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PHJ № 1 (33) 2022 — P. Krafl. MEDIEVAL CATHOLIC ECCLESIASTICAL JUSTICE AS ILLUSTRATED BY CZECH DIOCESES IN THE PRE-HUSSITE PERIOD

The Catholic Church created an extensive system of law, which regulated various aspects of its activities and operation and the Church’s relationship to secular powers (canon law). The endeavour to enforce the observance of ecclesiastical laws and punish their violation led to the establishment of a judicial system. This study looks at the formation and nature of ecclesiastical justice within the territory of the Bohemian Lands: in Bohemia and Moravia. The Prague ecclesiastical province was situated within their territory, comprising the dioceses of Prague, Olomouc and Litomyšl. During the High Middle Ages, archdeacons ran archdeaconries, which were districts within a diocese. They had particular jurisdiction in areas of matrimonial law and matters of usury. Their importance declined in the 14th century. From the mid‑13th century, the dioceses formed central judicial bodies. It was at this time that the office of Official was created within the Diocese of Olomouc. The same office had been created within the Diocese of Prague by the end of that century. Additionally, the Vicar general (vicarius in spiritualibus) also had jurisdiction in the Diocese of Prague, and the specific office of Corrector was also established. Appeals from the metropolitan court were made to the Roman Rota Apostolic Court. Papal judges, so-called Conservators of laws, operated within diocese territories, ensuring the protection of ecclesiastical institutions (monasteries, chapters, churches, universities) from their enemies through court processes. Episcopal inquisition was replaced by papal inquisition, with the Holy See appointing an inquisitor, who acted within a diocese. Within Bohemia, a procedural guide was produced by Mikuláš Puchník. Bohemian reformist theologians in the early 15th century criticised the system of ecclesiastical justice, in particular its corruption and the fact that its judges were not impartial. Hussite theologians rejected the theory of evidence within the canonical process. Eventually, Jan Hus declared that the Law of God was the primary law, overriding all legislation, including ecclesiastical laws. This led to his rejection of ecclesiastical justice, appealing to Christ from the papal court where he was put on trial.