Sejm of the Polish–Lithuanian Commonwealth


The General Sejm was the bicameral legislature of the Polish–Lithuanian Commonwealth. It was established by the Union of Lublin in 1569 following the merger of the legislatures of the two states, the Sejm of the Kingdom of Poland and the Seimas of the Grand Duchy of Lithuania. It was one of the primary elements of the democratic governance in the Commonwealth. The sejm was a powerful political institution. The king could not pass laws without its approval.
The two chambers of a sejm were the Senate consisting of high ecclesiastical and secular officials, and the lower house, , the sejm proper, of lower ranking officials and the representatives of all szlachta. Together with the king, the three were known as the sejming estates, or estates of the sejm.
Duration and frequencies of the sejms changed over time, with the six-week sejm session convened every two years being most common. Sejm locations changed throughout history, eventually with the Commonwealth capital of Warsaw emerging as the primary location. The number of sejm deputies and senators grew over time, from about 70 senators and 50 deputies in the 15th century to about 150 senators and 200 deputies in the 18th century. Early sejms have seen mostly majority voting, but beginning in the 17th century, unanimous voting became more common, and 32 sejms were vetoed with the liberum veto provision, particularly in the first half of the 18th century. This vetoing device has been credited with significantly paralyzing the Commonwealth governance.
In addition to the regular sessions of the general sejm, in the era of electable kings, beginning in 1573, three special types of sejms handled the process of the royal election in the interregnum period. In total, 173 sejms met between 1569 and 1793.

Etymology

The Polish word sejm is derived from old Czech sejmovat, which means to bring together or to summon. In English, the terms general, full, or ordinary sejm are used for the sejm walny.

Genesis

The Sejm of the Polish–Lithuanian Commonwealth was established by the Union of Lublin in 1569 and merged the Sejm of the Kingdom of Poland and the Seimas of the Grand Duchy of Lithuania. Both countries had centuries-long tradition of public participation in policy making, traced to the Slavic assembly known as the wiec. The sejmik "little sejm" was a regional or local assembly, among whose later tasks were sending delegates and instructions to the "general sejm". Another form of public decision making in Poland was that of royal election, which occurred when there was no clear heir to the throne, or the heir's appointment had to be confirmed. With time the power of such assemblies grew, entrenched with milestone privileges obtained by the nobility particularly during periods of transition from one dynasty or royal succession system to another. Tracing the history of the Sejm of Poland, Bardach points to the national assemblies of the early 15th century, Jędruch prefers, as "a convenient time marker", the sejm of 1493, the first recorded bicameral session of the Polish parliament. Sedlar, however, noted that 1493 is simply the first time such a session was clearly recorded in sources, and the first bicameral session might have taken place earlier.
The first traces of large nobility meetings in the Grand Duchy of Lithuania can be found in the Treaty of Salynas of 1398 and the Union of Horodło of 1413. It is considered that the first Seimas of the Grand Duchy of Lithuania met in Hrodna in 1445 during talks between Casimir IV Jagiellon and the Lithuanian Council of Lords. As the Muscovite–Lithuanian Wars raged the country almost continuously between 1492 and 1582, the Grand Duke needed more tax revenues to finance the army and had to call the Seimas more frequently. In exchange for cooperation, the nobility demanded various privileges, including strengthening of the Seimas. At first the Seimas did not have the legislative power. It would debate on foreign and domestic affairs, taxes, wars, state budget. At the beginning of the 16th century, the Seimas acquired some legislative powers. The Seimas could petition the Grand Duke to pass certain laws.

Political influence

Sejms, including their senate, and sejmiks severely limited the king's powers.
Already the Sejm of the Kingdom of Poland has a great impact on the king's powers. From 1505 the king could not pass laws himself without the approval of the sejm, this being forbidden by Polish szlachta privilege laws like nihil novi. According to the nihil novi constitution, a law passed by the sejm had to be agreed by the three estates of the sejm. There were only few areas in which the king could pass legislation without consulting the sejm: on royal cities, peasants in royal lands, Jews, fiefs and on mining. The three estates of the sejm had the final decision in legislation on taxation, budget and treasury matters, foreign policy and ennoblement. The sejm received fiscal reports from podskarbis, and debated on most important court cases, with the right of amnesty. The sejm could also legislate in the absence of the king, although such legislation would have to be accepted by the king ex post.
Following the Constitution of 3 May 1791, the senate's competences were altered; in most cases, the senators could only vote together with the sejm, and the senate's veto powers were limited. Legislative power was limited to the deputies of the sejm. The king, who nominated senators, ministers and other officials, presided over the senate, and could propose new laws together with the executive government, over which he also presided. The sejm also had the supervisory role, as government ministers and other officials were to be responsible to it.

Voting

Until the end of the 16th century, unanimity was not required and majority voting predominated. Later, with the rise of the magnates' power, the unanimity principle was enforced with the szlachta privilege of liberum veto. From the second half of the 17th century, the liberum veto was used to paralyze sejm proceedings and brought the Commonwealth to the brink of collapse. The growing power of sejmiks also contributed to the inefficiency of the sejm, as binding instructions from sejmiks could prevent some deputies from being able to support certain provisions. The pro-majority-voting party almost disappeared in the 17th century, and majority voting was preserved only at confederated sejms. The liberum veto was finally abolished by the Constitution of 3 May 1791.
Reforms of 1764–66 improved the proceedings the sejm. They introduced majority voting for items declared as "non crucial" and outlawed binding instructions from sejmiks. Reforms of 1767 and 1773–75 transferred some competences of the sejm to the commissions of elected delegates. From 1768, hetmans were included among the senate members, and from 1775 also the Court Deputy Treasurer.
In the senate there was no voting; after all the senators who wished had spoken on a given matter, the king or the chancellor formed a general opinion based on the majority.
The Constitution of 3 May 1791 finally abolished the liberum veto, replacing it by majority voting, in most important matters requiring 75% of the votes.

Composition and electoral ordinance

The sejm comprised two chambers, with varying numbers of deputies. After the 1569 Union of Lublin, the Kingdom of Poland was transformed into the federation of the Polish–Lithuanian Commonwealth and the numbers of sejm participants were significantly increased with the inclusion of the deputies from Lithuanian sejmiks. The deputies had no set term of office, although in practice it was about four months long, from their election at a regional sejmik, to their report on the next sejmik dedicated to hearing and discussing the previous sejm's proceedings. Deputies had parliamentary immunity and any crimes against them were classified as lèse-majesté.
The two chambers were:
  • The senate consisting of high ecclesiastical and secular officials; it was an evolution of the royal council. The senate numbered over 140 bishops and ; it grew from 149 around 1598–1633 to 153 around 1764–1768, and 157 during the era of the Great Sejm. The Constitution of May 3 set their number at 132.
  • The lower house, , the sejm proper, of lower ranking officials and general nobility. In the Polish–Lithuanian Commonwealth, the number of lower house deputies exceeded that of the senators. In 1569 it was composed of 170 deputies representing and elected by a local sejmiks. The 170 included 48 from Lithuania. Deputies from several cities and towns were allowed a status of observers. The number of deputies grew to around 236 in 1764–68, dropping to 181 during the time of the Great Sejm. The Constitution of May 3 set their number at 204, including 24 non-voting representatives from cities and towns.
The Constitution of May 3 specified that the deputies were elected for two years, and did not require reelection in that period if any extraordinary sejms were to be called. Senators, for the most part, were selected by the king from a number of candidates presented by the sejmiks.
Due to population size differences between Lithuania and Poland, the Grand Duchy had three times less representatives than the Crown. Usually larger voivodeships could send 6 deputies, smaller 2; ziemias, depending on their sizes, would send 2 or 1. Numbers of deputies elected to the sejm by sejmiks from particular localities, in the order of precedence, based on a 1569 decree, were as follows:
#ConstituencyVoivodeshipDeputies
1KrakówKraków6
2PoznańPoznań6
3Oświęcim–ZatorKraków2
4VilniusVilnius2
5AshmyanyVilnius2
6LidaVilnius2
7VilkmergėVilnius2
8BraslawVilnius2
9SandomierzSandomierz7
10KaliszKalisz6
11TrakaiTrakai2
12HrodnaTrakai2
13KaunasTrakai2
14UpytėTrakai2
15SieradzSieradz4
16WieluńSieradz2
17Leczyca ŁęczycaLeczyca Łęczyca4
18SamogitiaSamogitia2
19Brześć KujawskiBrześć Kujawski2
20DobrzyńBrześć Kujawski2
21KievKiev6
22InowrocławInowrocław2
23LvivRuthenia2
24PrzemyślRuthenia2
25SanokRuthenia2
26HalychRuthenia2
27ChełmRuthenia2
28VolhyniaVolhynia6
29PodoliaPodolia6
30SmolenskSmolensk2
31StarodubSmolensk2
32LublinLublin3
33PolotskPolotsk2
34BelzBelz4

#ConstituencyVoivodeshipDeputies
35NavahrudakNavahrudak2
36SlonimNavahrudak2
37VawkavyskNavahrudak2
38PłockPłock2
39VitebskVitebsk2
40OrshaVitebsk2
41CzerskMasovia2
42WarsawMasovia2
43WiznaMasovia2
44WyszogródMasovia2
45ZakroczymMasovia2
46CiechanówMasovia2
47Lomza ŁomżaMasovia2
48RóżanMasovia2
49LiwMasovia2
50NurMasovia2
51DrohiczynPodlachia2
52Bielsk PodlaskiPodlachia2
53MielnikPodlachia2
54Rawa MazowieckaRawa Mazowiecka2
55SochaczewRawa Mazowiecka2
56GostyninRawa Mazowiecka2
57Brest-LitovskBrest-Litovsk2
58PinskBrest-Litovsk2
59ChełmnoChełmno2
60MstsislawMstsislaw2
61MalborkMalbork2
62BratslavBratslav6
63GdańskPomerania2
64MinskMinsk2
65MazyrMinsk2
66RechytsaMinsk2
67LivoniaLivonia6
68ChernihivChernihiv4