16th century – Polish Freedom https://polishfreedom.pl The Legal Patch of Polish Freedom Fri, 13 May 2022 11:14:30 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://polishfreedom.pl/wp-content/uploads/2022/03/cropped-logo-32x32.png 16th century – Polish Freedom https://polishfreedom.pl 32 32 Henrician articles https://polishfreedom.pl/en/henrician-articles/ https://polishfreedom.pl/en/henrician-articles/#respond Wed, 11 May 2022 10:07:33 +0000 https://www.freedom.atractor.pl/?p=1228 Continue reading Henrician articles]]> The Henrician Articles – so named after Henri de Valois (known as Henryk Walezy in Poland), the first ruler of Poland-Lithuania to have been chosen through free election – were drawn up in 1573 during the deliberations of the election Sejm (Parliament) held during the interregnum that followed the death of King Zygmunt II August (Sigismund II Augustus). As the king-elect for the Polish-Lithuanian throne, Henry swore to uphold the Warsaw Confederation as well as the Articles, but subsequently refused to repeat those oaths at his coronation. After Henry’s flight to France, his successor Stefan Batory (Stephen Báthory) solemnly confirmed both documents, which in 1576 were approved as acts of the Sejm. All subsequent elective monarchs re-confirmed the Henrician Articles, which became part of the pacta conventa – a body of acts sworn to by every king of the Polish-Lithuanian Rzeczpospolita (Commonwealth) chosen by way of free election.

The Articles were a collection of legal provisions that included paramount regulation of the structure of the state and determined the relations between the Sejm and the monarch. The Articles guaranteed that the privileges of the gentry (szlachta) would be preserved, ensured freedom of religion, and defined the constitutional framework of the Rzeczpospolita, including the choice of every subsequent monarch by the gentry as a whole, exclusively via free election. The Henrician Articles bound the king to convene a general Sejm every two years and, when need be, extraordinary Sejms as well. The king was also obliged to appoint a royal council composed of sixteen resident senators tasked with making joint decisions concerning major affairs of state. Legislative powers rested with the Sejm, which also enjoyed purview over both domestic and foreign policies. Moreover, the szlachta (gentry) gained the right to renounce allegiance to the king if ever the latter broke the obligations he had agreed to.

Some Polish legal historians are inclined to treat the Henrician Articles as the first act of a constitutional character.

Document from the collection of the Central Archives of Historical Records
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The Warsaw Confederation https://polishfreedom.pl/en/the-warsaw-confederation/ https://polishfreedom.pl/en/the-warsaw-confederation/#comments Wed, 11 May 2022 10:06:45 +0000 https://www.freedom.atractor.pl/?p=1225 Continue reading The Warsaw Confederation]]> The declaration of the Warsaw Confederation was approved on January 28, 1573, at the Convocation Sejm held in Warsaw after the heirless death of King Zygmunt II August (Sigismund II Augustus) and prior to the first free election of a monarch. The Sejm was convoked in order to lay down the principles for electing the monarch, to carry out a review of the Rzeczpospolita’s constitutional arrangements, and to determine the bases for their possible amendment.

The signatories of the ceremonious document – affixed, as seen below, with numerous seals – regulated the most urgent matters. One of them is dealt with in points 3 and 4 – namely, the guarantee to uphold peace between the adherents of the diverse confessions then practised in the Rzeczpospolita (Commonwealth) The signatories mutually swore to oppose any and all attempts to initiate persecutions for reasons of religion. At the same time it was stressed that religious matters could not be used as a pretext for undermining the social order.

Of surpassing significance for the origins of the provisions upholding religious freedom was the fact that among the leading candidates to the vacant throne was the son of the French king, Henry (de Valois) who had been charged with having directly participated in the slaughter of French Protestants (Huguenots) during the St. Bartholomew’s Day Massacre of August 23-24, 1572 in Paris. In accordance with the stipulations of the Warsaw Confederation, when Henry indeed was elected to the throne of the Rzeczpospolita (in May, 1573), the Polish delegation that traveled to France demanded of the king-elect that he swear an oath to uphold the principles of the Warsaw Confederation. Henry did so in Notre Dame Cathedral in September that year.

The fact that freedom of religion was made part of the Henrician Articles attests that the provisions of the Warsaw Confederation were to remain binding indefinitely, rather than only during the interregnum and Henry’s reign.

Document from the collection of the Central Archives of Historical Records
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Union of Lublin https://polishfreedom.pl/en/union-of-lublin/ https://polishfreedom.pl/en/union-of-lublin/#respond Wed, 11 May 2022 10:05:17 +0000 https://www.freedom.atractor.pl/?p=1223 Continue reading Union of Lublin]]> From 1385 onwards, Poland and the Grand Duchy of Lithuania functioned as two separate states ruled by a single monarch. Initially, only Poland favoured the idea to deepen the union. In time, however, the Lithuanian szlachta (gentry/nobility), seeking to acquire political rights similar to those of the Polish szlachta, came to support the concept. Lest Lithuania and Poland might each elect their own ruler after his childless death, King Zygmunt II August (Sigismund II Augustus) (1548-1572) endeavoured to strengthen the ties between the two countries. Although the Lithuanian magnates had long resisted a closer union, their drawn-out war against Muscovy finally forced them to seek support from the Crown.

From January 1569, the Polish and Lithuanian parliaments (sejms) held their debates in parallel, bargaining for a union agreement. The deliberations were acrimonious, but eventually led to the signing, in Lublin, of an act of real union between the Crown and the Grand Duchy of Lithuania. This happened on July 1, 1569.

The Union of Lublin provided for the merger of the two sovereign countries, Poland and Lithuania, into a single unit that became called ‘the Commonwealth [Rzeczpospolita] of the Two Nations’, to be ruled by a single monarch elected jointly by the two nations in free elections. The Rzeczpospolita was henceforth to have a joint Sejm (parliament) and a shared foreign policy. The central offices specific to each of the countries were preserved, as were their respective official languages, armies, treasuries, and judicial systems. A single currency was also introduced – however, it was minted separately in each of the two countries.

Document from the collection of the Central Archives of Historical Records
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Declaration of King Zygmunt August (Sigismund Augustus) regarding Polish-Lithuanian union https://polishfreedom.pl/en/declaration-of-king-zygmunt-august-sigismund-augustus-regarding-polish-lithuanian-union/ https://polishfreedom.pl/en/declaration-of-king-zygmunt-august-sigismund-augustus-regarding-polish-lithuanian-union/#respond Wed, 11 May 2022 10:04:47 +0000 https://www.freedom.atractor.pl/?p=1221 Continue reading Declaration of King Zygmunt August (Sigismund Augustus) regarding Polish-Lithuanian union]]> By means of this statement, submitted at the sitting of the Sejm in 1564, King Zygmunt II August (Sigismund II Augustus) ceded to the Crown of the Kingdom of Poland the hereditary right of the Jagiellons to govern the Grand Duchy of Lithuania. Since Zygmunt had no male successor to the throne, this move was to facilitate the expected election of a ruler of the two countries then bound by a personal union and to prevent a possible political crisis, something that was particularly menacing with regard to Muscovite expansionism. The king’s declaration was a prelude to the planned real union between Poland and Lithuania.

Document from the collection of the Ossolineum
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Nihil novi constitution https://polishfreedom.pl/en/nihil-novi-constitution/ https://polishfreedom.pl/en/nihil-novi-constitution/#respond Wed, 11 May 2022 10:00:56 +0000 https://www.freedom.atractor.pl/?p=1210 Continue reading Nihil novi constitution]]> The Nihil novi Constitution was adopted by the General Sejm (parliament) convened in the city of Radom in 1505. Its passage entailed one of the stages in the conflict between the magnates of the royal council and the representation of the szlachta (gentry) gathered in the Chamber of Deputies – i.e., the lower house of the parliament – whose impact on the political system of the state was then increasing. An attempt at restricting the deputies’ influence on the state system had been made by means of the October 30, 1501 “Union of Mielnik”, which marginalized the significance of the Chamber of Deputies in the bicameral Sejm. The gentry responded first by invalidating the deed, and thereafter by enacting a constitution in 1504 that interdicted the alienation of royal estates to magnates (in Poland-Lithuania, ‘constitutions’ were equivalent to parliamentary acts or laws). The Nihil novi Constitution is what then followed.

Nihil novi rendered the “Union of Mielnik” null-and-void in its entirety and strictly limited the legislative competences of the monarch and the Senate, banning the issuance of laws without the consent of the senators and gentrymen represented in the Chamber of Deputies. The thrust of Nihil novi was essentially to reinforce the position of the bicameral parliament in the political system of the Polish-Lithuanian Rzeczpospolita (Commonwealth). In so doing, the parliament, and particularly its Chamber of Deputies, attained the position of highest authority in the state. The functioning of the Sejm was henceforth to be based on smooth co-operation between the king, the royal council – i.e. the Senate – and the deputies elected locally or regionally to the Chamber of Deputies.

Constitutional and legal historians recognize Nihil novi as marking the beginning of the ‘nobles’ democracy’ (or, democracy of the nobility) in the Polish-Lithuanian Rzeczpospolita.

From the collection of the Central Archives of Historical Records
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Union of Mielnik (the Privilege of Aleksander, Grand Duke of Lithuania) https://polishfreedom.pl/en/union-of-mielnik-the-privilege-of-aleksander-grand-duke-of-lithuania/ https://polishfreedom.pl/en/union-of-mielnik-the-privilege-of-aleksander-grand-duke-of-lithuania/#respond Wed, 11 May 2022 10:00:16 +0000 https://www.freedom.atractor.pl/?p=1208 Continue reading Union of Mielnik (the Privilege of Aleksander, Grand Duke of Lithuania)]]> This document on Polish-Lithuanian union was drawn up in the city of Piotrków on October 3, 1501, and was then confirmed on October 30, 1501, in the eastern city of Mielnik, by Aleksander Jagiellończyk (Alexander Jagiellon), Grand Duke of Lithuania, in connection with his election to the throne of Poland. Aleksander sought the Polish crown following the death of his elder brother, Jan I Olbracht (John I Albert), with the intent of re-establishing the personal union between Poland and Lithuania. The Lithuanians were eager to obtain military support in their war with Muscovy – however, they did not wish to deepen the union beyond its personal framework, fearing that the Grand Duchy’s autonomy might be curtailed. The Polish party, in turn, endeavoured to transform the bond into a real union.

The central provision of the document was its consent to a thorough-going alliance between the Crown and the Grand Duchy. The joint election of the monarch – the king of Poland, to be sure – was envisioned, this implying that the Jagiellons would lose their right to inherit power in Lithuania. At his coronation, every subsequent king was to re-affirm all the existing rights of the Kingdom of Poland and the Grand Duchy of Lithuania. A jointly appointed council was meant to deliberate on the state’s affairs.

In the end, the Lithuanian side never ratified the Union of Mielnik. Nonetheless, the Privilege is regarded as the first step towards the union that was finally forged between Poland and Lithuania in 1569.

Alexander Jagiellon corroborate the act of polish-lituanian union on 30th of October 1501 in Mielnik, document from the collection of the Central Archives of Historical Records
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