Specific rights of the szlachta included: '' • The right to hold outright ownership of land (
Allod) , wearing the
Order of the White Eagle. on his way to his execution, 26 May 1584. Sketch by
Jan Matejko, 1860 Significant legislative changes in the status of the szlachta, as defined by Robert Bideleux and Ian Jeffries, consist of its 1374 exemption from the land tax, a 1425 guarantee against the 'arbitrary arrests and/or seizure of property' of its members, a 1454 requirement that military forces and new taxes be approved by provincial
Sejms, and statutes issued between 1496 and 1611 that prescribed the rights of commoners. Many sejms issued decrees over the centuries in an attempt to resolve this issue, but with little success. It is unknown what percentage of the Polish nobility came from the 'lower orders' of society, but there are historians who claim nobles of such base origins formed a 'significant' element of the szlachta. Self-promotion and aggrandizement were not confined to commoners. Often, members of the lower szlachta sought further ennoblement from foreign, therefore less verifiable, sources. That is, they might acquire by legitimate means or otherwise, such as by purchase, one of a selection of foreign titles ranging from
Baron,
Marchese,
Freiherr to
Comte, all readily translatable into the Polish
Hrabia. Alternatively, they would simply appropriate a title by conferring it upon themselves. An example of this is cited in the case of the last descendant of the
Ciechanowiecki family, who managed to restore a genuinely old
Comital title, but whose actual origins are shrouded in 18th-century mystery.
Accretion of sovereignty to the szlachta The szlachta secured many rights not secured to the nobility of other countries. Over time, each new monarch ceded to them further privileges. Those privileges became the basis of the
Golden Liberty in the Polish–Lithuanian Commonwealth. Despite having a king, Poland was considered the 'nobility's
Commonwealth' because
Royal elections in Poland were in the hands of members of a hereditary class. Poland was therefore the domain of this class, and not that of the king or the ruling
dynasty. This arose in part because of the extinction of male heirs in the original royal dynasties: first, the
Piasts, then the
Jagiellons. As a result, the nobility took it upon itself to choose "the Polish king" from among the dynasties'
matrilinial descendants. Poland's successive kings granted privileges to the nobility upon their election to the throne – the privileges having been specified in the king-elect's
Pacta conventa – and at other times, in exchange for
ad hoc leave to raise an extraordinary tax or a
pospolite ruszenie, a military call up. Poland's nobility thus accumulated a growing array of privileges and immunities. In 1355 in
Buda King
Casimir III the Great issued the first country-wide privilege for the nobility, in exchange for their agreeing that if Casimir had no male heirs, the throne would pass to his nephew,
Louis I of Hungary. Casimir further decreed that the nobility would no longer be subject to 'extraordinary' taxes or have to use their own funds for foreign military expeditions. Casimir also promised that when the royal court toured, the king and the court would cover all expenses, instead of requiring facilities to be provided by the local nobility.
Privilege of Koszyce and others In 1374
King Louis of Hungary approved the
Privilege of Koszyce (
przywilej koszycki) to guarantee the Polish throne for his daughter,
Jadwiga. He broadened the definition of membership of the nobility and exempted the entire class from all but one tax (
łanowy) a limit of 2
groszes per
łan of land,
Old Polish units of measurement. In addition, the King's right to raise taxes was effectively abolished: no new taxes would be levied without the agreement of the nobility. Henceforth,
district offices were also reserved exclusively for local nobility, as the Privilege of Koszyce forbade the king to grant official posts and major Polish castles to foreign knights. Finally, the privilege obliged the king to pay
indemnities to nobles injured or taken captive during a war outside Polish borders. In 1422
King Władysław II Jagiełło was constrained by the Privilege of Czerwińsk (
przywilej czerwiński), which established the inviolability of nobles' property. Their estates could not be confiscated except upon the verdict of a court. It also made him cede some jurisdiction over
fiscal policy to the
Royal Council, later, the
Senate of Poland, including the right to
mint coinage. In 1430, with the Privileges of
Jedlnia, confirmed at
Kraków in 1433, Polish:
przywileje jedlneńsko-krakowskie, based partially on his earlier
Brześć Kujawski privilege (25 April 1425), King Władysław II Jagiełło granted the nobility a guarantee against arbitrary arrest, similar to the English
Magna Carta's
habeas corpus, known from its own Latin name as "
neminem captivabimus nisi jure victum". Henceforth, no member of the nobility could be imprisoned without a
warrant from a court of justice. The king could neither punish nor imprison any noble on a whim. King Władysław's
quid pro quo for the
easement was the nobles' guarantee that the throne would be inherited by one of his sons, who would be bound to honour the privileges granted earlier to the nobility. On 2 May 1447 the same king issued the
Wilno Pact, or Wilno Privilege, which gave the
Lithuanian boyars the same rights as those already secured by the Polish
szlachta. In 1454,
King Casimir IV granted the
Nieszawa Statutes – Polish:
statuty cerkwicko-nieszawskie, clarifying the legal basis of
voivodship sejmiks – local parliaments. The king could
promulgate new laws, raise taxes, or call for a mass military call up
pospolite ruszenie, only with the consent of the sejmiks, and the nobility were protected from judicial abuses. The Nieszawa Statutes also curbed the power of the magnates, as the Sejm, the national parliament, had the right to elect many officials, including judges,
voivods and
castellans. These privileges were demanded by the
szlachta in exchange for their participation in the
Thirteen Years' War.
First Royal Election The first "
free election" (Polish:
wolna elekcja) of a king took place in 1492. In fact, some earlier Polish kings had been elected with help from assemblies such as those that put
Casimir II on the throne, thereby setting a precedent for free elections. Only
senators voted in the 1492 free election, which was won by
John I Albert. For the duration of the
Jagiellonian Dynasty, only members of that royal family were considered for election. Later, there would be no restrictions on the choice of candidates. In 1493 the Sejm, began meeting every two years at
Piotrków. It comprised two chambers: • a
Senate of 81
bishops and
other dignitaries • a Chamber of Deputies of 54 deputies representing their respective domains. The numbers of senators and deputies later increased. On 26 April 1496 King
John I Albert granted the
Privilege of Piotrków. The
Statutes of Piotrków increased the nobility's
feudal power over
serfs. It bound the peasant to the land, and only one son though not the eldest, was permitted to leave the village. Townsfolk
mieszczaństwo were prohibited from owning land. Positions in the
Church hierarchy were restricted to nobles. On 23 October 1501, the
Polish–Lithuanian union was reformed by the
Union of Mielnik. It was there that the tradition of a
coronation Sejm was founded. Here again, the lesser nobility, lesser in wealth only – not in rank – attempted to reduce the power of the Magnates with a law that made them
impeachable before the Senate for
malfeasance. However, the
Act of Mielnik of 25 October did more to strengthen the Magnate-dominated
Senate of Poland than the lesser nobility. Nobles as a whole were given the right to disobey the King or his representatives —
non praestanda oboedientia, and to form
confederations, armed opposition against the king or state officials if the nobles found that the law or their legitimate privileges were being infringed. , the
Election of 1573''. Painting by
Jan Matejko On 3 May 1505 King
Alexander I Jagiellon granted the Act of
Nihil novi nisi commune consensu – "I accept nothing new except by common consent". This forbade the king to pass new laws without the consent of the representatives of the nobility in the assembled Sejm, thus greatly strengthening the nobility's powers. Essentially, this act marked the transfer of legislative power from the king to the Sejm. It also marks the beginning of the
First Rzeczpospolita, the period of a
szlachta-run "Commonwealth". In 1520 the Act of Bydgoszcz granted the Sejm the right to convene every four years, with or without the king's permission. At about that time the
Executionist Movement, seeking to oversee law enforcement, began to take shape. Its members sought to curb the power of the Magnates at the Sejm and to strengthen the power of the monarch. In 1562 at the Sejm in Piotrków they forced the Magnates to return many leased
crown lands to the king, and the king to create a standing army
wojsko kwarciane. One of the most famous members of this movement was
Jan Zamoyski.
End of the Jagiellonian dynasty , first elected monarch of Poland-Lithuania Until the death of
Sigismund II Augustus, the last king of the
Jagiellonian dynasty, all monarchs had to be elected from within the royal family. However, from 1573, practically any Polish noble or foreigner of royal blood could potentially become a
Polish–Lithuanian monarch. Every newly elected king was supposed to sign two documents: the
Pacta conventa, the king's "pre-election pact", and the
Henrican articles, named after the first freely elected king,
Henry of Valois. The latter document was a virtual
Polish constitution and contained the basic laws of the Commonwealth: • Free election of kings •
Religious tolerance • The Sejm to meet every two years • Foreign policy controlled by the Sejm • A royal advisory council chosen by the Sejm • Official posts restricted to Polish and Lithuanian nobles • Taxes and monopolies set up by the Sejm only • Nobles' right to disobey the Monarch should s/he break any of these laws. In 1578 king,
Stefan Batory, created the
Crown Tribunal to reduce the enormous pressure on the
Royal Court. This placed much of the monarch's juridical power in the hands of the elected szlachta deputies, further strengthening the nobility as a class. In 1581 the Crown Tribunal was joined by a counterpart in Lithuania, the
Lithuanian Tribunal.
Magnate oligarchy . Drawing by
Jan Matejko, circa 1893 For many centuries, wealthy and powerful members of the szlachta sought to gain legal privileges over their peers. In 1459
Ostroróg presented a memorandum to the
Sejm (parliament), submitting
palatines, or
Voivodes of the Polish–Lithuanian Commonwealth, receive the title of
prince. Sons of the prince were to receive titles of
counts and
barons.
Castellans of the Polish–Lithuanian Commonwealth were to receive the title of count. All these submissions were rejected. In the 1840s
Nicholas I reduced 64,000 of lesser szlachta to a particular commoner status known as
odnodvortsy (literally "single-householders"). Despite this, 62.8% of all Russia's nobles were Polish szlachta in 1858 and still 46.1% in 1897.
Serfdom was abolished in Russian Poland on 19 February 1864. It was deliberately enacted with the aim of ruining the szlachta. Only in the
Russian Partition did peasants pay the market price for land redemption, the average for the rest of the
Russian Empire was 34% above the market rates. All land taken from Polish peasants since 1846 was to be returned to them without redemption payments. The ex-serfs could only sell land to other peasants, not szlachta. 90% of the ex-serfs in the empire who actually gained land after 1861 lived in the 8 western provinces. Along with
Romania, Polish landless or domestic serfs were the only ones to be given land after serfdom was abolished. All this was to punish the szlachta's role in the uprisings of 1830 and 1863. By 1864 80% of szlachta were
déclassé – downward social mobility. One quarter of petty nobles were worse off than the average serf. While 48.9% of the land in Russian Poland was in peasant hands, nobles still held onto 46%. In the
Second Polish Republic the privileges of the nobility were legally abolished by the
March Constitution in 1921 and as such not reinstated by any succeeding
Polish law. == Culture ==