This chapter presents a classification of medieval legal sources, dividing them into three main categories: normative sources, doctrinal sources, and sources of practice. The authors examine each category, its scope, characteristics, and interactions, emphasizing the complexities and fluidity of medieval legal culture.
- Origins and Development
- The Sejm emerged as a bicameral assembly in 1468, composed of senators and elected deputies representing noble territories (sejmiks).
- Its evolution was marked by key milestones such as the Nihil novi nisi commune consensu constitution (1505), which established that no law affecting public liberties could pass without the approval of both chambers.
- Composition and Function
- The Senate included royal counselors, ecclesiastical leaders, and high-ranking officials, while the Chamber of Deputies represented local noble assemblies.
- The king retained significant legislative powers but needed Sejm approval for broader reforms, creating a dynamic interplay between monarchical authority and noble representation.
- Legislative Authority and Procedures
- Legislative processes began with royal convocations, followed by local sejmiks where deputies were elected and instructions issued.
- Debates in the Sejm were characterized by consensus-building, with laws requiring approval from senators, deputies, and the monarch.
- Consensus and Conflict
- The principle of consensus (nemine contradicente) governed legislative decisions until the 17th century, later giving rise to the liberum veto, which allowed a single deputy to block decisions.
La législation de la Diète: exemples et évolutions (Legislation of the Diet: Examples and Evolution)
- Scope of Legislation
- The Sejm addressed political, social, and economic issues, such as:
- Regulating noble privileges (e.g., restrictions on landownership for non-nobles in 1496).
- Reforming judicial procedures, including inheritance laws and property disputes.
- Establishing the Crown Tribunal (1578) as an independent supreme court.
- Managing taxes and tariffs, often balancing royal prerogatives with noble autonomy.
- Royal Prerogatives vs. Legislative Authority
- Despite the Sejm’s growing authority, the monarchy retained the power to issue privileges and laws addressing specific domains, such as royal estates and monopolies..
- Integration with the Polish-Lithuanian Commonwealth
- Following the Union of Lublin (1569), the Sejm became a central institution of the Polish-Lithuanian Commonwealth, uniting representatives from both Poland and Lithuania. Its constitutional role was further solidified by the Henrician Articles (1573), which required biennial Sejm sessions.
Sources on Polish Law and Historiography
The chapter concludes by reflecting on the historiography of Polish law, including the earliest printed compilations such as the Łaski Statute (1506) and modern critical editions like the Volumina Constitutionum series. These sources illuminate the Sejm’s legislative practices and its centrality to Polish legal and political history.
Conclusion
The Polish Sejm exemplifies the dynamic interplay between royal authority, noble representation, and legal innovation in medieval and early modern Poland. By integrating diverse legal traditions and balancing competing interests, the Sejm established itself as a unique legislative institution that shaped Poland’s legal and political landscape.
