CONFRONTATION AND COOPERATION 1000 YEARS OF POLISH–GERMAN–RUSSIAN RELATIONS V OL . I(V)/2019: 21–28 DOI: 10.2478/conc-2019-0003 Joanna Górska-Szymczak Jagiellonian College in Toruń, Poland Grzegorz Górski Jagiellonian College in Toruń, Poland The Federal Structure of the Polish–Lithuanian Commonwealth in the 16th–18th Centuries Key words: Poland, Lithuania, history, administration, Lublin Union Act Introduction These people had an authentic influence on public -af fairs both on the local and central level3. Institutional Compared to any other country of the 16th–18th cen- shape of the Polish-Lithuanian Commonwealth – the tury Europe, the Polish-Lithuanian Commonwealth Res publicae – a country with a king presiding over the was a state of truly unique structure. The model of gov- institutions of the state, but also a republic under the ernment that evolved in this country involved a special rule of its citizens, was an expression of these influences4. form of relations between the authorities of the state, In the end of the 16th century almost all European represented by both the King, and the elective politi- countries began the process of strong centralization of cal institutions of the united nations, that was unheard the royal power. It was mostly a result of the Reforma- of elsewhere at the time1. Paradoxically, similar to the tion. Reformation broke the domination of the Roman French king Louis XIV in the end of the 17th century, Catholic Church and made the new protestant church- a large sub-group of the citizenry of the Commonwealth 2 could refer to itself using the statement – „State is me” . of interesting remarks in interesting problems in N. Davis, God’s Playground: a history of Poland, vol. 1, Oxford 1981 1 More about this unique state can be found in: W.J. and in A. Zamoyski, The Polish Way: o thousand years’ history Redoway (ed.), The Cambridge History of Poland, Cambridge of Poles and their culture, London 1989. 1951. 3 It was result of process which excellently described in 2 See more about in very interesting studies: J. Jędruch, his book H.J. Berman, Law and Revolution. The Formation of Constitutions, Elections and Legislatures of Poland 1493– the Western Legal Tradition. Cambridge, Ma, 1983. –1977, Washington 1982 and S. Płaza, Próby reform ustroj- 4 H. Olszewski in his study: Rzeczpospolita. Przyczynek owych w czasie pierwszego bezkrólewia, Kraków 1969. Płaza do dziejów ideologii politycznoprawnej w dawnej Polsce. [in:] wrote about first period of shaping new model of Common- Sejm w dawnej Rzeczypospolitej. Ustrój i idee. Vol 2 [Com- wealth. In other study J.A. Gierowski, The Polish – Lithu- monwealth.Cause to the History of Legal and Political Thought anian Commonwealth in the XVIIIth Century. From Anarchy in Poland [in:] Sejm in Former Poland. Structure and Ideas], to Well – organized State, Kraków 1996, concentrated on fi- Poznan 2002 gave interesting review about understanding of nal phase of its functioning. In this study a lot of remarks the term Rzeczpospolita – Commonwealth in 15th and 16th about absolutistic European context. We can also find a lot century Poland. 22 Confrontation and cooperation. 1000 Years of Polish-German-Russian relations es and most of national catholic churches much more D. Eliazar7, V.D. Lutz8, V. Ostrom9, J. Wayne Baker10, dependent on the secular authorities. It also opened the and many others. First let us briefly present their mean- door to successive strengthening of dominance of secu- ing of federalism, which is strongly different from the lar rulers over their subjects. one accepted in Europe. Among the expressions of this tendency were a liqui- Daniel Eliazar played a fundamental role in develop- dation, or far reaching limitation and marginalisation, ing American research on federalism. He has identified of the representative institutions shaped in the 13th– the sources of American federalism, and argued that –14th centuries, and ruthless determination in the proc- they remain influential up to-date. According to Elia- ess of liquidation of the territorial and administrative zar the modern concept of federalism was introduced diversity in most of the European countries. A natural in the 16th/17th century works of the radical Calvinist follow-up was a process of forcing new, unified forms of thinkers, including H. Bulinger, Ph. Duplessi-Mornay, administration of the country5. and J. Althusius, and also the better known T. Hobbes, The former model of the state, which allowed for and J. Locke. the autonomy of territorial structures, and respected These writers drew influence from the Books of Old a diversity of liberties for various forms of corporation Testament and were strongly anti-Catholic and anti- has been saved only in the Netherlands Provinces, and -Lutheran. Their concepts of political and social order partly in the Swiss Cantons. In each of those states were based on reaction to the contemporary situation there was no strong central authority, and in conse- in the Catholic and Lutheran countries. This contem- quence no pressure on territorial and other communi- porary context made them uninterested in the fact that ties. Both examples, however, are incomparable with their ideas were similar to those presented by the ear- Polish-Lithuanian state. The United Netherlands Prov- lier Christian thinkers like St. Thomas of Aquinas and inces obviously played an important role in the interna- Marsilius of Padua. Anti-Catholic attitude made them tional politics, but never have been a European super- also oblivious to the Polish-Lithuanian experience, even power. Swiss cantons have never even been a European though it was a practical not a theoretical one. D. Elia- power. Both countries had small territories and small zar who has been fascinated by these Calvinist ideas also populations. Polish-Lithuanian Commonwealth with omitted the Catholic accomplishments. an area of about 1 mln. sq. km, and with the popu- D. Eliazar analysed the formation of modern notion lation that the middle of the 17th century was larger of covenant in comparison with the notions of com- than that of Germany or England, has been a leading pact and contract. He has differentiated between the European superpower6. For that this structure has been contract, which had a private character, and the com- really unique in Europe. pact and covenant, which both had a public character. Compact and covenant also differed with respect to the relation to God. Compact has been understood as an The federal state agreement among the people, and covenant has been the same but under God’s authority. It was also a cov- In order to understand properly the essence of the enant with God and the oath has played key role in it. formal structure of the past Polish-Lithuanian state it is helpful to use the definition of federal state that is known from the works of American scientists including 7 On the first place we have to mention his book: Cove- nant and Commonwealth: From Christian Separation through Protestant Reformation. The Covenant Tradition in Politics, vol. II, New Brunswick–London 1996. 8 D. Lutz, Lutz, From Covenant to Constitution in Ameri- can Political Though. [in:] Publius: The Journal of American 5 Interesting presentation of this process we can find in: Federalism: 1980, vol. 4, and also more about it in: The Ori- R van Caenegem, An Historical Introduction to Western Con- gins of American Constitutionalism, Baton Rouge 1988. There stitutional Law, Cambridge 1995. are also a lot of interesting literature 6 Commonwealth’s population in the middle of 17th cen- 9 V. Ostrom, The meaning of American Federalism. Con- tury amounted Rzeczpospolita 11 mln. people while Germa- tinuing a Self – Government Society, 1991 which is a sum- ny 10,3 mln. and England only 6,6 mln. people. See: Histo- mary of his and his wife’s years of studies about federalism. ria Polski w liczbach. Ludność. Terytorium [History of Poland 10 J. Wayne Baker, Faces of Federalism: From Bullinger in Numbers. Population. Teritory]. Warszawa 1993, p. 20. to Jefferson,Publius: The Journal of Federalism 2000, vol. 4. Joanna Górska-Szymczak, Grzegorz Górski: The Federal Structure... 23 In his interesting study, J. Wayne Baker character- Legal basis for the Commonwealth ized very precisely and succinctly the ideas of Bulinger, Mornay, and Althusius. D. Lutz showed how strongly The first stage of struggle for the shape of state ended these ideas influenced the Framers of the United States in the early 16th century. At the 1505 session of Sejm in and their Constitution. Radom the constitution (act) Nihil novi was accepted. Generally speaking, all these authors saw roots of the This new regulation granted Sejm the legislative author- federal model in the covenant background. The agree- ity (together with the king) in all matters of the state. ment of people with God and among themselves, under Nation became a crucial element in shaping legal order the God’s law, authorized by Him, strengthened by the of the state14. oath, and right to fight with all those who are acting Culmination of the second stage of this struggle against the agreement, including the king or another came in the middle of second part of the 16th century. state power, and, finally, a crucial role of the community Four extremely important regulations further shaped of people – this is a nature of the covenant – federal the constitutional structure of the Commonwealth. system. They were the following: These analyses of the background of modern feder- 1. Lublin Union Act of 156915, alism conclude that Calvinist concepts were some kind 2. Warsaw General Confederation Act of 157316, of a return to the ideas characteristic to 11th–13th cen- 3. Henry’s Articles of 157317, and turies, and they were both rooted in the writing of Old 4.