The General Procurators of the Teutonic Order towards the Polish-Teutonic Conflict (original) (raw)
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In response to the editors' request from the editors of the Warsaw international journal, Quaestiones Medii Aevi Novae, for a placement of the history and historiography of medieval Poland in a broader medieval European framework, I use the law as a subject suitable for that analysis. As studied by general medievalists over the past quarter century, the law entails several phenomena which are comparable, that is, not strictly speaking similar, but conceptually consistent across time and space. Such phenomena include: litigation, disputes, and settlements; norms, rules, and normative frameworks; relationship between rule and process; areas of substantive law, such as property, violence and criminality, and status. After a brief survey of the quite disparate historiographies of these subjects produced in Poland and in the English-speaking world, the article, first, identifies the range of comparable phenomena salient for legal history, and, second, moves to a close case study of such phenomena, based on the Henryków Book. In particular, the Book's two authors present a rich array of disputes and settlements. The article uses that material to present a collective study of dispute settlement, and closes with an overview of those patterns in dispute settlement which are directly comparable to their counterparts elsewhere in medieval Europe—thus situating a key part of historical reality in a broader medieval perspective.
Annales UMCS sec. F History, 2020
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Ordines Militares Colloquia Torunensia Historica. Yearbook for the Study of the Military Orders, 2019
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History of Law and Other Humanities, 2019
Łuxnsz Goł-łszE\vSKI Uniuersita of Warsau sebastian Fabian klonor,t ic is one of the polish rvriters of the turn of the Renaissance and Baroque who is hardly knolvn even in Polarrd. Moreover, not until recently have the new shldies revealed many details of his life', disproving many myths and statemetrts unsupported by primary sources. However, there are still periods of Klonorvic's life that are little known, especially his edtrcation and youth. K]onowic was born in Sulmierzyce, in Poznań Voivodeship in 1545'. It is unknown where he received an education: all hypotheses (also these about his learning in the Benedictine monastery or studies at the llniversiĘv of Cracow) are based on more or less probable conjectures3. It is undeniable, however, that lre did not get an academic degree, although he acquired a thorouglr knowledge in a wide range of fielclsa, including the Bible and arrcient atttlrors, to whom he referred in his literary otrtput. For exarnple, in ,Iudąs's Sacks Klonorvic mentioned Apuleius, Aristotle, Horace, Liry, Mańial, Terence and Virgil. The author was also łvell-versed in Greek and Ronran mytholog}* as well as provisions of the Law of the Twelve Tables. In the abovementiorred work, Klonowic recalled his stay in Pezinok in Hungary (modern Slovakia) in 156O6 and Ćesk1, Knrrnlov in N{oravia (nrodern Czech Republic)? ten years later; however, the reason for Klonowic's stay in tlre l{absburg lands retnains undetermined8. * This study \Ą,as possibly thanks to a contract rł,hith the Foundation for Polish Scietrce (FNP). r !\rrśxrt}vsKA (zoo6); Wtśrtrwsrł (zoto). 2 Wtśxtprvsrł (zoo6), pp. 11-12, also a biography by Nłoousru (tg6z-tg68), p. 4. 3 Wtśxtnrł,sxł (zoo6), pp. 13-L4, Nłoosru Qg6r-ry68), p. 4. 4 Discussecl by Wlśxtplvsrlł (zoo6), pp. t4-t6. 5 For the purpose of the article \t,e are using the critical edition: KloNolflc (rq6o) (hereinafter: .Iudasis Sack). 6 See ibideDl, p. L42, v. 31. 7 See ibidem, pp. 113-114. B WlśN,Iglvsrrł (zoo6) p. t4, Neoousro (1967-1968), p. 4. In ,Iudas's Sack Klottowic ŁUKASZ COŁASZEWSK| For the most of his life Klonorł.ic lived irr Lublin, where he arrived in r57o and, climbing the career ladder, he gained experience in the urban chancery. Finall.v*, he become a councillor in 1594 (it was a lifetime post at that time) and for the first tinre the mayorg. The choice of Lublin was probably driven by the presence of his relatives and friends from Sulmierzyce there. Most likely, klonowic was not a member of the Minor Reformed church of poland that was forrned in Lublin at that time, as the preserved sources do not list him as a member of any of Protestant congregations, nor allow for determinirrg any direct contacts rvith dissidents'o. A]so assumptions as to his syrnpathizing rł,ith protestants or Arians" seern baseless since for several years he governed in Psary village belonging to tłre Benedictine monasterl, in Sieciechów'"; what wrote a few Bohemian lvords together łvith their translations on marginssee ibidem, trlp. LL4, l.53, rB5 and 186; Wtsmawsnł (zoo6), p. t55. g lbidem, pp. 75-77. The position of a ccrttncillor in Lublin was lif'elong, whereas the elected mayor was a go\/ernor tor a tt,imester (Klonowic \Ą,as re-electecl four times). There were differentiated urban electoral sl,stems in individual tolrnrs of the Polish-Lithuanian comnronrł,eaitlr, althouglr in large and rnedium urban centres the lifelong tor,rt councils \,vcrc rzlther tl,picalas a rule, the members of the cotrncil were the wealthiest btrrghers. The cotrrrcils usuall_v recnrited new members b_v-cooptation. See Boc[,TcKA. Słlłsoxowlcz (t9B6), pp. 454-457. 1o Sce Wiśniewska (zoo6), pp. r7-r8 ancl 93-94. It does not nec:essarily nlean that he did nclt httve any contacts with themthe nrajority of his r,vot,ks, includin g,Iudas's Sack rvas printed in Arian printirrg houses. In the Dedication of ,Iudasis ,Srrck the author declared that God became a man bl, tlre Annunciatiorr to the virgin Mury, lvhiclr inciines trs to reject the assumptions as to Klonorł,ic's Ańanismsee Judasis Sack, p. 65. 11 Exlrressed for example in Por-ułrc (tg6ą), p. 321. 12 As tlre vogt of the tnonastery village, Psary, Klonowic appears in the tou,n books of Lublirr for the first tinre on February 3, 1589, although alread1, in r5B3 he was mentionecl łrmong the witne ses in the privilege of Józef Wereszcry,ński, the Kievan Bishop and the abbot of the monaster], in Siec.iechów, for the monastery town Sieciechów * see Wt.śxIE\{srł (zoo6), pp. 44 arrd ą6.It is noten,orth}, that Klonorvic c:ooperated rvith the bishop also in the field of literattlrebetrł,een 1587 and r5BB he wrote a poem in memorial of the Chełm chapter, which wa.s posted in the collection of sermons of the bishop. He also translated into latin bishop's two speeches fronr the inten,egntlm period, as rvell as the characterizaticln of the virtrtes of an ideal monarch addressed to the nerł4\, elected king sigisrnund III Vasaibidem, tr)p. 51-54. Furthermore. in 1597 he published in print the Ptrlish trłrnslation of The RuIe of Saint Benedtcf dedicated to the Kievan Bishop, rł,hereas in t6oz there lvas published another literary r,r,ork honouring the Archbishop of Lviv, Jan Dymitr Solikorł,ski, who rł,as made the abbot of the nronastery in Sieciechów after Wet,eszczynski deceased in 1597ibtdenl, pp. 95-96 and to3. As a rerł,ard for the rł,ork for the nronastet_r-, itr rsBB 377
Revista da Faculdade de Direito da Universidade Federal de Minas Gerais, [ed.] C. Vano, H. Pihlajamäki, R. Sontag, 2019
The focus of this article is the analysis of the actual shape of implementation of one of the most characteristic solutions of the French legal system in the Polish territories of the 19th century, that is the separate commercial judiciary. Following the 1807 establishment of the French protectorate, Duchy of Warsaw, the new state adopted the French Civil Code, Code of Civil Procedure and the Commercial Code. The judiciary was reorganized to imitate the French model, although with some significant divergences from the original. Thus, a number of foreign legal acts were cast ad hoc from post-revolutionary France into the Polish feudal reality. Along with them came not only new institutions, imposed with no time for their gradual development, but also a conceptual apparatus that had never before functioned in the Polish lands. The institution of commercial judiciary, which constitutes an inherent feature of the French system, has grown roots strong enough on the Polish territories to survive by a long time the obligations that resulted from the French protectorate. It is nonetheless important to analyze its evolution on the Polish territories, especially since Polish scholars have been avoiding a complex elaboration of this topic for over 200 years.
Early modern Poland-Lithuania was particularly important for Holy See’s political and the religious projects in that it was seen to constitute a “bulwark of Christianity” and the West’s cultural external boundary. For this reason, the problems of discontinuity of the royal dignity and free elections became important for the papacy. This article illustrates the role of papal diplomacy in the parliamentary practice of Polish-Lithuanian interregnums from 1572 to 1676, in particular during key moments like the Convocation Sejm, the Election Sejm and the coronation ceremony. Its aim is not only to describe the political activity of apostolic nuncios, but also to focus on their ceremonial role. The topic is also closely connected to the question of papal neutrality and the image of a padre comune, ideas that were constantly evolving during the early modern period. Keywords: Early Modern Poland-Lithuania, Royal Dignity, Papal Diplomacy, Ceremonial Role.
ROMAN LAW IN PEOPLE’S POLAND. STAGES OF TRANSFORMATION
The Journal of Juristic Papyrology. Supplement XXIX. Mater familias. Scritti romanistici per Maria Zabłocka, 2016
The article presents the difficult history of the teaching of Roman law in Poland in the period of 1944-1989. The standards concerning the education of lawyers favoured by the socialist authorities aimed at making it more practical. People’s Poland needed lawyers with the “proper” world-view. At that time the ideology of the socialist regime played a great role in politics. The Soviet ideology rejected Roman law as the law of the slavery-based system in which the private property dominated. Consequently, the state socialist authorities in Poland were against the study of Roman law and tried to eliminate it from the university curriculum. Despite these difficulties and pressures, Roman law as a university subject was still taught in centres of legal education between 1944 and 1975. In 1975, following the reform of the law studies in Poland, the subject was incorporated into the History of law and disappeared as an autonomous discipline for six years. Roman law was reintroduced into the law curriculum in 1981, when universities in Poland gained more freedom in this respect. Since then it has been taught mainly in the first year of studies, though its scope of teaching has been narrower than in the inter-war period. The relation between the Socialist law and Roman Law is still an interesting subject, and it is worth a further and more in-depth examination.
Along with my articles (typically, well after their dates of their publication), I now place on this website a small subset of my conference presentations. That subset includes pieces I am unlikely to rework into articles, either because I am "saving" the relevant material for full treatment in a monograph, or because the presentation is sui generis (specific to the subject of a conference rather than to my other ongoing work), or because it develops some theme or angle present in work previously published, but, in my view, not subject to development in a full separate article. Enclosed here is a presentation in the first category: a very brief preview of one of the subjects I will treat in my next book, namely the types and the framework of courts in Piast Poland—in this case, courts held according to "Polish," or indigenous law, and according to "German law." At this stage, very much work in progress…