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HISTORY]
POLAND
911

the throne, directed their policy, and grew rich upon their liberality, revolted the less favoured szlachta, or gentry, who, The Polish Constitution. towards the end of the 14th century, combined for mutual defence in their sejmiki, or local diets, of which originally there were five, three in Great Poland, one in Little Poland and one in Posen-Kalisz.[1] In these sejmiki the deputies of the few great towns were also represented. The Polish towns, notably Cracow, had obtained their privileges, including freedom from tolls and municipal government, from the Crown in return for important services, such as warding off the Tatars, while the cities of German origin were protected by the Magdeburg law. Casimir the Great even tried to make municipal government as democratic as possible by enacting that one half of the town council of Cracow should be elected from the civic patriciate, but the other half from the commonalty. Louis the Great placed the burgesses on a level with the gentry by granting to the town council of Cracow jurisdiction over all the serfs in the extra-rural estates of the citizens. From this time forth deputies from the cities were summoned to the sejmiki on all important occasions, such, for instance, as the ratification of treaties, a right formally conceded to them by the sejmik of Radom in 1384. Thus at this period Poland was a confederation of half a dozen semi-independent states. The first general assembly of which we have certain notice is the zjazd walny which was summoned to Koszyce in November 1404, to relieve the financial embarrassments of Wladislaus, and granted him an extraordinary subsidy of twenty groats per hide of land to enable him to purchase Dobrzyn from the Teutonic Knights. Such subsidies were generally the price for the confirmation of ancient or the concession of new privileges. Thus at the diet of Brześć Kujawski, in 1425, the szlachta obtained its first habeas corpus act in return for acknowledging the right of the infant krolewicz Wladislaus to his father's throne. The great opportunity of the szlachta was, of course, the election of a new king, especially the election of a minor, an event always accompanied and succeeded by disorders. Thus at the election of the infant Wladislaus III., his guardians promised in his name to confirm all the privileges granted by his father. If, on attaining his majority, the king refused to ratify these promises, his subjects were ipso facto absolved from their obedience. This is the first existence of the mischievous principle de prestanda obedientia, subsequently elevated into a statute. It is in this reign, too, that we meet with the first rokosz, or insurrection of the nobility against the executive. The extraordinary difficulties of Casimir IV. were freely exploited by the szlachta, who granted that ever impecunious monarch as little as possible, but got full value for every penny they grudgingly gave. Thus by the Articles of Cerekwica presented to him by the sejmik or dietine of Great Poland in 1454 on the outbreak of the Teutonic War, he conceded the principle that no war should in future be begun without the consent of the local diets. A few months later he was obliged to grant the Privileges of Nieszawa, which confirmed and extended the operation of the Articles of Cerekwica. The sejmiki had thus added to their original privilege of self-taxation the right to declare war and control the national militia.[2] This was a serious political retrogression. A strongly centralized government had ever been Poland's greatest need, and Casimir the Great had striven successfully against all centrifugal tendencies. And now, eighty-four years after his death, Poland was once more split up into half a dozen loosely federated states in the hands of country gentlemen too ignorant and prejudiced to look beyond the boundaries of their own provinces. The only way of saving the Republic from disintegration was to concentrate all its political factors into a sejm-walny or general diet. But to this the magnates and the szlachta were equally opposed, the former because they feared the rivalry of a national assembly, the latter because they were of more importance in their local diets than they could possibly hope to be in a general diet. The first sejm to legislate for the whole of Poland was the diet of Piotrkow (1493), summoned by John Albert to grant him subsidies; but the mandates of its deputies were limited to twelve months, and its decrees were to have force for only three years. John Albert's second diet (1496), after granting subsidies the burden of which fell entirely on the towns and peasantry, passed a series of statutes benefiting the nobility at the expense of the other classes. Thus one statute permitted the szlachta henceforth to export and import goods duty free, to the great detriment of the towns and the treasury. Another statute prohibited the burgesses from holding landed property and enjoying the privileges attaching thereto. A third statute disqualified plebeians from being elected to canonries or bishoprics. A fourth endeavoured to bind the peasantry more closely to the soil by forbidding emigration. The condition of the serfs was subsequently (1520) still further deteriorated by the introduction of socage. In a word, this diet disturbed the equilibrium of the state by enfeebling and degrading the middle classes. Nevertheless, so long as the Jagiello dynasty lasted, the political rights of the cities were jealously protected by the Crown against the usurpation's of the nobility. Deputies from the towns took part in the election of John Albert (1492), and the burgesses of Cracow, the most enlightened economists in the kingdom, supplied Sigismund I. with his most capable counsellors during the first twenty years of his reign (1506–1526). Again and again the nobility attempted to exclude the deputies of Cracow from the diet, in spite of a severe edict issued by Sigismund I. in 1509, threatening to prosecute for treason all persons who dared to infringe the liberties of the citizens. During Sigismund's reign, moreover, the Crown recovered many of the prerogatives of which it had been deprived during the reign of his feeble predecessor, Alexander, who, to say nothing of the curtailments of the prerogative, had been forced to accept the statute nihil novi (1505) which gave the sejm and the senate an equal voice with the Crown in all executive matters. In the latter years of Sigismund I. (1530–1548) the political influence of the szlachta grew rapidly at the expense of the executive, and the gentry in diet assembled succeeded in curtailing the functions of all the great officers of state. During the reign of Sigismund II. (1548–1572) they diverted their attention to the abuses of the Church and considerably reduced both her wealth and her privileges. In this respect both the Crown and the country were with them, so that their interference, if violent, was on the whole distinctly beneficial.

The childless Sigismund II. died suddenly without leaving any regulations as to the election of his successor. Fortunately for Poland the political horizon was absolutely unclouded. The Turks, still reeling from the shock Interregnum,
1572–1573.
of Lepanto, could with difficulty hold their own against the united forces of the pope, Spain and Venice; while Ivan the Terrible had just concluded a truce with Poland. Domestic affairs, on the other hand, were in an almost anarchical condition. The Union of Lublin, barely three years old, was anything but consolidated, and in Lithuania it continued to be extremely unpopular. In Poland proper the szlachta were fiercely opposed to the magnates; and the Protestants seemed bent upon still further castigating the clergy. Worst of all, there existed no recognized authority in the land to curb and control its jarring centrifugal political elements. It was nearly two hundred years since the Republic had suffered from an interregnum, and the precedents of 1382 were obsolete. The primate, on hearing of the demise of the Crown, at once invited all the senators of Great Poland to a conference at Lowicz, but passed over the szlachta altogether. In an instant the whole Republic was seething like a caldron, and a rival assembly was simultaneously summoned to Cracow by Jan Ferlej, the head of the Protestant party. Civil war was happily averted at the last moment, and a national convention, composed of senators and deputies from all parts of the country, assembled at Warsaw, in April 1573, for the purpose of electing a new king. Five candidates for the throne were already in the field. Lithuania favoured Ivan IV. In Poland the bishops and most of

  1. The Red Russian sejmik was of later origin, c. 1433.
  2. In view of the frequency of the Tatar inroads, the control of the militia was re-transferred to the Crown in 1501.