněnovověké polské šlechty … s. 757
(Michal Téra)

Svatava RAKOVÁ
Město na hoře. Sen a svět Johna Winthropa (1630–1640) … s. 760
(Markéta Křížová)

Matthieu MAGNE
Princes de Bohême: les Clary-Aldringen à l‘épreuve des révolutions (1748–1848) … s. 763
(Milena Lenderová)

Barbora PÁSZTOROVÁ
Metternich a německá otázka v letech 1840–1848 … s. 765
(Lukáš Fasora )

Martin ZÜCKERT – Heidi HEIN-KIRCHER (eds.)
Migration and Landscape Transformation. Changes in Central and Eastern Europe in the 19th and 20th Century … s. 767
(Eva Semotanová)

Jaroslav HRDLIČKA – Jan Blahoslav LÁŠEK (edd.)
Paměti Vlastimila Kybala. Díl II … s. 771
(Jaroslav Pánek)

Markéta FORMANOVÁ – Zdeněk KUCHYŇKA – Elisabeth WALSH-SPÁČILOVÁ – David FUCHS
Ztracené dioráma. Příběh unikátního československého exponátu na Světové výstavě v New Yorku v roce 1939 / The lost diorama. The story of a unique Czechoslovak exhibit at the 1939 world´s fair in New York City … s. 775
(Tomáš Korbel)

James Mace WARD
Jozef Tiso. Kněz, politik, kolaborant … s. 777
(Jan Rychlík)

Monika MANDELÍČKOVÁ
Historie v exilu. Československá exilová historiografie v letech 1948–1989 … s. 782
(Tomáš Pánek)

Klára PINEROVÁ
Do konce života. Političtí vězni padesátých let – trauma, adaptace, identita … s. 787
(Lucie Šmídová)

Jan RANDÁK 
V záři rudého kalicha. Politika dějin a husitská tradice v Československu 1948–1956 … s. 789
(Jaroslav Šebek)

Alfredo LAUDIERO
La Primavera di Praga e le sue stagioni. Storia e storie … s. 793
(Jitka Máchalová)

Šimona LÖWENSTEIN (ed.)
Evropská civilizace a její problémy, I–II. Jubilejní sborník pro Bedřicha Loewensteina / Die europäische Zivilisation und ihre Probleme, I–II. Festschrift für Bedřich Loewenstein … s. 797
(Kristina Kaiserová)


Zprávy o literatuře … s. 801


Z VĚDECKÉHO ŽIVOTA | CHRONICLE

Nekrolog

Eva Broklová (6. března 1939 – 10. března 2020)
(Josef Tomeš) … s. 830

Vladimír Wolf (4. února 1942 – 23. prosince 2019)
(Martin Šandera) … s. 838

Knihy a časopisy došlé redakci … s. 842

Výtahy z českých časopisů a sborníků … s. 842