The Modernisation of the Court System in the Grand Duchy of Lithuania: Changes to the Organisation of the Local District Courts and Regulation of Judges’ Duties in 1764–1793

Abstract

In the mid-18th century, with the spread of the ideas of the Enlightenment, fundamental reforms of the state’s governance were introduced in the Polish-Lithuanian Commonwealth. Part of the state’s modernisation concerned the reform of the court system, considered by 18th-century political theorists to be one of the composite branches of the state administration (alongside the treasury, the police and the army). During the reign of Stanislas Augustus Poniatowski, the work of the courts of first instance underwent reform on several occasions in Poland and Lithuania: with the passing of laws in 1764, 1792 and 1793 on the structure and organisation of the activities of the castle and land courts, the existing court system was changed, as was the procedure for electing judges, also defining the scope of competency of the courts, regulating court activities and the duties of judges, introducing new requirements for the handling of court procedural documents, and the calculation of judges’ working hours. During the course of the introduction of these reforms, principles reflecting the administrative ideas of the Enlightenment were gradually entrenched in the court system of the Polish-Lithuanian Commonwealth, which concerned the election of judges and other court officials, the acceptance of collegial decisions, the elimination of the influence of any blood and marital ties, and the principles for remuneration, seeking to introduce stricter requirements for the qualification of judges. In this article, based on legislation on the organisation of court activities passed at the diets (Sejm) of the Polish-Lithuanian Commonwealth and documents from the dietines (sejmiki) of the Grand Duchy of Lithuania, the author seeks to analyse changes to the activities of the courts and the regulation of judges’ duties, and reforms made in the court chanceries between 1764 and 1793.