Spory o čest ve středověku a raném novověku:
Gespeichert in:
Format: | Buch |
---|---|
Sprache: | Czech |
Veröffentlicht: |
Brno
Matice Moravská
2010
|
Ausgabe: | Vyd. 1. |
Schriftenreihe: | Edice Země a kultura ve Střední Evropě
16 |
Schlagworte: | |
Online-Zugang: | Inhaltsverzeichnis Abstract |
Beschreibung: | Zsfassung d. Beitr. in engl. Sprache |
Beschreibung: | 254 S. Ill. |
ISBN: | 9788086488745 |
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Datensatz im Suchindex
_version_ | 1804145686951755776 |
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adam_text | Obsah
Slovo úvodem (Tomáš Borovský, DaliborJaniš, Michaela Malaníková)
___7
I. Panovník a šlechta
Spór o honor pierwszych Piastów i ich miejsce wśród arystokracji
Rzeszy Przekaz Thietmara z Merseburga (Przemysław Wiszewski)
... 11
Súboj ako spôsob riešenia sporov o česť v stredovekom uhorskom
práve (Daniela
Dvořáková)
.......................................46
Čest a urozenost v mentalitě pozdně středověké šlechty
(Robert Novotný)
.................................................54
Delikt urážka na cti v českém a moravském zemském právu
Právní normy a právní praxe (Janajanišová)
......................69
II.
Města a venkov
Genderové aspekty sporů o čest ve středověku (Michaela Malaníková,
Tomáš Borovský)
................................................113
Urážka na cti v praxi komorního soudu Království českého
a městského soudu Starého Města pražského v první polovině
16.
století (Petr
Kreuz)...........................................127
Spory o čest kroměřížských měšťanu v
16.
století
Sonda do právních poměrů biskupského rezidenčního města
(DaliborJaniš)
..................................................151
Spory o čest v českých a moravských městech raného novověku
Sonda do pramenů královského města Brna a města Krupka
v Čechách (Hanajordánková, Ludmila Sulitková)
................171
Role cti ve sporech poddaných na příkladu pardubického panství
v
16.
a
17.
století (Tereza Siglová)
.................................186
III.
Místo závěru
„Čest je zrcadlo společnosti (Josef Válka)
.........................201
Seznam zkratek
......................................................222
Prameny a literatura
.................................................224
Seznam vyobrazení
..................................................242
Resumé
..............................................................245
Autoři
...............................................................253
Disputes
over Honour in the Middle Ages
and Early Modern Times
Resumé
The Problem of the Honour of the First
Piast
Rulers and Their Place
among
lhe
Aristocracy of the (Holy) Roman Empire:
The Chronicle of Bishop Thietmar of Merseburg
The main theme raised in the article is the perception of honour by the first rul¬
ers of the
Piast
dynasty (ca.
966-1025).
Here, honour is understood as a phenomenon
of social communication. Honour is a tool which has a clear aim: to gain respect for the
honour-bearer as a result of his proper behaviour according to the social role assigned
him by spectators. Due to the limited size of the text, the emphasis is laid on the ques¬
tion whether the early-eleventh-century bishop of Merseburg Thietmar, describing in his
chronicle the relationship between the rulers of the Empire and the Piasts, suggested a
use of concept or concepts of honour by the Piasts.
In the Chronicle of Thietmar the issues of honour relate mainly to the aristocracy of
the Empire. But he seems to suggest that the concept of honour, especially the honour
of a ruler , gained and strengthened its position as a specific value among the Piasts
(Mieszko I and
Bolesław
I the Brave) too. Initially, Mieszko I did accept a specific concept
of the honour of the Slavonic ruler imposed to him by the elites of the Empire, the core
of which was the opinion that Slavonic rulers always had to be lower in social hierarchy
than the magnates of the Empire. But Mieszko explained his own position to his entou¬
rage in different terms. There, the Mieszko s honour was to remain a free, powerful ruler,
completely unrestrained. That was the view which the local custom demanded from
him. And thus one can look at Mieszko s understanding of honour as purely pragmatic.
Bolesław
the Brave promoted a different, unified vision of his honour: for both foreign
and his elites he appeared as a ruler equal to the highest aristocracy or even the kings of
the Empire. For the imperial court it was crucial in a broader political context to impose
on the neighbours its own vision of their honour, which should be respected especially
in the relations with the ruler and the elites of the Empire. As
Knut Görich
pointed out,
when this did not succeed
-
as was the case of
Bolesław
the Brave
-,
any strange behaviour
of Slavonic rulers could lead to long-lasting conflicts, based on the misunderstanding or
refusal of the acceptance of the different visions of the ruler s honour.
This study leaves open for further research the issue of the
Piast
assimilation of
the concept of honour and its pragmatic use by Polish rulers. In the context of Piasts
246
Spory o čest ve středověku a raném novověku
relationship with the Empire, it seems natural that they included the idea of honour
to a set of signs
-
communications, the use of which has allowed them to be accepted
in the world of the imperial aristocracy. However, the use of this tool was an extremely
delicate task because the requirements of the latter group were not only diverse, but also
in a constant conflict with the
-
unfortunately very poorly documented
-
expectations
of the
Piast
subjects as to the attitude of their rulers. This could easily lead to a conflict,
the essence of which may have been related to wider political interests, both between
the Piasts and the Empire and between the Piasts and their subjects. However, behind
such disputes there was also the issue of the honour of a ruler, a ruler situated on the
border between the two, still very different worlds.
The Duel as a Means of the Resolution of Disputes over Honour in
Medieval Hungarian Law
The duel was an ordinary legal means in medieval Hungarian common law. Like in
the other parts of Europe, it was regarded as a kind of the trial by ordeal. When it was
impossible to ascertain the truth and do justice, God was expected to decide who was
in the right by means of the duel. In the medieval Kingdom of Hungary, the duel was
extraordinarily popular and remained a legitimate legal action even in the time when it
generally disappeared or was forbidden throughout Europe. In Hungary the duel began
to disappear only under Matthias Corvinus, who prohibited the duel with minor excep¬
tions in
1486.
Despite the prohibition, the duel probably continued even later, it was
recorded as late as the 16th century.
There were two types of the duel in Hungary. Among other sources, the I4th-century
collection of formulae by the anonymous notary of King Louis I reflects this fact. The
first type of duel took place regarding offences against honour (e.g. libel) and was fought
to the point of death
(adpunctum
mortis). It was impossible to refuse this kind of duel
and its participants had to fight on their own. The so-called duel on account of violence
(duellum facti potentiarit) had a similar form. These duels were not a means of reveal¬
ing the truth. They can be regarded as a punishment, even though they were a kind of
ordeal by God. The accused usually fought unarmed (or poorly armed) and naked (in
a tunic) against a fully equipped adversary.
Besides these duels, there existed common duels concerning those disputes between
two parties in which the accused party refused the accusation and insisted on their in¬
nocence. This kind of duel could solve any dispute. As a rule, the lives of the participants
were not at stake. The disputing parties were mostly substituted by professional fight¬
ers, so-called pugils. The contribution also deals with the concrete conditions under
which these fighters engaged in combat, with their reward, the ways of challenging
their opponents, the place and course of the duel as well as the cases of falsification of
the results.
Disputes over Honour in the Middle Ages and Early Modern Times
247
Honour and Noble Status in the Mentality of the Late Medieval
Nobility
The categories of honour and noble descent formed a complementary pair. When
the principle of biological heredity of noble descent gradually won recognition and
thus (at least in theory) noble status could not be acquired or lost, it was the term of
honour that became the dynamic element with which the quality and extent of nobility
could be expressed. While born noble, the noblemen had to defend and uphold their
honour. The effect of disciplination was strengthened by the fact that an individual was
regarded only as a temporary bearer of the honour of the whole family and thus was
responsible to the other generations, past and future. The disputes over honour, ignited
by the noble status or its quality, were the natural consequence of this perception. The
increase in their number and the variety of their types in the Jagiellonian period should
not be considered as a rising pride of nobility but as the logical result of the progress¬
ing
formali2ation
of the internal rules and mutual relationships within individual estate
corporations. Simultaneously, the noblemen could use these disputes for questioning the
legal and social status of their opponents, even though their actions in fact concealed dif¬
ferent motives, mostly concerning properties. By all means, the disputes were important
to the development of the noble estates, since their members were forced to define the
relevance of individual arguments to the assessment of family honour. And it was honour
which was the main indicator of the position of a family in society.
The Delict of Offence against Honour in Bohemian and Moravian
Provincial Law: Legal Norms and Practice
Bohemian and Moravian provincial laws protected honour to a large extent. The
procedural rules, jurisdiction and precise classification of the three types of the delicts
concerning the offence of nobleman s honour differed in the Kingdom of Bohemia from
Moravia. The honour of individual noblemen was important not only to himself but also
for the estates as a whole. Within the society of estates, theoretically, every nobleman
was entitled to take part in provincial diets and could even assist at provincial courts
under certain circumstances. Thus noblemen participated in the enactment of provin¬
cial laws and in the decisions which influenced the situation in the whole land. This is
why the manners and actions of the noblemen had to be irreproachable. As early as the
Middle Ages, appeals for active protection of one s own honour were made. Noblemen
were obliged to defend their honour against offences. If they did not actively defend
themselves, they woul have risked infamy and, by extension, expulsion from the nobility.
A number of extant legal regulations as well as concrete court cases prove that noblemen
really defended their honour in an active manner.
The Gender Aspects of Disputes over Honour in the Middle Ages
The authors focus on the gender determination of the category of honour, since
foreign research in this area as well as probes into the sources of domestic origin un¬
ambiguously indicate that it is the area of the offences against honour where different
conceptions of morality
of women and men are apparent. With regard to the absence of
ego-documents, though, the authors could not consider subjective differences between
248
Spory o čest ve středověku a raném novověku
the conceptions of honour by women and men. Thus, it was necessary to concentrate
on the outside level of the topic concerning the way of the perception of honour of
women and men in the municipal sources of normative and literary nature and the extent
of reflection of these differences in the everyday life of medieval society. The results of
this analysis can be summarized in several conclusions. As far as women are concerned,
honour is clearly related to the area of chastity; as to men, its conception is much wider, as
indicate e.g. the invective terms used in the relevant sources. The different construction of
honour of women and men in medieval towns chiefly resulted from the fact that women
did not have access to public posts, which substantially limited their participation in the
life of town communities; there was an apparent tendency to restrain womens activities
to private affairs. The narrow concept of female honour, almost exclusively related to
chastity, is a consequence of this restriction. The much wider perception of male honour
is based rather on moral attributes of character, manifested by the male citizens, and
defended in the town institutions, on a daily basis. The application of double standards
is clearly reflected, for instance, in the cases of prohibited sexual intercourses
-
women
were assessed much more severely.
The Offence against Honour in the Practice of the Chamber Court
of the Kingdom of Bohemia and the Municipal Court of the Old Town
of Prague in the First Half of the 16th Century
In the introduction the author presents a concise overview of the legal regulations
of accusation of dishonesty and other offences against honour in Bohemian provincial
and municipal law at the end of the 15 th and in the 16th century. In the first part the au¬
thor deals with the role of the offences against honour in the practice of the chamber
court in
1526-1547.
In this period the offences against honour played an important role;
defamation was not only the most frequent offence against honour but also the second
most frequent criminal offence (after disorderly conduct) at all. The appearance of the
delict of accusation of dishonesty was surprisingly common, with regard to the fact that
accusation of dishonesty was explicitly excluded from the competence of the court of
the chamber according to the resolution of the provincial diet of Bohemia in
1505.
In the second part, the author analyses the delicts against honour handled at the
municipal court of the Old Town of Prague (and the municipal court of the United Cit¬
ies of Prague in
1479-1531).
In the period under discussion, the delicts against honour
appeared in more than one tenth of all trials, which corresponded to about one third of
criminal cases. Among the delicts against honour, accusation of dishonesty was predomi¬
nant. As accusation of dishonesty were usually handled offensive statements and (even
if rather seldom) also offensive behaviour or legal actions. Accusations of dishonesty
were quite successful: in more than two fifths of the cases the municipal court found the
defendant guilty, whereas in approximately the same number of cases the accused party
was vindicated. The other frequent delict against honour was defamation. The sentences
concerning offences against honour which were passed in Prague in the analyzed period
considerably corresponded to the rules contained in Koldin s Book of Law published
few decades later
(1579),
that is, an apology was pronounced and a short-term prison
sentence was imposed. As to the punishment of the delict of defamation, however, the
fine (or compensation for court costs) recorded in Koldin s Book of Law does not appear
in the sources of the aforementioned period.
Disputes over Honour in the Middle Ages and Early Modern Times
249
The article concludes with an attempt to specify the share of the delicts against hon¬
our in the practice of the courts with land-wide competence and municipal courts in the
Kingdom of Bohemia in the Late Middle Ages and Early Modern Times
( 1471 -1620).
The Disputes over Honour of the Citizens of
Kroměříž
in the 16th
Century: A Probe into the Legal Affairs of the Episcopal Residential
Town
The disputes over honour in the town environment in the period after the White
Mountain were substantially influenced by the fragmentation of municipal law into in¬
dividual areas and non-existence of a firm normative basis. Thus, the cases concerning
honour must be analyzed on the basis of the relevant judicial sources of the individual
towns. The so-called mayor s books are significant in this regard, since they contain the
records regarding the practice of the so-called mayor s court. This court was run by the
mayor, sometimes together with other persons of the municipal council.
An example of a mayor s book, which enables the analysis of the disputes over hon¬
our in the environment of a non-royal town, is so-called Oderyk s Register. This source
contains disputes of the years
1558-1560
and
1563-1564,
when
Petr Oderyk
was the
mayor in
Kroměříž.
This mayor s book is an exceptional source to the history of the
town of
Kroměříž
in the pre-White-Mountain period, since the other documents of the
municipal archive were destroyed after
1643.
Oderyk s Register contains
382
individual
records. Approximately
280
records (almost three fourths of the total) regard disputes
over debts and obligations resulting from hostage-holding, out of which more than
20
concern various property matters (compensation for damage, etc.). Less then
70
cases
involve disputes over honour,
10
cases regard offences against life and health (various
injuries),
7
cases concern theft; adultery is extraordinary (only one explicit case, other
cases are unclear). The records of disputes over honour regularly contain the informa¬
tion about the beginning of the suit and its subject. The majority of the cases concern
verbal offences, often connected with physical assault. The disputes usually ended in
reconciliation of the parties, in a number of cases, however, the form of the resolution
is not extant. At a general level, the accounts of the disputes over honour in the mayor s
book of
Kroměříž
correspond with the relevant practice recorded in the mayor s books
of other towns.
The Disputes over Honour in Bohemian and Moravian Towns in the
Early Modern Times: A Probe into the Sources of the Royal City of
Brno and the Town of
Krupka
in Bohemia
The authors deal with the notion of honour in burgher society in the Early Modern
Times. On the basis of an in-depth analysis of the relevant sources of legal and judicial
nature from the royal city of Brno (and, for the sake of comparison, also mayor s books
produced by the municipal court of the mining town of
Krupky
in Northern Bohemia),
the authors come to the conclusion that accusation of dishonesty and defamation were
in both towns the most common cases handled at the mayor s court or at least registered
by this municipal institution after the reconciliation of the disputing parties. Honour
was also within the framework of municipal community rather legal than moral category
and the mentioned analysis proves that even those who commited a serious crime were
250
Spory o čest ve středověku a raném novověku
not necessarily deprived of honour and thus expelled from a municipal community.
In social terms, it was essential that the person whose honour remained intact could
potentially participate in public affairs (in the language of contemporary sources, such
a person was
amtsfähig ).
The Role of Honour in the Disputes of Villeins on the Example of the
Pardubice Manor in the 16th and 17th Centuries
The author considers various functions which honour could fulfil in social rela¬
tions. She analyses more than
250
disputes over honour which took place among the
villeins of the Pardubice manor in the
16*
and 17th centuries. In the first part the author
summarizes the classification of the disputes, takes into consideration the frequency of
the individual types of disputes in the periods of
25
years and attempts to clarify the
fluctuations in the number of property and minor disputes, i.e. disputes over honour
and violence. The second part deals with the role of honour in social life in the Early
Modern Times, several theories are employed (symbolic and social capital). The neces¬
sity of integration of individuals into social networks is emphasized, since a honourable
character was always determined by the social environment. In the third part the author
presents honour as a means of communication and aims especially at the concept of the
so-called
agonal
communication. The fourth part shows the advantage of legal solution of
the disputes. According to the author, a legal action was an elegant solution of defense of
honour. Above all, the lawsuits were of symbolic nature and the main goal of the suitor
was restoration of reputation. In the the fifth part the author focuses on honour as a
negative element of social relations, particularly the close connection between honour
and disputes over violence. In the final part the author emphasizes that honour can be
regarded as the leitmotiv of the maintenance of the social order and stability in early
modern society.
Honour as a Mirror of Society
The final reflection by Josef
Válka
characterizes the notion of honour as one of
the elementary values in the history of the Antique-Christian civilization. In its widest
sense, honour is a set of positive attributes and manners which transcend personal and
group utilitarian interests, which is related to moral, religious and social codes, whose
observation guarantees social credit, authority and general respect. In the Middle Ages,
honour was acquired through birth and was originally connected with noble status.
Since the age of humanism, other social strata could also gain honour and relating titles
and acknowledgement
-
in exchange for public services, improvements of knowledge,
works of art. Honour was gradually attributed to the elites of all social strata in the modem
times. Individuals as well as social groups, from guilds and universities to nations and
states, strove for honour. The author attempts to show the role of honour in the crucial
periods of the history of the Czech nation and state.
One of the consequences of the great social change of the 13th century and Ger¬
man colonization was the influx of German settlers to various regions in Bohemia and
Moravia, to towns and mining settlements and also to royal circles, which instilled fears
that the foreigners would gain the upper hand over the Czech lands.
Disputes over Honour in the Middle Ages and Early Modern Times
251
These apprehensions and appeals for the defense of the land against the foreigners
(Germans) were expressed by the author of the Chronicle of so-called
Dalimil,
written
at the threshold of the 13th and 14th centuries. From this time on, these fears has persisted
until the most recent times. Aversion against the influx of the foreigners, national defense,
struggle of the Czechs in Bohemia and Moravia for control over the homelands are per¬
manent features of Czech history. According to so-called
Dalimil,
the most honourable
are those who defend the land and language. Almost all appeals, resulting from the fears
of voluntary assimilation, are directed to the Czechs to preserve their language and their
rule. In the chronicle, the bearer of this national and state efforts is the land polity and
also the ruler, under the condition that he cooperates with this polity.
Another momentous event in the history of the honour of the Czech nation and
state is the Hussite revolution, which presented itself, from its beginnings, as a struggle
for the honour of the Czechs in Bohemia and Moravia accussed of heresy by the papal
church. The land estates polity became a political subject in which not only noblemen
but also burghers and knights were represented. The military predominance of the Hus¬
sites and their victories seemed to prove that the Czechs-Hussites enjoyed God s favour
and forced the church as well as secular powers to change the strategy, that is, to put an
end to the war by means of negotiations. The basic requirements of the Hussites in their
negotiations with the Council of Basel and with King and Emperor
Sigismund
were the
restoration of honour Of the Czechs, acceptance of the results of the revolution and
reception to the church from which they were excommunicated. The Compacts of Basel
and Sigismund s capitulations accepted these claims and came to be the constitutive
basis of the freedoms of the estates until the first third of the
17*
century. In the
15*-
17th centuries, this
Magna
Charta
was part of land law and was held in respect by the
whole land polity, includng the Catholics. All attempts to restore the situation before
the Hussite revolution failed and the European Reformation eliminated the isolation of
the Czech heretics. The Czech lands were a haven of religious and estate freedoms and
religious coexistence until the defeat of the next estate revolution against Absolutism
and Counter-Reformation in
1618.
In conclusion, the author deals with the development of the notion of honour in the
Czech history of the Modern Times. All strata of civil society regard honour as the highest
value. The claims for the acceptance of honour also appeared in the great peasant rebel¬
lions of the 17th and 18th centuries. In the age of the National Revival and the 19th-century
revolutions, it was the work on the revival of the national language, culture and politics
that became the source of honour and highest distinctions. All regimes of the 20th century
also appropriated honour and employed defamation of their enemies. In the age of
globalization and the unification of Europe, the notion of honour partially moves from
the level of national interests to universal human values and rights. The end of nations
and states is still far away; thus the defense of national honour persists in various forms.
It seems that honour occupies a significant position in the history of civilisation.
|
any_adam_object | 1 |
author_GND | (DE-588)136003176 |
building | Verbundindex |
bvnumber | BV037395966 |
ctrlnum | (OCoLC)730024184 (DE-599)BVBBV037395966 |
edition | Vyd. 1. |
era | Geschichte 500-1800 gnd |
era_facet | Geschichte 500-1800 |
format | Book |
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genre | (DE-588)4143413-4 Aufsatzsammlung gnd-content |
genre_facet | Aufsatzsammlung |
geographic | Ostmitteleuropa (DE-588)4075753-5 gnd |
geographic_facet | Ostmitteleuropa |
id | DE-604.BV037395966 |
illustrated | Illustrated |
indexdate | 2024-07-09T23:23:24Z |
institution | BVB |
isbn | 9788086488745 |
language | Czech |
oai_aleph_id | oai:aleph.bib-bvb.de:BVB01-022548763 |
oclc_num | 730024184 |
open_access_boolean | |
owner | DE-12 |
owner_facet | DE-12 |
physical | 254 S. Ill. |
psigel | DHB_JDG_ISBN_1 |
publishDate | 2010 |
publishDateSearch | 2010 |
publishDateSort | 2010 |
publisher | Matice Moravská |
record_format | marc |
series | Edice Země a kultura ve Střední Evropě |
series2 | Edice Země a kultura ve Střední Evropě |
spelling | Spory o čest ve středověku a raném novověku Tomáš Borovský ... Vyd. 1. Brno Matice Moravská 2010 254 S. Ill. txt rdacontent n rdamedia nc rdacarrier Edice Země a kultura ve Střední Evropě 16 Zsfassung d. Beitr. in engl. Sprache Geschichte 500-1800 gnd rswk-swf Ehrverletzung (DE-588)4013699-1 gnd rswk-swf Ostmitteleuropa (DE-588)4075753-5 gnd rswk-swf (DE-588)4143413-4 Aufsatzsammlung gnd-content Ostmitteleuropa (DE-588)4075753-5 g Ehrverletzung (DE-588)4013699-1 s Geschichte 500-1800 z DE-604 Borovský, Tomáš 1972- Sonstige (DE-588)136003176 oth Edice Země a kultura ve Střední Evropě 16 (DE-604)BV022264618 16 Digitalisierung BSB Muenchen application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=022548763&sequence=000003&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA Inhaltsverzeichnis Digitalisierung BSB Muenchen application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=022548763&sequence=000004&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA Abstract |
spellingShingle | Spory o čest ve středověku a raném novověku Edice Země a kultura ve Střední Evropě Ehrverletzung (DE-588)4013699-1 gnd |
subject_GND | (DE-588)4013699-1 (DE-588)4075753-5 (DE-588)4143413-4 |
title | Spory o čest ve středověku a raném novověku |
title_auth | Spory o čest ve středověku a raném novověku |
title_exact_search | Spory o čest ve středověku a raném novověku |
title_full | Spory o čest ve středověku a raném novověku Tomáš Borovský ... |
title_fullStr | Spory o čest ve středověku a raném novověku Tomáš Borovský ... |
title_full_unstemmed | Spory o čest ve středověku a raném novověku Tomáš Borovský ... |
title_short | Spory o čest ve středověku a raném novověku |
title_sort | spory o cest ve stredoveku a ranem novoveku |
topic | Ehrverletzung (DE-588)4013699-1 gnd |
topic_facet | Ehrverletzung Ostmitteleuropa Aufsatzsammlung |
url | http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=022548763&sequence=000003&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=022548763&sequence=000004&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA |
volume_link | (DE-604)BV022264618 |
work_keys_str_mv | AT borovskytomas sporyocestvestredovekuaranemnovoveku |