nobility – Polish Freedom https://polishfreedom.pl The Legal Patch of Polish Freedom Fri, 13 May 2022 11:25:20 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://polishfreedom.pl/wp-content/uploads/2022/03/cropped-logo-32x32.png nobility – Polish Freedom https://polishfreedom.pl 32 32 Constitution of the Duchy of Warsaw https://polishfreedom.pl/en/constitution-of-the-duchy-of-warsaw/ https://polishfreedom.pl/en/constitution-of-the-duchy-of-warsaw/#comments Wed, 11 May 2022 10:38:07 +0000 https://www.freedom.atractor.pl/?p=1262 Continue reading Constitution of the Duchy of Warsaw]]> Emperor Napoleon Bonaparte’s victorious campaign against Prussia and Russia in 1806-1807 ended with the Treaties of Tilsit, which laid the foundations for the revival of the Polish state as a rump Duchy of Warsaw, ruled by Saxon king Fryderyk August (Frederick August I), grandson of the Polish king August III and a descendant of Jan III Sobieski (John III Sobieski) on his mother’s side.The duchy was connected by union with Saxony and depended on France to safeguard its existence against the designs of the partitioning states: Russia, Austria and Prussia. On 22 July 1807 in Dresden (the capital of Saxony), Napoleon granted the Duchy a constitution. It was modelled on French legislation and the constitutions of countries dependent on France, but it took into account the specific Polish context, while maintaining the privileged position of the Catholic Church and the nobility. Although it instituted equality before the law and gave burghers a representation in the chamber of deputies (for the first time in Polish parliamentary history), the leading role of the nobility was preserved, as seen in the proportion of 60:40 for the representatives of these estates. The abolition of personal serfdom in Article IV of the Constitution was a fundamental change, but a decree issued a few months later stated that a peasant’s movable property belonged to his lord, which maintained the advantage of the nobility over the peasants.

The Constitution introduced hereditary succession to the throne for the Saxon Wettin dynasty, in reference to the provisions of the Third of May Constitution. The Sejm was maintained as a bicameral parliament, consisting of a Senate and a Chamber of Deputies. Bishops, voivodes and castellans (titular offices by then) held seats in the Senate ex officio, just like in the pre-partition Commonwealth. As in France, the executive power was strengthened. The government consisted of ministers. A Council of State chaired by the king and consisting of ministers, a secretary and four referendaries, was also set up according to the French model. The Council was tasked with drafting laws, resolving conflicts of competence between courts, cassation jurisprudence, and bringing ministers to justice. Similarly, following the French example, the country was divided into departments and districts, headed by prefects and sub-prefects respectively.

Granting of the Constitution of the Duchy of Warsaw by Napoleon / National Museum in Warsaw
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Bar Confederation Establishment Act https://polishfreedom.pl/en/bar-confederation-establishment-act/ https://polishfreedom.pl/en/bar-confederation-establishment-act/#respond Wed, 11 May 2022 10:16:05 +0000 https://www.freedom.atractor.pl/?p=1243 Continue reading Bar Confederation Establishment Act]]> The first years of the reign of Stanisław II Augustus, who was elected king in September 1764, abounded in events that polarized the political life of the Polish-Lithuanian Commonwealth. Close to the king, the reformatory political faction called Familia was centered on representatives of the magnate families of Czartoryski and Poniatowski.

The direction of the planned social reforms and those of the political system, particularly the actions of Russian ambassador Nikolai Repnin (for instance, his pushing of the project to grant political rights to infidels, which eventually became incorporated into the so-called Cardinal Laws, that is, the principles of the Commonwealth’s political system guaranteed by Russia) caused an outrage among much of the nobility engaged in the public life. Leaders of the opposition (for instance, Bishop of Kamianets-Podilskyi Adam Stanisław Krasiński) to the king and the political faction associated with him prepared a plan for a confederation. The purpose was to depose Poniatowski, fight against Russia, and reform the state.

With the end of February 1768 substantial volunteer troops, partly made up of rebellious detachments of the Crown’s army, assembled in Bar, a town in Podolia in today’s Ukraine. Present were, for instance, the Pułaskis: Józef, who was declared the military union’s marshal, and his son Kazimierz, the later hero of the American War of Independence and one of the Confederation’s leaders. Announced on that occasion, the act establishing the Confederation declared all acts of Parliament passed under coercion null and void. The Confederates’ main motto was “faith and freedom.” The Confederation was ultimately suppressed in 1772, becoming a pretext for the first partition of the Commonwealth.

The Confederation has become a subject of both positive and negative legends. The former originate from the Enlightenment-period political commentary, which condemned the purported Sarmatian reactionism, which the Confederation members were identified with. The Romantic interpretation of the historic role of the 1768‒1772 events was completely different, with works such as Henryk Rzewuski’s Pamiątki Soplicy [Soplica’s memoir], Wincentyy Pol’s Pieśni Janusza [Janusz’s songs], or Juliusz Słowacki’s Ksiądz Marek [Father Marek] contributing to the sublimation of the Bar Confederation by incorporating it into the pro-independence tradition along with the Kościuszko Uprising, the Polish Legions’ act, and the November Uprising.

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Act of the Tyszowce Confederation https://polishfreedom.pl/en/act-of-the-tyszowce-confederation/ https://polishfreedom.pl/en/act-of-the-tyszowce-confederation/#respond Wed, 11 May 2022 10:14:28 +0000 https://www.freedom.atractor.pl/?p=1236 Continue reading Act of the Tyszowce Confederation]]> The year 1655 was one of the most tragic moments in the history of the Polish-Lithuanian Commonwealth. The civil war with the Cossacks had been waged for seven years with changing fortune, and beginning with 1654 it was also waged against Russia, which was on the Cossacks’ side. The war ruined the eastern provinces of the Commonwealth. Commenced in July 1655, the Swedish invasion of the northern and western territories could have been the beginning of the end of the Commonwealth. Devoid of the support of the mercenaries, who were engaged in the east, the universal conscription units assembled to fight against the Swedes were surrendering one after another. Greater Poland, Mazovia, and a substantial portion of Lesser Poland came under the Swedish rule. Cracow and Warsaw, the old and the new capital of the Commonwealth, fell.

Defeated by the Swedes in combat, Jan Kasimir fled to Silesia, to the terrains under the Habsburg rule. The nobility and the royal clerks recognized the king of Sweden as the king of Poland in return for a guarantee of rights. At the same time Great Hetman of Lithuania Janusz Radziwiłł surrendered the Great Duchy of Lithuania to Sweden. With time, however, the Swedes began to treat the captured territory in an increasingly harsh way. They started to transport valuables and works of art out of the Commonwealth. They also accepted the fact that their soldiers were robbing peasants. To make the renegade king’s contact with the country more difficult the Swedes began to capture towns and fortresses on the border with Silesia. That was when they came to the foothill of the fortified cloister called Luminous Mount (Jasna Góra), the most important Marian sanctuary in the Crown. Their attempt to capture it, combined with other Swedish misdeeds, outraged the nobility, which turned back to Jan Kasimir. Under those circumstances, in December 1655 hetmans of the Crown with the army, representatives of the disappointed nobility, and the Lithuanian troops which had turned against Radziwiłł assembled in Tyszowce. They decided to establish a confederation, that is, an armed union of citizens formed to defend their violated rights. The Confederates declared their subordination to Jan Kasimir, promised to fight against the Swedes, and announced universal conscription. The Confederation of Tyszowce is regarded as the symbolic turning point in the Polish-Swedish War, which transformed from the invaders’ triumphant march into a bloody and difficult war, which came to an end in 1660 with the signing of the Treaty of Oliva and the Swedes’ retreat.

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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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Privilege of Jedlnia and Krakow https://polishfreedom.pl/en/privilege-of-jedlnia-and-krakow/ https://polishfreedom.pl/en/privilege-of-jedlnia-and-krakow/#respond Wed, 11 May 2022 09:59:10 +0000 https://www.freedom.atractor.pl/?p=1204 Continue reading Privilege of Jedlnia and Krakow]]> The privilege was granted in 1430 by King Władysław II Jagiełło (Jogaila) in order to ensure the succession to the throne to his son Władysław. Jagiełło’s earlier endeavours toward this end had been resisted by some of the magnates. The privilege of Jedlnia confirmed the bestowals received earlier by the nobility (szlachta) and the clergy of the Crown. Its noteworthy aspects include the principle of personal immunity granted to the nobles; the ban on confiscation of landed estates without a court verdict; the monopoly bestowed upon the nobility in ecclesiastical dignities; and, the promise to extend the rights binding in the Crown to the Ruthenian lands belonging to it and populated by Orthodox nobles.

The privilege was corroborated confirmed in Krakóow, in 1433.

From the collection of the National Museum in Krakow
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Union of Horodło https://polishfreedom.pl/en/union-of-horodlo/ https://polishfreedom.pl/en/union-of-horodlo/#respond Wed, 11 May 2022 09:57:50 +0000 https://www.freedom.atractor.pl/?p=1197 Continue reading Union of Horodło]]> This act of union between the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania was concluded on October 2, 1413 in the eastern city of Horodło, as a result of the compromise achieved between the incorporative strivings of the Polish side and the separatist policies of Lithuania. The act defined the relationship between the two countries, and gave the ambiguous formula of 1385’s Union of Krewo specific content. One major provision of this act sets the rules for the election of the Grand Duke of Lithuania: the candidate was to be proposed by the Polish king at the consent of the Lithuanian boyars and Polish lords. Moreover, an option was provided to convoke joint Polish-Lithuanian conventions in order to make decisions concerning the two members of the Union. An administrative structure similar to that in the Crown was introduced in Lithuania. The extension of the rights of Lithuania’s Catholic nobles, following the Crown’s model (including the right to hereditary possession of land), was of high importance; nonetheless, it was only pertinent to the families that had accepted the Catholic faith and been symbolically adopted into Polish heraldic families. One purpose behind the Union’s provisions was to pursue a consistent policy with respect to the Teutonic Order. According to the British historian Robert Frost, the Union of Horodło was an important step on the road between the Union of Krewo (1385) and the Union of Lublin (1569), and this is because of the importance it attached to the citizens of both countries – namely, the szlachta (i.e., the gentry or nobility). Together with the agreements laid down in Horodło, the union between Poland and Lithuania, which initially was a dynastic arrangement, began turning into a federation of two civic communities. It was owing to this process that the Polish-Lithuanian union proved to be much more enduring than numerous other dynastic unions concluded in Central Europe toward the end of the Middle Ages.

From the collection of the National Museum in Krakow
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Privilege of Koszyce https://polishfreedom.pl/en/privilege-of-koszyce/ https://polishfreedom.pl/en/privilege-of-koszyce/#respond Wed, 11 May 2022 09:55:51 +0000 https://www.freedom.atractor.pl/?p=1191 Continue reading Privilege of Koszyce]]> Casimir the Great, the last Polish ruler from the Piast dynasty, died on 5 November 1370. His death and the end of the dynasty opened the possibility of starting a dynamic process which, after 16 years, finally led to the election of Władysław Jagiełło to the Polish throne. Before that, however, Louis I of Hungary, by virtue of earlier agreements, took over power in Poland. He did not have a male descendant, just two daughters, Maria and Jadwiga. Placing a woman on the Polish throne would be a precedent, the realisation of which must have had its price. That price was the privilege of Koszyce.

By the document of 17 September 1374, King Louis granted the noblemen in the whole kingdom a privilege, under which knights were released from the obligation to pay tribute, except for an annual fee of two Groschen (about 10% of the income of the average nobleman’s estate at that time) from a field (about 25 ha). Moreover, under the new law noblemen were guaranteed full compensation for their participation and losses incurred in a foreign expedition, the construction of new castles, either at the expense of the sovereign or with co-financing from local knights, if they agreed to the tax, the costs of the monarch’s stay in the estate were to be covered by himself, there was also an obligation that new officials would be recruited from amongst the inhabitants of the Kingdom.

Such privileges were nothing special in Europe at that time. Social layers and their parliaments were careful to ensure that sovereigns, when implementing their policies, did not deprive their subjects of their last money. In the Kingdom of Poland, the law of King Louis became one of the foundations for the development of parliamentarianism. Even before the times of the privilege, knights enjoyed much freedom, as they were obliged not by a fief relationship but by knightly law. Noblemen’s ownership was full, not based on the mechanism of feudal contract according to the Western European model. However, from 1374, the position of a knight towards a monarch became even more meaningful. Every time the king needed additional financing, he had to ask the noblemen to enact new taxes. Ruling without the consent of the subjects became very difficult and the way to transform a knight into a citizen was opened.

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