reforms – Polish Freedom https://polishfreedom.pl The Legal Patch of Polish Freedom Fri, 13 May 2022 11:37:45 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://polishfreedom.pl/wp-content/uploads/2022/03/cropped-logo-32x32.png reforms – Polish Freedom https://polishfreedom.pl 32 32 Statement from the Polish government https://polishfreedom.pl/en/statement-from-the-polish-government/ https://polishfreedom.pl/en/statement-from-the-polish-government/#respond Wed, 11 May 2022 11:06:38 +0000 https://www.freedom.atractor.pl/?p=1290 Continue reading Statement from the Polish government]]> The Interim People’s Government of the Polish Republic run by Jędrzej Moraczewski, was established by Józef Piłsudski on 18th November 1918. In political terms, it partly continued the policies of the Lublin-based government led by the Prime Minister Ignacy Daszyński. Moraczewski’s Government declared the establishment of a Legislative Sejm, to be elected through a secret, direct, equal, universal, and proportional vote, by popular suffrage. The main task this leadership team assumed upon themselves was to bring about a consolidation of all the Polish territories, rebuild the industry and economy, form a strong army, and unify the state administration, judiciary and fiscal systems. The Government’s programme, announced on 21st November 1918, declared a reform of the economic and social system, which was to be based on the democratic principles ever since; announced expropriation of the large landed-property owners, nationalisation of mines and of the entire industry, introduction of eight-hour working time and the right to strike. The radical agenda of the Moraczewski team caused protests among conservatives; this, in turn, led to the Government’s dismissal on 16th January 1919, as Poland was in desperate need to be represented by a consolidated and unanimous team at the then-nearing peace conference. All the same, a considerable portion of what the Government had announced as part of its programme was eventually put into effect by way of decrees which were countersigned by Józef Piłsudski, the Provisional Chief of State, prior to the formation of the Legislative Sejm.

Government of Jędrzej Moraczewski, photography in public domain
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Manifesto of the People’s Government of the Republic of Poland https://polishfreedom.pl/en/manifesto-of-the-peoples-government-of-the-republic-of-poland/ https://polishfreedom.pl/en/manifesto-of-the-peoples-government-of-the-republic-of-poland/#respond Wed, 11 May 2022 11:04:21 +0000 https://www.freedom.atractor.pl/?p=1284 Continue reading Manifesto of the People’s Government of the Republic of Poland]]> Headed by Ignacy Daszyński as Premier, the Provisional People’s Government of the Polish Republic was established on November 7, 1918 in Lublin by a group of independence-oriented Leftist activists (PPS, PSL Wyzwolenie). This Government did not however attain a nation-wide reach, and functioned alongside other power centres, among them the Polish Liquidation Commission in Galicia. The Manifesto called for the dissolution of the Regency Council and the creation of an independent people’s republic. It declared the equal rights of all citizens, irrespective of their nationality or religion, and granted freedom of speech, freedom of assembly and association, and the right to strike. It announced an eight-hour workday in industry, the crafts, and trade and declared it would immediately set about reorganising territorial self-government and forming a people’s militia. The Provisional Government moreover demanded that German troops leave the lands of Poland and expressed its will to resolve all territory-related disputes with neighbouring countries by way of negotiations.

Although the Provisional People’s Government of the Polish Republic was formed by political colleagues of Józef Piłsudski, it did not win his support because of its party-character. Ignacy Daszyński therefore submitted his resignation to Józef Piłsudski on November 12, the day after Piłsudski had returned to Poland from Magdeburg.

Document from the collection of the State Archive in Lublin
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Constitution establishing the Crown Tribunal https://polishfreedom.pl/en/constitution-establishing-the-crown-tribunal/ https://polishfreedom.pl/en/constitution-establishing-the-crown-tribunal/#respond Wed, 11 May 2022 10:13:38 +0000 https://www.freedom.atractor.pl/?p=1232 Continue reading Constitution establishing the Crown Tribunal]]> The title of the supreme judge was one of the powers of a monarch – first in the Kingdom of Poland and then in the Polish-Lithuanian Commonwealth. All judgements were rendered in the king’s name, he had the power of pardon at his disposal and he was the last instance of appeal. The courts of the first instance in the Jagiellonian monarchy were land courts, magistrate courts and chamberlain courts. The fact that the court system was so complex already at such an early stage was a consequence of the adoption of the principle of inequality before the law – depending on the subject matter of the case, different types of court had to gather, in a relevant composition.

Rulings of courts of the first instance did not necessarily end the proceedings. When the defendant made use of appeal procedures, the case went before the second instance court: the rally court (which ceased to function in the fifteenth century) and the royal court. However, since the king was the final appellate instance, in a state as vast as Rzeczpospolita, it was impossible to conclude all cases. Despite this, discussions regarding the reform of the justice system continued for almost 40 years. On the one hand, king Sigismund Augustus defended his appellate prerogative over all his subjects, and on the other, noblemen were afraid of strengthening the role of the Senate, as those were the times of the executionist movement, which fought with determination to increase the importance of the nobility masses to detriment of the magnates, of whom the Senate was composed.

Finally, king Stephen Báthory was persuaded into a compromise. In 1578, the Polish law judiciary was separated from the monarch and the General Crown Tribunal was established. Similar institutions were established for Lithuania (1581), Prussia (1585) and Ukraine (1589-1590). The Tribunal consisted of judges, called deputies [‘deputat’], who were elected once a year, in the number of twenty-seven, at deputies’ assemblies. There were no considerable changes in the election of judges until the Constitution of 1764, which required from candidates to have legal expertise, to own land property for more than one year, not to be involved in proceedings and to have a clean criminal record.

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Excerpts from the constitutions regarding the end of the jurisdiction of ecclesiastical courts over the nobility https://polishfreedom.pl/en/excerpts-from-the-constitutions-regarding-the-end-of-the-jurisdiction-of-ecclesiastical-courts-over-the-nobility/ https://polishfreedom.pl/en/excerpts-from-the-constitutions-regarding-the-end-of-the-jurisdiction-of-ecclesiastical-courts-over-the-nobility/#respond Wed, 11 May 2022 10:04:05 +0000 https://www.freedom.atractor.pl/?p=1219 Continue reading Excerpts from the constitutions regarding the end of the jurisdiction of ecclesiastical courts over the nobility]]> The conflict between the nobility and the clergy dated back to the Middle Ages and it mainly concerned the limits of secular and ecclesiastical jurisdiction. However, it was very difficult to make a clear distinction: the claims of both parties often overlapped, which provoked a complicated discussion, where legitimate rights mixed with badly understood group interests. Jurisdiction of ecclesiastical courts over noblemen remained the main bone of contention. The dispute would not have been so heated if the clergy adjudicated only in cases of heresy. However, it was possible for a nobleman to be cursed for evading the fee for the bishop.

The dispute took on a new dimension with the advent of the Reformation. At first, Polish noblemen became very close to Calvinism, whose vision of community seemed more attractive than that of Lutheranism. Paradoxically, however, this turn was marked by theological conservatism and a sincere desire to reform the Church. One of the close associates of the Papal Nuncio in the Rzeczpospolita noted in 1565 that, as regards dogmatic matters, knights were Catholic. But when the idea of defending the privileges of the clerical state was mentioned, nobody declared themselves Catholic. Similarly, changing the religion was the best way to escape from the jurisdiction of an ecclesiastical court.

Reformation in Rzeczpospolita proceeded relatively calmly: there was no burning at the stake or, as in France, civil war. However, this does not mean that there were no excesses. The Catholic argumentation relied on the instances of profanation of paintings, Eucharistic figures and taking over temples. Punishment was expected for perpetrators but only the bishop’s court, whose jurisdiction was not welcomed, could pass a sentence in such cases. That tangle of conflicting powers and religious ambitions needed to be cut somewhere. It finally happened after long discussions at the Piotrków Sejm of 1562-1563. By prohibiting starosts from executing judgements of ecclesiastical courts, the resolution of 1563 de facto abolished ecclesiastical jurisdiction, not only in matters of faith, but also in property disputes.

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Appeal to the Polish noblemen (excerpts) https://polishfreedom.pl/en/appeal-to-the-polish-noblemen-excerpts/ https://polishfreedom.pl/en/appeal-to-the-polish-noblemen-excerpts/#respond Wed, 11 May 2022 10:03:33 +0000 https://www.freedom.atractor.pl/?p=1217 Continue reading Appeal to the Polish noblemen (excerpts)]]> The 16th century was a time of dynamic changes to the political system of the Polish-Lithuanian state. The restoration of the royal domain, which – according to ideas of that time – was supposed to be the main source of income for the Republic, became a major problem for the rule of Sigismund I. He found royal properties heavily indebted and pledged to great noble families. In order to implement his plan, the king needed support from the noble society since the restoration of the domain would result in weakening of their position.

At the same time, however, a considerable change occurred within the nobility itself. It found itself under the influence of three important factors: parliamentarianism guaranteed with the Nihil Novi constitution (1505), increased influence of works by Aristotle and Cicero and the actual needs of the state. This gave birth to the so-called Executionist movement, with many outstanding thinkers and statesmen among its supporters. Stanisław Orzechowski (1513–1566), a clergyman and historian, was one of them. He was highly educated, and his rhetoric skills were exceptional, which gave him the nickname of the ideologist of the Nobles’ Golden Liberty.

Orzechowski enumerated the principles of the republican politics in his Appeal to the Polish noblemen, focusing on the law and its meaning for the functioning of the State. Owing to this law, Poland enjoyed such an attractive way of living that even its neighbouring states, such as Ruthenia, wanted to join the Kingdom as a province. It also protected freedom, which was less and less common in other European countries dominated by monarchs’ absolutism. Finally, the Kingdom of Poland, whose political system drew from the ancient mixed governments, enjoyed stability so that the king, the senate or the nobility did not threaten the interests of the whole state.

Orzechowski stated that all of those rights that served Poland so well were gathered and codified by Jakub Przyłuski. Orzechowski’s work was just an introduction to the collection. We could say that if Przyłuski’s Statutes were a legal textbook, Orzechowski’s Appeal was a practical commentary. Thanks to the latter, noblemen could learn that they were not just subjects to the king but also citizens of a free country.

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On improving the Commonwealth (excerpts) https://polishfreedom.pl/en/on-improving-the-commonwealth-excerpts/ https://polishfreedom.pl/en/on-improving-the-commonwealth-excerpts/#respond Wed, 11 May 2022 10:02:04 +0000 https://www.freedom.atractor.pl/?p=1215 Continue reading On improving the Commonwealth (excerpts)]]> In the Polish-Lithuanian Commonwealth there was no equality before the law. Though that was actually nothing unusual in a class society, some manifestations of that injustice were striking. The issue of the penal judiciary and the attempts to make punishment for homicide (homicidium) more severe were discussed throughout the 16th century. The Old Polish law distinguished between several categories of manslaughter, depending on the premeditation, the perpetrator’s and the victim’s class and whether they were related. While a nobleman who killed a nobleman was subject to a fine or prison sentence, a peasant or townsman faced a death sentence for the same crime.

In this context Andrzej Frycz Modrzewski was a unique figure. He not only remained an advocate of equality and a keen fighter for the reform of the penal code as far as punishment for homicide was concerned, but also his horizons were much broader. Written in impeccable Latin, his O poprawie Rzeczypospolitej [on the betterment of the Commonwealth] was a work which undertook to present the state affairs in a comprehensive manner. Its beginning was based on Aristotle’s authority, but the shift in thinking was manifested in the details. Frycz modified Stagirite’s definition and stressed that “all inhabitants of the Commonwealth are obliged to direct all their work, intentions, effort, diligence, and providence towards the benefit of all citizens’ well-being, so that everybody can live a happy life.” This thought then set the direction of the reasoning presented throughout it. The Commonwealth exists because it is bound by law and as the same laws are to govern the state, then criminals should be subject to equal punishment. Thus equality before the law is a consequence of the initial assumption that the Commonwealth exists for the happiness of all its citizens. And the law, which is to serve the state, can vary punishments, but only to the top dignitaries’ detriment because their crimes do more harm to the state than the crimes committed by plebeians.

On the one hand, Frycz’s thought was characterized by great radicalism of opinions and it was difficult to expect that the 16th-century society would accept it. On the other hand, O poprawie Rzeczpospolitej is a pearl of the Old Polish political thought, which in its masterpiece did not forget to plead the lowest class’ cause.

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Copernicus’ Writings about Money https://polishfreedom.pl/en/copernicus-writings-about-money/ https://polishfreedom.pl/en/copernicus-writings-about-money/#respond Wed, 11 May 2022 10:01:34 +0000 https://www.freedom.atractor.pl/?p=1212 Continue reading Copernicus’ Writings about Money]]> Best known for his work On the Revolutions of the Heavenly Spheres in which he presented the heliocentric theory of the universe, the astronomer Nicolaus Copernicus (1473–1543) from Toruń was a real Renaissance man. He practised medicine and, apart from astronomy, was also engaged in mathematics – he was the author of several works on economic, financial and administrative issues. The works were written in 1516–1532 and were directly connected to Copernicus’s duties as a member of the Warmia chapter in Frombork that included, for example, the administration of chapter’s goods. His works reflected, however, not only the practice of administration but also his scientific interest in economy, primarily monetary issues. 

At the turn of the 15th and 16th centuries, the monetary system descended into chaos that was caused by the dynamic process of the debasement of coinage related to, for example, the lack of precious metal in Europe. In his Writings about Money (1526) which were dedicated to the causes of the deterioration of money, the decrease of its purchasing power and social and political consequences of this process, Nicolaus Copernicus made a distinction between the face and intrinsic value of a coin.

Moreover, he stated that if there were two coins with a similar face value in circulation, the coin that had the highest quantity of the precious metal would be supplanted and accumulated. As a result, only the worse coin would remain on the market. Hence, the principle that explains this process, “bad money drives out good”, which, in the economy, is called the Gresham–Copernicus law. Copernicus also noted that “bad money” could have a negative influence on the economy of the whole country and even lead to its fall.

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