14th century – Polish Freedom https://polishfreedom.pl The Legal Patch of Polish Freedom Fri, 13 May 2022 10:36:39 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://polishfreedom.pl/wp-content/uploads/2022/03/cropped-logo-32x32.png 14th century – Polish Freedom https://polishfreedom.pl 32 32 Union of Krewo (Act of Kreva) https://polishfreedom.pl/en/union-of-krewo-act-of-kreva/ https://polishfreedom.pl/en/union-of-krewo-act-of-kreva/#comments Wed, 11 May 2022 09:57:25 +0000 https://www.freedom.atractor.pl/?p=1196 Continue reading Union of Krewo (Act of Kreva)]]> This document, known as the Union of Krewo (also, the Act of Kreva), was issued on August 14, 1385 by Władysław II Jagiełło (Jogaila), Grand Duke of Lithuania, as the outcome of the negotiations he had conducted with the Polish lords acting on behalf of the child queen Jadwiga (Hedwig), and Jadwiga’s mother Elżbieta Bośniaczka (Elisabeth of Bosnia), Queen of Hungary. The deed established the relationship between the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania, and initiated the long-lasting union between the two countries.

The need for a Polish-Lithuanian union arose in the late fourteenth century around the threat posed to both the Crown and the Grand Duchy by the expansion of the Teutonic Order. The baptism of Lithuania was meant to deny the Teutonic order any pretext for invading the country, to provide the basis for an alliance between Poland and Lithuania, and buttress the rule of the Lithuanian magnates over the Ruthenian population, which was numerically predominant in the Duchy.

Together with all the people of his lands, Jagiełło chose to accept baptism in the Roman Catholic rite, release all Christian captives from Lithuanian bondage, strive to regain the lands lost by the two countries, and also to adjoin [applicare in the Latin text] his Lithuanian and Ruthenian territories to the Crown of the Kingdom of Poland. The latter promise became the seedbed of a dispute between Jagiełło and his first-cousin Witold (Vytautas), who ruled in Lithuania. Moreover, in the following decades this dispute embroiled the Polish and Lithuanian lords, as well. To this day the interpretation of the word applicare remains a subject of controversy between Polish and Lithuanian historians. Polish scholars read the term as describing the intention to incorporate the lands of the Grand Duchy of Lithuania into the Polish Crown, while Lithuanian scholars argue that it expressed the clear intention of maintaining a loose federation of independent states, such as typified the Polish-Lithuanian union until the year 1569.

From the collection of the Archives of the Krakow Cathedral Chapter
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The Statutes of Casimir III the Great (selection) https://polishfreedom.pl/en/the-statutes-of-casimir-iii-the-great-selection/ https://polishfreedom.pl/en/the-statutes-of-casimir-iii-the-great-selection/#respond Wed, 11 May 2022 09:15:28 +0000 https://www.freedom.atractor.pl/?p=1168 Continue reading The Statutes of Casimir III the Great (selection)]]> In his Annals, or Chronicles of the Famous Kingdom of Poland, Jan Długosz wrote for the year 1347: ‘Casimir, King of Poland, wanted to put an end to the condemnable and grave abuses, namely slanders and injustices, which had given the Kingdom of Poland under all of his predecessors, kings and princes […] severe oppression in administering justice and resolving disputes and all kinds of misunderstandings because, having carried out evidence proceedings, land courts did not rule according to written laws and statutes, but were guided by the personal feelings of judges and those presiding over the courts, who often succumbed to their passions, sympathies and to bribes. He therefore wished to introduce order throughout all of his kingdom.’ To this end, the king allegedly convened a council in Wiślica in 1347, at which he promulgated statutes systematising the customary law of the two main provinces of the united kingdom, namely Greater Poland and Lesser Poland. When composing his account, Długosz succumbed to a myth common in his time, namely that the statutes were the outcome of a single codification of the law. In fact, the statutes of Casimir the Great were in the making for a long time and were based on judgements passed by the king as supreme judge. These judgements were systematised by adding justifications, often derived from Roman or canon law, to the legislation (see, for example, paragraphs 71, 72, 148 and 77).

The Statute of Piotrków, containing the laws of Greater Poland, was composed between 1356 and 1362, and announced at a gathering in Piotrków. It was anterior to the statutes concerning Lesser Poland, promulgated at the gathering in Wiślica, in 1362 at the latest.

The statutes contain provisions concerning both the state system and judicial law (especially criminal law). They were not codifications in the modern sense, because they did not provide an exhaustive overview of any section of law, but they introduced, following canon law, the superiority of the established norm over the custom, which became an auxiliary norm.

Of the more interesting regulations relating to the social system, it is worth mentioning the punishment for murder (główszczyzna) and the Test of Nobility, which had to do, on the one hand, with the rising prominence of the knighthood (nobility) in public life and, on the other hand, with the lack of a specialised heraldic office controlling who belonged to the nobility. The Statute of Wiślica also confirmed the military service duty of knights, subject, however, to the privilege of being remunerated for serving abroad, which the knighthood had obtained as early as the thirteenth century.

Despite their incompleteness, the statutes of Casimir the Great played an important role in constructing a united kingdom and in amending existing legal norms. In the fifteenth century, the statutes of Piotrków and Wiślica were merged into one.

Sejm in Wiślica / The National Library
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Foundation Charter of the University of Cracow https://polishfreedom.pl/en/foundation-charter-of-the-university-of-cracow/ https://polishfreedom.pl/en/foundation-charter-of-the-university-of-cracow/#respond Wed, 11 May 2022 09:14:42 +0000 https://www.freedom.atractor.pl/?p=1166 Continue reading Foundation Charter of the University of Cracow]]> The unification of Poland by kings Władysław Łokietek and Kazimierz Wielki (Kazimierz III the Great) required the codification of laws and qualified officials to serve the Kingdom. The need for the latter is generally considered the main motive behind the establishment of a university in Cracow, Poland’s capital, by King Kazimierz. Issuing a foundation charter on 12 May 1364, Kazimierz III established Poland’s first (and Central Europe’s second) university (studium generale), originally known as the Cracow Academy. It was modelled on the Italian universities, especially Bologna, which specialised in teaching law. The newly founded university had three faculties: liberal arts, medicine, and law (including canon and Roman law). It didn’t have a faculty of theology, which was considered less dire and required special permission from the pope. Kazimierz provided the university with an economic foundation and granted it extensive legal autonomy, extending special protection to lecturers and students. The academy hardly had time to develop – after Kazimierz died in 1370, his successor, Ludwik Węgierski (Louis the Hungarian), did not show much interest in it. It experienced renewal in 1400 thanks to a legacy from Louis’s daughter, Queen Jadwiga (Hedwig), whose estate was executed by her husband, King Władysław Jagiełło (Jogaila). It is on accont of Jagiełło that the reborn university, which continued to be known as the Cracow Academy during the Commonwealth period, is today known as Jagiellonian University.

Sigil of the Jagiellonian University / Central Archives of Historical Records
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