18th century – Polish Freedom https://polishfreedom.pl The Legal Patch of Polish Freedom Fri, 13 May 2022 11:20:57 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://polishfreedom.pl/wp-content/uploads/2022/03/cropped-logo-32x32.png 18th century – Polish Freedom https://polishfreedom.pl 32 32 Proclamation of Połaniec https://polishfreedom.pl/en/proclamation-of-polaniec/ https://polishfreedom.pl/en/proclamation-of-polaniec/#respond Wed, 11 May 2022 10:30:30 +0000 https://www.freedom.atractor.pl/?p=1256 Continue reading Proclamation of Połaniec]]> Also known as the Połaniec Manifesto (Polish, Uniwersał połaniecki), the Proclamation was issued by Tadeusz Kosciuszko on May 7, 1794 near the city of Połaniec on the upper Vistula, on behalf of the ‘Country’s Government for the Commonwealth of the Two Nations’. A few weeks earlier, on April 4, 1794, Kościuszko’s troops had defeated the Russian army at Racławice – the famous battle in which the role of scythe-bearing peasant legions played a significant role. The Proclamation bestowed personal freedom to the serfs, reduced the scope of compulsory serfdom for them, and suspended the performance of serfdom duties for those conscripted to the army. Moreover, the Proclamation granted the right to peasants to leave their village after having settled their accounts, ensured that they could not be displaced from their lands, and allowed them to participate on their own in certain specified court proceedings. Moreover, the office of custodian was set up, tasked with ensuring that the peasants’ rights be observed in line with the provisions accepted.

The Proclamation had only insignificant influence on the situation of peasants, as the insurrection was soon to collapse. But it did become a legend and one of the documents to which subsequent insurrectionary and democratic movements drew upon in their bids to improve the lot of the peasants and grant them freedom, land ownership, and citizenship rights – and draw them into battle and work on behalf of an independent Poland.

Document from the collection of the Central Archives of Historical Records
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The Constitution of the 3rd of May (the Government Statute) https://polishfreedom.pl/en/the-constitution-of-the-3rd-of-may-the-government-statute/ https://polishfreedom.pl/en/the-constitution-of-the-3rd-of-may-the-government-statute/#respond Wed, 11 May 2022 10:29:27 +0000 https://www.freedom.atractor.pl/?p=1253 Continue reading The Constitution of the 3rd of May (the Government Statute)]]> During the reign of the last king of Poland, Stanisław August Poniatowski (Stanisław II Augustus), daring attempts at internal reform were carried out in order to avert disaster for the Rzeczpospolita (Commonwealth). A promising opportunity arose with the Sejm that deliberated between 1788 and 1792, as it was a “confederated Sejm”, meaning that unanimity was replaced with majority voting. The highlight achievement of this ‘Four-Year Sejm’ (also called the ‘Great Sejm’) was the enactment of the Government Statute [Polish: Ustawa Rządowa], popularly known as the Constitution of the 3rd of May. The Constitution was drafted by Ignacy Potocki, King Stanisław August, and Father Hugo Kołłątaj, and was passed on May 3, 1791 via an extraordinary and simplified procedure that was tantamount to a coup d’état.

Composed of a preamble and eleven chapters, the Government Statute introduced a tripartite division of powers in the Polish-Lithuanian Commonwealth that consisted of a bicameral legislature (i.e., the Sejm and Senate), an executive branch (the king), and a judiciary branch. The principle of unanimity known as liberum veto was abolished in favour of resolutions being passed by majority vote. The executive power rested with a royal council (‘the Guard of the Laws’, referred to as ‘the Guardianship’ in the following English version), presided over by the king and composed of five ministers proposed by the monarch and reporting to the Sejm – namely, the Primate, the heir to the throne, the Marshal of the Sejm, and two secretaries. The long-standing institution of elective monarchy was replaced with hereditary succession of the throne in the Saxon House of Wettin. The Constitution enshrined freedom of religion, though it recognised the Roman Catholicism as the ruling religion. The privileged position of the gentry was guaranteed, whilst the rights of the bourgeoisie were confirmed as previously granted by the ‘Law on the Cities’ (burghers from royal cities enjoyed broad opportunities to enter the gentry, and were allowed to own land and hold offices).

The attempts to carry out the reforms envisioned by the Government Statute were thwarted already in mid-1792 by the Confederation of Targowica and the entry of the Russian army into the Rzeczpospolita.

The Constitution of the 3rd of May, Poland’s first modern constitution (indeed, the world’s second such, preceded only by the US Constitution), expressed the political and civic awareness of the Rzeczpospolita’s citizens that their country was facing a dire crisis. Throughout the period when Poland was partitioned (1795-1918), the Constitution of the 3rd of May symbolised the nation’s pursuit of independence. The authors of Poland’s twentieth-century constitutions drew inspiration from it, as well.

Document from the collection of the Central Archives of Historical Records
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The abolishment of torture and death penalty in witch trials https://polishfreedom.pl/en/the-abolishment-of-torture-and-death-penalty-in-witch-trials/ https://polishfreedom.pl/en/the-abolishment-of-torture-and-death-penalty-in-witch-trials/#respond Wed, 11 May 2022 10:27:36 +0000 https://www.freedom.atractor.pl/?p=1250 Continue reading The abolishment of torture and death penalty in witch trials]]> As a result of the growing belief in the existence of witches and – less often – sorcerers as those who acted against people and used the help of the Devil, many witch trials took place in Late Medieval and Early Modern Europe. The cases focused on two spheres of witches’ activity: the religious one (heresy through apostasy and acting for the Devil) and the secular one (acting against people, the so-called maleficia). As such, they were prosecuted by both church and secular authorities in both Catholic and Protestant countries. The courts in such cases were using the rules of the Roman Inquisition, seeking the truth through questions addressed to the defendant, where admitting the charges was a sufficient evidence of guilt. Because of the gravity of the threat posed by the witches, the courts were commonly using torture against the accused ones, believing that without them nobody would admit having committed such a serious crime (and no other evidence was available). The procedure was sanctioned for example by the legislation of Karol V Habsburg (Charles V) known as the Constitutio Criminalis Carolina and agreed in 1532. Making pacts with the Devil and sorcery were considered crimes in the Republic of Poland as well, but just as in other countries of the Western Europe, the Enlightenment shattered the faith in the possibility of making pacts with the Devil and using them to harm others. As a result of those trends, the Warsaw Sejm passed a constitution (an act) in 1776 that abolished both the use of torture during interrogations (in all cases) and the death penalty itself in witch trials. The change was a part of a greater reform meant to improve the Polish-Lithuanian judicial system.

Document from the collection of Jagiellonian Library
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Universal of 24 October 1773 issued by the Commission of National Education https://polishfreedom.pl/en/universal-of-24-october-1773-issued-by-the-commission-of-national-education/ https://polishfreedom.pl/en/universal-of-24-october-1773-issued-by-the-commission-of-national-education/#respond Wed, 11 May 2022 10:25:33 +0000 https://www.freedom.atractor.pl/?p=1245 Continue reading Universal of 24 October 1773 issued by the Commission of National Education]]> Pope Clement XIV suppressed the Society of Jesus in 1773, which forced changes in the organisation of education in the Commonwealth since it was precisely the Society that was primarily responsible for education at the primary and secondary level in the country.

The establishment of the Commission of National Education (Komisja Edukacji Narodowej, KEN) was a response to the crisis. It was officially created through the resolution of the Sejm on 14 October 1773 and took over the property of the Society of Jesus. Its establishment was initiated by Reverend Hugo Kołłątaj (1750–1812), who did not join neither the Commission nor the Society for Elementary Books. The latter, established on 10 February 1775 in Warsaw, was devoted to designing and publishing syllabuses and textbooks. Its initiator and secretary was Reverend Grzegorz Piramowicz (1735–1801).

KEN activities were based on the ideas of the Enlightenment. The main objective of the Commission was to design a new official syllabus, reorganise and recreate the system of secondary schools and create teachers’ colleges by universities (which were also under reform). The number of Latin lessons was reduced for the sake of extended education in Polish, and the sciences were introduced to regular curriculum: natural history, physics and geometry. Some of the textbooks designed in those times were still in use throughout the whole 19th century. Through their activities, KEN contributed to the secularization and nationalization of education in the Polish–Lithuanian Commonwealth, to the establishment of the new role model of a citizen-landowner and to the popularization of Physiocracy, an important socio-economic theory of the Enlightenment.

In their Universal of 24 October 1773, the Commission announced reforms in the Polish education system and the launch of its activities by specifying its aims. Those included especially changing the nature of the education and upbringing of Polish youth to a more national and civic one.

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