The Sovereign Power of Parliaments and Kingdoms, Appendix · Subpart 3
Polan….
For the Kings and Kingdome of Poland. Martinus Chromerus in his Polonia lib. 2. De Republica et Magistratibus Poloniae, oSee Munst. Cosmog. l. 4. c. 2. 4. 5.informes us; that the Princes and Dukes of Poland, before it was advanced unto a Kingdome, and the Kings of it ever since it became a Realme, were alwaies, elected by the chiefest Nobles and States, unanimous suffrages; That after the Kings of Poland, became Christians, their power began to be more restrained then it was at first, the Clergy being wholly exempt from their royall Iurisdiction: That the king cannot judge of the life or fame of a knight (unlesse in some speciall cases) without it be in the assembly of the Estates with the Senate, not yet publickly make Warre or Peace, with any, nor impose Taxes or Tributes or new Customes, nor alienate any of the goods of the Realme, nor yet doe or decree any greater thing pertaining to the Common-wealth without the Senates or Parliaments assent. Neither can hee make new Lawes, nor publickly command money in an extraordinary manner, nor coine money, nor nominate a Successor not with the Senate, without the consent of the Nobility, whether of Knights or Gentlemens Order; By, or out of whom all publicke Magistrates and Senators almost are chosen: so as now the summe or cheifest power of the Republicke is residing in them. So that the Kingdome and Republicke of the Polonians doth not much differ in reason from, that of the Lecedae …onians in ancient times, and of the Venetians now. An Oath is exacted of the new King when he is crowned, to this effect. That he shall raigne according to the Lawes and institutes of his Predecessors; and will safely conserve to every order and man his right, priviledge, and benefit, confirmed by former Kings; nor will he diminish any of the borders or goods of the Realme, but will according to his power recover those that are lost from others: After all which the Senate sweare fealty to him, &c. The Revenues, Tributes, and Customes of the king are all reduced to a certainty; the Nobles & Clergie are exempted from Taxes. The King by the Lawes of King Alexander, is prohibed to alien to any one the Lands of the Crowne. No new Lawes can be made, nor old ones repealed but by the king, Senate and Nobles assembled in Parliament. And because there is wont to be in highest power, a slippery and ready degree to Tyrannie, certaine Senators and Councellours are adjoyned to the King, who may direct his Councells And Actions to the safety of the Common-wealth, and his judgements according to the Rule of justice and equitie, and with their wholsome monitions and Councells, may as there shall be occasion, as it were with certaine living Lawes, both informe his minde and moderate his power. This Royall Sena…e, much greater now then in times past, consists of a certaine number of men, w…ich wee call the Senators or Councellours of the REALME; who are not admitted to the Councell without an Oath: and this Office is perpetuall during life, having certaine Honours and Magistracies thereto annexed, partly Ecclesiasticall, partly Civill; It consists of 96. persons in all, some of them Bishops, others Palatines, Knights, Castellanes, and other Officers of the Realme. The Chancellor of the Realme may s…gne many things without the Kings Privitie, and may deny to seale those things which are contrary to Law, though the king command them. Most of the great Officers and Magistrates are chosen in Parliament, and cannot be displaced but in Parliament, and that for some great offence. Their Parliaments or Generall Assemblies of the States are held (much like ours) once every yeare at least, and some times every fift or sixth monethmonth, if there be occasion; and then they are kept constantly at one place, to wit at Pet…icow, or Warsavia in the midst of the Kingdome, unlesse it be upon some extraordinary just occasion, and then the king by advice of this Councel may sommon the Parliament at another place. It is provided by a Law within these 20 yeares; That it shall not be lawfull to the King to make a warre without the assent of his Parliament and Great Councell; and that the Nobles as oft as there is occasion, shall at their owne costs without wages defend the borders of the Realme, yet not without the King, unlesse it be during the Interregnum; but they may not be compelled to goe out of the Realme to any Forraigne warre without wages: the Souldiers wages are reduced to a certainety, and asseased by publicke consent in Parliament, which Orders all Military and Civill Affaires. So Cromerus.
For their carriage towards their ill Kings, I shall give you onelyonly a short account.pMunst. Cosm. l. 4. c. 7. 1…. Martinus Chrom…us de Rebus Polonorum. Heylins Geog. p 378 Gaguinus Chytraeus, and others. Miesco their second King, being unfit to governe, a man given wholly to his belly, ease, sleepe, pleasure, and governed by his Queene, thereupon most of his subjects revolted from him; and he dying the Polonians at first for many yeares, refused to chuse Cazimirus his Son King least he should follow his fathers steps; till at last after a long Interregnum, when he had turned Monke, they elected him King. Bolestaus his sonne, a man of a dissolute life, given to lust, and the pest of the Realme, was excommunicated by the Bishop of Cracow for his wickednes; for which cause he slew him: Whereupon the Pope deprived him, and Poland of the Crowne, and absolved his Subjects from their obedience to him, who expelled and forced him to flee out of the Realme into Hungary, where he became mad and died. My…zlaus the 10. King of Poland, exercising tyranny every where upon his people by reason of his power and allies, was deposed by his subjects, and Cazimirus elected King in his stead; He was three or foure times deposed and put by the Crowne; Boleslaus who succeeded Henry, was deprived of the Monarchy; Henry was surprised and most strictly imprisoned. Boleslaus was slaine by his Nobles; and Vladisiaus Locktect, elected King in his stead, ravishing virgins, Matrons, and not reforming things according to promise; the Nobles hereupon assembling together An. 1300. abrogated his election, as pernicious, and chose Wenceslaus King of Bohemia, King in his place: And not to recite more ancient histories of such like nature,qDavid Chytraeus, Chron. Sax. l. 23. p. 690. 693. 694. 695. 695. 696. Grimstens Imperiall history. p. 694. 695. King Henry the third of Poland was elected and sworne King upon conditions Which he was to performe Anno 1574. After which he secretly departing out of Poland, without the assent of the Nobles, to take possession of the Crowne of France, within 3. monthes after his Coronation in Poland: the Polonians sent Messergers after him to Ferrara, Iune 16. 1574. who denounced to him, that unlesse he returned into Poland, before the 12 of May following, they would depose him, and elect another King: Which he neglecting, they in a generall assembly of the Estates at Wa…sa…ia, deprived him of the Crowne, and elected a new King: the Chancellor and greatest part of the Counsellers elected Maximilian the Empero…r; Some others, with the greater part of the Nobility, desiring to have one of the Polish blood, elected Anne sister of their deceased King Sigismund, giving her for husband Stephen Battery Prince of Transylvania, and proclaimed him King. The Emperour making mary delayes, Stephen in the meane time enters Poland, marrieth Anne, and is crowned King by generall consent, Febr…ary 8. 1576. who tooke this memorable Coronation Oath prescribed to him by the Nobles. I Stephen by the grace of God elected King of Poland, great Duke of Lithuania, &c. promise and sacredly sweare to Almighty God, vponupon these holy Evangelists of Iesus Christ, that I will hold, observe, def…rd and fulfill in all conditions, articles, and points therein expressed, all Rights, Liberties, Securitus, pri…dges publike and private, not contrary to the common Law, and Liberties of both Nations, justly and lawfully given and granted to the Ecclesiastickes and s…culars, Churches, Princes, Barons, Nobles, Citizens, in h…bita…ts, and any other persons of what state and condition so ever by my go…ly Predecessors, Kings, Princes or Lords of the Kingdome of Poland, and of the great Dukedome of Lithuania, especially by Casim…r, Lewis the great, called Loys, Vladislaus the first, called Iagiello and his brother Withold great Duke of Lithuania, Vladislaus the 2. Casimyrth. 3. Iohn Albert, Alexander, Sigism…nd the first, and 2. Augustus, and Henry Kings of Poland and great Dukes of Lathuania; or derived and granted from them, together with the Lawes enacted, and established or offered by all the States during the Interregnum, and the pacts and agreements of my Orators, made with the States in my name. That I will defend and maintaine peace and tranquility between those who differ about Religion; neither by any meanes, either by Our Iurisdiction, or by any authority o… Our Officers or states, permit any to be troubled or oppressed, neither will we our Selfe injure or oppresse any by reason of Religion. All things any way whatsoever unlawfully alienated, or distracted, either by war…e or any other meanes, from the Kingdome of Poland, the great Dukedome and their dominions, I will re-unite to the propriety of the said Kingdome of Poland, and great Dutchy of Lithuania. I wil… not diminish the lands of the Kingdome and great Dukedome, but defend and enlarge them. I will administer justice to all the inhabitants of our Kingdome, and execute the publike Laws constituted in all my Dominions, without all delaies and prorogations, having no respect of any persons whatsoever. And if I shall violate my Oath in any thing (which God forbid) the Inhabitants of my Realme, and of all my Dominions of what Nation soever, shall not bee bound to yeeld me any Obedience: Yea, I doe Ipso facto free them from all Faith and Obedience which then owe unto me as King. I will demand no absolution from this my Oath of any one, neither will I receive any, which shall be voluntarily offered, So helpe me God. To this notable Oath (an unanswerable evidence of the States of Polands absolute Soveraignty over their Kings) this King within 4. dayes after his Coronation, added a confirmation of their Priviledges, containing the same heads, enlarged with a few more words; which he confirmed with his solemne deed and Royall Seal, and delivered the same to the Chancellor, and Vice-chancellor of the Realme to give out Coppies of them, under the great Seale to all the States of the Realm; who meeting s afterwards in a Parliaments, at Wansauia, Anno. 1562; there was much debate about setling of the Premises, and nothing concluded.
tChytraeus Chron. Sax. l. 25. p. 765. 766. l. 27. p. 809. 810. & l. 28. 29. &c. p. 948. 949.Anno 1587, the States of Poland questioned and opposed K. Stephen, xChytraeus Chron sax l. l. 28. 29, 30. Grimst. Imp. Hist. p. 698. 699.for violating their Priviledges, and those of Riga tooke up armes in defence of them; refusing after his death to repaire to the Assembly of the States at Warsauia, Anno 1587. vnlesse their Priviledges might be preserved and rectified, as you may read at large in Chytr…us. King Stephen dying the Estates of Poland, and Lithua…ia, assembled at Warsauia, Anno 1587. where they made Lawes for preserving the Peace during the Inter regnum; and enacted, that no new King should be elected, but by the unanimous consent and agreeing Suffrages of all the Estates, and that he who shall nourish factions, or receive gifts or rewards, or use any other practises about the election of a new King, should bee reputed an Enemy of his Country. After which they proceeding to an Election; there were divers competitors named: and after many debates; One part chose Maximilian Duke of Austria, the other Sigismund the King of Swethland his Sonne, both of them uppon expresse articles and conditions, which they both sealed and swore unto, the chiefe whereof were these; To preserve all their Rights, Lawes, Priviledges, and Immunities publike or private, inviolably, To keepe all former Leagues and Truces; To bestow no Offices upon strangers nor harbour any about them, (except some few Private servants) but natives onelyonly, and to be counselled and advised by them alone. To maintain a Navy, Garrisons, and build divers Castles in the Frontiers at their Owne costs for the Kingdomes preservation; To redresse all grievances, maintaine the Priviledges, Rights and Peace of those who differed in Religion; To procure and augment the weale, peace, Priviledges and safety of the Realme; and perform all Articles mentioned in the Oathes of King Henry and Stephen; In fine, this competition comming to bee determined by the sword: Maximillian was taken prisoner by Sigismund, and forced to release his right to obtain his liberty: And a Decree passed in Parliament, That no man hereafter should in the Election of the King of Poland, presume to name, or recommend any of the house of Austria to the Crown, and if any did he should be ipso facto infamous: Which decree the Emp. Rodolph desired might be abolished, as being a disparagement to that family, yet prevailed not. After which this King managed all things concerning Warre, Peace, and the Government of the Realm, by advice of his Parliament, as Chytraeus at large relates; and his Successors to this present have done the like, taking the Crown upon such conditions, and making such conditionall Oathes at their Coronations, as Steven did at his.