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Church and State in Communist Poland

ALSO BY MARIAN S. MAZGAJ In the Polish Secret War: Memoir of a World War II Freedom Fighter (McFarland, 2009)

Church and State in Communist Poland A History, 1944 1989 MARIAN S. MAZGAJ McFarland & Company, Inc., Publishers Jefferson, North Carolina, and London

LIBRARY OF CONGRESS CATALOGUING-IN-PUBLICATION DATA Mazgaj, Marian S., 1923 Church and state in communist Poland : a history, 944 989 / Marian S. Mazgaj. p. cm. Includes bibliographical references and index. ISBN 978-0-7864-5904-9 softcover : 50# alkaline paper . Catholic Church Poland History 20th century. 2. Church and state Catholic Church History 20th century. 3. Church and state Poland History 20th century. 4. Poland Politics and government 20th century. I. Title. BX566.M38 200 282'.4380904 dc22 200025078 British Library cataloguing data are available 200 Marian S. Mazgaj. All rights reserved No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage and retrieval system, without permission in writing from the publisher. Cover image 2010 Shutterstock Manufactured in the United States of America McFarland & Company, Inc., Publishers Box 611, Je erson, North Carolina 28640 www.mcfarlandpub.com

Ad Majorem Dei Gloria et Beatae Virginis Mariae I dedicate this work to the Blessed Memory of my Dear Parents, Joseph Alexander and Josephine Soja Mazgaj, who through the grace of God brought me to this beautiful world and gave me the rudiments of Christianity; Dear Uncle and Aunt Anthony and Antonia Mazgaj, who helped me on the way to the priesthood and enabled me to come to the U.S.A.; the Rev. Dr. Jan Budzinski, the Very Reverend Dr. Adam Szymanski, and the Very Reverend Dr. Vincent Granat, who encouraged me in my theological studies; His Excellency Jan Kanty Lorek and His Excellency Dr. Franciszek Jop, who granted me the sacred orders of Diaconate and Priesthood; and the Very Reverend Dr. Ignatius Rozycki, the Very Reverend Dr. Wladyslaus Wicher, and the Rev. Dr. Meletius Wojnar, O.S.B.M., who guided me in my graduate philosophical, theological, and legal studies.

Acknowledgments I wish to express my profound thanks and sincere appreciation to the Most Reverend Jan Kanty Lorek, Bishop of Sandomierz, Poland, for the opportunity to pursue graduate studies in Canon Law at the Catholic University of Lublin, Poland, and at the Catholic University of America in Washington, D.C. I also welcome the opportunity to thank the members of the faculty of the School of Canon Law for their scholarly lectures and guidance, and in particular to the Reverend Dr. Meletius M. Wojnar, O.S.B.M., and the Reverend Dr. Frederick R. McManus for their encouragement in doing this study. At the same time, I wish to thank Dr. Peter Siekanowicz, head of the Polish Section of the European Law Division of the Library of Congress, for facilitating my research there; and as well to the staff of the Ohio County Public Library for providing me with necessary books from the Library of Congress. I am grateful also to my son, Joseph M. Mazgaj, for helping me to obtain the most recent legal documents governing the Church-and-State relationship in Poland and to my Dear wife, Mildred Juanita, for encouraging me in my writing career. Finally, a grateful acknowledgement is due to Sister Dr. Patricia A. Hodge, R.S.M., head of the English Department of Carlow University, Pittsburgh, Pennsylvania, for polishing the style of this work. vi

Table of Contents Acknowledgments vi Preface 1 Introduction 5 1. The Legal Status of the Church in Pre-War Poland 9 2. Abrogation of the Concordat 20 3. Legal Status of the Church in Postwar Poland 30 4. Legislation Affecting the Temporal Goods of the Church 53 5. The Church s Teaching Activity in the Schools 68 6. Legislation Affecting Christian Marriage 102 7. The Main Events Affecting Church-State Relations 115 8. The 1989 Statute on Church-State Relations 129 9. The 1993 Concordat with the Vatican 143 10. The 1997 Constitution of the Republic of Poland 158 Conclusions 163 Epilogue 166 Chapter Notes 177 Bibliography 189 Index 193 vii

Preface Communism, as a system of government, experienced a confrontation with a predominantly Catholic nation for the first time in 1944. The nation was Poland, where Roman Catholics constitute ninety-six percent of population. Until the end of World War II, the Communist system developed and grew in the areas where the Russian Orthodox Church was the prevailing religion. This church, being rather national, With the destruction of the tsarist lost the basis of its authority and Communist Revolution in Russia, the was under the authority of the state. government, the national Church of Russia strength. Within a few years following the Russian Orthodox Church was organizationally

destroyed and subjugated to the atheistic and anti Christian regime. The methods by which the leaders of Communism destroyed the Russian Church became classical ones for the future Communist campaigns against religion. At the end of World War II, Poland suffered the invasion of Communism. Hence, the physical powers of Communism met with the spiritual powers of Catholicism, and a unique experience of a stupendous life-and-death duel began for both powers. The Communist leadership was shaken by the great spiritual strength of the Catholic Church in Poland. At the same time, it was puzzled by the fact that the communistic methods of dealing with religion, although successful in the Soviet Union, were ineffective when applied in Poland. In this connection, Stalin used to say that Communism fits on Poland as well as a fine horse s saddle fits on a cow. In spite of the facts that the legitimate Polish Government was forced to remain out of the country, the Communist Government was imposed by Russia, and there were millions of Russian soldiers stationed throughout Poland, still the Catholic Church was not weakened. The first acts of persecutio n of the Church and attempts at limiting its activities convinced the Communists that, in the Catholic Church, they were confronted with a new and thus far unknown to them phenomenon. This made them understand 1

that the classical methods of persecution must be changed or that new ones be invented. The history of the persecution of the Church in Poland, especially Communist legislation affecting the Church, witnesses the constant changes of the Communist strategy. Methods of persecution and laws issued at the headquarters of Communism were quite often changed on the Polish battlefield. This resulted in much confusion in the Communist camp. Laws, decrees, or orders written ad hoc, in many instances contradicting each other, indicated that the Communist laws were issued only for propaganda purposes rather than for practical applications. Scholars encounter many difficulties in questions connected with Communism. First of all, documents that reveal real facts are available only in fragments or in small numbers. Most of the Communist documents have been destroyed or kept locked in secret archives for the sole purpose of concealing crimes. Secondly, legislative texts of Communist Governments are often at variance with actual practice. Thirdly, scholars who had not have an opportunity to observe the Communist system at work, or have not experienced it themselves, are incline to understand and evaluate Communism in accordance with traditional terms and concepts. An analysis of communistic activities requires special preparation and a special approach. I hope that this work will throw some light on the very complicated problem of the legal relationship between the Catholic Church and the Communist State in Poland. This study is a fragment testifying to the intense persecution of the Church by the Communists and their intention to destroy it. At the same time, this work intends to highlight the heroic resistance and fight of the Church in Poland to defend both the Holy Faith and the thousandyear-old Polish Catholic heritage. The Introduction of this work presents general information concerning Poland to serve as a background for following chapters. Chapters 1 and 2 deal with the 1925 Concordat concluded between the Holy See and the Polish prewar Government. Chapter 3 is concerned with the legal statues of the Catholic Church in the Communist-controlled Poland. It reviews the laws, decrees, orders, and agreements concerning the Church. Chapter 4 discusses the legislatio n that affects the temporal goods of the Church, while Chapter 5 deals with the teaching activity of the Catholic Church in the schools. Chapter 6 describes Communist attempts to destroy the Catholic family and the heroic response of the Church in defense of the morals and life of its children. Chapte r 7 discusses main events, which had vital influence on the State-Church relations and eventually lead to weakening of the Polish Communist Government and to its desperate Statute of 1989. Chapter 8 presents the Statute of 2 PREFACE

1989, which provides freedom for the mission of the Church, its magnificent opportunities, and great benefits for the promise of support in the forthcoming elections. Chapter 9 describes the 1993 Concordat, which the new and democratic Polish Government not quite willingly signed with the Holy See. Chapter 10, describes, quotes, and comments on the articles and paragraphs of the 1997 Polish Constitution, which are relevant to the incipient Polish democratic Government. These two final chapters belong, par excellence, to the dawning of the Polish independence and democracy. Preface 3

Introduction Historical Background of the Church in Poland Point thirteen of President Wilson s fourteen points, as announced in January, 1917, called for free and independent Poland as one of the basic aims for the Allies.1 In 1918, the new Polish State was established. The fact that Poland has been occupied for 123 years by foreign powers affected every phase of its national life. The new Polish Government had a tremendous task. It had to remedy the disastrous effects of a long period of oppression and neglect and to rebuild all that what had been ruined and destroyed during World War I. Moreover, in 1919 the Bolsheviks attacked Poland. This time the tradition al Russian drive to enslave the Poles, the Ukrainians, and the White Russians had a new and powerful weapon, Communism. At that time, Lenin was the leader of Russian Communism and his declared policy was an immediate world revolution. The Communists had strongholds in Germany, Rumania, Hungary, and Italy. If Poland had been conquered at that time, the road would have been opened for the Communist conquest of the whole Europe. The Communist plans failed, however. The small but heroic Polish army, supported by the entire nation, repelled the Red Army, and on March 18, 1921, Communist Russia and Poland signed the peace treaty in Ryga.2 On the preceding day, March 17, 1921, the New Polish Constitution had been adopted by the nation. Several years later, in 1925, the Polish Government concluded its Concordat with the Holy See.3 The period of time from the end of World War I to the beginning of World War II in 1939 was marked with a new development of spiritual as well as national life in Poland. In 1939, Nazi Germany and Communist Russia invaded Poland from the West and from the East. The subsequent occupation brought disaster in the life of the Church, and in many parts of Poland, the ecclesiastical organiza tion was stifled.4 Churches and chapels were frequently converted into 5

restaurants, motion picture theaters, clubs, and arsenals; priests were deported and executed.5 In 1944, the Red Army liberated Poland from the Nazi occupation and brought with it the Communist-sponsored government, whose legitimacy and powers depended upon the might of the Soviet troops. Thus, the Polish nation and the Catholic Church in Poland entered a new era an era which will be discussed from the legal perspective in further chapters of this work. The Population of Poland According to the census of 1931, Poland was then inhabited by 32,348,000 people. By September 1, 1939, this population had increased to approximately 35,100,000.6 Yet during the war and occupation, Poland lost over six million people.7 After the subtraction of the Ukrainians and White Russians, one may estimate that the population of Poland in 1945 numbered close to 23,000,000. According to the United States Census Bureau, the populatio n of Poland reached 27,545,000 on January 1, 19568; at the end of 1959, the population totaled 29,500,000.9 By December 1960, the number of inhabitants reached 30,000,000. At the same time, Poland has the youngest population in the world. Over 50 percent of the citizens are under the age of 30. Ninety-five percent of the inhabitants of the country are Roman Catholics. When, during World War II, Polish pilots in the Royal Air Force distinguished themselves in the defense of London, Winston Churchill asked a professor of the London School of Economics, a native of Poland, what the Poles are like, he answered: They are like the Irish, only more so. A British writer, J. B. Priestly, who revisited Poland in 1972, said about Polish people that They are more alive than most people, less inclined to turn themselves into zombies and robots.... They are very brave, tenacious, quite clever, and at the same time slightly gentle and refreshingly unpredictable. 10 The Administrative Division of the Country In 1939, the country had seventeen provinces, called wojewodzctwa, which were divided into 264 counties, called powiaty. The counties were composed of small administrative units, named gminy. During the 1945 50 period, there were sixteen provinces. The major postwar changes occurred in June, 1950, when three new provinces were formed in the Western Territories. After these changes, there were nineteen provinces erected and these were subdivided into 400 counties. Town and urban settlements are often incorporated into independent regions urban counties (powiaty miejskie).11 6 INTRODUCTION

Form of Government Originating from the Middle Ages, Poland s form of government has an extensive constitutional and parliamentary tradition. The king shared his power with a bicameral parliament, which was composed of Diet (Sejm) and the Senate (Senat).12 The leaders of the new Poland, after World War I, drew up the new 1921 Constitution. All real power was concentrated in the lower house (Sejm) of a bicameral legislature chosen by popular suffrage for a period of five years. The executive power was vested in a President, elected by a joint session of Parliament for a seven-year-period.13 In 1944, the Soviet-sponsored Polish Committee of National Liberation declared in the Manifesto that Poland s future governmental structure would be founded on the basic principles of the 1921 Constitution.14 Later, these undefined principles became the legal basis for some structural changes and the sovietization of the Polish governmental institutions. In 1952, the Polish Communist Government, without regard to the will of the nation, adopted the new Constitution, which was based on the Soviet Constitution of 1936.15 It should be noted, here, that there is a great difference between Communist constitutions and those of the Free World. The constitutions of the Free World aim at limiting the power of state organs and guaranteeing the rights of the citizens against the state. The constitutions of the Communist countries, based on the principles of dictatorship, uphold the authority of the state against the citizens. Furthermore, though the Communists used the traditio nal legal terminology, they frequently give it a new meaning. Introduction 7

CHAPTER 1 The Legal Status of the Church in Pre-War Poland The relationship of the Church and State in pre World War II Poland was governed mainly by the 1921 Constitution and by the 1925 Concordant. Under this legislation, the Church enjoyed stability in its organization as well as an opportunity to carry out its divine mission. The Church positively and constructively influenced the life of the entire nation and played important role in the furtherance of education, social justice, public welfare, and public health. In addition, the Church played a leading role in the reconstruction of the country after the long occupation and the ravages of World War I. It contributed notably to the development of the new Poland. The 1921 Constitution On March 17, 1921, the Polish Constituent Assembly adopted a new Constitution for Poland.1 According to the old Polish tradition, its initial sentence refers to God. The preamble reads, In the Name of God Almighty! We, the Polish Nation, expressing our gratitude to Providence for liberating us from a century and half of captivity.... 2 This preamble was bitterly criticized by the post World War II leaders of Poland. They called it a mystical formulation of the preamble, without any practical meaning, and held that it was against the freedom of conscience of the citizens.3 Of course, this criticism was not justified because the articles of the Constitution provide freedom of conscience and religion for all citizens of the Republic of Poland. Two of the articles refer directly to this matter. Article 111. Freedom of conscience and religion shall be guaranteed to all citizens. No citizen shall, by reason of his faith or religious convictions, be limited in his access to rights enjoyed by other citizens. All inhabitants of the Polish State shall have the right to profess their creed freely in 9

public and in private and to practice precepts of their religion or ritual, provided, that this is not contrary to public order or public morals. Article 112. Freedom of religion shall not be used in a manner contrary to law. No one shall evade performance of his public duties by a reason of his religious faith. No one shall be compelled to participate in religious activities or rituals, unless subject to parental or guardian s care.4 By virtue of these two articles, on the one hand, all citizens of the Republic were granted a complete and equal right to profess their faith freely. Membershi p in a religious body did not limit the rights and privileges of a citizen. On the other hand, this freedom of conscience could not be used in such a way that it would violate the law of the land. Immediately after World War I, Jehovah Witnesses and Baptists came to Poland to engage in missionary work. The Jehovah Witnesses refused to perform military service and to defend the country.5 Manifestly, the second sentence of Article 112 was drawn up as the result of the Government s experience with this sect. The next article of the Constitution provided that all religious associations have the rights to organize public religious services, to have their own internal government, to possess and administer property, and to establish auxiliary institutions. It reads as follows: Article 113. Every religious association recognized by the Government shall have the right to hold collective and public religious services, to conduct its internal affairs independently, to possess and acquire, to administer and dispose of personal and real property, to hold and utilize its foundations and funds, and also, to establish institutions for religious, scientific, or philanthropic purposes. A religious association may not, however, remain in opposition to the law of the State.6 By this article, the Constitution acknowledged that every religious association recognized by Government enjoyed a legal personality.7 Since Catholicism is the religion of the great majority of Polish citizens, the Roman Catholic Church was given a special position: Article 114. The Roman Catholic Faith, being the religion of a great majority of the nation, occupies a leading position in the State among other religions, which however, also enjoy equal rights. The Roman Catholic Church is governed by its own laws. The relation of the State to the Church shall be determined on the basis of an agreement with the Holy See, which shall be subject to ratification by the Sejm.8 By this article, the Constitution ipso facto recognized the Catholic Church and the fact that the Church is governed by its own laws. Other reli10 CHURCH AND STATE IN COMMUNIST POLAND

gious denominations or associations needed special enactment, in order to be recognized by the State. Moreover, this article left the details of the relation ship between the Church and the State to an agreement with the Holy See. The following articles refer to churches other than the Catholic Church and make provision for the official recognition of the legal statues: Article 115. The Churches of religious minorities and other legally recognized religious associations shall be governed by their own laws, which the State shall not refuse to recognize, provided that they do not contain provisions contrary to law. The relationship of the State to these churches and religious denominations shall be determined by legislation after an understanding has been attained with their authorized agencies. Article 116. Recognition of a new religious denomination or one hitherto legally recognized shall not be refused to religious associations whose organization, teaching, and structure are not contrary to the public order or public morals.9 In analyzing Articles 115 and 116 one can distinguish three different religious groups for which provision is made. There are first of all churches and religious minorities already recognized by the State. Secondly, Article 115 refe rs to other religious associations also legally recognized by the Government. Finally, Article 116 treats those religious groups which are not officially reco gnized. Those not yet recognized may be either newly emerging denominations or old ones lacking approval. On the one hand, these two articles do not directly concern the Catholic Church, although from the manner of their expression one can clearly deduce the privileged legal status of the Catholic Church. On the other hand, these two articles reflect the spirit of tolerance and religious liberty in Poland of the 1920s. Article 117 acknowledged full freedom for the erection of private schools, which were not to be subject to the supervision of the State.10 And Article 120 of the Constitution provided mandatory religious instruction in the public schools.11 The Constitution of 1921 was in force until April 23, 1935, when the Government forced the Sejm to pass, as Halecki says, an authoritarian Constitutio n, which was a complete antithesis of the previous one. 12 This new 1935 Constitution diminished greatly the previous power of the Sejm, increasing at the same time the power of the President, who was responsible only before God and History. 13 However, as far as the status of the Church was concerned, these changes of the Constitution were of no consequence because the 1935 Constitution upheld in this respect the provisions of the 1921 Constitu tion. 14 1. The Legal Status of the Chrch in Pre-War Poland 11

The 1925 Concordat From 1795 to 1918, Poland was divided into three parts; and each of these parts was governed by either Russia, Prussia, or Austria. The Church indeed functioned while Poland was subject to the domination of these three powers, but in these three divisions of the country there was no uniform ecclesi astical legislation. Under Russia, Church-State relationships were regulated by the Bull of Circumscription of Pope Pius VII, Ex imposita Nobis, of June 30, 1818,15 and the Concordat concluded between Pope Pius IX and the Russian emperor Nicolas I on October 3, 1874.16 In the Polish territories under Prussia, the relationships between the Church and the State were governed largely by the Bull, De salute animarum, of July 16, 1821,17 which provided for the boundaries of the dioceses, and regul ated the appointments of the ordinaries, the erection of the cathedral chapters, and the endowment of the clergy. Under the Austrian dominion, the Concordat concluded by Pius IX with Francis Joseph I on August 18, 1855, was in force.18 The Austrian government, however, unilaterally abrogated this Concordat in the Law of May 7, 1874.19 However, the Holy See did not recognize this abrogation as a legally valid act, and therefore, in principle, the Concordat was in force in these Polish territories until the end of World War I.20 Immediately after regaining its liberty and independence by the Treaty of Versailles on July 28, 1919, the Polish government evinced a sincere desire to conclude a concordat with the Holy See.21 The expression of this desire was found in the 1921 Constitution, which ruled that the relationship of the State to the Church shall be determined on the basis of a agreement with the Holy See.22 Finally, on February 10, 1925, the Concordat was concluded. It was signed by the following: Cardinal Gasparri as a representative of Pope Pius XI; Wladysl aw Skrzynski, the Polish Ambassador to the Holy See; and Professor Stanislaw Grabski, a member of the Sejm. Both Skrzynski and Grabski acted as representatives of Stanislaw Wojciechowski, the president of Poland.23 The Concordat was ratified by the Polish President on May 30, 1925, and its text was published in Dziennik Ustaw Rzeczypospolitej Polskiej (Journal of Law of the Republic of Poland).24 The Holy See promulgated it in the Acta Apostolicae Sedis on June 2, 1925.25 According to Article twenty-seven, the Concordat went into effect two months after the exchange of the documents of ratification. The exchange was actually effected in Warsaw on June 2, 1925.26 The Concordat was promulgated 12 CHURCH AND STATE IN COMMUNIST POLAND

in two languages, French and Polish: the French text alone in the Acta Apostolic ae Sedis; both the French and the Polish in the official gazette Dziennik Ustaw Rzeczypospolitej Polskiej. The official and authentic text is the French, while the Polish translation has some inaccuracies.27 The Concordat contains twenty-seven articles and additional protocol concerning the endowment of the clergy. The first Article of the Concordat states that the Catholic Church, without distinction of rite, shall enjoy full liberty in Poland. The State guarantees the Church the free performance of its spiritual power and ecclesiastical jurisd iction, and also freedom for the management and administration of its affairs and properties in accordance with the divine and Canon Law.28 Freedom of communication is the matter of the second Article. According to this article, the bishops, the clergy, and the faithful shall freely and dire ctly communicate with the Holy See. The bishops in exercising their functions shall communicate freely and directly with their clergy and faithful, and shall be able to publish their instructions, orders, and pastoral letters.29 The third Article concerns friendly relations between the Holy See and Poland. It states that for the maintenance of friendly relations, an Apostolic Nuncio shall reside in Poland, and an ambassador of the Republic of Poland shall reside at the Holy See. The powers of the Apostolic Nuncio in Poland shall be extended to the territory of the Free City of Gdansk (Danzig).30 In the fourth Article, the State gives assurance that the civil authorities shall give their assistance in the execution of ecclesiastical decisions and decrees: first, in the case of an ecclesiastic s deposition from office, or his de pravation of an ecclesiastical benefice, and the prohibition to wear the priestly garb; secondly, in the case of the collection of taxes or contributions destined for the Church s purposes and foreseen by the law of the State; thirdly, in all other cases provided by the law of the State.31 The fifth and sixth Articles provide for the protection of the clergy and of the holy places. Accordingly, all ecclesiastics shall enjoy special legal pro tection in the exercise of their ministry. Moreover, like the functionaries of the State, their salaries shall be exempt from judicial seizure. Ecclesiastics a fter their ordination, religious after pronouncing their vows, and seminarians and novices who had entered seminaries or novitiates before a declaration of war shall be exempt from the military service, except in the case of universal consc ription. In the case of a universal draft, clerics who are ordained priests shall perform their priestly duties in the service, provided the welfare of a parish does not suffer as a result. The other members of the clergy shall be called to the medical corps. In addition, the ecclesiastics shall be exempted from civic obligations that are incompatible with the priestly vocation, such as jury duty, 1. The Legal Status of the Chrch in Pre-War Poland 13

membership in tribunals, and so on.32 Churches, chapels, and cemeteries shall enjoy immunity in the measure consistent with public safety.33 According to the seventh Article, the Armed Forces of Poland shall enjoy privileges and exemptions, which the Holy See is accustomed to give to the armed forces according to the prescription of Canon Law. Especially the chaplain s shall have the rights of pastors in relation to servicemen and their families. They shall perform the duties of their ecclesiastical office under the jurisdict ion of a bishop for the Armed Forces, who shall have the right to select them. The Holy See recognizes the subjection of the clergy to the authority of the Armed Forces as far as their military service is concerned.34 Article eight states that on Sundays and on National Feast Day, May the Third, all officiating priests shall recite a liturgical prayer for the prosperi ty of Poland and its president.35 Article nine regulates the territorial organization of the Church. Accordingly, no part of Poland shall depend on a bishop whose see lies outside of the Polish frontiers. The Catholic hierarchy of Poland shall be organized as follows: A. The Latin Rite will have five ecclesiastical provinces with twenty dioceses: (1) The Gniezno-Poznan Province: the Archdiocese of Gniezno-Poznan, the Dioceses of Chelmno and Wloclawek. (2) The Warsaw Province: the Archdiocese of Warsaw, the Dioceses of Plock, Sandomierz, Lublin, Podlasie, and Lodz. (3) The Wilno Province: the Archdiocese of Wilno, the Dioceses of Lomza and Pinsk. (4) The Lwow Province: the Archdiocese of Lwow, the Dioceses of Przemysl and Luck. (5) The Cracow Province: the Archdiocese of Cracow, the Dioceses of Tarnow, Kielce, Czestochowa, and Silesia. B. The Greek-Ruthenian Rite (also: the Greek Ukrainian Rite): The Lwow Province: The Archdiocese of Lwow, the Dioceses of Prezemysl and Stanislawow. C. The Armenian Rite: The Archdiocese of Lwow. The Holy See shall not undertake any modification of this hierarchy or any circumscription of the provinces and dioceses except in accord with the Polish Government. Minor corrections of boundaries, which are necessary for the welfare of the faithful, may be made without a previous agreement of the Government.36 The erection and modification of ecclesiastical benefices of congregations and religious orders, as well as of their houses and establishments, shall perta in 14 CHURCH AND STATE IN COMMUNIST POLAND

to the competent ecclesiastical authority. Whenever such measures entail expenses to the State Treasury, a prior agreement with the Government must be reached. Aliens shall not assume the positions of superiors over the provinces of orders without proper authorization from the Government.37 According to Article eleven, the election of archbishops and bishops pertains to the Holy See. The Pope consents to approach the President of Poland before the appointment of archbishops and diocesan bishops, of coadiutors cum iure successionis as well as the bishop of the Armed Forces, to insure that the president has no objections of a political nature to the nominee.38 Before assuming office, the above mentioned ordinaries, in the wording of Article twelve, shall take an oath of fidelity before the President of Poland according to the following formula: Before God, and upon the Holy Gospels, I swear and promise, as befits a bishop, fidelity to the Republic of Poland. I swear and promise to respect with the utmost loyalty, and to have my clergy respect the Government established by the Constitution. I swear and promise, further, that I shall not take part in any agreement or participate in any council, which could bring harm to the Polish State or to public order. I shall not permit my clergy to participate in such activities. In providing for the welfare and interests of the State, I shall endeavor to dispel all dangers known to me, which may threaten the State.39 Article thirteen provides for religious instruction. According to the first part of this article, in all public schools, except schools of higher learning, religious instruction is obligatory. The instruction of Catholic youth shall be carried out by teachers appointed by the school authority, exclusively from among the persons authorized by the ordinary to teach religion. The competent ecclesiastical authority shall supervise the religious instruction in all that r elates to its content and to the moral character of its teachers. In a case in which the ordinary deprives a teacher of authorization previously accorded to him, the teacher shall lose by this fact the right to give religious instruction. The same principles concerning the choice and revocation of the teachers shall apply to professors, associate professors, and assistant professors of the theol ogical faculties at State universities. The second part of this article states that in conformity with Canon Law, the Church shall have ecclesiastical seminaries, which the Church will direct and whose professors it will appoint. The diplomas issued by the major seminarie s will suffice for the giving of religious instruction in all public schools except schools of higher learning.40 Article fourteen deals with the Church s property, which enjoys a very 1. The Legal Status of the Chrch in Pre-War Poland 15

privileged position. No estate belonging to the Church shall be the object of any legal act affecting its purpose without the consent of the ecclesiastical authority, except in the cases provided for it in the law of expropriation for the betterment of highway and river transport, or for the defense of the country and similar purposes. In every case, immovable and movable property dedicated exclusively to divine service, such as churches, objects of veneration, etc., shall not be converted to the secular use without being first deprived of its sacred character by the proper ecclesiastical authority. No construction, change, or restoration of churches and chapels shall take place except in accord with the technical and artistic regulations which concern the construction of buildings and the preservation of monuments. Furthermore, in every diocese there shall be established a commission, appointed by the bishops, in agreement with the appropriate minister for the preservation of churches and ecclesiastica l places, ancient relics, works of art, archival documents, and manuscripts, which possess historical and artistic values.41 Article fifteen indicates the norm of taxation of the clergy, of their property, and of the ecclesiastical legal persons. Such taxation should be a par with that of other citizens and lay institutions. Buildings dedicated to divine worsh ip, buildings of ecclesiastical seminaries, houses for training for men and women religious, as also dwelling places of religious who take a vow of poverty, and endowments whose revenues are destined for religious worship, and for the personal use of the benefice-holders, enjoy a tax exemption. The residences of the bishops as well as the residences of the parochial clergy and their offic es shall be treated by the Treasury in the same manner as official residences of the State officials and the premises of the State institutions.42 Article sixteen states that all Polish ecclesiastical and religious legal person s have, according to the norms of common law, the right to acquire, dispose of, possess and administer, in accordance with Canon Law, their movable and immovable goods, as well as the right to appear before every court or authority of the State to defend their civil rights. Ecclesiastical and religious legal pe rsons are recognized as Polish, if the purpose for which they were erected concerns ecclesiastical and religious affairs of Poland, and if the persons authorized to represent them and to administer their goods live permanently in Poland. Ecclesiastical and religious legal persons, who do not meet the above-mentioned conditions, shall enjoy civil rights that the Republic of Poland provides for aliens.43 Article seventeen declares that ecclesiastical and religious legal persons have the right to establish, possess, and administer, according to Canon Law and in conformity with the common law of the State, the cemeteries destined for the burial of Catholics.44 16 CHURCH AND STATE IN COMMUNIST POLAND

According the Article eighteen, the clergy and the faithful of all rites who are outside of their dioceses shall be subject to the local ordinary in accord with the rule of Canon Law.45 In Article nineteen, the Republic of Poland guarantees to the competent authorities the right to confer dignities, offices, and ecclesiastical benefices according o the provisions of Canon Law. The following principles shall be observed when pastoral benefices are conferred. In the territory of the Polish Republic, pastoral benefices may not be obtained without permission of the Polish Government: (1) by aliens, as well as by persons, who did not study theology at the theological institutions in Poland or at the papal institutions; (2) by persons, whose activity endangers the safety of the State. Prior to the appointment to these benefices, the ecclesiastical authority will consult with the competent minister to ensure that there are no objections similar to those listed above. Within thirty days, if then minister has not made objections against the candidate, the ecclesiastical authority will make the appointment.46 Article twenty states that when the authorities of the Republic of Poland charge a cleric with activities endangering the safety of the State, the compete nt minister will present the charges to the ordinary. The bishop in consultation with the minister will make an appropriate decision within three months. In case of disagreement between the ordinary and the minister, the Holy See will select two ecclesiastics, who together with two delegates of the President of Poland will make a final decision.47 According to Article twenty-one, the right of patronage as enjoyed either by the State or by private individuals remains in force until a new agreement is made. The presentation of a worthy ecclesiastic to a vacant office will be made by a patron within thirty days from a list of three names proposed by the ordinary. If after thirty days, the presentation has not been made, the conferral of the benefice will become free. In the case of parochial benefits, the ordinary will beforehand consult the competent State minister in conformity with Article nineteen.48 The privilegium fori is regulated by Article twenty-two. If any ecclesiastic or religious is accused of violating the laws of the Republic, the competent ordinary shall be notified. The ordinary or his delegate shall have the right to scrutinize the official proceedings and the civil authorities shall proceed with due regard for the status and ecclesiastical rank of the accused. Ecclesiastics and religious (unless deprived of their ecclesiastical dignity by the ordinary) shall be detained apart from laymen. Should they be condemned to prison by the court, they will serve the punishment in a monastery or other religious house designated for that purpose.49 Article twenty-three treats the question of language. No change of the 1. The Legal Status of the Chrch in Pre-War Poland 17

language in the dioceses of the Latin Rite for sermons, additional devotions, and lectures other than those for sacred sciences in the seminaries shall not be made without a special authorization of a Conference of Bishops of the Latin Rite.50 Article twenty-four regulates the matters of the ecclesiastical property as follows: l. The Republic of Poland recognizes the right of proprietorship on the part of ecclesiastical legal persons to all real and personal property, capital goods, and annuities and other rights which these persons possess in the territo ry of the Polish State at the present time. 2. The Republic of Poland agrees that the above mentioned property rights, in cases wherein they were not entered into the records of the Recorder of Deeds under the name of legal persons possessing them (bishoprics, chapters, congregations, religious orders, theological seminaries, pastoral benefices, and other benefices, etc.), be entered into these records under the competent ordinary s declaration, and certified by the competent civil authority. 3. The question of Church property formerly confiscated by Russia, Austria, and Prussia, but now in the possession of the Polish State, will be regulated by a later agreement. Until that time, the Polish State guarantees to the Church a yearly endowment not less than actual value that was given by the Russian, Austrian, and Prussian Governments. The endowment will be computed and distributed according to the regulations included in Appendix A. In the distribution of these properties, episcopal benefices, seminaries, and pastoral benefices, which do not possess land or possess it in an insufficient quantity, shall receive it, if available, as follows: up to 180 hectares for a bishop s benefice; up to 180 hectares for a seminary; and depending on the quality of the soil, from fifteen to thirty hectares for the pastoral and simple benefice. The amount of the endowment, as indicated in the Appendix A, shall be reduced by fifty zlotys annually for each hectare in dioceses where lands have been distributed. 4. The Republic of Poland as a legal successor of the rights and obligations of the partitioning powers (Russia, Austria, and Prussia) shall distribute to ecclesiastical and religious legal persons goods which it will reclaim from these powers. The ecclesiastical and religious legal persons had been deprived of these above-mentioned goods by the partitioning powers. 5. In order to improve the economic and social conditions of the farming population and to promote Christian peace, the Holy See consents that the Republic of Poland may purchase from the episcopal benefices, seminaries, capitular benefices, pastoral benefices, and simple benefices arable land in excess of the following norms: fifteen to thirty hectares, according to the qual 18 CHURCH AND STATE IN COMMUNIST POLAND

ity of the soil, for parochial and simple benefices; 180 hectares for a capitula r benefice; 180 hectares for episcopal benefice; and 180 hectares for a seminary. In dioceses where seminaries do not possess farmlands independently of the lands possessed by the bishopric, 180 hectares shall be allotted to them in addition to the 180 hectares reserved for the episcopal benefice. 6. The above-mentioned ecclesiastical legal persons shall have the right to choose which parcels of land will remain in their possession according to the aforementioned scale. 7. The purchases of these lands shall be established in accord with the formula adopted for the repurchase of land belonging to private persons, and the Church will have the right to freely dispose of the money. 8. The Holy See agrees likewise that the arable lands in excess of 180 hectares, which belong to foundations of congregations and religious orders, and their charitable institutions, each considered as a separate farming unit, be repurchased by the State according to the regulations adopted for the repurch asing of land which belongs to lay legal persons. 9. Ecclesiastical and religious legal persons shall have an equal right with legal lay persons to proceed directly to the parceling out of their lands.51 Article twenty-five revokes all laws, ordinances, or decrees, which are incompatible with the provisions of the preceding articles of the Concordat.52 Article twenty-six states that the Holy See shall proceed within three months after the enactment of this Concordat and in agreement with the Government to the erection and separation of ecclesiastical provinces and dioceses as delineated in Article nine. The boundaries of the ecclesiastical provinces and dioceses shall correspond to the boundaries within the Polish State, and all ecclesiastical properties situated in Poland but belonging to ecclesiastical and religious legal persons residing outside the boundaries of the Polish State, and conversely, shall be the object of a special convention.53 Article twenty-seven determines when the Concordat is to go into effect that is two months after the exchange of the ratified documents.54 1. The Legal Status of the Chrch in Pre-War Poland 19

CHAPTER 2 Abrogation of the Concordat Some Details of the Abrogation Cardinal Hlond, the Primate of Poland, who had been interned by the Nazis during the last part of World War II, returned to Poland in July 1945. As the head of the Catholic Church in the country, he organized without delay the Church administration in the Recovered Territories, consecrated new bishops, reestablished seminaries, founded several Catholic papers, and revived the activities of convents. Under the effective leadership of the Primat e, the Church resumed normal operation.1 The Soviet-sponsored Government of Poland resented these activities of the Church and was preparing various means to limit them. The first major move of the Government was a resolution of the Council of Ministers on September 12, 1945, declaring the Concordat of 1925 no longer in force. Fifteen cabinet ministers voted in favor of abrogation and four voted against it.2 The Government did not take any customary diplomatic steps with the Holy See in its abrogation of the Concordat. Nevertheless, the resolution of the Council of Ministers, which appeared in a publication of the Ministry of Foreign Affairs, was announced in the daily press and on the radio.3 The Governm ent press explained that the abrogation of the Concordat had been effected on the basis of the legal opinion prepared by a special committee appointed for this purpose by the Minister of Justice.4 Later, this opinion was published in the legal periodical, The Democratic Law Review.5 The declaration of abrogation cited the following reason for the step taken. First, it maintained that the Holy See had violated the Concordat through its administrative wartime acts affecting the Catholic Church in Poland. These acts were the following: (1) appointment of Bishop Splett, Ordinary of Gdansk (Danzing), a German, to administer the neighboring diocese of Chelmno in 1940; (2) appointment of a German priest, Father Breitinge r, as Archbishop of Gniezno-Poznan and Apostolic Administrator for 20

the German Catholic people residing in the Archdiocese.6 The Government claimed that these two acts were contrary to Article nine of the Concordat, which states that no part of Polish Republic may be under the jurisdiction of a bishop whose administrative see (center) is beyond the frontiers of the Polish Republic.7 Secondly, the declaration stated that the Holy See s failure to recogni ze the Polish Government was an additional reason for the abrogation of the Concordat.8 The last argument of the Government against the Concordat was drawn from the existence of postwar changes in the political conditions in Poland in which the Concordat lost its binding force, according to the maxim implied in all international agreements: rebus sic stantibus (at this poin t of the affairs).9 Furthermore, the Government s declaration stated that since the Holy See had not recognized the Polish Government, it would not officially recognize the Holy See s August 15, 1945, nominations of Church dignitaries for the new Polish dioceses in the Recovered Territories. In its conclusion, the declaration stated that the Government would grant full liberty to the Catholic Church in Poland.10 The Communist press noted that the action of the Council of Ministers was simply a step to clarify the relations between the Polish State and the Holy See and was not directed against the Church. These comments suggested that after the abrogation of the Concordat the rights of the Church can be regulated directly between the Government and the clergy.11 Four days after the abrogation of the Concordat, as reported by The New York Times, the spokesmen for the Holy See asserted that the decision of the Polish Government had no juridical value because the Holy See did not recognize the present Polish Government. They said, however, that the abrogation was a matter of enormous import to the Catholic Church, not only in Poland but also in Hungary, Yugoslavia, and possibly in Austria. They feared that the Communist government s action might be the first step in a series of changes in the Polish religious situation, which would have far-reaching consequ ences. 12 The spokesmen for the Holy See took the issue with the Government s assertion that the Concordat had been violated by the Holy See s handing over to Germans the administration of the Polish dioceses.13 On September 26, 1945, L Osservatore Romano replied to the Government s accusations of the Holy See. To prove that the Holy See did not violate the Concordat by entrusting the administration of the Chelmno Diocese to Bishop Carl Maria Splett, Bishop of Gdansk (Danzig), the article presented the facts and circumstances of this act. Two months after the beginning of World War II, in November 1939, the situation of the Diocese of Chelmno was in a disastrous condition. The residential bishop was forced to leave the country and his auxiliary was gravely ill. The chapter of canons was dispersed, 2. Abrogation of the Concordat 21

and nearly all priests were imprisoned, exiled, or persecuted. The diocese could not be left without a head and leader, and there was no Polish priest available whom the Holy See could appoint as Apostolic Administrator. In addition, the Holy See was not able entrust the administration of the diocese to any of the Polish ordinaries, because their dioceses were in a situation similar to that of Chelmno. Therefore, the Holy See was forced to assign the administration of this diocese to the Bishop of Gdansk (Danzig). The Diocese of Gdansk was adjacent to the Chelmno Diocese, and did not belong to any German ecclesiastical province, but depended directly on the Holy See. In accordance with the third Article of the Concordat, it was within the jurisdicti on of the Apostolic Nuncio to Poland. Bishop Splett became Apostolic Administrator ad nutum Sanctae Sedis (with an approval of the Holy See) in the most extraordinary circumstances, temporarily, and solely for the welfare of the souls.14 To answer the charge of the Polish Government that the Holy See used the Apostolic Nuncio in Berlin as a mediator for appointments in Poland, the article explained that from October 1939 onward the Apostolic Nuncio to Poland did not reside in Warsaw. Monsignor Orsenigo, Apostolic Nuncio in Berlin, was the only person who had communication with the territories occupied by the German forces.15 The second charge, namely that the German priest, Father Breitinger, had been nominated Archbishop of Gniezno-Poznan was simply untrue for this position was held by Cardinal Augustin Hlond, Primate of Poland. In repudiating this charge, the article explained that the Nazi annexed the Wartheland region. This included the territory of the Archdiocese of Gniezno-Poznan, part of the Diocese of Wloclawek, Lodz, and Czestochowa. The Nazis made of these territories an experimental camp for their nationalistic ideology, especially as far as religion was concerned. The Polish population was diminished by forced emigration and by immigration of Germans. After two years of occupation, the situation of the Church was tragic one. The number of priests was reduced from two thousand in 1939 to about one thousand in 1941, and churches were being closed. The law enforcing segregation of Polish and German nationalities was passed and any violation of this law was punishable by death. These measures often deprived the faithful of the last sacraments. Thus, in such a situation, the Holy See could nor possibly remain inactive for a long time. The Holy See protected its faithful against all these measures and persecution, especially against segregation; however, very little was gained. In order to provide spiritual care for the people of both nationalities, the Holy See provisionally appointed Apostolic Administrators ad nutum Sanctae 22 CHURCH AND STATE IN COMMUNIST POLAND

Sedis. Father Breitinger, who had not received any episcopal dignity and remained a simple religious priest, was appointed the Administrator for the German population. Monsignor Dymek, the only Polish bishop of the Wartheland region, became the Administrator of the Polish population. The Holy See made these appointments temporarily and only for the welfare of the souls. The exiled Archbishop of Gniezno-Poznan, Cardinal Augustin Hlond, Primate of Poland, retained his position and received frequent messages of encouragement from Pius XII.16 To the charge that the Holy See did not recognize the Polish Communist Government, L Osservatore Romano answered that both the fact and the manner of abrogation of the Concordat proved the Government was unworthy of such recognition.17 Almost a year after the abrogation of the Concordat, Premier Edward E. Osobka-Morawski, head of the Polish Government, was quoted in newspapers as saying that he would be inclined to establish relations with the Holy See, but the Church still recognized the London government-in-exile. Close observers said that the Holy See had adopted a noncommittal attitude toward the formation of the new Polish Government opposed to the existing Polish government in London. The Holy See had no reasons to withdraw recognition from the London government, which had all the legal requisites, although it lacked the attribute of sovereignty.18 According to the Government s official communique of April 2, 1947, concerning the report of Minister Plenipotentiary Ksawery Pruszynski given to President Bierut, the Warsaw Government thought of some accord with the Holy See. The Minister had been sent unofficially to Rome in order to ascertain the attitude of Pope Pius XII toward Poland. While in Rome, he collected valuable information. The report was apparently very favorable toward a new agreement between Poland and the Holy See because the communique said that the president received it with a great interest and satisfaction. 19 After 1947, the communist Government gained control over the entire country, closed the frontiers, and started a violent persecution of the Church. From that time on, the Government was no longer interested in reaching an agreement with the Holy See. Instead, it started to force, by various means of persecution, an agreement with the Polish clergy.20 Legal Aspects of the Abrogation Prior to any discussion of the legality of abrogating a concordat, it is necessary to give a general notion of such an agreement. According to the 2. Abrogation of the Concordat 23

common opinion of authors, a concordat is a bilateral treaty between the Holy See and a civil government in order to regulate their mutual relations. A concor dant concerns itself with the rights of the Church and matters of common interest to the Church and to the State.21 The Code of Canon Law of 1917 does not contain any explicit legislation concerning concordats, but it does refer to treaties with civil governments in varying terminology: conventiones (Can. 3); pacta conventa (Can. 255); concordat a (Can. 1471). Why did the Code of Canon Law bypass this matter? John A. Abbo, in his article on the revision of the Code, gives a very perceptive answer to this question when he says: One would be tempted to suggest a more extensive codification of the public law of the Church, especially, that part of the public law that concerns the relations between Church and State. But this is a matter both complex and delicate and one to be treated with extreme caution. The problem has already presented itself in recent times; in both instances the Church felt that the less said on this point the better. The first time an ecclesiastical-diplomatic commission had prepared a set of proposals on the relations of Church and State for submission to the Vatican Council, but the presiding committee of cardinals decided against it. Later, when the question again presented itself, on the occasion of the codification of the Code, it was bypassed to a great extent at least by the formulation of Canon 3.22 The new Code of Canon Law of 1983 states, The canons of the Code neither abrogate nor derogate from the pacts entered upon by the Apostolic See with nations or other political societies. They therefore continue in force as presently, notwithstanding any prescriptions of this Code to the contrary. Concordats have the rank of international bilateral treaties.23 Concluded without a limitation of time, the concordats are classified as perpetual treaties.24 The term perpetual in this case does not mean that a concordat, as an international treaty, needs to be in force forever. The eternity of a treaty is as absurd and unrealizable as the eternity of constitutions.25 A treaty is called perpetual when it is concluded for an indefinite time. The same may be said of concordats. Under certain conditions, they may be derogated or abrogated.26 Authors who discuss laws concerning concordats cite different causes for the cessation of concordats. Some of them list more causes than others. Van Hove, for instance, suggests eight causes: (1) Mutual consent of the parties; (2) lapse of time if the concordat was concluded for as definite time; (3) unila teral notice of revocation if the concordat was concluded with such a provision; (4) unilateral renunciation, which, however, deprives the renouncing 24 CHURCH AND STATE IN COMMUNIST POLAND

party all special prerogatives granted to it by the concordat; (5) grave and illicit violation of the concordat by the other party according to the maxim Frangenti fidem fides non servanda est (To one who does not observe faith, faith is not observed) ; (6) damage arising from the concordat because of differen t circumstances in which one party finds itself after the conclusion of the concordat, according to the axiom Omnis conventio interpretatur rebus sic stantibus; (7) force and fraud in making a concordat; (8) change of identity of the legal person party to the concordat.27 The Convention of Havana in 1928 in its Article fourteen states that the following causes terminate the binding force of international treaties: (1) fulf illment of the stipulated obligation; (2) lapse of the stipulated time for which it was entered into; (3) fulfillment of the agreed-upon condition; (4) agreement between the parties; (5) renunciation by the party to whom the treaty applied in an exclusive manner; (6) notice of revocation in whole or in part before it is commenced; (7) impossibility of carrying it out.28 In view of these various causes of the termination of a concordat, it is necessary to ask the question whether the abrogation of the Polish Concordat of 1925 by the Communist Government was a legal act. The previous discussion makes it clear that the Polish Government abrogated the Concordat on the basis of a pretext that the Holy See violated the Concordat in consequence of its action contrary to the provisions of the article s. The Holy See s explanation leaves no doubt that the Government s charges were groundless. The evidence shows that the Communist Government violated the Concordat by failing to observe its provisions and by abrogating it in violation of international law. The Communist Government in its formulation of charges against the Holy See s observance of the Concordat used indirect and direct arguments. The indirect arguments were few. The Government accused the Holy See of failure to recognize it as a legitimate government and of maintaining regular diplomatic relations with the Polish government in London. The Holy See refuted this accusation by explaining that no request for the recognition had been made by the Warsaw government.29 Another argument of the Government was as follows: Because of the post-war changes in the political condition of Poland, the Concordat lost its binding force in accordance with the maxim implied in the phrase, rebus sic stantibus (at this point of affairs). 30 Commentators on international law call this axiom a safety valve for the princip le, pacta sunt servanda (agreements are to be observed).31 It can be applied to a concordat only in a case where the observance would cause damage to one of the parties.32 Postwar Poland needed more than ever friendly relations with the 2. Abrogation of the Concordat 25

Church, which had been a unifying factor during the war and gave inspiration to the reconstruction of the country. The Concordat of 1925 proved itself of tremendous help in the development of the Church and the Polish State before the war as well as in the first two years after the war. The nation did n ot suffer any damage from the existing Concordat; on the contrary it benefited by it. The Communist lawyers in their comments on the abrogation of the Concordat added a further argument. This argument concerned the Concordat s binding force: concordats cease to be binding when in a given territory new states are formed which are different from the former state. 33 It is true that the territory of the Polish State was greatly changed. Poland lost its eastern provinces to the Soviet Union and gained the Recovered Territor ies from Germany. These territorial changes did not mean that postwar Poland was a new state. The argument would have a force only if from the former Polish territory new states had been formed. Examples of this kind of change occurred after World War I, when from the Austro-Hungarian Empire several new states had been created. In connection with those changes, Pope Benedict XV in an Allocution of November 21, 1921, stated that in some cases states had been changed to such an extent that they were to be regarded as quite different juridical person s, and as a result the concordats which had been concluded with the former governments lost all force.34 Wagnon says that some authors believe that the Pope in his Allocution acknowledged change in the form of government in a state as among the causes of cessation of a concordat. He himself disagrees with these authors, although he admits that the text of the Allocution is difficult.35 The Pope did not cite an example to illustrate his statement, and consequently Wagnon believes that Benedict XV referred not to the changes in the form of governments, but to complete changes of sovereignty so that new legal persons came into existence.36 The papal statement could be applicable in the case of the Polish Concordat only if it would be used after a peace treaty that authoritatively regulates changes of boundaries. The Peace Treaty of World War II had not yet been effected. It should be remembered that Pope Benedict XV made his Allocution in 1921, when territorial problems had been settled by the Peace Treaties of 1919. Thus, it can be argued that changes in the form of governments do not cause a cessation of concordats. The classic precedent is the French Concordat of 1801. This concordat was concluded by Pope Pius VII with the First Consul of the French Republic. It remained in force during the period of the Empire in 1804, the Restoration in 1814, the Second Republic in 1848, the Second 26 CHURCH AND STATE IN COMMUNIST POLAND

Empire in 1852 and the Third Republic in 1817 in fact, until the Law of Separation between the Church and State was passed in 1905.37 The Government of Poland, therefore, did not have any legal grounds for the abrogation of the Concordat. The abrogation was effected on the basis of a pretext, and its purpose was to facilitate the persecution of the Church. According to International Law, the action of the Government was not only illicit, but also invalid.38 The Government s unilateral abrogation broke its given word, a basic rule of the Law of Nations, pacta sunt servanda.39 The Government also acted against the Article 114 of the 1925 Constitution because the Concordat is one of the elements of the constitutional law of the country. 40 If, according to international law, the abrogation of the Concordat by the Government was invalid, therefore, its provisions retained their binding force after the abrogation. This opinion was expressed by SzwarcenbergCzerny in an article, The Problem of the Polish Concordat. At the end of this article he says: According to the above cited principles (of International Law) we have in the Polish jurisprudence of the last years, a certain number of legal decisions which declare that the state is bound by the Concordat. These decisions declare unanimously that the Concordat with the Holy See is still in force, and so it will be until new International Law based on the Constitution will be passed. 41 This situation existed until July 22, 1952, when the new Constitution was enacted by the Communist Legislative Assembly. The Constitution modeled on the Constitution of the Soviet Union of 1936, stated in Article 70, point 2: The Church is separated from the State. The Principles of the relationsh ip between Church and State, as well as the legal position and the property status of religious bodies, shall be determined by laws. 42 By analogy with the French law of 1905 on the Separation of the Church and State, which unilaterally renounced the Concordat of 1801, it may be stated, that Article 17 of the New Polish Constitution unilaterally renounced the Concordat of 1925. As the matter of fact, however, the Government of Poland did not observe the law of the Concordat from 1945 onward. During that time (between 1945 and 1952) the Church in its relationship with the Polish State was functioning in a legal vacuum.43 The Government sought to fill this vacuum with many ad hoc regulations, restricting to a minimum the rightful activities of the Church. These orders and regulations will be discusse d in the following chapter. Did, however, the new Polish Constitution of 1952 really and effectively abrogate the Concordat? Some think that the Government of Poland is not constitutional and as such does not represent the Polish nation. Its authority does not rest on law of the land, but on the power of the 2. Abrogation of the Concordat 27

Russian military divisions stationed in Poland and East Germany. The Legislative Assembly, which was not elected by the Polish people, but by the Communist Party and the Russian agents, acted according to the dictates of the Soviet Government. Therefore, the Constitution formulated under such circumstances does not have the force of law of the land and cannot affect the Concordat. Prunskis, discussing the similar question of the Lithuanian Concordat of 1927, stated that this Concordat is still in force, although, its force is te mporarily suspended. When the Soviet troops leave the country, the Concordat will again become operative.44 After the passage of so many years, nothing more significant can be said about the Polish Concordat. Life can not be arrested or suspended it progresses, necessitating new solutions to problems. What if the present political situation of Eastern Europe lasts for one hundred years or longer? Casoria, some time ago, judged that the Polish Concordat of 1925 was not in force anymore.45 In January of 1960, L Osservatore Romano confirmed that the Ambassador of the Polish government-in-exile to the Holy See had not renewed his diplomatic credentials with the Holy See. The paper made is also clear that this fact did not indicate a new orientation of Vatican polic y. Polish Ambassador Kaimierz Papee first presented his credentials in 1939, a month before the Nazis invaded Poland. He remained as an ambassador throughout the pontificate of Pius XII, despite the fact that the governmentinexile never returned to power. L Osservatore Romano stated that the Polish representative is not in a position to present documents that could be recognize d as diplomatically valid. Therefore, the Holy See cannot continue to recognize him as a head of a diplomatic mission. The same must to be said of the chief of the Lithuanian mission, Stanislas Girdvanis, who also presented his credentials in 1939, the year before the Soviet Union annexed his country.46 In 1950, the Episcopate of Poland concluded an agreement with the Polish Government and issued a declaration. Halecki, discussing this problem, states: But what was involved by implication in all the articles of the declarati on was the recognition of the foreign imposed Communist regime as the legal authority, and the conclusion that in agreement with the doctrine of the Church the hierarchy had to teach full respect for that authority. 47 In concluding our remarks on the legal status of the Polish Concordat of 1925, it seems to be necessary to say that it is no longer in force because of the quasi-separation between the Church and the State which was effected by the New Constitution of 1952. At the same time, the Agreement between the Episcopate of Poland and the Government seemed to replace the articles of the Concordat. 28 CHURCH AND STATE IN COMMUNIST POLAND

In a case when a concordat is effectively abrogated, the general law established by each party remains in force in all the territory ruled previously by the law of the concordat. From the moment of abrogation, the Church is obliged to observe the Universal Canon Law. The State adheres to its civil law, which is in existence at the moment of the abrogation. The abrogation of a concordat does not change all the obligations of then state toward the Church and the obligation of the Church toward the state. These obligations are based upon the natural law or upon divine positive law.48 The parties cannot anymore enjoy the rights and privileges granted to them by the articles of a concordat. The state can no longer interfere in the internal affairs of the Church, such as in appointments to ecclesiastical offices, which require an oath of fidelity from bishops. On the other hand, the clergy cannot expect any special protection or privileges which were granted by the law of the concor dat. In other words, after the cessation of a concordat, the parties recover full liberty to regulate, according to its laws, the matters which were an objec t of the concordat.49 2. Abrogation of the Concordat 29

CHAPTER 3 Legal Status of the Church in Postwar Poland The First Attempts to Regulate the Church-State Relations After the abrogation of the Concordat by the Communist Government on September 12, 1945, the Catholic Church in Poland, as far as ChurchState relations were concerned, acted without any particular legal guidelines. The Church authorities in Poland as well as the Government officials made some efforts to establish working relations. The Polish news media reported on September 17, 1947, that the negotiations were in progress between the Polish Government and Augustin Cardinal Hlond, Primate of Poland, in an attempt to solve Church-State problems before the November elections. President Boleslaw Bierut represented the Polish Government. These negotiations did not produce positive results, therefore, they were dropped by both sides.1 During the negotiations, the Government tried to force the hierarchy to accept its conditions by increasing pressure on the Church. It was a reasonable presump tion that the Government did not intend to treat the Church fairly but wanted to restrict the activities of the Church through legal means. On February 19, 1947, the Polish Legislative Assembly passed a constitutional statue, commonly called the 1947 Small Constitution.2 This document provided that the fundamental principles of the 1921 Constitution remain in force. Such broad formulation left open to interpretation which provisions of the 1921 Constitution relating to the Church were fundamental. Stefan Rozmaryn, a law professor and supporter of the Communist Government, discussed this problem in the monthly review, Panstwo i Prawo (State and Law), January 19, 1948. He stated that the articles of the 1921 Constitution that conc erned the Church were binding only insofar as they were put into effect by ordinary legislation. If such legislation did not give effect to the constitutio nal 30

articles relating to the Church, the articles had no binding force.3 In other words, Rozmaryn suggested that the legal protection of the Church depended entirely on the ordinary legislation of the Government. The Decree of August 5, 1949, on Freedom of Conscience and Religion On July 1, 1949, the Sacred Congregation of the Holy Office issued a decree imposing penalties on Catholics who professed, defended, or propagated the materialistic and anti Christian Communist doctrine.4 The proclamation of this decree infuriated the Communist Government of Poland.5 To limit the effectiveness of the decree, and in retaliation, the Government issued , on August 5, 1949, the Decree on the Protection of Conscience and Religion.6 Its provisions did not, however, have much to do with real freedom of conscience and religion. The Government s decree intended to promote freedom for the spread and development of the atheistic doctrine of Communism among the Catholic people. An examination of the more important articles of the decree will make this intent clear. Article one of the Decree, a repetition of the first part of Article 111 of the Constitution, is the only one dealing directly with freedom of conscience and religion. It reads: The Polish Government guarantees freedom of conscience and religion to all citizens. The following twelve articles are penal clauses dealing with offenses and penalties. The second part of Article three and Article four were drafted in view of the Decree of the Holy Office declaring that by virtue of Canon 2314, the faithful who professed the doctrine of Communism, defended it, or propagated it incurred ipso facto, as apostate from the Catholic faith, excommunication specially reserved to the Holy See. When excommunicated in such a way, Catholics are barred from active assistance at divine services and cannot receive the sacraments.7 After this short explanation, one can better understand the purpose of the second part of Article three, and especially Article four. According to the second part of Article three, Whoever unlawfully prevents another from taking part in them [religious activities or rites] shall be punished with imprisonment not to exceed five years. 8 Article four, which clearly has the Holy Office Decree in mind, states: Whoever abuses religious freedom by denying a person access to rite or a religious ceremony because of his activities or his political, social, or scientific views shall be punished w ith imprisonment not to exceed five years. 9 The provision of the second part of Article three is fairly general, and does not specify the causes for the exclusi on from religious services or rites. Article four states very clearly that one s poli tical 3. Legal Status of the Church in Postwar Poland 31

and social activities and convictions cannot be taken as a criterion for admitta nce to religious practices. In the practical application of Article four, those Catholics who profess the doctrine of Communism and are active members of the Communist Party cannot be barred from Church services and the sacraments. This provision is intended to counteract the Decree of the Holy Office. Article six was formulated to protect members of the Communist Party from the enmity of Catholics, which increased after the promulgation of the Decree of the Holy Office. This Article states: Whoever publicly foments enmity on religious grounds or sanctions such enmity shall be punished with imprisonment up to five years. 10 Article seven protects the Communist form of Government from hostility based on religious grounds. Article eleven is directed toward ecclesiastical superiors, who are made responsible for any anti Communist activities of their subordinates. Should superiors fail to prevent this kind of activity, they will be punished with imprisonment up to five years.11 It can be seen from a review of these few articles of the Decree on the Protection of Freedom of Conscience and Religion that the Communist concept of freedom is quite different from the traditional and commonly accepted one. Communist freedom is rather unilateral. The Party and its Government enjoy real freedom, but the majority of the people are enslaved. The Agreement of 1950 Immediately after the enactment of 1947 Small Constitution, the Government began a carefully directed and concealed struggle against the Church in Poland. The Pastoral Letter issued by the Polish Hierarchy on September 30, 1947, was sent to all churches to be read to the faithful. It accused the Government of severe censorship of the Catholic press and called for the aboliti on of baseless and unnecessary limitations on civil rights. 12 In spite of the hierarchy s protest in the Pastoral Letter, the persecution did not diminish. On the contrary, the Government increased the pressure against the Church by legislative acts. On July 5, 1949, the Minister of Finance issued an executive order requiring the clergy to keep special books for income tax purpose.13 A month later, the Government issued the Decree of August 5, 1949, on Freedom of Conscience and Religion, which was discussed in the preceding section.14 On September 21, 1949, the Council of Ministers decreed the confiscation of hospitals owned by religious associations, congregations, societies, and foundations. Some of these hospitals were nationalized and others were transferr ed to local government authorities.15 32 CHURCH AND STATE IN COMMUNIST POLAND

On January 23, 1950, the Government seized Caritas, the nationwide welfare organization of the Church in Poland.16 The Statute of March 20, 1950, provided for the Government ownership of land held by the Church.17 Halecki, citing information received from the Vatican, says that the intensification of the struggle against Catholicism in Poland has been decided at the Cominform meeting held in Silesia in July 1949, the ultimate aim of which was to create in that country a schismatic national church. 18 In such an atmosphere of persecution and violation of the Church s basic legal rights, the Government suggested negotiations to settle Church-State relations. The suggestion was coupled with the Government s accusation that the Holy See was preparing the ground for unleashing another war.19 On July 30, 1949, the Minister of Public Administration, Wladyslaw Wolski, received Bishop Zygmunt Choromanski, Secretary of the Polish Episcopate, and told him that the Government was ready to began talks aimed at settling mutual problems. There were two key issues: (1) the role that the Church was to play in the education of youth, and (2) recognition by the Holy See of the western boundaries of Poland and creation of the Polish dioceses in the territories recovered from Germany.20 During the conversation between Bishop Choromanski and Minister Wolski, the later said: The Government firmly declares that it does not intend to limit religious liberty. The Polish clergy has more privileges than any clergy in West-European countries. 21 The real situation of the Church was truthfully depicted in a letter of protest addressed to President Boleslaw Bierut by Adam Cardinal Sapieha and Archbishop Stefan Wyszynski, Primate of Poland, on February 16, 1950. In this letter, the leaders of the Church in Poland stated: The repeated assurances of you, Mr. President, Mr. Prime Minister, and Mr. Wolski, proclaimed that there is not, and will not be any fight against the Church in Poland. We accepted these assurances according to their contents. Today, however, the painful experiences of the recent events have aroused in us doubts as to the meaning of the statements by high authorities. We must affirm that the fight against religion in Poland has been waged for a long time, and this with a consistency which surpasses all former notions about a fight against God.... We learn of this from the state of the Catholic schools, hospitals, church associations and religious confraternities, the reconstruction of churches, etc.... We learn of this from the state of the Catholic press and publishing establishments, which are closed one after another, because they can no longer cope with the censorship.... Mr. President! The fight against the Church, against religion, against God in Poland is glaringly evident.... This time, our letter is not a protest. This is not a protest of the abused clergy and slandered Episcopate. Our 3. Legal Status of the Church in Postwar Poland 33

letter is the voice of the conscience of the Polish Nation, which cries out through us, and that voice turns to you, as President of the Republic, and is compelled to consider you, Mr. President, and your Government as responsible before God and history for the fight against religion and the Church in Poland.22 The persecution of the Church continued. It became evident that the Government wanted to subordinate the Church to the State, separate it from the Holy See, or at least force upon the Polish Hierarchy a disadvantageous agreement. In the beginning of 1950, the Government already knew that a subordination of the Church to the State and its separation from the Holy See was impossible. Therefore, the Government as a last desperate measure started to force an agreement upon the hierarchy.23 The bishops of Poland were aware of the Government s intentions and did not intend to enter into any forced agreement that could be destructive to the Church. Consequently, the leaders of the Church in Poland expressed this in a letter quoted above when they said: Other protests are aroused by the singular method of intimidating of bishops. The Minister (Wolski) admitted that he seeks to bring decisive pressure on the bishops by issuing anti Church directives. The constant method of intimidation brought about an opposite result, and the Episcopate was confirmed, ever more in its conviction, that the Government has no intention of fulfilling its promises, but rather wants to force the Episcopate to accept the Government s conditions, which militate against the freedom of the Church.... We are of the opinion that in negotiation between two parties the method of intimidation by one party should never take place. We are representatives of the Church, which sometimes submits to persecution for the truth, but does not change under its threats. Therefore, we cannot yield. Even the most painful threats and most harmful laws will be of no avail.24 In order to halt the persecution of the Church and preserve the Church s great and vital influence upon the nation, the Polish Hierarchy wanted, of course, to reach some kind of understanding with the Government.25 The Government s concept of an agreement was quite different and had nothing to do with a fair solution of mutual problems. On March 22, 1950, the Government formulated its conditions for an agreement with the Church. These were the following conditions: (1) The Polish clergy will officially recognize the Government s Caritas and will cooperat e with it. (2) The Holy See will break off diplomatic relations with the Polish government-in-exile and will remove Ambassador Kazimierz Papee. 34 CHURCH AND STATE IN COMMUNIST POLAND

(3) The Vatican will recognize the Polish frontiers in the west and will create regular dioceses in the Recovered Territories, instead of the present Apostolic Administrations. (4) The Polish clergy will issue an official statement, in which it will revoke all accusations about the existence of persecutions of the Church in Poland. (5) The Polish bishops will renounce their medieval feudal privileges. (6) The Church in Poland will break relations with the Holy See and will recognize the authority of the Pope in strictly religious matters only. (7) The bishops and the clergy of the People s Poland will be guided, in the first place, by the interest of the people s democracy. (8) The Church in Poland will stop all contacts with international religious organizations and will devot e itself completely to the building of the People s Poland in the spirit of modern socialism.26 These demands of the Communist Government do not need any commentary; they speak for themselves. However, it should be noted that the person or group of persons who formulated them had little knowledge of the Catholic Church, its organization, or its mission. When Minister Wolski announced these demands as the conditions of an agreement, the bishops of Poland replied in a pastoral letter in which they condemned the Government s demands. Because of this condemnation, the Communist police confiscated the letter.27 In spite of the hostility between the Church and the Communist Government, the members of the so-called Mixed Commission were working on an agreement.28 Finally, on April 14, 1950, an agreement was signed by the members of the Mixed Commission. The Vatican Radio announced first, on April 17, 1950, that the Holy See knew nothing about any agreement. Later, when the fact of the Agreement was confirmed, the Holy See merely expressed its astonishment but withheld any comments.29 On April 22, 1950, the bishops of Poland, gathered at an extraordinary conference in Gniezno, released a short communique in which they stated: On April 14, 1950, in the name of the whole Hierarchy of Poland, three bishops signed a document, which determines some conditions of the life and activities of the Catholic Church in the Reborn Polish State. The Catholic Church, united by age-old ties of solidarity of religious and moral work, of its cultural and historical merits, with the life of the Nation and State, cannot be separated from the common fate of the Nation. For it is tied, too strongly, by so many joint institutions. An attempt at separation would be harmful both to the Church and to public life. Taking into consideration that historical fact, as well as the principles by which the Church is invariably governed, in the changed conditions of existence, the Polish Bishops, almost from the first moment of the 3. Legal Status of the Church in Postwar Poland 35

revival of our statehood, have seen the necessity of determining the reciprocal relations of Church and State. Constant discussions were held to resolve difficulties as they arose. In the middle of the past year, the Hierarch y assigned three of its representatives to the so-called Mixed Commission, formed of members of the Government and of the Episcopate, in order to examine complex issues of common problems. The work of the Commission, conducted amid mounting difficulties caused by insurmountable ideological differences, was not easy. However, the requirements of current life brought about the agreement on the most pressing and most important matters. If agreement has not been reached on all matters, it is because the declaration is not a concordat, and many matters belong solely to the Holy See. The matters agreed upon are contained in these documents, recently signed: (1) the Common Declaration, (2) the Protocol, and (3) the Appendices.30 The text of the Common Declaration was divided into nineteen articles. The first nine articles outlined the obligations of the Episcopate toward the State. These obligations are the following: I. The Episcopate shall urge that the clergy, in the course of its pastoral duties and in accordance with the teachings of the Church, teach the faithful respect for law and the authorities of the State. II. The Episcopate shall urge that the clergy in the course of its pastoral duties shall call upon the faithful to intensify their work for the reconstructi on of the country and the advancement of the Nation s welfare. III. The Polish Episcopate states that economic, cultural, and religious reasons and also historic justice demand that the Recovered Territories should belong to Poland forever. Basing its judgment on the premise that the Recovered Territories form an inseparable part of the Republic, the Episcopate shall approach the Holy See with the request that the provisional ecclesiastical administration be replaced by permanent dioceses. IV. To the extent of its ability, the Episcopate shall oppose activities hostile to Poland, and particularly the anti Polish revisionist actions on the part of the German clergy. V. The principle that the Pope is the competent and supreme authority of the Church in matters of faith, morals and Church jurisdiction; in other matters, however, the Episcopate shall be guided by the interests of the Polish State. VI. Basing its judgment on the premise that the mission of the Church can be fulfilled within various social and economic systems established by the secular authority, the Episcopate shall explain this to the clergy so it would not oppose the development of cooperatives in rural areas, since the cooperative movement is based essentially on that ethical element in human nature directed toward a voluntary social solidarity, which has as its goal the welfare of all. 36 CHURCH AND STATE IN COMMUNIST POLAND

VII. In accordance with its principles and in condemnation of all acts against the Polish State, the Church shall particularly oppose the misuse of religious feelings for anti State purposes. VIII. The Church, which condemns all crimes in accordance with its principles, shall combat the criminal activities of underground bands and shall denounce and punish under Canon Law those clergymen who are guilty of participation in any underground activities against the Polish State. IX. In accordance with the teachings of the Church, the Episcopate shall support every effort toward strengthening peace and oppose to the extent of its ability, every attempt to provoke war.31 Halecki, discussing these articles, said: It must be admitted that nothing in the Agreement was contrary to the doctrine of the Church, nor to its principl es or organization. 32 Nevertheless, Halecki believes that by signing the articles the bishops recognized implicitly the foreign-imposed Communist Government as the legitimate authority in Poland.33 No objection can be made to the fact that the bishops promised that the clergy shall teach the peopl e to respect he law, the civil authority, and to work for the reconstruction of the country. The Church has taught this from the beginning of its existence. With reference to the Recovered Territories, the bishops did not undertake an obligation to establish a permanent ecclesiastical administration; they simpl y intended to approach the Holy See in this matter. They knew that the Holy See would not appoint new residential bishops in such territories before their fate was settled by a peace treaty.34 Article five was formulated in accordance with Canon 218, which states that the Roman Pontiff has supreme and full power of jurisdiction over the universal Church in matters of faith and morals and as well in matters pertainin g to the discipline and government, but use of the broad term of jurisdiction implies it.35 The cooperatives, which were mentioned in Article six, have a variety of forms in the Communist economy. In this case, the cooperatives meant the collective farms. The creation of such farms was a very serious problem for the Government in those days, because the farmers were very reluctant to give up their lands for collectivization. On the one hand, an opposition to collectivization was not needed on the part of the clergy, since the ineffect iveness of the first collective farms had already proved that such farming was impracticable and as such, in the minds of the farmers, it was a big joke. On the other hand, even without any opposition of the Church in this matter, the attitude of the farmers toward collectivization remained unchanged. According to Articles seven and eight, the Church promised to condemn 3. Legal Status of the Church in Postwar Poland 37

activities against the State and to punish clerics under Canon Law for participati ng in underground anti State organizations. This referred to Canon 2336, as Bishop Choromanski explained in a memorandum to the Polish clergy on May 13, 1951: The clergy will keep away from all anti State conspiracy, will not participate in any secret plots, will avoid all secret organizations, regardless the aims they serve (Canons 2335 and 2336). 36 In Article nine, the bishops promised to work for peace in the country as well as among nations. The Polish Hierarchy explained: The Polish Bishops, following the highest example of the Holy Father, wish to imbue the faithful with the sentiment of brotherly love and peace, rightly believing that all the wealth on the earth and achievement of culture should serve peace and prosperity, and not destructive war. 37 The Articles of the second part of the Common Declaration contained the concession granted to the Church by the State. X. Religious instructions in schools: (a) The Government des not intend to change the present status of religious instruction in schools; the program of religious instruction should be worked out by school authorities, together with the representatives of the Episcopate; the schools shall be supplied with appropriate textbooks; lay and clerical instructors of religion shall be treated on equal footing with teachers of other subjects; supervisors of religious instruction shall be appointed by school authorities in consultation with the Episcopate. (b) The authorities will not place obstacles in the way of students wishing to participate in religious practices outside the schools. (c) While existing schools which are Catholic in character shall be continued, the Government shall require that these schools carry out the instructions loyally and fulfill the program as determined by the State authorities. (d) Schools operated by the Catholic Church shall enjoy the privileges of State School in accordance with general principles defined by the appropriate laws and the regulations of the school authorities. (e) Where a school is established which provides no religious instruction, or where a school is transformed into one, which does not provide for religious education, those Catholic parents who so desire shall have the right and the opportunity to send their children to schools where religion is taught. XI. The Catholic University of Lublin shall be permitted to maintain the present scope of its activities. XII. Catholic associations shall enjoy the same rights as before, after satisfying the requirements provided in the decree concerning associations. The same principles shall apply to the Sodalities of St. Mary. XIII. The Church shall have the right and the opportunity to conduct its activities in the fields of charity, welfare, and religious education within the framework of existing regulations. XIV. The Catholic press and Catholic publications shall enjoy privi38 CHURCH AND STATE IN COMMUNIST POLAND

leges as defined by appropriate Law and the regulations of the authorities on the equal basis with other publications. XV. No obstacle shall be placed in the way of public worship, traditional pilgrimages, and processions. In accordance with the requirements for maintaining public order, arrangements shall be made in consultation between Church and administrative authorities. XVI. The status of military chaplains shall be defined by a special regulation to be worked out by military authorities in agreement with the representatives of the Episcopate. XVII. Religious ministrations in penal institutions shall be in the hands of chaplains appointed by the appropriate authorities upon recommendation of the diocesan bishop. XVIII. In the State and community hospitals, religious ministrations for patients who desire them will be in the hands of hospital chaplains, who shall be remunerated through special agreement. XIX. Religious orders shall have full freedom of activity within the limits of their vocation and within the framework of existing laws.38 The provisions of all the articles from ten to nineteen were vital to the Church in Poland; however, according to the statement of the Hierarchy, the most important matter for the Church and Catholic Poland was the State s assurance of religious instruction in schools, religious practices for students, and the right of maintaining Catholic schools.39 The continuation of the activities of the Catholic University of Lublin was also of a tremendous importa nce for Catholicism in Poland. Lay and clerical graduates of the Catholic University of Lublin provided spiritual leaders for the Church in Poland. The Protocol of the Mixed Commission provided for (1) the transformation of the Church organization Caritas into an association of Catholics; (2) financial assistance from the Government to the bishops and Church instituti ons as compensation for the nationalized land owned by the Church; and (3) exemption of seminarians and priests from military service.40 There were two appendices attached to the Protocol. In the first appendix the Government says that it will consider compensation to the Catholic Church for the nationalized lands. The source from which the monies for this compensation may be drawn will be either Church funds or the Association of Cartitas.41 The second appendix states that (1) the local ordinaries will be permitted to hold their livestock, orchards, and farms which do not exceed fifty hectares; (2) farms which do not exceed five hectares, farm machines, livestock, and farm buildings which belong to religious congregations will not be seized by the State.42 The agreement was signed by the members of the Mixed Commission, namely, the representatives of the Polish Hierarchy and the representatives of 3. Legal Status of the Church in Postwar Poland 39

the Government. Upon the conclusion of the agreement and publication of its articles, there were two extreme opinions concerning it. The progressive group of Catholics, who collaborated with the Government, believed that the agreement was of vital importance for the Church and State. They saw in it a realization of coexistence between the Catholic Church and the Communist State. At the same time, another group of Catholics thought that the hierarchy compromised excessively by signing the agreement; they believed that rather than concluding the agreement, the bishops should have tolerated further persecution of the Church. In the opinion of this group, the agreement deprived the Church in Poland of its great respect and moral authority among the people.43 As subsequent history shows, on the one hand, the agreement did not bring about any significant results; on the other hand, the Hierarchy of Poland had not compromised in the matter of Catholic doctrine. Most of the conditions proposed by the Government on March 22, 1950, were rejected by the representatives of the Church as unacceptable and contrary to the nature of the Catholic Church. This question was explained very objectively by Suldrzyn ski when he said: It can be accepted that, when the Hierarchy signed the understanding, it was with a full realization of the expected advantages and also of the equally expected risk and harm that might ensue. The Hierarchy certainly did not act with undue haste, without pondering the matter, or under influence of any illusions.... It should be borne in mind, moreover, that the Hierarchy had behind it five years of experience in administering the Church, under those most unfavorable circumstances, which arose under a Communist system of State.... It seems fairest to describe the understanding as a purely practical one, which normalized the principal matters between Church and State. It represented a compromise in the domain of ideology. Neither the Church nor the Communist State yielded as regards fundamental policies and basic principles of world outlook. The accord was to create a modus vivendi for two different conceptions of life and world outlook. The Church maintained the Catholic doctrine absolutely intact; wherever the Church must make concessions, their limits are always fixed by the doctrine. Time after time, in the text of the accord we read such mentions as in accordance with the teaching of the Church and in accordance with the principles of the Church. 44 Later, the bishops themselves stated why they had concluded this agreement in the memorandum of the Polish Hierarchy to President Bierut on May 8, 1953, which has become famous.45 They confirmed that there had been 40 CHURCH AND STATE IN COMMUNIST POLAND

serious reasons against concluding the agreement; one of them was the fate of the Church in other countries under Communism, which shows that that Communist governments do not feel bound to keep their pledges. The adoption, application, and interpretation of Marxist doctrine, which is incompatible with any religion, had been also a strong argument against the agreement. Finally, the bishops asserted that people from different parts of Poland had cautioned the Hierarchy about reaching an agreement.46 In spite of these reasons, the bishops said that they had desired to conclude an agreement in order to answer the Government s accusations that the Episcopate did not want an accord. The bishops wished to give an irrefutable proof of their good will and sincere wish for peaceful coexistence, said the bishops. The bishops explained that they had taken a great risk by signing the agreement, because they thereby gave the Government a very strong card as far as the world opinion is concerned, an unheard-of precedent, which could give it a strong basis for justification in the eyes of Catholicism both a t home and abroad. 47 The decisive argument for signing the agreement was not the fear of persecution but the welfare of the Church. The bishops were not afraid of personal suffering, but they feared for the future of the Church; they did what they considered most feasible for the Church at that time. A month after the conclusion of the modus vivendi, it was already evident that the government resumed trials of priests accused of opposing sovietization of the country; the Government s press attacked the Holy See, calling the leaders of the Universal Church sowers of chaos ; the device of splitting of the Church by progressive Catholics was encouraged by the Government.48 At the same time, the Government sought to use different provisions of the agreement to harm the Church. For instance, abusing Article nine, which says that the Episcopate will support peace and oppose war, the Government intimidate d and then forced priests and religious to sign the Stockholm Peace Appeal.49 On September 12, 1950, the bishops of Poland sent a protest to President Bierut. The five thousand word letter related the wrongs inflicted upon the Church by the Government from 1945 to 1950. At the end of this letter, the bishops discussed the matter of the execution of the Agreement. They wrote as follows: In spite of the fact that the Agreement provided a few guarantees on the part of the Government, the Polish Hierarchy gave clear proofs of its good will and confidence by signing it. The Hierarchy tried to fulfill all obligations and ordered the clergy to inform the people of the Agreement. On the other hand, the Hierarchy does not believe that the Government is willing to fulfill the decisions of the Agreement. On the contrary, from 3. Legal Status of the Church in Postwar Poland 41

the very moment of the signing of the Agreement the situation in schools, convents, religious orders, and Caritas steadily deteriorated. The Minister of Education openly refuses to acknowledge the rights of the Church guaranteed by the Agreement.... Execution of the Agreement was officially conditioned by the signing of the Stockholm Peace Appeal by the Bishops. When it was done, the execution of the Agreement did not progress in any way. We find ourselves in a paradoxical situation: new demands are being made of the Bishops every day, while the Government, through its Minister Bida, gives the Hierarchy new assurances. Is it possible to accept obligations depending on new and daily demands unknown to us?50 The Government did not indicate any willingness to observe the Agreement. Persecution of the Church increased; nevertheless, the Episcopate demonstrated its good will toward peaceful coexistence; and on May 13, 1951, Bishop Choromanski issued a letter to the Polish Clergy in which he asked for an observance of the Agreement.51 On the occasion of the second anniversary of the promulgation of the Agreement, the Primate of Poland, Archbishop Stefan Wyszynski, made a favorable statement, which was published in Tygodnik Powszechny, the Cracow diocesan weekly, on April 27, 1952. He stated that regardless of all difficulties in its practical realization, the Agreement is an important act and has a positi ve significance in the lives of the Polish people. 52 More that one year later, the Episcopate of Poland completely lost its confidence in the Government s promises and lost hope for observance of the Agreement by the State. In the protest sent to President Boleslaw Bierut on May 8, 1953, the bishops said firmly: Regardless of pledges, agreements and promises given on various occasions by the Government s authorities, the execution of these pledges, agreements and promises hold little or nothing for Catholics. Agreements are treated rather like acts, which bring to one side only duties, to the other only rights. The Agreement is being similarly interpreted.53 At the end of 1952, the Communist police arrested bishops and removed them from their sees. Finally, they arrested the Primate himself; as may be expected, his arrest was the climax of the persecution. The 1952 Constitution The primary work of the new Constitution started on May 26, 1951, when the Sejm passed the act creating the Constitution Commission. This Commission was charged with preparing a preliminary draft of the Consti42 CHURCH AND STATE IN COMMUNIST POLAND

tution. At the plenary session of the Commission, on September 19, 1951, ten sub-commissions were created to work on different sections of the Constitution. When the draft of the Constitution was finished, the Communists organized national discussions of it all over the country. These discussions served purely for propaganda purposes. The Government wanted to make the western countries believe that the Polish people themselves decided on the articles of the Constitution. In reality, the draft of the Constitution was based on the Soviet Constitution of 1936.54 When the Polish Bishops became acquainted with the draft, they submitted a memorandum to President Boleslaw Berut. In it, the Episcopate demanded the recognition of religious and civil liberties. Discussing the effect of the constitutional draft on the Church and religion, the bishops stated: As far as the Church and religion are concerned, the draft of the Polish Constitution has adopted a very reserved and suspicious attitude. Its authors ... have completely turned away from the Polish religious reality and have entirely broken with the age-old tradition of the Polish nation. On the subject of religion, this draft is more of a program, a forecast of future attainments, a declaration. It is thus not surprising that it arouses in the broad masses of religious people a deep disquiet, and suspicion that it is being done with a reason, that the legislators must have some secret designs. They begin to fear seriously for the future; this can be remedied by a change of the text of the Constitution.55 The memorandum of the bishops as well as the national discussions on the constitutional draft did not change its text whatsoever. On July 22, 1952, the Legislative Assembly enacted the new Constitution. 56 Two of its articles, 69 and 70, concern the Church in Poland. However, only Article 70 determines the legal status of the Church. These two articles read as follows: Article 69. (1) Citizens of the Polish People s Republic, irrespective of nationality, race or religion, enjoy equal right in all fields of public, social and cultural life. Infringement of this principle by any direct and indirect privileges or restrictions of rights on account of nationality, race of religion , is subject to punishment. (2) The spreading of hatred or contempt, the provocation of enmity, or the humiliation of a person because of national, racial, or religious differences is prohibited. Article 70. (1) The Polish People s Republic guarantees freedom of conscience and religion to its citizens. The Church and other religious bodes may freely exercise their religious functions. It is forbidden to prevent its citizens by coercion from taking part in religious activities or rites. (2) The Church is separated from the State. The principles of the rela3. Legal Status of the Church in Postwar Poland 43

tionship between Church and State, as well as legal position and property status of religious bodies, shall be determined by laws. (3) The abuse of freedom of conscience and religion for purposes endangering the interests of the Polish People s Republic shall be punished.57 These articles of the Constitution differ radically from the provisions of the 1921 Constitution. This Constitution guaranteed the autonomy of the Catholic Church, a provision which has not been included the 1952 Constitution. The new Constitution does not make a provision for the Church to govern itself by Canon Law; on the contrary, the Church is governed by the State legislation. Church-State relations are to proceed according to the laws of the State. However, the Constitution does not set any limits for these laws; it gives to the State the freedom of passing any laws regarding the Church. Article 70 of the Constitution declared the separation of the Church and State. This separation was the very first one thus proclaimed in the Polish legi slation. 58 It is necessary to stress that the term separation of the Church and State in Communist legislation has a different meaning from separation in the United States. The concept of separation of the Church and State in the United States implies the independent existence of the Church as an institution, which carries out its religious aims without State interference. 59 The Communist separation of the Church from the State means the subordination of the Church to the State. Consequently, in this kind of separation, the State preserves independence but the Church loses it. Probably, the best example of this kind of separation is the legal status of the Russian Orthodox Church in the Soviet Union.60 In the memorandum on the draft of the Constitution, the bishops, in discussing Article 70, stated: There is an evident internal contradiction in this article. Since the Church is to be separated from the State, what is the purpose of this proposed continuation of the text : The principle of the relationship between Church and State, as well as the legal position and the property status of the religious bodies, shall be determined by laws. The citizens of the Polish State are in an enormous proportion, members of the Church. Uncoordinated laws cannot be issued, for one the and the same man, without exposing him to internal confusion and conflicts of conscience. History and the natural cultural heritage have so linked the Church and State in Poland that a division of these today would always be artificial and unnatural. And since the idea of a division of Church and State is unpopular in the Polish community, it is not surprising if it directs toward the authors of the draft the suspicion that behind this separation there may be a concealed an intention of struggle with the Church, as it happened in other states.61 44 CHURCH AND STATE IN COMMUNIST POLAND

The memorandum demanded that in the case that the draft of Article 70 remained unchanged, the rights of the Church should be safeguarded in the other articles of the Constitution. First of all, the Constitution should recognize the autonomy of the Catholic Church; in addition, the Church should be assured of freedom in exercising not only religious functions but also pastoral and catechetical activities. Moreover, the Constitution should recognize the right of the Church to operate minor and major seminaries, its own schools, and to teach religion in public schools. Furthermore, it should recognize the rights of pastoral care in closed institutions, such as hospitals, convalescent homes, military camps, and prisons. The right of the Church and its institutions to inherit and possess property should be recognized as well as the right to other essential means for the Church s existence and work. Finally, the Constitution should recognize the freedom of the citizens to become members of the clergy or of religious orders.62 Of course, the articles of the 1952 Constitution did not incorporate any of the above-mentioned safeguards. The 1953 Decree on the Appointments of Clerics to Ecclesiastical Offices After the adoption of the 1952 Constitution, the Government s campaign against the Church resumed. However, the method of anti Church activities was changed. Formally, the main attacks were directed against the Holy See; then, at the end of 1952, it was the Polish clergy that were the victim. In November of 1952 the Government removed Bishop Stanislaw Adamski, Ordinary of Katowice, and two auxiliary bishops, Herbert Bednorz and Juliusz Bieniek from office. In addition, a great number of other bishops were accused principally of discrimination against so-called patriotic priests, who collaborated with the Government. At the same time, arrests were made among the priests who worked in the Cracow Metropolitan Chancery. The bishops were accused of political sabotage; while priests were charged with espionage for the Holy See, being in the service of the United States, hiding arms, and illegally dealing in foreign currencies.63 These accusations, and the trials which followed, gave the Communist press a great opportunity for vicious propaganda against the Catholic clergy. Radio and the newspapers referred to the Polish Hierarchy and clergy as enemies of the Polish Nation, who support the sinister forces of reaction and fascism. 64 3. Legal Status of the Church in Postwar Poland 45

It is evident that this hostile campaign against the Church was a prelude to the Government s issuance of the Decree on the Appointments of Clerics to Ecclesiastical Offices of February 9, 1953.65 The accusations and the trials of the clergy called for drastic measures on the part of the Government, i.e., interference in the strictly internal affairs of the Church. The purpose of the decree was explained later by the Order of the President of the Council of the Ministers of May 5, 1953.66 The order states that the decree was issued to see to it that persons who hold ecclesiastical offices perform their functions in accordance with the principles and requirements of the Constitution of the Polish People s Republic. The order also explained that it now required that clerics in performance of duties resulting from their ecclesiastical offices sho w a social and patriotic attitude consistent with the principles of the Constituti on of the Polish People s Republic. In addition to the foregoing, the order states that Government s agencies should not permit ecclesiastical offices to be used or abused as cover for an attitude or an action adverse to the Polish People s Republic. 67 Article one of the decree rules that only Polish nationals may be appointed to the clerical ecclesiastical offices. This provision is a version of Article nineteen of 1925 Concordat. However the Concordat s law also demanded from the Polish nationals who were candidates for ecclesiastical offices the study of theology at the theological institutes in Poland or at the papal universities.68 According to Article two, the erection, conversion, and suppression of ecclesiastical offices held by clerics as well as any change in the jurisdiction of these offices shall require the previous consent of the competent Government authorities. 69 The Order of May 5, 1953, added that applications concerning this matter have to be sent by the diocesan chanceries to the province s authority ; an answer would be given within one month.70 The term ecclesiastical offices, as used by Communist legislators, should be understood in accordance with Canons 145 and 1409. In the light of this, Article two of the decree affected Canons 152 159, which provide for the free appointment to ecclesiastical offices. Article two affected the appointment to all ecclesiastical offices. In other words, the Government s law deprived the ecclesiastical authority of freedom of making any appointments. In such a case, lawmakers are punished ipso facto, in accordance with Canon 2334, with an excommunication reserved to the Holy See in a special manner. According to Article nineteen of the 1925 Concordat, competent Church authorities could freely confer ecclesiastical offices in line with the provisions on Canon Law.71 Article three of the decree rephrases the previous article and adds that a cleric cannot be released from an ecclesiastical office or transferred to anothe r 46 CHURCH AND STATE IN COMMUNIST POLAND

office without the prior consent of the competent Government authorities. These competent Government authorities are named in Article four, which reads: The following Government bodies shall have the authority to give consent: in matters relating to diocesan ordinaries, the Presidium of the Govern ment shall have authority; in other cases authority shall be vested in the Presidia of the Provincial People s Councils concerned. 72 First, it should be noted that Article four contradicts Canon 329, which rules that bishops be freely appointed by the Pope. Of course, the Pope may consent to consult the Government, which has a concordat with the Holy See, before he appoints bishops. This situation existed in the prewar Poland, where on the basis of Article eleven of the 1925 Concordat, the Pope consented to approach the President of Poland before the appointment of archbishops, diocesan bishops, and coadjutors cum jure successionis.73 The Communist Governme nt of Poland did not receive such consent from the Holy See. The law of the 1925 Concordat lost its binding force by the Government s abrogation of the Concordat and by the constitutional separation of the Church and the State.74 Therefore, the Government did not have any legal grounds for interferin g with appointments of bishops. The same can be said of appointments to other ecclesiastical offices. According to Article five, clerics who hold ecclesiastical offices are to take an oath of allegiance to the Polish People s Republic. Bishops are to take this oath in the Office for Denominational Affairs at the Presidium of the Government , and others in the Presidium for the Provincial People s Council.75 The Government prescribed two formulas for the oath: one for bishops and the other for all other clerics. The text of the two formulas was divided into four paragraphs. The first, the third and the fourth paragraphs are almost identical in substance. They read as follows: #1. I affirm solemnly to be faithful to the Polish People s Republic and its Government. I promise to do everything for the development of the Polish People s Republic and for the strengthening of its power and security. #3. I promise not to undertake anything which might be contrary to the interest of the Polish People s Republic or endanger the security and integrity of its frontiers. #4. Having in mind the welfare and the interest of the State, I shall endeavor to avert from it any threatening perils of which I might be aware. 76 Paragraph two of the formula for the bishops reads: #2. I shall make every effort that the clergy under my jurisdiction in accordance with their civic duties in the sacerdotal activities appeal to 3. Legal Status of the Church in Postwar Poland 47

the faithful to obey the law and governmental authority, to intensify their work for the development of the national economy and for the improvement of the nation s welfare. 77 The same paragraph for other clerics reads: #2. In conformity with the duty of a citizen I shall, in my activities as a cleric, appeal to the faithful to respect the law and the governmental authority, to increase the work toward developing the national economy and to increase the prosperity of the nation.78 The form of the oath prescribed for the bishops resembles somewhat the oath that was provided for them by Article twelve of the 1925 Concordat.79 However, there is a great difference between these two forms. In view of Canon 1316, #1, the form provided by the Concordat is a valid oath. The Communist form cannot be classified as such, because it does not invoke the Divine Name. Therefore, it is rather a solemn promise of allegiance. In studying the text of the promise, one can easily see its relation to the first article if the 1950 Agreement. Article six concerns the removal of clerics from ecclesiastical offices. It reads as follows: Clerics holding ecclesiastical offices, who act contrary to law and public order, or who support and conceal such activities, shall be removed from office, either upon the initiative of the Church authority, or upon the request of Government authorities. 80 The provisions of this article are important and essential for the Communist legislators. By means of this article the Government intends to accomplish two ends, namely, to remove from ecclesiastical offices those clerics who opposed Communism more vigorously than others, and to terrify those who did not have the opportunity to show their attitude toward the new system of government. In practice, the Government widely applied this particular article to ecclesiastical offices, beginning with assistants to pastors and endi ng with the Primate of Poland. As the result of this wide application, a great number of ecclesiastical offices were left vacant. At the same time, some office s fell into the hands of priests identified with the small minority of pro-governm ent or collaborating clerics.81 In its protest to President Boleslaw Bierut of May 8, 1953, the Polish Episcopate strongly opposed the Decree of February 9, 1953. The Bishops called it a direct blow against the Church s organizational freedom. 82 The bishops stated also that the decree was issued with the intent to provide a legal basis for a systematic intrusion of the State into the internal governme nt of the Church, which is contrary to Canon Law.83 In addition, the 48 CHURCH AND STATE IN COMMUNIST POLAND

bishops pointed out that the decree contained legal defects and contradictions. Even from the viewpoint of State law, the Decree has certain basic defects, both in form and in content. First of all, it is completely devoid of legal continuity. While issuing it, the State Council did not evoke either the Constitution or any other law. It could not evoke them, because the Decree most obviously contradicts the former and more general Decree, regarding the freedom of conscience and religion. Moreover and above all, it is contrary to the newly adopted Constitution of the People s Republic. The Constitution introduces the separation of Church and State. As President Bierut, the main author of the Constitution, has authoritatively stated, this means that the Church has is own autonomous organization and structure. How then it is possible that today, when the Church has been constitutionally separated from the State and insolated as an autonomous organism, the State can allow itself continuous legal interference with the Church s internal structure?... The Decree, which is in contradiction to the Constitution, cannot be legally binding. The ratification of the Decree by the Sejm cannot provide it with the legal force as long as the Sejm has not amended the Constitution itself.84 Moreover, the Episcopate stated that the history of independent Poland was unaware of any similar injustice inflicted upon the Church by the State. However, one possible comparison could be made with reference to the action of the tsarist government when it attempted to interfere with the internal affairs of the Church. Lenin condemned these acts of the tsarist government and called them an infamous and wretched past. 85 Legal and doctrinal contradictions are familiar features of every Communist government. These contradictions are clearly visible in connection with the Decree on the Appointments of Clerics to Ecclesiastical Offices. Furthe r Communist legal acts directed against the Catholic Church in Poland bear the same contradictory and chaotic features. The Agreement of 1956 The 1952 Constitution and principally the Decree on the appointments of clerics to Ecclesiastical Offices afforded the Government a legal basis for an open persecution of the Church and a limitation of its activity. During the period of 1952 to 1954, the Government imprisoned approximately one thousand clerics. On September 29, 1953, the Communist police arrested Cardinal Stefan Wyszynski, Primate of Poland; the Communist press denounced him as an enemy of the people.86 The number of bishops and priests removed from 3. Legal Status of the Church in Postwar Poland 49

ecclesiastical offices increased daily. Hence, the situation of the Church grew extremely difficult and dangerous. At the same time, the Communists became bewildered by the unexpected death of Josef Stalin. Occurring on March 5, 1953, his death caused great confusion throughout the Communist world and subsequently, the persecution of the Church considerably decreased. Khrushchev, who succeeded Stalin, ordered a halt to the persecution of believers on November 10, 1954.87 Hope for a change filled the hearts of the persecuted and oppressed people in Poland and other countries under Communist control. At the same time, the people sought more liberty and opportunity of improving living conditions for themselves. On June 29, 1956, the workers of Poznan crowded the streets crying out Bread and Freedom and singing the hymn God Save Poland. The Government, using Soviet motorized troops, suppressed the riot, but the spirit of liberty spread throughout the nation. In October, 1956, a revolution erupted in Poland. The immediate cause of the revolution was the change of the Communist Government in Warsaw. Gomulka and his people took over the Stalinist Government. The Polish people, however, were not satisfied with the change. They wanted to rid Poland of Communism and gain a complete independence from the Soviet Union. Consequently, the people manifested their hostility toward all who had any relationship with Communism and its rule. The New Government of Gomulka realized the position of Communism in Poland and tried to pacify the people by various means. The new Government wished to preserve Communism in Poland and to save the country from a hopeless fight with the Russian troops. Because the people in nationwide mass meetings were demanding liberty for the Church and freedom for Cardinal Wyszynski and the arrested members of the clergy, the Gomulka s Government decided to satisfy these demands. The new Government realized the influence of the Church upon the life and behavior of the Polish people. At that particular time, this influence was more than necessary to regain order and peace in the country. Therefore, the Governme nt offered liberty to Cardinal Stefan Wyszynski, who accepted it under the condition that all other clerics who were imprisoned and the Church would regain their freedom. The Government promised this and the Cardinal left the prison. From the first day of his freedom, the freed prelate began to work for peace in the country. A few days after his liberation, many acute problems were peacefully settled. In order to regulate Church-State relations, the Mixed Commission came to life. Bishop Zygmunt Choromanski, Secretary of the Episcopate, and Bishop Klepacz represented the Polish Bishops. The Gomulka Government 50 CHURCH AND STATE IN COMMUNIST POLAND

was represented by the Politburo member, Jerzy Morawski, and by the former Minister of Health, Jerzy Stachelski, who was at that time appointed Minister of the Office for Denominational Affairs.88 The Commission worked on the major problems concerning relations between the Church and the State. The members of the Mixed Commission worked out a draft of a new law on appointments to ecclesiastical offices, which was to replace the former harmful Decree of February 9, 1953. Furthermore, they prepared a plan for a law concerning religious instruction in schools for the children whose parents desired it. On December 8, 1956, the work of the Mixed Commission was published in the newspapers in a form of a statement made by the representatives of the Polish bishops. The statement reads: As the result of changes in public life, which aim at the establishment of legality, justice, peaceful co-existence (in general Polish affairs), social morality, and the repairing of wrongs, the Gover nment and the people s authorities will find in the hierarchy and clergy a full understanding of these endeavors. 89 The representatives of the Polish bishops promised support for the work of the Government in strengthening the country or the welfare of the entire nation.90 Furthermore, the Commission agreed on six basic points for the establishing of Church-State relations. 1. The Commission indicated in general the problems that had to be solved in the near future. Among these problems were the abolishment of the Decree of February 9, 1953, on the Appointments of Clerics to Ecclesiastical Offices and the issuance of a new law, which would assure the Government of some influence in the appointments of Archbishops, diocesan bishops, auxiliar ies cum jure successionis, and pastors. 2. The following principles were accepted for the solution of the problem of religious instruction in schools: (1) Voluntary religious instruction is guar anteed in the elementary and secondary schools for the children whose parents desire it. (2) While the religious instruction is not an obligatory subject in schools, school officials are obliged to make it available, and they must work out a specific time schedule. (3) Religion teachers are to be presented by the Church, appointed by the school authorities, and paid by the State. (4) The program of instruction and selection of necessary books are to be agreed upon by both the Church and the State authorities. (5) Attendance of the children at religious activities outside the school shall be organized by the Church and facilitated by the school authorities. (6) Supervision of the religious instruct ion will be done by both the Church and the State authorities. (7) Both sides guarantee full liberty and tolerance for believers as well as for nonbelievers. Both sides will oppose all attempts directed against freedom of conscience. 3. Legal Status of the Church in Postwar Poland 51

3. Agreement was reached concerning religious assistance in hospitals and homes for the aged. In virtue of this agreement, the Ministry of Health issued new specific directives. 4. The positions of prison chaplains and religious assistance in prisons was likewise agreed upon. 5. The Government agreed to the return of sisters removed in 1955 from the formerly held areas of western Poland. If the sisters were not Polish, they were free to leave the country if they chose. Moreover, priests removed during the past year from parishes in former German territories were permitted to return to their parishes. 6. The Episcopate and the Government reached an agreement concerning the five newly appointed bishops by the Holy See for the sees, which were formally under the German administration. These bishops were allowed by the Government to assume their posts.91 These few points of agreement, published in the communique, do not cover many areas of Church-State relations. The only matter more or less covered was religious instruction in schools, because it was the most important to the Episcopate. The other problems were regulated only partially or they were left for a further consideration. The agreement reflected the haste of both sides. The revolutionary atmosphere in which it was concluded accounts for its provisional nature; moreover, this agreement signified a moral victory over the forces of Communism in Poland. The rulers of Communism in Poland finally realized that they could not organize and develop the life of the country without peaceful coexistence with the Church.92 They were obviously forced by the circumstance to give up their idea of destroying the Church in Poland. However, history proves that they yielded to this only as a temporary measure. Later, when Communism regained control of the country, the persecution of the Church resumed. The New Government of Poland changed the methods of persecution, but did not change the hostility of Communis m toward the Catholic Church. 52 CHURCH AND STATE IN COMMUNIST POLAND

CHAPTER 4 Legislation Affecting the Temporal Goods of the Church The Code of Canon Law directly regulates the matter of Church s temporal goods in Part Six of the Third Book of the Code, De bonis ecclesiae temporalibus . 1 The first of these introductory canons of this part expresses the natural rights of the Church and the Apostolic See to possess temporal goods. The first paragraph of this canon states that the Catholic Church and the Apostolic See have the inherent right freely and independently of any civil power to acquire, retain, and administer temporal goods for the pursuit of their own ends. According to the second paragraph of the same canon, individual churches and other legal persons established as such by the ecclesiastical authority also have the right to acquire, retain, and administer temporal goods in line with the provisions made by Canon Law.2 Canon 100 paragraph 1 states that the Catholic Church and the Apostolic See have the nature of legal persons by divine ordinance. Other subordinate, moral persons in the Church derive their personality either from the provision of the law itself or from a special concession of the competent ecclesiastical superior granted by formal decree for a religious or charitable purpose.3 The right of the church to acquire and possess temporal goods and to independently administer them is also recognized by many civil governments, which have concluded concordats with the Holy See.4 The Church has in its possession different kinds of goods. Canon 1497 enumerates and describes three kinds of temporal goods belonging to the Church. 1. Ecclesiastical goods are temporal goods both movable and immovable, and also corporeal and incorporeal property, which belong either to the Church and the Apostolic See or to some legal persons in the Church. 2. Sacred goods are those which have been dedicated by consecration or blessing to divine worship. 3. Precious goods are those goods which have a notable value for artist ic or historical reasons; or because of the material of which they are made. 53

The Church can acquire temporal goods by all just means permitted by either the natural or positive law.5 Canon Law provides the Church with various means of acquiring temporal goods. Acquisition can be made by way of taxation,6 as a consequence of legal prescription,7 and through donations and bequests.8 The Pope is the supreme administrator and dispenser of all Church property. 9 The local ordinaries help him in the administration of this property by supervision.10 The Church defends its goods and rights by imposing penalties upon those who usurp or retain them personally or through others. Persons guilty of usurping or retaining goods or rights pertaining to the Roman Church automatically incur excommunication reserved in a special manner to the Apostolic See.11 The penalty of excommunication is also imposed upon those who, either in person or through others, convert to their own use and usurp ecclesiastical goods of any kind or prevent those to whom such goods rightfully belong from receiving the fruits or income from them.12 Those regulations do not concern the theft of ecclesiastical property. Rather they refer to the appro priation of this kind of property for one s own benefit, as though one had a right to it. This can be done by way of confiscation or spoliation of Church property in the name of law and on the basis of a pretended right to it.13 Cooperation in the act of usurpation, conversion, and detention has to be judged in the light of Canons 2231 and 2209. Land The Catholic Church in Poland always owned considerable land, which served as an economic basis of its mission. During the partition and occupations of Poland by Russia, Prussia, and Austria, some of the Church land was confiscated by these powers. The Government of prewar Poland, which acquired all rights and obligations of these three powers, obliged itself by Article twenty-four of the 1925 Concordat to compensate the Church for the confiscated ecclesiastical property.14 In spite of the confiscation of the land, the Church still possessed farms, estates, and forests. The Decree of the Polish Committee of the National Liberation of September 6, 1944, which provided for the confiscation and distribution of all private estates, did not concern ecclesiastical land. Article two of this Decree stated that the Legislative Assembly shall decide about the legal status of the landed property owned by the Catholic Church and other denominations. 15 This decree postponed the confiscation of the Church land for a few years. The leaders of the Communist Committee of National Liberation were cir54 CHURCH AND STATE IN COMMUNIST POLAND

cumspect about confiscating Church property. They knew that the Spanish Revolution occurred after the Madrid Government had confiscated ecclesiastical property an action which helped make the Catholics vigorous allies with General Franco.16 On March 6, 1950, the Government announced that the Sejm had begun to discuss a draft of a new law concerning the nationalization of all Church landholdings amounting to over 100 hectars (ca. 247 acres).17 Prime Minister Joseph Cyrankiewicz read at the session of the Sejm the text of the proposed law and supplemented the reading with an attack against the Hierarchy, the clergy, and religious orders. He asserted to the members of the Sejm that the land, which belonged to the Church institutions, was not used for religious purposes but had a feudal character and served the political aims of centers of hostility all over the world.18 In his address to the Sejm, Cyrankiewicz spoke of the Church s attitude toward the State. The nationalization of Church land seemed to be a punishment of the bishops for their resistance to the Government s demands.19 In accordance with Communist tactics, the announcement of the draft was preceded by a violent year-long campaign in the press in order to prepare public opinion. The Communist press tried to prove that unbelievable things were happening on the Church estates. The bishops, priests, and ecclesiastical managers were accused of exploiting workers, misappropriating goods, evading taxes, employing slave labor tactics, and supporting underground bands and reactionary groups.20 In many Church estates, the Communist agitators organized workers strikes and various acts of disorder. The local authority often confiscated agricultural products in order to ruin the economy of the estates.21 On March 20, 1950, the Legislative Assembly unanimously passed a law providing for the transfer of land held by the religious associations to the Government; for a guarantee to pastors of the right to possession of farms held by them; and for the establishment of a Church fund.22 This law is divided into a short introduction and fourteen articles. The introduction referred to the Decree of the Committee of National Liberation on September 6, 1944, which provided for the present law. It defined the real purpose of this law as to remove the last remains of the landowner feudal privileges in the Church estates and to secure the material needs of the clergy. 23 Following these short introductory statements, the law declared that all landholdings belonging to religious associations be transferred to State ownersh ip. However, this law did not apply to farms that were held by pastors. The State guaranteed possession of these farms to pastors as the basis of their support. The provision concerning pastors could, in exceptional circumstances, be extended by the Council of Ministers to landholdings not specifi4. Legislation Affecting the Temporal Goods of the Church 55

cally mentioned in this law. Revenues from the nationalized properties were designated exclusively for ecclesiastical and charitable purposes in accordance with the provisions of the law. It was the duty of the Minister of Agriculture and Agrarian Reforms to determine the amount of these revenues.24 On the basis of the law and on the same day as its enactment, all landholdings together with all buildings, businesses, establishments, equipment, livestock, and personal property subject to nationalization became State propert y. The ownership of these goods would be transferred to the State without any compensation and obligations except those that were provided for in the law. The Minister of Public Administration excluded from nationalization places designated for the performance of religious services, convents, chancery buildings, and office buildings of other religious associations, even though these buildings constituted a part of the real property subject to nationalizati on. The Council of Ministers was empowered to exempt other holdings if it deemed advisable.25 The right to use land taken over by the State which landless, small, or medium land-holding peasants had secured by lease remained inviolable. All other leases or rights to the use of land holdings taken by the State could be declared by the Minister of Agriculture and Agrarian Reforms, in agreement with the Minister of Public Administration, as null and void. Contracts of the sale of landholdings which were subject to nationalization, concluded after July 22, 1944, with the exception of contracts concluded with landless, small, or medium holding peasants, could be declared invalid by the Minister of Agriculture and Agrarian Reforms in agreement with the Minister of Public Administration.26 According to this particular law, landholdings of religious associations included all types of real property owned by the Church or by other religious groups regardless of the legal structures of such groups or the purposes for which the land income was to be used. Furthermore, the law described precisely what was meant by farm holdings of the pastors. It referred to farms in possession of pastors (even if leased) that do not exceed fifty hectares, or in the provinces if Poznan, Pomerania, and Silesia, one hundred hectares; should the pastor s farm exceed these limits, only the excess was subject to nationalization. The decision whether the landhol ding actually constitutes the pastor s farm was up to the Minister of Public Administration. He was also to decide whether a holding has the character of religious association property. The Minster of Agriculture and Agrarian Reforms in agreement with the Minister of Public Administration would determine the excess and decide which part of the farm would be nationalized. Both Ministers could delegate their rights to subordinate authorities.27 56 CHURCH AND STATE IN COMMUNIST POLAND

The Council of Ministers could leave certain categories of nationalized holdings in the administration and use of the ecclesiastical institutions, congr egations, and other organizations, or entrust to them the administration and use of such holdings.28 Revenues derived from nationalized land and the State s grants decided by the Council of Ministers would create the so-called Church Fund.29 This fund would serve the following purposes: (1) maintenance and reconstruction of churches; (2) material and medical aid to priests and the provision of rest homes for them; (3) maintenance of health insurance for priests in justifiable instances; (4) special pensions for priests who rendered services of great merit in the field of social work; and (5) chartable activities. The Council of Ministers had the authority to extend the scope of Church Fund to other ecclesiastical and charitable needs. The Council was empowered to set up regulations and agencies for the administration of this fund; the Minister of Public Administration would supervise the Church Fund.30 Finally, the law demands severe penalties for those who would oppose the implementation of its provisions. The penalties concern also those who would appeal for or approve opposition.31 The law was signed by President Boleslaw Bierut, Prime Minister Joseph Cyrankiewicz, Minister of Public Administration W. Wolski, Minster of Agriculture and Agrarian Reforms J. Dab-Kociol, Minister of Justice H. Swiatkowski, and Minister of Finances K. Dabrowski.32 As soon as the law was passed, the Government sent teams of trained Communist agents to take inventory of the nationalized property. They were instructed to organize meeting s of Church workers, who were to adopt resolutions expressing their gratitude for having been liberated from feudalism. The Government s agents were also to create collective farms and introduce in them socialist competition. 33 The real purpose of the law was quite different from that proclaimed by the Communist legislators. The Law of March 20, 1950 was copied from the Czechoslovak agrarian law, which was in turn prepared in Moscow. It deprived the Church of Poland of 370,000 acres of land.34 This law was issued to destroy the economic basis of the Church and thus break its resistance and subordinate it to the State. The Government also intended to separate pastors from their bishops. This is why the law was so generous to pastors, leaving in their possession farms up to fifty or one hundred hectares. At the same time, the benefices of bishops were nationalized without any exceptions. The old Communist method of class dissension was employed here. According to Communist strategy, this law was intended to induce priests to cooperate 4. Legislation Affecting the Temporal Goods of the Church 57

with the State. Such a hope was expressed by the flexibility of the law, which provided exceptions in different instances, and by the establishment of the Church Fund. In both cases, the Government or its ministers could make an exception for institutions or individuals, but the price of these favors was col laboration. 35 However, the intentions of the Government were not realized. The priests understood the real thrust of the Law of March 20, 1950, and remained faithful to ecclesiastical authority. The Catholic people, seeing the determination of their clergy, began to increase their offerings to sustain the Church. Two years later, the Government saw the futility of its plans and aims in conjunction with nationalization of Church land. The Decree of April 24, 1952, abolished the Church Fund and all its foundations and provided that all its assets become State property.36 The ecclesiastical property that was exempted from nationalization was not forgotten by the Government. Local authorities were instructed to deprive the Church of it by excessive taxation, by withholding permission to purchase the necessary equipment for farming, and by other similar tactics. In spite of the nationalization of Church land in 1950, Communist propaganda did not cease to attack the Church for being too rich.37 The nationalization of Church land did not end the governmental attempts to weaken and limit the Church s activities by cutting off its material support. It was merely one of the means employed in Government s battle against the Church. The confiscation of the Catholic charitable organization Caritas was intended to serve the same purpose. Caritas In accordance with Canon Law38 the bishops of Poland erected at various times charitable associations, which immediately after World War II received the common name, Caritas. Cardinal Adam Sapieha, Archbishop of Cracow, was the national president of these associations. Bishops from all over the world, but mainly from the United States with their clergy, the Catholic League, and American laymen of Polish descent, were benefactors of Caritas.39 The activity of Caritas was astounding, especially after the war when millions of people did not have food, clothing, homes, or medicine. The associat ion operated 4,500 centers in which 166,700 orphans were fed and cared for. In addition, the centers of Caritas took care of 145,000 semi-orphans and over 100,000 aged people.40 Caritas also maintained 241 of Poland s 1,300 field kitchens which daily provided thousands of the needy with free hot meals.41 Moreover, American benefactors aided through Caritas the recon58 CHURCH AND STATE IN COMMUNIST POLAND

struction of the destroyed churches, seminaries, and convents. Through Caritas, Poland received from the United States and other countries liturgical books, vestments, chalices, ciboria, monstrances, and even altar wine. It should be added that Caritas was virtually the only source of medicine in the first years after the war. The activity of Caritas brought honor to its benefactors and the Church and help in rebuilding the country from the ruins of war. Indeed, the work of Caritas was helpful not only to the Catholic Church in Poland but to the whole nation as well. The Communist Government of Poland knew very well the achievements of Caritas but, being jealous of the Church s influence through its association with the people, decided to destroy it. On January 22, 1950, the Government s press published several documents for the purpose of proving that Caritas misused its funds by supporting its own officials instead of the needy. The Polish Press Agency stated that the Government undertook an examination of the association s activities as the result of many complaints from all over the country. The branch of Caritas in Wroclaw was attacked first. According to the Polish Press Agency, the investi gations conducted there disclosed striking abuses. The institution had been under the direction of a family composed of aristocrats and former Hitlerite spies in cassocks and civilian clothes. Most of the press attacks were directed against three persons as the leading offenders. They were Father Marian Pierozynski, Father Antoni Samulski, and Jan Paszenda. Later, all diocesan centers of Caritas were attacked and investigated.42 The press attack was follow ed by the order of January 23, 1950, which put Caritas under enforced administration by the Government.43 Father Antoni Lemparty, a collaborationist priest, was made the chairman; Jan Frankowski, known for his subversive activities against the Church, Pawel Jasienica, a Catholic publicist, and a few others were appointed as members of the managerial staff.44 On January 25, 1950, the Government through its police and party agents intimidated nearly 1,600 people at a Warsaw meeting, including diocesan and regular clergy and nuns, in order to condemn the Caritas activities and support the decision of the State. The principal speakers at the meeting were Prime Minister Jozef Cyrankiewicz and Minister of Public Administration Wladyslaw Wolski, a notorious foe of the Church. The speakers indicated their real aims in five steps: (1) to create a division between the faithful and the lower clergy, on the one side, and the hierarchy on the other; (2) to break the united attitude of the Polish bishops; (3) to force the bishops into submiss ion; (4) to take control of the Catholic Church in Poland; (5) and to transform it into a tool of the State, as had been done with the Orthodox Church in Russia.45 4. Legislation Affecting the Temporal Goods of the Church 59

The Polish Hierarchy reacted immediately with strong protest against this injustice. On January 24, 1950, Cardinal Adam Sapieha, Chairman of Caritas, sent a telegram to President Boleslaw Bierut in which he said: Deeply shocked at search and seizure of Caritas and at the tone of articles in the pres s, I protest and ask for change of behavior, Cardinal Adam Sapieha, President of Caritas. 46 The telegram was unanswered and without result. Therefore, on January 30, 1950, the Polish Hierarchy assembled at a plenary conference in Cracow and sent a letter of protest to President Bierut. The bishops explained in this letter that the Government s action against Caritas was highly unjust and illegal because the order of the President of the Polish Republic of April 22, 1927, did not apply to Caritas. This provision for the supervision and control of the activities of charitable institutions was used by the Government as a pretext to harm the Church. The Order of April 22, 1927, concerned associations and unions, institutions and establishments whose purpose was social welfare. Caritas, however, was part of Church s life. The promotion of love and mercy belongs to the essence of the Christian religion.47 In discussing the purpose of the Government s action against Caritas, the Bishops stated: Moreover, the method of control and its accompanying phenomena must evoke the greatest reservation concerning the intention prompting the action. One gets the impression that it is not real control prompted by concern for the public welfare, which is intended here, but the destruction of Caritas as a Church institution, and at the same time, the heaping of insinuation and calumny on Catholicism, in order to disrupt the Church in Poland. This impression is made by the large scale campaign staged in the press and on the radio, and by organized conferences and meetings.48 Furthermore, the bishops asserted firmly that the Government s accusations of misappropriation of Caritas funds were groundless. Then, the bishops condemned the State authorities mobilization of the Catholic clergy, religious, and faithful against Caritas. They described the methods of Government s agents as follows: Priests, religious sisters, and the faithful are brought to anti Church conference s, gatherings and meetings in various ways, not omitting terror, deceit (invitations to alleged lectures or official summons, etc.), orders, or the use of very strong moral pressure ... even from the members of the Party and officials of the Security Police. In some instances, the hunting down of priests has been organized. They have been pulled out of bed in the early morning by militia armed with rifles, who sometimes did not permit the celebration of Holy Mass 60 CHURCH AND STATE IN COMMUNIST POLAND

or forced the interruption of religious services to the extent that priests were sometimes brought in still wearing liturgical vestments.49 Finally, the bishops reiterated their protest and asked for the return of Caritas to the Church and its legal management. The letter was signed by Cardinal Adam Sapieha, Archbishop Stefan Wyszynski, Primate of Poland, and all the bishops.50 At the same plenary conference in Cracow, the bishops issued a statement to the faithful concerning Caritas. They informed the people of their formal protest to the President and of their sorrow at the seizure of Caritas. On this occasion, the bishops mentioned the merits of Caritas to the Polish people. They noted that the hostile Government propaganda did not mention even one word about the enormous service of Caritas in rescuing millions of Poles from misery, disease, and death, both during the German occupation and in the postwar period. The bishops stated also that Caritas tried to reach every poor human being regardless of his political or ideological opinions. The final part of the statement contained three important points: (1) Since the Government appointed a compulsory administration of Caritas, it ceased to be an expression of the charitable work of the Church. For the same reason, the Church could not be responsible for such an organization. (2) The interference of the Government in the internal affairs of the Church institution forced the bishops to liquidate it. Therefore, Caritas as an ecclesiastical orga nization no longer existed. (3) The bishops asked the priests and the faithful who previously had contributed to the development of Caritas for further support of the charitable works in the spirit of Christ s commandment of love.51 Also, on January 30, 1950, the hierarchy wrote a pastoral letter to the Polish clergy referring to the Government s action against the Church and its charitable work, and explaining what attitude should be taken by the priests in such a situation. It outlined six points which priests must observe. They are as follows: 1. Priests who at gatherings made speeches unbefitting the dignity of priesthood, against God s Commandments and the Canon Law and thus gave scandal to the faithful, have the duty of repairing the scandal in the most befitting way. 2. Priests should remember that they cannot participate in any meetings of a political character and flavor. 3. Moreover, they cannot participate in meetings directed against Church institutions and establishments setting priests against bishops; weakening the unity of the clergy; attempting to detach them from the hierarchy which means detaching from the true Church of Christ. 4. The priests should know that the Polish Episcopate has already done 4. Legislation Affecting the Temporal Goods of the Church 61

much and is prepared to do anything that is indispensable to the preservation of internal peace in the country and the maintenance of proper cooperation with the secular authority. With almost superhuman efforts, we are trying to avert from you the troubles and difficulties resulting from the present situation. However, there are certain limits, which we, bishops, must observe, if we are to be faithful to the Commandments of God and the Church and remain good shepherds. 5. It is our common concern to fight for the good name of the Catholic priest. Under no circumstances can we agree that this good name be used in a fight against the Church and Church institutions. Without condemning those who through ignorance or deceit permitted themselves to be involved in the reprehensible activities of people lacking a Catholic conscience, we call upon them to take a resolute stand in defense of the integrity of the priesthood and its internal discipline. 6. Finally, it is for us, Catholic Bishops, to remind those, who must be reminded, of the explicit regulations of the Church law, which forbids priests to accept any Church posts sine provisione canonica (Canon 147, #1), as well as secular positions, which are connected with responsibilitie s to, or dependent upon other than Church authorities (Canon 139, ## 2 and 3). It is an unfortunate necessity that we must direct the attention of those whom it may concern, to the regulations of Canon 2331, #1.52 The bishops concluded their letter to the clergy with the hope that the unfortunate experiences of the past would prepare them for the resistance of a possible one in the future. The prelates also praised the great majority of priests, who rejected negotiations with evil in spite of promises and threats. This strong admonition of the clergy was necessary to clarify the principles determining their attitude toward the Government and its actions. The bishops warning toward those who collaborated with the Government concerned a very small number of priests, who were for the most part coerced through blackmail for different alleged trespasses. A few weeks later, Cardinal Stefan Wyszynski issued a message to the faithful in Poland in which he explained all the facts of the Government s seizure of Caritas. He also stated that Caritas under the new administration no longer had Church affiliation. Following the seizure of Caritas, the Government met with many difficulties, which paralyzed the activities of the organization. Government s officials had no system for administering charitable institutions and the people did not trust them. At the same time, the usual donations for Caritas declined rapidly. Therefore, the Government was forced to offer subsidies.53 Hence, the activity of the Government s Caritas was soon drastically curtailed. The entire effort was concentrated on operating certain orphanages, kindergartens, 62 CHURCH AND STATE IN COMMUNIST POLAND

and kitchens. During the October 1956 Revolution, some people were convinced that Gomulka s Government would return Caritas to the Church, but this was an illusion. Hospitals From its earliest development the Catholic Church has constantly demonstrated a marked concern for the poor and the sick. The Church s interest was such that in the early Church one-fourth of the offerings given by the faithful was destined for the poor and the sick.54 To provide a better care for the needy, hospitals and other charitable institutions were founded in many places. The Church in Poland has a very ancient tradition of providing hospital services. In the beginning of the thirteenth century, hospitals were established in many cities, and this trend continued throughout the centuries of Polish history.55 These institutions were primarily operated and staffed by religious orders, religious congregations, and other pious foundations. The partitions of Poland and even the Nazi occupation did not stop the operation of these hospitals. However, it was the Communist Government in Poland which nationalized all hospitals owned by the Church, and thus ended this work. The Law of October 28, 1948, regulating institutions of public health provided that the Minister of Health could designate medical institutions owned by religious orders, religious congregations, and associations as social institutions of public health.56 This law gave the Council of Ministers power to decide whether Churchowned hospitals should be nationalized outright, or placed under Government administration. The Council of Ministers could also order that such institutions be administered by local authorities or taken over by them.57 These powers were used quite frequently by the Council of Ministers. On September 21, 1949, the Council of Ministers passed a resolution concerning the nationalization of certain hospitals.58 This resolution, on the basis of the Law of October 28, 1948, provided in its first article for the nationalization of three large hospitals.59 According to paragraphs two and three of the resolution, all personal properties of the hospitals were also nati onalized without compensation. Paragraph four declared that the State Treasury would assume all the rights and obligations of hospital administration which belonged to former owners.60 The Council of Ministers also passed on September 21, 1949, a resolution concerning the transfer to local Government authorities property rights of certain hospitals maintained by religious congregations, societies, and foun4. Legislation Affecting the Temporal Goods of the Church 63

dations.61 The resolution listed forty-six Catholic hospitals, in various locati ons throughout the country, which had been nationalized and taken over by the local Government authorities. These hospitals were nationalized without compensa tion; this nationalization included personal property used in these hospitals. In addition, paragraph three of the resolution ruled that the real property used for the support of the hospitals be used freely by the local Gover nment authorities. The resolution also declared that the local Government authorities would take over all rights and obligations of nationalized hospitals . The execution of the resolution was entrusted to the Minister of Public Administration.62 The remaining Catholic hospitals, which were not affected by the two resolutions, were later nationalized by the same means. The Resolution of the Council of Ministers of March 22, 1952, nationalized the hospitals operated by the Sisters of St. Elizabeth at Wielun, Province of Wroclaw.63 The Order of the Minister of Health of September 10, 1952, nationalized the hospital maintained by the same sisters at Nowogrodziec, County of Boleslawiec.64 The Resolution of the Council of Ministers of October 11, 1952, nationalized St. Joseph s Hospital erected by the Sisters of St. Elizabeth at Nowa Sol, County of Kozuchow.65 Eventually, the Government of Poland promulgated laws, resolutions, and orders until all Catholic hospitals were nationalized. Following the nationa lization of these hospitals, standards of hygiene were not observed, and even Communist press was forced to note this. Hence, order was replaced with the traditional Communist chaos. The State authority ruled the hospitals through so-called social vicedirectors, who were members of the Communist Party, were frequently members of the secret police, and lacked knowledge of hospital administration. They were to carry on political propaganda among the patients and employees, and supervise directors, who were professional physicians. Such directors could not serve in the administration of the institution without permission from the social vice-directors.66 The religious sisters and brothers who formally operated the hospitals were originally permitted to continue their work under the new administration; however, they were gradually eliminated and replaced by lay nurses. Ecclesiastical Buildings During World War II, the Nazi Armed Forces occupied a great number of buildings that belonged to the Catholic Church. Most of these buildings housed minor and major seminaries, colleges, and high schools. When the 64 CHURCH AND STATE IN COMMUNIST POLAND

Nazis left Poland, Russian troops took over the Church buildings and used them until the end of the war; then the Polish Communist Government finally seized all these buildings for its own use, calling them former German property. These buildings served as governmental offices and quarters for the Communist Armed Forces. The Church authorities demanded the return of these buildings; however, the Government ignored the requests and failed to return the property. For example, in the City of Sandomierz, a diocesan see, the Communist authority occupied three Church buildings in 1944: the minor seminary, the diocesan hall, and the residence of the auxiliary bishop. In order to regain these buildings, the diocesan authority addressed several requests to the higher governmental organs, but without result, and many of these requests were unanswered. It was evident that the Government had refused to return the diocesan property in spite of the constant efforts of the Church officials.67 On July, 1952, the Government seized the buildings of minor seminaries operated by religious orders and religious congregations.68 The officials of the Department of Denominational Affairs in the company of police and members of Communist Party simultaneously invaded minor seminaries throughout Poland, announcing that they had the Government s instructions to confiscate them. Telephones in the offices were cut off immediately and the seminarians were taken away. In many places violence occurred because the students resisted. The confiscating squads had bricklayers with them in order to separate the quarters of the religious teachers from the seized parts of the buildings.69 From the beginning of 1959, the Government considered all ecclesiastical buildings in the Recovered Territories as its own, on the basis that all this property belonged to the Germans. Because of that, the Government deprived the Church of these buildings or ordered that the rent to be paid for the use for them. The ecclesiastical authorities had taken over the Church property in the Recovered Territories on the basis of the Decree of March 8, 1946, according to which the property of German juridical persons of public law becomes, by virtue of the Law, the property of corresponding Polish juridical persons. 70 From 1944 to the end of 1958, the Government did not question the Church s rights to the German ecclesiastical property in the Recovered Territories. Even in the period of Stalinist oppression the Government did not dare to deprive the Church of this property. However, the Gomulka Government began to nationalize it. St. James Parish in Olsztyn sued the Government agency for collecting rent from ecclesiastical buildings. When the case was lost in the district court , the parish appealed to the Supreme Court of Poland, which rejected it. The Supreme Court justified its action in the following manner: 4. Legislation Affecting the Temporal Goods of the Church 65

The Catholic Church in People s Poland is not a juridical person of public law. There is no provision in the Polish laws which would give the Roman Catholic Church or its institutions a public law character. The Concordat between the Apostolic See and the Polish State was declared not binding in the Government s resolution of September 12, 1945, as the result of its unilateral breach by the Apostolic See. The Church has no public tasks entrusted to it by the State. That the Roman Catholic Church is not a juridical person of public law follows from the basic principles of the political structure of the People s Poland which, since the beginning of its existence, adopted the principle of separation of Church and State.71 This was one of very few cases which entered the court. Usually, the Church did not bring such cases to court because it is commonly known that every court decision was dictated not by law but rather by the Communist Party. Furthermore, it was not possible to appeal a party decision. A classic example of the manner in which the Communist Government seized ecclesiastical buildings can be seen in the case of the chancery building in Kielce. In July 1958, the Bishop of Kielce received permission from the State authority to build a new chancery building. The plans and the site were approved, and the permit for construction was issued. In October of the followin g year, the building had been completed externally. At the same time, Government revenue agents finished a detailed investigation of the chancery officials and auditing of their books. The agents imposed on the diocese a tax of approximately of two and one-half million zlotys (ca. $100,000). Two hundred thousand zlotys were immediately taken as a partial payment of taxes and the diocesan bank accounts were impounded. Protests to Government authorities brought no results. A special appeal to the Council of State was not answered; instead of an answer, the diocesan automobile, office equipment, and printing shop were seized by the revenue agents as partial payment. The remainder of the tax took the form of a mortgage on the real estate belong to the diocese.72 In January 1960, the municipal authorities in Kielce approved of a new Regional Health Center, and selected as its site the place where the chancery building was already constructed. Then, the Provincial Health Department called upon the Diocesan Curia to sell the land, ignoring the fact the new chancery building was erected there. The price offered by the Health Department was approximately two million zlotys. The curia refused to sell and protested attempts of intimidation. Bishop Choromanski, Secretary of the Episcopate, and Bishop Klepacz, member of the Joint Church-State Commission, intervened with the Government. Again, the protest and intervention were ineffectual.73 66 CHURCH AND STATE IN COMMUNIST POLAND

On February 29, 1960, the Provincial Authority decided to expropriate the grounds and fixed March 24, 1960, for the expropriation hearing. During the hearing, the representatives of the diocese explained that the diocesan authority constructed a new chancery building according to the State law and after obtaining all necessary permissions and approvals. They also charged the Provincial Authorities with an illegal and absurd action. In addition, the ecclesiastical representatives pointed out that the seizure of property bought and constructed with the offerings of the faithful was a great offense against the Catholics of the Diocese of Kielce. It also emphasized that the taxes imposed on the curia on account of the new building were much higher than the sum offered for the grounds by the Provincial Health Center authorities. Thus, in the event of expropriation, the diocese would be forced to give the Government the grounds and the new building without any compensation and, in addition to that, pay a half million zlotys as a tax. Finally, represent atives of the diocese requested that the expropriation proceeding be stopped, in order to send the case to higher authorities for a decision.74 On April 6, 1960, the Presidium of the Provincial People s Council issued an administrative decision, which gave the Health Department authority to occupy the diocesan building and land for reasons of public interest. The curia again protested this injustice to the Council of the State. There was no response. On April 21, 1960, the personnel of the Health Department entered the new chancery building by force and began to remodel it for its new purpose. At the same time, the Diocesan Curia sent a protest to the Attorney General, who answered that he could not interfere in the case. The actions and the decisions of the supreme organs of the Government administration were not subject to his jurisdiction. The Ministry of Health answered that it saw no irregularities in the action of the Provincial Health Department in Kielce against the Diocesan Curia. Moreover, in the middle of May 1960, revenue agents seized the remaining construction material for taxes.75 It seems apparent from this case that the Communist Government of Poland used principally tax system to force the Church to give up its buildings. This is a well known Communist method, which was perfected in the Soviet Union immediately after the 1917 Revolution and in eastern Poland after the Soviet occupation in 1939.76 These taxes were imposed upon the buildings of diocesan seminaries, priests quarters, and parish buildings. The tax was so high and unreasonable that no one was able to pay it.77 In addition, in order to discourage priests from defending Church property against the seizure, the Government also demanded from them exorbitant personal taxes.78 4. Legislation Affecting the Temporal Goods of the Church 67

CHAPTER 5 The Church s Teaching Activity in the Schools The Catholic Stand on Education On the basis of the natural law, parents have the first and immediate right to educate their children.1 This right comes directly from the Creator and is inalienable and anterior to any right whatever of civil society and of the State. 2 The teaching of the Church in this matter has been expressed, very precisely, in Canon 1113 of the Code of Canon Law, which states that parents have a grave obligation to secure, as far as they can, the religious and moral education of their children as well as their physical and civic training.3 The Catholic Church protects the rights of parents with regard to the education of their children to such an extent that it never consents, except under very special circumstances and with particular caution, to baptize the children of non Catholics, or to provide for their education against the wishes of their parents.4 When parents send their children to a school, they delegate to it thei r educational rights. In this case, the school has as much power to educate the children as was given to it by the parents. The responsibility of education alwa ys remains with the parents.5 The authority of the parents is not, however, an absolute or despotic one to be exercised merely for their own benefit. If the pa rents would neglect the material welfare of their children in such a way that the children might be a burden to society, the public authority could interfere with their rights in education.6 Pope Pius XI confirmed this viewpoint when he said: The State can exact, and take measures to insure that all the citizens have the necessary knowledge of their civic and political duties, and to a certain degree of physical, intellectual and moral culture which considering the condition s of our times, is really necessary for the common good. 7 He emphasized, however, that the State, in promoting education, should respect the inherent right of the Church and of the family concerning Christian education, and 68

moreover must have regard for distributive justice. The Pope condemned as unjust and unlawful any monopoly of education which, physically or morally, forces families to make use of government schools, contrary to the dictates of their Christian conscience, or contrary even to their legitimate preferences. 8 If the State takes care of education and its schools are maintained by a general taxation, it must provide school systems that would satisfy the desires of any minority of parents or citizens.9 Like the State, the Church has not only a natural right to educate, but a divine positive right as well. The Church was appointed by Jesus Christ to teach all nations.10 This divine appointment gives the Church a unique position in education. The law of the Church clearly regulated this matter. Title XXII of the Third Book of the Code of Canon Law treats of the Church s rights to educate its members and erect schools. According to Canon Law, the members of the Catholic Church, from their early childhood, must be taught the Catholic faith and morality. As far as this teaching is concerned, the law gave a right and imposes serious obligation not only upon the parents, as mentioned in Canon 1113, but also upon those who substitute for the parents. 11 When Catholic children attend an elementary school, they should receive religious instruction in accordance with their age. Secondary school must provide further religious training for their students.12 In places where there are no Catholic elementary or secondary schools, the law imposed a duty on the local ordinaries (diocesan bishops) to establish them,13 because, as a general rule, Catholic children should not attend non Catholic, neutral, or mixed schools.14 The diocesan bishop is competent to determine, in accordance with the norms of the instruction of the Holy See, under what circumstances and what conditions Catholic children may attend such schools.15 In order to promote Catholic education, local bishops also have the duty to establish a Catholic university. The canonical establishment of such a universit y is reserved to the Holy See.16 The Code of Canon Law gives the local ordinary the right to visit all schools in order to investigate matters connected with religious and moral instruction. He may make these visits personally or through delegates.17 The purpose of these visits and investigations is to see that nothing is taught or done contrary to Catholic faith and morals.18 Religious Instruction in the Elementary and Secondary Schools By and large the Catholic Church in Poland did not need to establish its own elementary and secondary schools, since the entire nation was Roman 5. The Church s Teaching Activity in the Schools 69

Catholic. There were, however, some Catholic schools directed by Catholic orders.19 The Church and the State had some joint institutions, which served the same purpose, viz., the spiritual and material welfare of the citizens. The majority of Polish schools were among these joint institutions. The history of this union between Church and State schools began with the conversion of Poland, when the Church established its first schools and began teaching the Polish nation. The Church in Poland not only initiated education, but also perfected it through the centuries. Moreover, the Church provided the State with many well-established institutions of learning. The Polish nation was always appreciative of the Church s contribution in the field of education. This appreciation can be seen in the State legislatio n, which provided complete freedom in erection of Catholic schools as well as religious instruction for all Catholic students. Expression of this traditional cooperation between the Church and the State was made in the State s legislation in the period following World War I. The 1921 Constitution in Article 117 stated that every citizen has the right to teach, erect schools or educationa l institutions, and operate them, if he will fulfill the conditions provided by law in regard to the qualification of teachers, the safety of the children entrusted to him, and loyalty toward the State. 20 Article 120 of this Constitution provided for mandatory religious instruction in every public school which educated youth under eighteen years of age. This provision concerned the schools supported entirely or partially by the State or local government. The direction and supervision of religious instruction in schools was given by this article to a particular religion. The State, however, reserved to itself a general supervision.21 Article thirteen of the 1925 Concordat, which refers to mandatory religious instruction, partially repeats the provisions of the 1921 Constitution. It applies them to the Catholic Church and regulates the appointment of teachers. 22 On the basis of these two laws, the Minister of Religious Denominations and Public Education issued the Executive Order on Teaching the Roman Catholic Religion on December 9, 1926.23 In the first paragraph of this order, the Minister stated that instruction of the Roman Catholic Religion is mandatory for all Catholic students in State schools (except in institutions of higher learning), or those which enjoy the right of State or public schools.24 The school authority has an obligation to provide a teacher of religion if the Catholic children number at least twelve. If the number of children is lower than twelve, they should receive religious instruction with the children of the neighboring school. Should this be impossible, the inspector or principal of the school should contact a local pastor or, with the consent of the bishop, 70 CHURCH AND STATE IN COMMUNIST POLAND

ask a lay person to give religious instruction. According to the Order, the number of hours and the schedule of Catholic religious instruction should be determined by the Minister of Religious Denominations and Public Education in agreement with a competent ecclesiastical authority. Handbooks for religious instruction were to be approved by the Minister and the Church authority. In addition, the recommendation of the local bishop was needed for these books.25 In accordance with Canon Law,26 the ministerial Order provided for the right of local bishops (ordinaries) to visit and supervise the schools. If t he local bishop should visit and supervise the schools through delegates, their names should be given to the school authorities. Regarding visitation of religio us instruction by the school authorities, the Order ruled that inspectors and heads of secondary schools could visit religious instruction classes, but they could not examine the pupils. They could, however, make some recommendation s concerning the methods of education. In the elementary schools, religious instruction could be observed only by an inspector or higher school authority. Heads of elementary schools could be present in the class during religious instruction, but they could not make any comments.27 Religious practices were also regulated by the Order. It stated that students had an obligation to take part in religious practices, because such practices were a part of religious education. The ecclesiastical authority, in agreement with the Minister of Religious Denominations and Public Education, regulated and determined the religious practices of the youth. The Order provided four obligatory religious practices: (1) participation in Mass with sermon on Sundays, Holy Days of obligation, and at the beginning and the end of school year; (2) three days of common retreat once a year; (3) Confession and Holy Communion as a body three times a year; (4) a common prayer at the beginning and the end of daily classes. Priests teaching religion, administrators of the schools, and teachers had to see that all regulations conc erning religious practices were observed by the students. The final provision of the Order stated that the priests who were to give instruction in religion were to be spiritual directors of the school children. As such, they had an obligation to take care of the religious and moral life of their pupils. They were also to participate in all school conferences and facult y meetings where problems in educating their students were discussed. It is noteworthy that this Order also provided for the teaching of Catholic children by lay teachers. In the secondary schools, a sum of money was provided for expenses connected with the religious life of the school.28 The ministerial Order, which was based both on the 1921 Constitution and the 1925 Concordat, demonstrates the liberty enjoyed by the Church in religious education of the Polish youth before World War II. The degree of 5. The Church s Teaching Activity in the Schools 71

this liberty helps one to estimate the harm inflicted by the Communist Governmen t on religious education in Poland. This damage was the most serious in the life of the Catholic Church in Poland. The occupation of Eastern Poland by Russian Communist armed forces in September of 1939, and subsequent suppression of religious education, were a prelude to the persecution of religious life throughout Poland, which took place a few years later. Very strong units of the Soviet armed forces invaded Eastern Poland in the second part of September of 1939. Communist agents, who followed the regular troops, immediately abolished religious instruction and prayer in the schools. Pupils were forbidden to attend Mass on Sunday, which became an ordinary working day.29 An eye witness described a tragic episode in the schools as follows: In January 1940, the League of the Godless arrived with the Government grant of three million rubles with which to start its program. Special commissions were appointed for the propagation of atheistic doctrine in the schools. The whole story of schools, of the ordeal of school children generally, and of the immense fortitude and determination of those children displayed in their resistance to the new teaching, must be told elsewhere. I have no space here to do more than record the fact.30 The postwar Government of Poland began its work against the Church by limiting religious instruction in schools. Restrictions were applied slowly but viciously. One of the first measures was the requirement that only priests could teach religion. This measure eliminated lay teachers. This was harmful, especially immediately after the war. Imprisonment in Nazi and Communist concentration camps had reduced the number of priests to half. Subsequent regulations created further difficulties for the Church by limiting the hours in which religious instruction could be given and by setting up political requirements for priests who wanted to instruct in schools.31 The Circular of the Minister of Education of September 13, 1945,32 based upon Article 12 of the 1921 Constitution, provided for mandatory religious instruction.33 The purpose of this Circular was not only to eliminate confusion in the interpretation of the Order of the Minister of Religious Denominations and Public Education of December 9, 1926, but also to limit religious instructio n in schools to a minimum. This was clearly indicated by the provisions of the Circular. In the first of its four points, the Circular stated that, according to Article 120 of the 1921 Constitution, religious instruction is compulsory in all schools supported entirely or partially by the State and local authorities, which enroll youth under eighteen years of age. However, in the light of Article 112, no one could be compelled to participate in religious activities or rituals unless 72 CHURCH AND STATE IN COMMUNIST POLAND

subject to parental or guardian care. Therefore, religious instruction cannot be compulsory for these students whose parents or guardians did not belong to any denomination, or whose parents did not wish this religious instruction because of their religious convictions. The second part of the Circular further limited compulsory religious instruction by stating that the students who belonged to the denominations not legally recognized by the State should be dispensed from this instruction. In other words, compulsory instruction concerned only those students who belonged to the denominations which were legally recognized by the State. According to the third point of the Circular, parents who did not desire religious instruction for their children should declare it to the school authori ties during registration. School authorities did not have the right to investigate whether parents belonged to any religious denomination. The last point stated that when doubt arose whether a child should be sent for religious instruction because of a difference in religious convictions between dead parents and a tutor, the court should advise or decide what is to be done.34 At the end of the Circular, the Minister of Education recapitulate d his statements and added that students who did not attend religious instruction should not receive a grade.35 A careful reading of this Circular reveals a striking difference from the Executive Order of the Minister of Religious Denominations and Public Education of December 9, 1926. The Executive Order regulated almost every possible problem concerning religious instruction in schools. This facilitated peaceful cooperation between the Church and school authorities. The Circular left many problems unsolved in order to give the Government an opportunity to regulate matters as it wished. The history of religious instruction in school s under Communism proved that sufficiently.36 Soon, after the promulgation of the Circular, the Government s opposition against the Christian character of the schools began. In addition to the limitation of religious instruction, atheistic propaganda has increased in schools. Minister of Education Skrzeszewski s angry answer to a delegation of protesting educators was the following: The youth must be educated not only according to the wishes of the Government, but must become Communist as well. I am aiming at this, and I will do this. If I will not succeed, I will call for the help of the Security Police. 37 The Minister s attitude toward the education of youth caused rumors that the Government would eliminate religious instruction in schools. The members of the Government were displeased by these rumors because they were aware of their unpopularity with the people. In order to stop the rumors, Minister of Public Administration, Wladyslaw Wolski, in a conversation with the Secretary of the Polish Epis5. The Church s Teaching Activity in the Schools 73

copate, declared that, all rumors about liquidation of religious instruction in schools are groundless. However, while providing religious instruction in schools, the Government will strongly observe that the principles of the Constit ution, which says that freedom of religion cannot be used contrary to the law. 38 In spite of this solemn declaration assuring the continuation of religious instruction in schools, the school authority waged a secret war against it. Confirmation of this fact can be found in the pastoral letter of Bishop Stanisla w Adamski, Ordinary of Katowice, which was read in the churches of his diocese on January 23, 1949. The bishop deplored the persecution of religion in schools and said that in spite of Government s assurances that religious instruction will be given in schools, the religious attacks have not ceased, but have multiplied. 39 The number of hours of religious instruction was decreased on a variety of pretexts. A typical pretext, bishop wrote, was the alleged shortage of instructors. However, when the Church offered priests, the offer was rejected. The bishop also stated that a pressure has been brought to bear on many parents to demand an end to religious instruction. Encouraging parents to defend their right to the religious instruction of their children, he said You have the right to oppose by any peaceful method all attempts to deprive your children of religious instruction. 40 In the beginning of 1950, the situation became so serious that the Polish Episcopate, in concluding the Agreement of April 14, 1950, demanded new legal assurances from the regime. These assurances were given in Article ten of the Agreement.41 However the assurances of the Communist Government even legal ones are rarely kept. This fate befell the assurances of Article ten of the Agreement. The Polish Hierarchy expressed its disappointment in the protest of September 12, 1950, addressed to President Bierut in saying: Article ten, point A, of the Agreement, clearly established the rights of school youth to perform religious duties. In the light of those rights, how strange is the removal of crucifixes from classrooms, which changes ancient customs and offends the religious feelings of the youth. How sad is the pressure put upon the youth of the Christian Friends Association and in boarding schools, preventi ng them to wearing religious emblems, praying and visiting churches. 42 Next, the bishops protest pointed out that the fight against religion was conducted by the Government in kindergartens attended by Catholic children. They understood that the purpose of this fight was to isolate these children from any expression of religious life and its endeavors. The hierarchy stated that it had evidence of violence against the souls of the children by teachers in kindergartens. In discussing the suppression of religious instruction in school, the bishops wrote as follows: 74 CHURCH AND STATE IN COMMUNIST POLAND

Officially the Catholic religion is still being taught in the majority of Polish schools. In reality, however, there are now approximately one thousand schools in which no religion is taught. The number of these schools is growing. After the liquidation of private schools, State schools, in which religion is to be taught, have been handed over to the Children s Friends Association, which conducts schools without religion. This takes place in spite of the proclaimed principle that only State schools can exist in Poland. This is a violation of the Constitution, which assures religious instruction in public schools. It is noteworthy that the whole procedure of transforming State schools into schools of the Children s Friends Association consists merely in removing religion from the curriculum.... It is clear, that by using this procedure, a struggle against religion in schools is carried on without legislative decrees. Here again, we are confronted with a violation of freedom of conscience. In those localities where only schools of the Children s Friends Association exist, both children and parents lack the opportunity of making a choice. Moreover, we possess proof that parents are forced to enroll their children in the schools of the Children s Friends Association. Very often parents submit to this compulsion through fear of losing their positions at work and means of their existence. In short, one must state that contrary to its pledge in Article ten, point A, of the Agreement, which states that the Government does not intend to restrict the present status of religious instruction in schools, the Government of the Republic of Poland introduced such restrictions: (1) through the transformation of schools giving religious instruction into schools of the Children s Friends Association; (2) by reducing the number of hours of religious instruction in the first and the second grades; (3) by mass removal of priests and teachers of religion, whom the bishops cannot replace with other priests.43 The bishops also protested against the suppression of Catholic schools. They based their protest on the 1950 Agreement and said that contrary to Article ten, point C, of the Agreement, Some Catholic schools have recently been liquidated without reason, others have been doomed to slow liquidation by the abolition of the eight grades. A program containing anti Christian ideology has been imposed on all these schools, thus violating their Catholic character. 44 Returning to the removal of priests as instructors of religion in schools, the bishops declared that in conjunction with the Stockholm Peace Campaign, more than five hundred priests had been removed from their positions as instructors of religion in schools. The reason given for their removal was the refusal to sign the Peace Appeal. Nevertheless, in many instances priests who signed the Peace Appeal had also been removed.45 As the consequence of the Government s action against religious instruc5. The Church s Teaching Activity in the Schools 75

tion in schools, the number of schools without religious instruction was growing rapidly. In view of this, the Church was forced to organize religious instruction in churches. However, this method of instruction was very difficult in practice because the school authority, in order to prevent students from going to the church for instruction, organized compulsory courses and games at the same hours. Great distances between home and church, especially in rural areas, caused additional difficulties. When some parish priests attempted to hold religious instruction in remote villages, the Security Police accused them of underground illegal activities and sentenced them to imprisonmen t. In the following years, the state of religious instruction grew worse. Large numbers of Catholic schools were closed and most of the public schools were without religion. The Polish Bishops Memorandum sent to President Boleslaw Bierut on May 8, 1953, reflects this situation when it states that religion is being systematically removed from public schools on the pretext of transforming them into schools of the godless Society of Children s Friends.... In the remaining schools, the number of hours for religious instruction is being reduced. 46 Besides the old methods of abolition of religious instruction a new one was introduced, viz., the complete restriction of publication of religio us textbooks.47 The Government did not limit its action to the elimination of religious instruction in schools, but began to indoctrinate students in materialism. The bishops deploring this fact stated: Poland, which for a thousand years has been a Catholic country, where more than 90 percent of the people are Catholics, strongly attached to their faith, the children of Catholics are educated and trained, contrary to the wishes of their parents, in the Marxist spirit and in an atmosphere, which is not only indifferent to religion, but is directly anti-religious and anti Christian.... Through the application of diversified methods, the present school policy in Poland encroaches upon the freedom of conscience of the younger generation; destroys in the young people all the values implanted in them by home and church education; and teaches then to lie and to foreswear the most sublime ideas and principles. There is no need to explain that such educational policies, despite the formal guarantees contained in the Agreement, are in glaring contradiction to natural law, to universal human laws, to rights guaranteed in the Constitution of the People s Republic, and to the Decree on the Freedom of Conscience and Religion.48 In the 1954 55 school semesters, religious instruction has been completely eliminated from regular class hours in the State schools.49 This situation 76 CHURCH AND STATE IN COMMUNIST POLAND

existed until October 1956, when the Stalinist Government fell and Gomulka s Government took over. The 1956 Agreement, in its second paragraph, guaranteed religious instruction in schools and regulated its implementation.50 On December 24, 1956, the Minister of Education, Wladyslaw Bienkowski, announced the Government s policy of unhampered freedom for religious instruction in Poland. He added, however, that at the same time, secularity of schools should be preserved. 51 After this announcement, priests, nuns, and lay teachers went again into schools to teach religion. I happened to be one of them. New hope surged among persecuted Catholic parents and their children. Crosses were restored to the classrooms and prayers were recited before and after the classes . The students received instructors of religion with great enthusiasm. The author of this work was one of the high school instructors received in such a way. The youth started, again, to study religion with a deeper realization of its importance. In many cases, the delinquency of the youth decreased as the result of the religious instruction in schools.52 Unfortunately, this atmosphere did not continue. As soon as Gomulka s Government found itself well settled in the country and had come to an understanding with the Communist leaders in the Kremlin, the suppression of religious instruction resumed. The Government again deprived parents of the right to educate their children as they wished. Atheistic indoctrination was reintroduced in the schools.53 In 1958, the school authorities made a drastic move against religious instruction by depriving about two thousand of religious priests and nuns of the right to instruct religion in the schools. The explanation for this was that the members of religious orders did not have sufficient education to teach in State schools.54 Also the Government sponsored and organized the Society of Secular Schools for development of the schools without religious instruction. The founders of the Society of the Secular School ... were almost exclusively the employees of the security forces and the party apparatus dismissed during the October turnabout.... The Society became gradually the second party controlled ministry of education, supported by the local party committees against the educational authorities and using this support to organize various acts of (antireligious) diversion. 55 The Society for the Secular School had been organized by the government in order to promote the principles of the socialist secular upbringing and education. The main goal of the society had been teaching of socialist upbringing, especially in the area of socialist moral education. In 1969, this society had merged with the Society of Atheists and Free Thinkers. This united organization named itself the Society for Promotion of Secular Culture.56 In May 1959, there were thirty-two thousand members of the organiza5. The Church s Teaching Activity in the Schools 77

tion, including four thousand teachers. These figures indicate that the Society of Secular Schools was not too popular in Poland. Thirty-two thousand members out of thirty million Polish people is not a great number. Nor was the Government s propaganda for secular schools successful among the teachers. The total number of teachers in Poland reached about one hundred and thirty thousand in 1959, but only four thousand joined the society. It should be noted that most of these people who joined the society did it under pressure applied by the Government through the institutions in which they taught.57 A strong pressure was also exerted in order to establish schools without religio us instruction. This could be seen from the rapid growth of these types of schools. The magazine of the Polish Atheistic Organization Argumenty (The Arguments) in its issue of July 1959 discussed the problem of religious instruct ion in schools. According to this magazine, the number of schools without religious instruction increased from 250 to 402 within a few months. The magazine predicted that this number would increase to over 1000 in 1959 60.58 Another of the Government s magazines, Nowa Kultura (The New Culture), announced in the fall of 1959 that in Warsaw alone there were sixty-six schools without religious instruction, twice as many as in the previous year.59 In the city of Czestochowa, only one school was without religious instruction in 1957. In 1960, of a total of fifty-seven schools in that city only seven offe red religious instruction.60 In two industrial cities of the Kielce Province, Ostrowiec and Starachowice, religious instruction had been eliminated in all schools. In addition, religious instruction was banned in 520 schools in various towns and villages of the same province. In place of the abolished instruction, special courses in knowledge of religion were introduced by school administration. 61 The following table demonstrates the increase in the elimination of religious instruction in schools throughout Poland from 1957 to 1960. Year Number of schools without religious instruction 1957 30 1958 402 1959 1500 1960 2713 In 1960, these 2713 schools had an enrollment of 800,000 children.62 The abolition of religious instruction in schools was protested by the Polish Bishops in their Pastoral Letter of September 4, 1960. After discussing various methods used by the Government to persecute the Church, the bishops described the problem of religious instruction as follows: 78 CHURCH AND STATE IN COMMUNIST POLAND

To all these considerations, one should also add an immense chapter concerning the Catholic education of children and the youth of Catholic families. It is truly difficult to find an adequate description for what took place with regard to religious teaching in the past school year, while in the new school year matters are even worse. One simply forgets that religion was legally introduced into the schools; that this was a recognition of the rights of free men, of the commands of their conscience, of their freedom of religion and their freedom to educate their children in accordance with their Catholic world view. These administrative practices violate the rights of the parents.... They expose educators themselves to a deep conflict of conscience, even to the denial of God, by forcing them to declare themselves partisans of a secular school. The propaganda of the omnipotent supporters of the so-called secular schools often went so far as to say falsely that it was the bishops and priests who did not want religious instruction in schools. The arguments given against teaching religion in the schools, used in regards to parents, are often unethical and perverse. What must one think of the so-called secular ethics in whose name such outrages are committed?63 The bishops pointed out that, officially and from a legal point of view, religious instruction should be given in schools. The Government did not pass any legislation which would suppress religious instruction. In practice, the abolition was brought about by administrative means directed through the Communist Party. These acts of injustice indicate the meaninglessness of the Communist law. The omnipotent supporters of the secular schools, which were mentioned in the bishops pastoral letter, were organized and supported by the Government itself. It is a vicious circle, in which the Government creates and subsidizes an organization with the direct purpose of violating and breaking the State s laws. This one is of the principal feature of Communist legislation. When in 1961 the Communist Government totally abolished religious instruction in public schools, the Catholic Church organized its own catechetica l centers, in which priests, nuns, and qualified secular persons taught basic principles of Christian faith and morality. In their Pastoral Letter of 1963, the Polish Bishops expressed a great joy because of a success of these educational centers. They wrote, We look with a great appreciation on the sacrificial catechetical work of the diocesan and religious priests, religious sisters and secular men and women. Many of them teach 30 or even 40 hours a week. Plus, the time for preparation of their lessons, long distances to churches, missions and catechetical points, which are located at private homes in distant villages. We are watching them when in the midst of many obstacles they see to it that all the children receive a high quality religious instruction, that 5. The Church s Teaching Activity in the Schools 79

during the winter the rooms are heated and the classes held in the most convenient time for the children. With a great joy, we are learning from the reports of the instructors, that children and young people attend their religious classes very eagerly and regularly. The sacrifices which they make in conjunction with their religious instruction do not weaken their zeal but rather fortify and mature their Catholic attitude. We are happy to hear that there is a growing interest in religion among the parents, whose children are attending the classes of religious instruction. Our priests are asserting that Catholic parents, even those who do not regularly attend their church, consider their children s participation in the religious instruction of the utmost importance.... However, besides joyful reports concerning the religious instruction there are some sad and disturbing events. From the beginning of this school year, the Inspectorates of Education are issuing multiple prohibitions against religious instruction. In a number of dioceses in Poland, all priests who belong to religious orders, priests who are pastors and their assistants, received an official prohibition to instruct religion. A similar prohibition deprived the nuns and secular instructors of the right of teaching religion.... Another official order, which affected the whole country, prohibited religious instruction in private homes, parish halls, chapels, and even in some churches. This prohibition was contrary to the freedom of believing in God and signified a liquidation of religious instruction in certain localities. As such, it was impossible to implement it. Therefore, the government imposed severe monetary penalties on those who disobeyed the prohibition. In the last months, the Inspectors of Education are ordering the pastors to submit their reports on the religious instruction even in their churches. The pastors cannot at all submit such reports to the authorities of education because a religious instruction in churches is a normal pastoral work of the Church, which is not under the control of the educational authorities. The Constitution of the Polish People s Republic and the Understanding between the Government and the Episcopate guarantee the freedom of the pastoral and catechetical work of the Church.64 Not only the Polish Bishops but the Communist authorities as well discovered that the religious instruction offered outside the public school system functioned quite well and was very effective. Therefore, the Communist Party directed its school authorities to disrupt this enthusiastic catechetical work of the Church. The tool of this disruption was to be the forthcoming reformation of the state educational system. One of the features of this reformation was a provision for all-day-long classes so the students would not be able to attend their religious instruction. The Episcopate became aware of the Government s perfidious intentions 80 CHURCH AND STATE IN COMMUNIST POLAND

and informed the people of Poland about its attitude toward the educational reform. In their pastoral letter written on May 5, 1973, the bishops wrote as follows: The State s supreme policy making bodies have undertaking efforts to improve the conditions of education in Poland. The entire national community attentively watches these efforts because the wellbeing of the young generation is near our hearts and all of us feel responsible for it. The state authorities are preparing this reform in stages so the public may have a chance to discuss it. In the most recent time, the authorities published two important documents, which prepare a way for the projected reform of education and upbringing. They are The Report on the State of Education, which was worked out by the Committee of Experts, and the April 1973 Diet s Resolution On the Task of the Nation and State in the Education of Youth and its Participation in the Construction of the Socialist Poland. The Polish Bishops participated two times in the work of the Committee of Experts and submitted, at first, introductory comments and then, a very detailed memorial on the education of the youth. They also mailed a letter to the Diet, in which they demanded the parental rights in education of their children in accordance with the parents convictions. Both the Report of the Committee of Experts and the Diet s Resolution contain many presumptions and formulations, which are intertwined with the basic human and Christian values. Both these documents emphasize, among others, a decisive task of the family in the education of the young generation. Besides the generally recognized principles of education and upbringing, there are unfortunately also in both documents such which cause serious fears. The Report of the Committee of Experts and the discussion, which preceded the Diet s resolution, are predicting an introduction of the afternoon classes and an opening of consolidated schools, which are totally novel in the Polish system of education and upbringing. Both the first and the second innovation cannot be reconciled with the fundamental role of family in the upbringing of a child. In a case of the afternoon classes, a family would be deprived of its child for most of the day; and in the case of consolidated schools, the child s time with the family is very limited. These things will have many detrimental educational consequences. First of all this proposed reform would limit parents relationship with their child, thus depriving them of a possibility of any educational influence, even of a right to be with and having their child at home. In such a situation, a child who has parents and a family home would be, in practice, forced to be educated by an institutional home (Dom Dziecka) operated by the government for the children of unfit parents.... 5. The Church s Teaching Activity in the Schools 81

This type of education would certainly be detrimental to the formation of child s personality.... Experiments in such institutional homes indicate that there is no real substitute for the environment of the familial home.... Family is the most beneficial environment for the formation of moral basis, which constitute a foundation of the social order. In the family environment a child learns educational patterns for his own life and for a formation of his future family.... All day long classes in school create a practical impossibility for conducting of the catechetical work, which helps the parents in fulfilling their educational duties.... Both of these documents apropos the reform of education and upbringing underscore the necessity of a uniform educational system. They call for a common effort on the part of school and family, educational institutions and social organizations, of a mass media and work establishments, whose goal is a socialist education. Theoretical premises and a long lasting experience strongly indicate an obvious tendency toward the Marxist and atheistic education. How could we reconcile such a uniform educational system with our Polish reality in our common toil of believing and non-believing people; who should be served by equal laws in educating their children in accordance with their personal convictions? These laws have their foundation in the Constitution and other state laws, as well by multiple assurances of the representatives of the highest state authorities, in which they are affirming that in Poland there is no difference between believing and non-believing citizens. They also declared publicly for the benefit of the national community that a non-introduction of the atheistic education in schools is the most reasonable principle, from the point of view, of freedom of conscience and religion. Both of these documents, which are foretelling the reformation of the education and the upbringing, are silent about the rights of believing people to the upbringing of their children according to their religious principles. We judged that such a passing in silence is impossible to accept! The people of faith who constitute an absolute majority of the Polish Nation have the right to the clearly expressed guarantees protecting their freedom of religious education of their children both in their family and in the outside catechization program. They also have the right to the school s respect of their own, as well as of their children s convictions. The teachers and educators enjoy the same rights of respect of their religious convictions and they cannot be compelled to use any educational methods which disagree with the spirit of Christ s Gospel. During the approaching months, the projected educational reformation will be a subject of discussions held among the educators and the members of parents associations, which will appear in the press, on the radio and television. A duty of every believer in Poland is to express his views in person or in writing concerning this serious matter, which will affect the future of the Nation and the Church. 82 CHURCH AND STATE IN COMMUNIST POLAND

The Polish Bishops are presenting their position to the Government of the Polish People s Republic and, at the same time, will join again the discussion on the Report of the Committee of Experts and the Diet s Resolution. Dear Parents and Educators, we recommend to your proven and mature national and Christian prudence, courage and fervent prayers in the upbringing of the young Polish generation. With a great confidence, we put our youth in the strong and good hands of the Mother of Christ and His Church, Our Lady of Jasna Gora, the Queen of Poland. Through Her intercession we ask, our Heavenly Father, for blessings for You and for our beloved youth.65 As we can gather from the above pastoral letter, the Polish Bishops, the priests, and most of the Polish people were quite aware by that time of the perfidious methodology a methodology which the Communist Government used in violation of its own constitutional laws, in its attempt to separate the nation s children and youth from their parents and their church in order to bring them up as atheists and communists. What is very interesting to observe is that in 1973 neither the Communists nor the Churchmen anticipated the imminent bankruptcy of Communism and the emerging spiritual power in making of Polish Christianity. Both sides believed in their respective victory perhaps in one century or so. The passion of attacking the Church, on the Government s side, and the passion of self-defense of the Church somehow obscured the political and the theological foresight. Even though some sociologists and political scientists claimed that Communism has, in its very system, seeds of self-destruction, in the light of military power of the Soviet Union not too many people took them very seriously. Although a number of distinguished theologians and historians of Christianity, who had a profound knowledge of the Christian religion and its historic persecutions, predicted a new victory of the Church in Poland, neverthe less, in view of the Polish Government s strength, based on the Soviet armor divisions, only some educated persons accepted this optimistic prediction. After the Polish Bishops and the Catholic intellectuals learned more about the proposed reformation of the education, the bishops wrote another pastoral letter on the occasion of the Feast of Our Lady of Czestochowa on June 17, 1973. Among other things, the bishops wrote, in this letter apropos the reformation, as follows: Beloved God s Children of the Polish Nation. On the Feast Day of Our Lady of Jasna Gora, we wish, once more, to call to your attention a new danger, which threatens our young generation in our Christian Fatherland. This danger is concealed in the projected program of the Diet s Resolution made in April of this year. 5. The Church s Teaching Activity in the Schools 83

As we have informed the faithful in our letter which was read on the third of June of this year, the above mentioned resolution is to call for the discussion of the projected program. We firmly state on our part, that the whole matter under the discussion is being approached (by the government) in such a way as if there were no faithful Catholics in Poland; as if there was no Christian tradition in our Fatherland; as if the Church was absent in the history of the Nation and in the work of education; and as if Catholics did not take part in the work of the contemporary Poland. An eventual implementation of the new program would be a violation of the basic rights of a human person in the area of the freedom of conscience and religion which the Second Vatican Council calls for in its Declaration on Freedom of Religion, and which in Poland are guaranteed by the Constitution of the Polish People s Republic and the Paris Declaration on Education. Therefore, we cannot be silent. The State laws cannot go against the Law of God, otherwise they would not oblige in conscience. We are speaking about it openly, because it is a common problem of the members of Christ s Church a problem of the bishops and priests, parents, youth and children. Our sacred duty is to see to it that everything is done in accordance with the religious conviction of the entire Catholic community. Catholic parents, do you realize where the new project of education of your children in schools and the compulsory extension of time of remaining in school building leads? We are afraid that the purpose of this is not to help you who are tired at work but rather to deprive you of the educational influence on the young generation and to create a state monopoly of the atheistic upbringing. Your children, who would daily remain a dozen or more hours outside of your home without the parental care, would be brought up according to the principles of materialism and exposed to the greatest danger of losing their faith. You cannot agree with it! The Catholic community cannot agree with it either! After all, they are Your children! You have the natural right and parental duties to raise them up according to your religious principles. The school is a national institution and belongs to the Nation, to family, to community, but not to one or another party, sect or group which preoccupies itself with infamous and even hostile activities destructive to the Nation and state of uprooting faith from the hearts of the children and youth. The Resolution on the socialist upbringing is not, as yet, a law. If it would become a law, it would cause the Nation incalculable damages. Let us consider what, instead of permanent divine values, our children would receive in the projected godless upbringing? What moral principles would be the basis of this upbringing? What values would it show? Unfortunately, there is a lack of answers to these questions, because there are no such answers. What substitute could one introduce for unchangeable principles of upbringing, which are rooted in Christ s teachings and based on magnificent examples from the history of our Nation?... 84 CHURCH AND STATE IN COMMUNIST POLAND

Therefore, we suffer a great pain when under our very eyes the cornerstone of the construction in Christ is being removed by the people, who are attempting to build now a new or a second Poland, while, we well know, that there is only one Poland! The one, and the same from the prehistoric times until today. We owe Her our love, our service, sacrifice and even, God willing, our lives. In order to be always ready for these, we need unity in Christ and in the Church. The Nation is strong in faith not in unbelief, because only the Nation of faith knows what it wants. Therefore, we are asking all those on whom this unity in faith depends that they should not annihilate it, because the entire Nation desires unity in Christ and in His Church.66 It appears to me that the Polish Bishops wrote the above letter in rather strong terms. I believe that the letter was authored in a hurry, by a small grou p of bishops, a committee. It is obvious that some sentences were inserted, and because of this, some sentences are lacking logical flow. It was primarily directed to the members of the Church, and indirectly to the leading members of the Communist Party, who were using the projected reformation of education as an instrument of vitiating the Church s catechetical program. These members of the Communist Party knew very well that they had no chance of introducing Communism to Poland unless its youth became godless. Their masters at the Kremlin prompted them to use the Russian pattern, which worked in the Soviet Union, but it was difficult to apply in Poland. There is a great difference in the nature of the structure and organization in the Orthod ox and Roman Catholic Churches. The next message of the Polish Episcopate concerning the reformation of education was the Declaration in the Matter of Upbringing of the Catholic Youth in Poland issued on September 14, 1973. Unlike the previous pastoral letter, the Declaration is composed calmly and tends to give historical, legal, and theological background to the most important assertions it contains in a form of a discourse. What follows are the most essential parts of the Declaration. 1. In connection with the projected reform of upbringing of the youth, Polish Bishops took part a number of times in its discussion and at the same time addressed this matter to the highest state authorities and to the general Catholic community in our Fatherland through the means of pastoral letters and speeches. This present pronouncement has a character of declaration, which the Polish Episcopate makes publicly, delivering it to the Diet as an expression of the position of the Catholic Church and Catholic community s opinion in the country and at the same time, making it public. In the light of the fact that the Catholic community constitutes the overwhelming 5. The Church s Teaching Activity in the Schools 85

majority of our Nation, we think that this form of the announcing would not be missed by the highest legislative body in our state when its members will be making a decision about the character of the law pertaining to the future upbringing of the youth. 2. Having participated in the discussion about the upbringing of the youth in our country, we appreciate the initiative undertaken to reform of education in Poland. In our developing society, which is looking for new roads of further development, there is a need for this reform. Among other goals, this reform is aiming at equating of the level of education for all students but in particular for the students from villages. There is also a need to form a rational world s view that is opened to all values of the human culture and to the wealth of religious life. Especially, in the Polish Nation, which was civilized by Christian faith and morality for one thousand years, there is a postulate of basing the upbringing of its youth on the finest examples drawn from the history of the cultural and social life of the Nation, which calls for references to the principles of the Christian education. The assumption of an uniform upbringing shall not mean the narrowing it to the promoted single one world s view and a single system of upbringing, which at the same time excludes and even militates against religious values, which constitute the cultural inheritance of the Nation. The State s and school law, which formulates social and civic foundation, must respect the rights of a family to the upbringing of children in moral and religious traditions of the Nation and the rights of the Church to the proclamation of Christ s Gospel for the salvation of all the believers. 3. We wish to bring to your attention again the objective values of Christian education and their unique role in the shaping of man and community. These values are generally human and supranational.... At the basis of a truly humanistic system of education must be the truth about the man s dignity, of every human being without any exception. At the time when people are humiliated and discriminated by people, protection of our young people from demoralization means above all a showing a great and inviolable value, which is every human being.... In the community educated according to the Christian principles, this basic truth finds its deepest substantiation in the affirmation that man is created into the image of God, redeemed through the love of God s Son, Jesus Christ, called to the cooperation with God in ordering the world, and to the participation in God s life forever.... Demonstrating man s dignity and defining its life s and actions goal, educational system should formulate clear moral demands, which every person should answer, if he is to be a good human being. Among these moral demands, which generally are acknowledged and appreciated the first, which comes to the fore, is the principle of doing good for others. Without this principle it is impossible to live a truly human life neither 86 CHURCH AND STATE IN COMMUNIST POLAND

it is possible to create a social order in which a person can find a secure place for himself. In Christianity, this principle was formulated by Christ as a new commandment of mutual love, which is based on the example of His own love for humanity. Without such a love whose example and ultimate reference is God s love for man, therefore, all the attempts of socialization will miss the target as demonstrated by sorrowful educational experiments conducted in our country and other countries as well.... In the system of education, a great importance is attached to the life in the community, which ought to develop a human being and help him in reaching the fullness of humanity. Among various kinds of communities, the most basic one is a family, considered always and everywhere as an indispensable environment for molding mature people who are on demand for the welfare of the Nation and humanity. Christian upbringing demonstrates a perfect pattern of a family living in a constant love, responsible for the welfare of a child and sanctified by God s presence, which constitutes an irreplaceable factor in building an order and the commonwealth.... 4. With this kind of educational philosophy, the Church entered and is continuously entering into the history of various peoples and nations during the changing of historical epochs when some of the economic or political systems were replaced by other ones. In the Polish Nation, Christian education became a part of its history and thus made a great impact on all the areas of its life. Our most precious Polish experiences and achievements in education in the past are indeed Christian.... The Christian system of education based on Christ and His Gospel passed an examination many a time in the most critical periods of the history of the Nation.... 5. In the face of the projected reform of education, both the Polish Episcopate and the entire Catholic community would like to remind that this reform cannot be achieved in a contradiction with the binding in our state leading principles, which secure freedom of conscience and religion to all citizens and affirm the rights of the parents to bring up their children according to their own beliefs. These rights are contained in the Constitution of our State, the Universal Declaration of Man s Rights; and described in the international conventions, which were ratified by the Counsel of the State and printed in the Gazette of Laws as in force in Poland. These principles are an expression of the natural moral law, whose observance is a condition for legality of governing. This natural moral law, confirmed by the reveled Law of God, which is obeyed by the Church the community of the believers. It is unthinkable to raise children religiously without the systematic teaching of religious truths. Both religious parents and children have the right which assures them of such teaching. Any interference in the implementatio n of this law is a plain discrimination in the light of the above quoted documents. Besides, the Constitution and especially the Criminal 5. The Church s Teaching Activity in the Schools 87

Code of our State provide punishment for those who interfere in religious activities of other citizens; such an activity is catechization or systematic religious instruction. In the light of the actual experiences of violating the laws, which are in force in our country, the forthcoming law on the education of our youth should clearly describe the rights of the Church and the believing citizens to the religious upbringing and education of their children and youth. A silence in this matter awakens a basic lack of faith in this law. The Catholic community demands that the practice of school upbringing must not be contradictory with the basic decisions of our jurisprudence, namely: a) that the State, in the new system of education, should not monopolize its right to the upbringing of the children and youth. In principle, the function of education belongs to the family and the school has to support it; b) that children should not be subject, in school and in the whole system of education including summer camps etc., to forced atheism as well as pulling them away from their religious duties; c) that the program of school activities, especially of the socalled centralized schools, and the afternoon school activities should not disturb the Church in organizing catechetical and pastoral work among the youth; d) that the state does not give itself the right of intervention into the catechetical and pastoral work of the Church among the children and youth. The State authority and in particular school authorities are obliged to strictly abide by these demands. Moreover, we demand that the forthcoming law pertaining to education would guarantee, at least, the above demands. These are minimum demands, which the Catholic Community must make. In the light of the above listed legal norms, it would be desirable to open special schools, which would provide a proper upbringing and education for all Catholic youth in accordance with the beliefs of their parents. If we limit our demands to the catechization and the customary pastoral work among the youth; we have the right to expect that the new anticipated law would not limit or make it difficult. Therefore, the school authorities cannot retain school youth and children in school in order to make it impossible for them to attend their church catechization. Permissiveness in violating the rights of believing people as contradictory with the present Constitution would make the Christians understandably doubt the concordance of the legal regulation with the Constitution; and would thus undermine the existence of government s correctness of jurisprudence in our country.67 88 CHURCH AND STATE IN COMMUNIST POLAND

In the sixth and final point of this Declaration, the bishops speak about the importance of the Polish national tradition, which highly respected and observed freedom of conscience and religion. At the same time, such a position promotes true humanism and human progress. On the other hand, any convictions or worlds views, which are forcefully imposed by a given political or social system , stand in a total opposition to the welfare of humanity and its progress.68 Catholic Schools of Higher Learning Before World War II, the Catholic Church in Poland maintained the Catholic University of Lublin and the schools of theology at the State Universit ies in Cracow, Warsaw, Lwow, and Wilno. After World War II, the Soviet Union seized and occupied the eastern part of Poland. Thus, the Church lost two theological schools. The Catholic University of Lublin The Catholic University of Lublin inaugurated its academic work on October 20, 1918, after the Communist liquidation of the Theological Academy for Clergy in St. Petersburg. Its founders were Father Idzi Radziszewski, a student of Cardinal Mercier at the University of Louvain and a former rector (president) of the Catholic Theological Academy in St. Petersburg, Mr. Karol Jaroszynski, Mr. Franciszek Skapski, and the Polish Episcopate.69 Mr. Jaroszynski, Mr. Skapski and some others financed the opening of the university. At first, there were four schools: the School of Theology, School of Canon Law, School of Law, Sociology and Economy, and the School of Humanistic Sciences. During the period between wars, the Catholic University of Lublin developed to such an extent that it was able to influence the Catholic life of the entire country. The Nazi and the Communist occupation in 1939 interrupted the activities of the university. In 1944, when the Nazis left the City of Lubli n, the Catholic University resumed its work immediately. Students came from all over the country and the early classes started before the war ended complete ly. The number of students grew constantly. In the academic year 1951 52, there were already 3509 students. The following table shows the number of students in various schools. School Number of Students Theology 101 Canon Law 24 Christian Philosophy 833 Civil Law, Social and Economic Sciences 305 Humanities 2246 The university employed sixty-seven professors and docents.70 5. The Church s Teaching Activity in the Schools 89

Later the Communist Government suppressed the School of Civil Law and the School of Social and Political Sciences. The causes of this suppression were the far-reaching consequences of the Christian approach to these subjects and the influence of the graduates upon the worldview of the nation. In 1958, the Catholic University of Lublin celebrated its fortieth anniversary. During the period of its existence, the university conferred 16, 232 Master and Doctor degrees and published 282 scholarly books. At the same time, an excellent library containing over half a million volumes opened its doors to the students.71 These figures substantially increased in 1959 and 1960. On October 20, 1968, the university celebrated its 50th anniversary of the academic ministry to the nation. On this occasion, the Polish Episcopate addressed a pastoral letter to its faithful people. In this letter, the bishops wrote about the main goal of the Catholic University of Lublin, its short histor y and the present situation at the university. Writing about the contribution to the nation of the Church, the bishops stated, In spite of its limited possibilities, the contribution of the Catholic Universi ty of Lublin to the national and Catholic culture is great. In its 50 years discounting the time of war 21 thousand male and female students completed their studies. 7,500 persons received their Master degrees, 435 persons graduated with doctorates, 45 persons passed their examinations to qualify them to teach as assistant professors, and 9 persons were awarded honorary doctorates. During that time, hundreds of professors worked at the university, who lectured, conducted scientific research, wrote books, edited scientific journals, and published articles. All these achievements enriched our culture. It is also worthwhile to mention that, up to now, the university gave the Church 33 bishops and the primate.... At this time, the university still had four schools; however, the School of Law and Social and Economic Sciences, which were suppressed by the Communist Government, were replaced with the School of Christian Philosophy. Since the government also liquidated certain sections of the School of Human Sciences, the number of students in 1967 decreased to 1779 persons, scientific and didactic experts to 239 including 58 professors and assistant professors, and 181 adjuncts. Besides the scientific, editorial, and educational achievements of the Catholic University of Lublin, there is its library, which employs 61 persons and possesses 500,000 catalogued units and about 33,000 not yet catalogued units. In addition to these, there is a highly specialized library of 160,000 units in the fields of theology, philosophy and humanities.... In addition to its achievements, the university has serious problems. In spite of its achievements and input into the national culture, the government eliminated certain schools and sections of schools, whose main purpose was the education of secular students. Another painful problem 90 CHURCH AND STATE IN COMMUNIST POLAND

for the university is the slowing of its necessary development and the unjust seizure of its property. The third harmful problem is the imposition of taxes on the university, which is something unheard of because this kind of higher learning institution is not a profit enterprise, but on the contrary, it is greatly beneficial to the society. Finally, in spite of the high qualifications of the university candidates for assistant professorship, the government s denial of the validity of their exams is a great pain to us. We hope that the healthy mind of the nation and the feeling for a national welfare will ease the removal of the prejudice and discrimination and allow the university to serve the nation and humanity through a full realization of its Catholicity. 72 The Communist Government in Poland was aware that the Catholic University of Lublin served to strengthen Catholicism in the country. In order to limit the work of the university, the Government opened up its own university in the same city. The State University was erected as a temptation to poor Catholic youth. This measure did not succeed because the majority of the Catholic youth were determined to study at the Catholic University in spite of financial difficulties. Besides, the Catholic University provided many scholarships for those students who could not afford tuition and board. In January of 1950, the Catholic University of Lublin suffered a vicious attack by a Communist organization. This attack had been in preparation for quite some time. The Communists infiltrated the students of the university and then organized a branch of the Government-sponsored organization, the Student Union of Polish Youth. This organization intended to take over the university but the strong opposition of the faculty supported by a great majorit y of the students paralyzed the attempts of the Communists. Communist interference in the internal affairs of the Catholic University of Lublin was a serious warning to the Polish Episcopate. Therefore, when signing the 1950 Agreement, they demanded an assurance from the Government. This assurance was formulated in Article eleven, which says that The Catholic University of Lublin shall be permitted to maintain its present scope of its activities. 73 The Government, however, did not cease its subversive activities vis vis the Catholic University and began to use stronger measures. The Government started to remove professors and restrict the activities of some the schools. The Polish Episcopate, in its letter to President Bierut on May 8, 1953, protested these measures saying: Contrary to solemn promises ... the situation of the Catholic University of Lublin is becoming more difficult and uncertain. More than ten professors have been removed from the university for some unknown reasons. Moreover, the School of Law, Sociology and Economics has been closed. The remaining Catholic academic center is prevented from 5. The Church s Teaching Activity in the Schools 91

fulfilling its task freely and thus gradually losing the character of a Catholic school.74 After the removal of the professors, the rector (president) was forced by the Government to leave the university. Appointments to the vacant chairs and to the office of the rector were made according to the Government dictates and under its pressure. This situation existed until the fall of 1956. Under Gomulka s Government, the banned professors returned to their chairs, and a new rector (president) was appointed. However, the Government did not allow the previously liquidated schools to reopen by the order of the Communist Ministry of Education. The new Government did not abandon the idea of destroying the Catholic University. The Government intended to accomplish this by excessive taxation, although the university is a nonprofit institution; the educational work of the university has been exclusively supported by the voluntary contributions of the Polish Catholics. In December 1956, the Joint State-Church Commission agreed to suspend all mutual financial claims. The State representatives recognized that the past taxation of the Church institutions was unjust and impossible to pay.75 In spite of that, the supposedly liberal Government of Gomulka abrogated the suspension of financial claims and collected by force old, unjust taxes. Nevertheless, on January 4, 1960, the Government froze the bank account of the Catholic University of Lublin in a move to secure taxes already due for the years 1950 to 1954. The money, which belonged to the university, was actually transferred to the Government s Income Tax Office as a partial payment. This action was taken, of course, without advising the university.76 Thus, the Government left the university without funds for current expenses. The income tax levied against the university for the four-year period was equal to $146,000.77 In spite of these difficulties, the Catholic University continued its activities . Every year new students came to study in this oasis of Catholic education. Every year new graduates left the campus of the university to go all over the country to disseminate the truth. The Catholic people of Poland continued to sacrifice a great deal in order to support the university during that difficu lt time. Theological Schools As stated previously, there were two theological schools in Poland at the end of World War II. One of them was at the State (Jagiellonian) University in Cracow and another at the State University in Warsaw. Priests, seminarians, and laymen from all over the country were studying at these schools. The School of Theology in Cracow had a long tradition dating from the 92 CHURCH AND STATE IN COMMUNIST POLAND

fourteenth century. The Communist Government, in its fight against all Catholic institutions of higher learning, abolished these two theological schools in October 1954, and founded the so-called Academy of Catholic Theology at Bielany near Warsaw.78 Father Jan Czuj, a collaborationist priest, was invited by the Government to be the rector (president) of the academy. The Polish Hierarchy ignored this un-canonical institution, which after the death of Father Czuj was in a state of dissolution. Then, Father Jan Stepien , a biblical scholar, who did not collaborate with the Government, became a new rector. He restored order at the academy and made it attractive to many clerical graduate students. During Father Stepien s presidency, the Academy flourished and earned the bishops trust and blessings. According to Article 9 of the 1989 Law, the legal status of the Academy of Catholic Theology is defined by the Law for the Higher Education. The statutes of the Academy are confirmed by the Minister of Higher Education, after an understanding reached with the Minister for Religious Affairs and the ecclesiastical authorities. In addition to the Academy of Catholic Theology, the Government established the Christian Theological Academy at Chylice near Warsaw. This Academy had two departments: one for Evangelical Christians and another for Old Catholics.79 Besides the above academies, the Church managed to establish five other higher education schools. They are (1) the Papal Theological Academy in Cracow; (2) The Papal Department of Theology in Poznan; (3) the Papal Department of Theology in Wroclaw; (4) the Papal Department of Catholic Theology in Warsaw with its two sections: St. John the Baptist s and St. Andrew Bobola s Bobolanum ; (5) and the Department of Philosophy of the Society of Jesus in Cracow. These higher education schools offered graduate studies in theology and philosophy to both clergy and educated laity. The leaders of the Church believed that only well-educated bishops, priests, and laity created a formidabl e intellectual, moral, and spiritual force against Communism and its dialectical materialism. Communist leaders never learned to appreciate such a great force of Christianity. According to the well-known account, one of Stalin s ministers cautioned him not to underestimate the religious and moral strength of the Catholic Church and its papal leadership in Rome; he asked the adviser, How many tanks and airplanes does the pope have? The answer was, He has none. After hearing this answer, Stalin said, Therefore, I can ignore the pope and his Catholic Church. Had Stalin lived longer, he would have learned that the Pope John Paul II greatly contributed to the bankruptcy of the Communist system in Poland and perhaps in other counties of Europe as well. 5. The Church s Teaching Activity in the Schools 93

Diocesan Seminaries In accordance with Canon Law, every Polish diocese had founded its own diocesan seminary.80 The Polish prewar Government recognized the right of the Church to have seminaries in Article thirteen, point two, of its 1925 Concordat with the Holy See.81 In 1935, there were 2935 seminarians in all Polish seminaries.82 Two years later, in 1937, the total number of seminarians had increased to 3457.83 World War II brought disaster to the seminaries. In the eastern part of Poland, occupied by the Soviet Union, the Communists closed all seminaries of the Latin as well of the Eastern Catholic rites. The seminarians and their professors were deported to Siberia, except those who succeeded in hiding.84 Under the Nazi occupation, the seminaries were prohibited to accept any new candidates after September 1, 1939. If the war had lasted longer than five years, the seminaries would have disappeared because of the lack of candidates. When the war ended, in most of the seminaries there remained only the last class of seminarians, who were about to receive ordination to the priesthood. After the war, a great number of candidates came to the seminaries. In 1957, there were 3802 seminarians in twenty-three diocesan seminaries.85 The number of seminarians increased in 1958 to 4327.86 In order to create a schismatic church, the Communist Government desired to control the selection and training of seminarians. The Government made many attempts to do so but all of them were unsuccessful. Also, the Communist press demanded reforms of education in seminaries. W. Senko, a pro Communist writer, wrote in his article: It is especially worthy of notice that our diocesan seminaries continue to turn out young priests, who are educated for a world that ceased to exist ten years ago in Poland.... Can such priests fulfill their mission in respect to the people, if they do not learn in a seminary how to love and serve the present order?87 Thus far, the seminarians remained under strictly ecclesiastical control. Only for a short time did the Government succeed in placing collaborationist priests in some seminaries. This happened during the Primate s arrest.88 The Government, before October 1956, initiated destructive action against seminaries through its tax policy. Extremely high taxes were imposed upon the buildings and grounds, which belong to the seminaries. As a Diocesan Major Seminary administrator in Sandomierz, I had to cope with the imposition of these taxes on the seminary in 1955. An official letter addressed to me by a regional Communist Government s official, who was in charge of Church Affairs, requested my presence in his office on a cer94 CHURCH AND STATE IN COMMUNIST POLAND

tain day and hour to discuss the manner in which I would pay taxes imposed by the government s law on the Diocesan Major Seminary in Sandomierz. The official explained in his letter that the government considers theological seminaries as hotels and the students as guests therefore they are subject to taxation in the same way as hotels. After a short consultation with my superiors, the Rector of the Seminary, Rev. Dr. Adam Szymanski and the Bishop Jan Kanty Lorek, I decided to go to Warsaw in order to appeal this incredible ruling in the Office of the Ministe r of Religious Affairs. Although I had no appointment, the secretaries in the Ministers office received me with open arms and soon arranged for me to see the Minister. As soon as I went to his large office, I discovered that he was my age, very cultured and friendly. After exchanging pleasantries, I showed him the letter, which I received from regional official of Church Affairs in Sandomierz. He read it, smiled and said, I cannot believe how some of our officials can misinterpret the law. Then, he asked me to wait until one of his secretaries would type a letter contradicting the letter of the regional officia l. I returned to the general office opened my Latin prayer book, the Breviary, and prayed while waiting for the Minister s letter. After a short while, the secre tary who was typing the letter came to me and said that if I had other things to do in Warsaw, I should not waste my time waiting for the letter; she will mail it to me today. I was apprehensive about this arrangement and said to her: Thank you very much for your kindness but I have nothing else to do in the city, therefore, I would rather wait. Soon, the letter was ready and after receiving it, I rushed to the railroad station to take the first train, wh ich would take me to Sandomierz. The following day, I went to the appointment in the office of the regional Church Affairs official. He appeared very formal and serious. When I sat down, the first question he asked me was, Father, how are you going to pay your seminary taxes? My answer was very brief: Sir, in the light of this letter your question is irrelevant. Then, I handed him the Minister s official letter. When he read the letter, his hands were trembling because of anger or fear. He tried to control himself and be civil with me. Soon, I was on my way to Bishop Lorek s residence to report to him about my experiences both in the Minister s office in Warsaw and in the office of the regional official. The bishop was very pleased with this turn of events. At the same time, he asked me to be watchful because the Communist will never stop attempting to close our seminary. Bishop Lorek s warning became a reality. Following the 1956 October Revolution, Gomulka s Government continued the same policy as his predecessors. In 1960, Government authorities imposed excessive taxes on all diocesan seminaries in Poland. The government 5. The Church s Teaching Activity in the Schools 95

gave the most unusual rationale for the imposition of these taxes: since the seminaries provided board and room for the seminarians, they had to pay the same kind of taxes as did restaurants and hotels.89 The fact that the diocesan seminaries were nonprofit institutions of higher learning, which were founded, supported, and exclusively maintained by individual dioceses, was ignored by the Government. In order to create in the seminaries an atmosphere of fear and uncertainty, the Government called seminarians from a few seminaries to the military service. When the Polish Episcopate strongly protested such measures, the military authorities explained that it was a simple mistake. In September 1960, the Government sent its agents to search the libraries of the seminaries and to confiscate certain books. Among the confiscated books were The Great Mystery (on morality of sexual life) by Father Okonski, Sermons by Father Klos, and Dictionnaire Apologtique (Apologetic Dictionary). Rectors of the seminaries protested to the Government these illegal seizures and depravation of important books. As usual, the Government ignored the matter.90 A number of Public Security agents and the regional official of the Church Affairs targeted me as their potential informer about the inner working of our seminary. Why did they target me for such an ignoble work? I do not know the real answer to this question. Perhaps as the youngest member of the Diocesan Seminary staff in Sandomierz, I was more vulnerable than the older and more experienced and more educated seminary clergymen. Or, perhaps, because I was a veteran of World War II Home Army and came from a large hardworking farm family; or because I appeared to them as a modern priest who had, at that time, a driver s license and actually drove motor vehicles. To my best knowledge, Bishop Lorek and I were the only clergymen in the city and two out of three in the Diocese of Sandomierz who had such a license at that time. My first test came when two young and attractive women came to visit me in my apartment after work hours. It did not take me long to figure out that they did not come for a spiritual conference but rather for flirting. Soon, they made a habit of visiting me quite often. Since I was preparing myself for the defense of my doctoral thesis at the Jagiellonian University in Cracow, I had no time for such visits. Therefore, during their visits, I discussed with them various theological questions which I expected would be a part my examination at the university. Soon, they had enough of my theological discourse s and discontinued their visits. Then, a very attractive young lady appeared on the scene. She began to come to the seminary church where I celebrated the first morning Mass and then I heard confessions while another 96 CHURCH AND STATE IN COMMUNIST POLAND

priest celebrated the second Mass at the main altar. During that time, the young lady spent more time looking at my confessional than at the altar. After a couple of weeks of her daily aggressive performance, I asked the sexton to install a curtain in my confessional. She kept coming to the seminary church and seeking an opportunity to meet me. Finally, she managed to meet me at a social gathering. During our short conversation, she invited me to join her group of motorcyclists in touring Czechoslovakia. I thanked her for the invitati on and said that my work in the seminary and my study for my comprehensive doctoral examination did not allow me to join the interesting tour. From that time on, she ceased coming to the seminary church. The Public Security agents changed their tactic and decided to salute me in public whenever they wore their uniforms. To my knowledge, I was the only priest in the city they saluted. Their salutations were embarrassing to me in front of other priests, seminarians and lay persons because everybody feared these Communist agents, who arrested many innocent persons and brutally beat their prisoners. At the same time, when I rode my motorcycle or drove a car, the Public Security agents and the Church Affairs official had a habit of asking me for a ride. Obviously, they wanted the public to see them riding with me. I believe that their main purpose in doing these things was to show externally that I was their favorable priest and thus alienate me from the bishop and my fellow priests. During the International Fair in Poznan, Bishop Lorek advised me to visit the fair and to see if I could buy some modern kitchen equipment for the nuns who prepared our meals in the seminary and in such a way make their hard work easier. I thanked the bishop for his suggestion and made the necessary arrangements for my trip to Poznan. While I waited at the bus station for a bus to take me to the Railroad Station in Nadbrzezie, one of the Public Security agents, who lived across the street from the seminary campus, approached me and said, Father, are you going away? My associates and I wanted to talk to you. I replied, I am on the way to the World s Fair in Poznan for a couple of days and will return soon. After hearing this, he said, We will meet you at the rail station in Poznan tomorrow evening. After saying this, the agent walked away and left me in a state of shock: I did not know what to think or what to do. The first thought that occurred to me was that the agents wanted to arrest me away from the seminary in Sandomierz. Therefore, I felt a need to contact Bishop Lorek and let him know about my predicament. For this reason, as soon as I reached the railroad station and boarded the train, I decided to walk through all the cars of the train to see if I could find somebody that I knew and truste d to report to the bishop about my unusual experience at the bus stop in San5. The Church s Teaching Activity in the Schools 97

domierz. Fortunately, I found a fellow priest from the Diocese of Sandomierz and told him about my unpleasant experience at the bus stop. At the same time, I asked him to tell the bishop what I shared with him on the train if I would not return home from Poznan. I asked the fellow priest whether I should meet with the Public Security agents at the railroad station as requested . He was inclined to think that I should not meet with them. I thanked him for the godly counsel and resolved against the meeting with the agents. After arriving in Poznan, I went to the Resurrection Fathers convent where I spent the night and celebrated an early morning Mass. Then, I went to the International Fair grounds, where I spent the rest o the day. In order to avoid the Poznan railroad station the following day, I took a flight from Poznan to Warsaw and then uneventfully traveled the rest of the way home by train. As soon as I returned home, I made a report to Bishop Lorek of my extraordinary adventures on the way to Poznan. The bishop was convinced that the agents of the Public Security would not leave me alone. In the meantime , whenever I ran into the agents on the street, they always gave me a big smile and the usual military salute as if nothing happened. A couple of months later, I received a telephone call from one of the Public Security agents who lived across the street from the seminary campus. He asked me to meet with him and his associates in his apartment the following day. Immediately, I consulted with Bishop Lorek, who advised me to meet with them but to say as little as possible. Understandably, I felt nervous about this meeting. Therefore, at the end of the day, I went to St. Michael s Seminary church to pray in the darkness. The only light there was the red sanctuary light. The longer I prayed, the calmer I became to such an extent that at the end of my prayers, I had no fear of meeting the Communist police agents. When I returned to my apartment, I had a very peaceful night s rest. After celebrating an early Mass the following day, I went to the meeting with the Public Security agents. As I entered the second floor apartment, the agent who lived there guided me to his dinning room, where were two other agents. The host introduced me to them. The agent, who presided at the meeting, began with a short speech and said something to this effect: We know your background. You are a farmer s son. However, you made a cardinal mistake, during the war, by joining the Home Army (Armia Krajowa); an organization, which represented the owners of large land holdings and the rich class of people. You should have joined the People s Army (Armia Ludowa) instead. Nevertheless, because you are the farmer s son, we are inclined to overlook the mistake of your youth. Without waiting for the end of his introducto ry remarks, I interrupted him and said to him, Sir, at that time, no one knew anything about the People s Army in our area: it was non-existent 98 CHURCH AND STATE IN COMMUNIST POLAND

organization. The only secret organizations which were active in our district were the Home Army (Armia Krajowa), the National Armed Forces (Narodowe Sily Zbrojne) and the Peasants Battalions (Bataliony Chlopskie). The most active and popular of them was the Home Army, which I joined to fight the enemy of our country. He seemed to be satisfied with my explanation and then asked, Father, can you tell us something about your seminary? At this moment in time, I became aware why the Public Security agents summoned me to this meeting. I also remembered my bishop s words, Father, say as little as possible. When I heard the presiding agent s question, my mind was very clear and I had no fear. Then, I began to speak, Gentlemen, the Diocesan Seminary of Sandomierz, is an open book, therefore, there is nothing hidden or secret about it. It has a very large and high-quality student body of various state college graduates. At the same time, the members of the faculty are both highly educated and saintly priests. They teach their students not only theology, philosophy, homiletics and other professional subjects but also the love of God, of men, and of their country. There is a great need for priests with such an education. Poland experiences a great revival of Christianity follo wing the war. The church attendance is growing from Sunday to Sunday. A great number of people who did not attend the church for a long time are practicing their faith again. Perhaps you and your families have been away from the church for a long time. Please, do not hesitate to come back. It is never too late. When I said this in my short exhortation, the agents were looking at each other and exchanging smiles. Then, the presiding officer stood up and said, Father, we have no more questions for you. While leaving the meeting and shaking hands with the Communist Public Security officers, I said to each of them, God bless you and your family. I hope to see you attending Sunday Mass at St. Michael s Seminary Church. They said goodbye to me with big smiles. From that time on, they kept saluting me on the street but never asked me to meet with them again. When I reported to Bishop Lorek about the details of my meeting with the Security Officers, he was amazed that they let me speak to them in such a way. Shortly after this meeting, I applied for a Polish passport to visit my uncle in the United States. However, the official answer to my application was negative. When in the following year, 1956, I applied again for the same kind of passport, as a graduate student at the Catholic University in Lublin, the answer was positive. After receiving the passport, I did not share my good news with anybody in Sandomierz except Bishop Lorek and my parents. It appears to me that the Security Police officers with whom I met in 1955 were first-generation men in their office. Most of them were grade school and some high school graduates. They believed in the permanence of the 5. The Church s Teaching Activity in the Schools 99

Communist government in the Soviet Union and in Poland as well. They were also convinced that using priests as their spies on the interior life of th e Church in Poland and applying the government s restrictive legislation would neutralize it as an opponent of the Communist system of government in the immediate future and in their lifetime. The second generation of Security Police officers and the regional and provincial heads of the Church Affairs offices, who dealt with the clergy, were well educated and carefully selected for their destructive work vis vis the Church, its institutions, and its clergy. As such, they already realized that th at their predecessors attempt to destroy the Church in a short time was counterprodu ctive: it did not weakened the Church but rather made is stronger. At the same time, they became aware that the Roman Catholic Church is a very well organized institution, enriched by many centuries of experience and led by well-trained, highly motivated and dedicated clergy. Therefore, this second generation of the top Security Police officers began to develop highly sophisticated and long-term methods of marginalizing and possibly neutralizing the influence of the Church on the Polish nation. In the summer of 1960, the Government attempted to undermine freedom of education in diocesan seminaries by introducing into them its own officials whose purpose was to control reception of candidates for the priesthoo d and their curricula of studies. The bishops of Poland subtly referred to it in their Pastoral Letter of September 4, 1960. In recent times, a painful blow was struck at the freedom of education of young priests in diocesan seminaries. It was an attempt to infringe upon the freedom of the Church and the conscience of the young seminarians. Only Holy Church can supervise the education and the maturing of the priestly vocation, because the vocation is an internal religious matter, the work of the Holy Ghost. Indeed, the freedom of conscience of the faithful, for whom the priests are destined, depends on the freedom of education of the priests. The Polish Bishops looked with a great anxiety and pain upon this heavy threat to the freedom of the Church and conscience, and therefore lodge a protest with the appropriate authorities against these attempts.91 When the Government s attempt to introduce into the diocesan seminaries their own officials to supervise the enrollment of new seminarians and to control the curricula of studies failed, it began to terrorize the seminary administrators by removing some of them and by closing certain seminaries. The Episcopate, again reacted to this lawlessness by writing a short pastoral letter, which said 100 CHURCH AND STATE IN COMMUNIST POLAND

Beloved Diocesan Priests and God s People of the Catholic Poland: The Polish Episcopate is turning to you with a great heartache, full of anxiety concerning the work and even the existence of our major theological seminaries. The Government s Education Authorities requested a removal of six rectors in the diocesan major theological seminaries and ordered closing of four seminaries. We understand that this is just the beginning of a broader action, which in a short time would have deprived the Church in Poland of the future young priests. We feel that the Church is being threatened in its mission, apostolic work and in its very existence. It is an attempt by the Government of undermining the exclusive rights of the Apostolic See, which has a jurisdiction over the theological seminaries. Being aware of this threat, we Polish Bishops, gathered together for the extraordinary plenary conference in Warsaw on December 13, 1966, are summoning all faithful Catholics to a cordial prayer for your major theological seminaries. The young seminarians accompanied by their rectors and professors are on the way to Jasna Gora (The Bright Mountain in Czestochowa) to pray for internal peace in the work of our major theological institutions. The Polish Bishops make the State authorities aware of the rights of the Holy Church to a free education of those who will help to form the consciences of the People of God. We will make you acquainted, in the next communications, with the results of our pastoral intervention.92 As of October 1987, there were 17,726 diocesan and 5,706 religious (monastic) priests in Poland. At the same time, the number of major seminarians grew up constantly from 803 in 1971 to 1755 in 1982. The increase of the seminarians appears to be steady; thus in 1987 there were 1876 of them. According to Vincent C. Chrypinski, who provided the above numbers, Available information indicates the existence of several basic factors influencing vocations. Here belong such elements as family and social environment, the influence of active Catholic groups, and the personality and deportment of known priests. The inducement of social advancement, which played a very important role in attracting village boys before World War II, is now negligible. Yet the rural areas, especially along the Carpathian Mountains, still provide the majority of young seminarians, while the sons of workers, mostly from religious families of the Silesia, Opole and the Czestochowa regions, form another 30 percent plus of the new generation of priests, thus putting a question mark on the Marxist thesis that only peasantry can assure the inflow of vocations. On the other hand, the offspring of intelligentsia comprise only about 15.5 percent of the candidates for priesthood.93 5. The Church s Teaching Activity in the Schools 101

CHAPTER 6 Legislation Affecting Christian Marriage Marriage is the legitimate union of man and wife for permanent physical and spiritual companionship.1 Marriage is also an institution and design of God, the Creator, in which two human beings, indissolubly bound together, are His living instruments and highly honored helpers in the mysterious fashioni ng of new life and sharers of His love. 2 Etymologically speaking, the term matrimony is composed of two Latin words: mater (mother) and munus (function, duty). Therefore matrimony, marriage, is an institution in which the function and duty of motherhood are made possible. From the legal point of view, marriage is a contract by which two qualified persons of opposite sex give to one another the exclusive and irrevocable right to their bodies in order to love one another, procreate and educate children. 3 Jesus Christ elevated the marriage contract between two baptized persons, of the opposite sex, to the dignity of a sacrament.4 According to Canon Law, a validity of contracted marriage of two baptized persons, of opposite sex, consum mated by the conjugal act, can be dissolved only by death of one of them.5 The sacramental marriage is governed by divine and Canon Law. The civil authority can provide legislation concerning only the civil aspects of such a marriage.6 Matrimonial cases of baptized persons are subject to the exclusive jurisdiction of the ecclesiastical judge.7 The Code of Canon Law states that the primary purpose of marriage is the procreation and education of children; its secondary purposes are mutual help and a lawful remedy for concupiscence.8 This order of the ends of marriage was challenged by the personalist theory. According to the personalist view on marriage, the first purpose of marriage is the personal fulfillment of the spouses. The second purpose of marriage is the child, called the specific end of marriage.9 Jack Dominian, discussing this matter, says that The use of the word primary is derived from a conceptual abstraction, which bypasses 102

the thousand and one everyday experiences of the couple to reach the legitimate conclusion about the importance of the child, which married people accept without much difficulty. 10 A common criticism of the canonical formulation, which speaks in terms of the primary and the secondary purposes of marriage, is that it separates two things which in reality are inseparable. It is impossible to speak about the primary and secondary purposes of marriage without impoverishing the notion of marriage and making it unrealistic. The Fathers of the Vatican II Council reflected the contemporary theological and canonical views on marriage when they stated that, By the very nature, the institution of matrimony itself and conjugal love are ordained for the procreation and education of children, and find in them their ultimate crown. 11 This statement carefully avoided the traditionalist terminology of primary and secondary purposes of marriage.12 Peter Schoonenberg seems to reflect the personalistic and conciliar view of marriage when he says that Married people may, in all peace of conscience, aim first at the mutual fulfillment. They, then, assent to the purpose of procre ation by their openness toward it, or, to express it in a more manageable formula, by not excluding procreation. 13 In its pastoral solicitude, the Church guards and protects the transmission of life in the Christian marriage. The Code of Canon Law rules that persons who procure an abortion and mothers who consent to it automatically incur excommunication reserved to the Ordinary.14Men who procure abortions and their accomplices incur, in addition, irregularity for the reception of Holy Orders.15 Canon 2209 paragraphs 1 5, enumerates the active accomplices; paragraph 7, the accomplices after the fact of the crime. Civil Marriage Law Prior to 1945 As the result of partitions, Poland did not have uniform laws concerning domestic relations, that is, those concerning marriage and divorce, parent and child, guardian and ward, until 1945.16 In the eastern part of Poland occupied by Russia, the Russian law recognized and accepted the ecclesiastical law on marriage. Therefore, the conditions for validity and the form of marriage with regard to Catholics were regulated by Canon Law. Regulations of civil law were informative rather than obligatory. This law regulated only matters concerning mixed marriages and transfer from one denomination to another.17 In southern Poland, which was under Austrian occupation, the marriage 6. Legislation Affecting Christian Marriage 103

law could be found in the General Austrian Civil Code of 1811, paragraphs 44 136, and in some supplementary laws and orders.18 The Austrian marriage legislation tended to conform to Canon Law, but in spite of that, it contained some regulations contrary to the teachings of the Church. For instance, while this law provided for the ecclesiastical form for marriage, only in exceptional cases it permitted the civil form. The law did not recognize, however, the divorce of Catholics or mixed marriages.19 Law No. 47 of 1868 introduced civil marriage, which was permitted only when the clergyman of a denomination, recognized by the State, refused to assist at marriage for reasons not stated in the Civil Code. Law No. 51 of 1870 also permitted civil marriage of persons belonging to denominations which were not recognized by the State. All matrimonial cases were subject to the jurisdiction of civil courts.20 From 1922, in the territories of Spisz and Orawa two legal systems were in force, viz., the Austrian civil law and the Hungarian laws of 1897.21 In western Poland, occupied by Prussia, the marriage legislation was regulated by German Civil Code of 1896. This code provided a uniform marriage law for all citizens regardless of their religion and religious laws. The civil form of marriage was obligatory for all. Divorce was permitted in cases determin ed by civil law. Jurisdiction over marriage cases belonged to the civil courts. This law permitted ecclesiastical marriages, but such marriages did not have any legal effect as far as the State was concerned and could have been celebrated after the conclusion of civil formalities.22 The codification of a uniform Polish law began immediately after the restoration of Poland in 1918. The Commission for Codification prepared in 1926 a draft for the marriage law, which provided for a uniform civil marriage for all couples irrespective of their religion. According to this draft, matrimo nial cases such as nullity, divorce, and separation were subject to the jurisdiction of the civil courts. On account of a strong and determined opposition of the Roman Catholic Hierarchy, the draft became unacceptable to the Government . Negotiations continued between the Polish Government and the Holy See in order to find some compromise to the problem of marriage legislation . The outbreak of World War II in 1939 interrupted a settlement of this matter.23 After the seizure of eastern Poland by the Soviet Union in 1939, the Government of the Soviet Union introduced Communist order with regard to marriage. Fist of all, the Communist authority declared as invalid all ecclesias tical marriages and refused to recognize as valid birth certificates issued by churches. In April of 1940, all churches of all denominations were ordered to deposit marriage and birth records before May 5, 1940, in offices of the State authority . 104 CHURCH AND STATE IN COMMUNIST POLAND

After that date, the clergy were forbidden to assist at marriage ceremonies.24 In order to demoralize youth and thus break down the moral force of its resistan ce to Communism, marriages between high school boys and girls were introduced by the Soviet authority. At the same time, the Soviet divorce law was applied to the Polish people. The courts were instructed that the practice of religion by a husband or wife was a sufficient cause for granting a divorce.2 5 The 1945 Marriage Law The Soviet-sponsored Communist Government of Poland made a great use of the pre-war marriage draft and introduced the Marriage Law of September 1945, which went into effect on January 1, 1946.26 The new marriage law became a uniform law for the whole country. Article twelve, paragraph two, stated: Only a civil marriage entered into before an official of the Civil State Registry shall have legal effect as far as the State is concerned. 27 Thus, ecclesiastical marriage had no official character for the State. For this reason , the Decree of September 25, 1945, ruled that the civil authorities should keep their own records of vital statistics.28 In connection with this new law, these clergymen, who kept these records, were relieved of their official function and were ordered to turn over all records to the State Authorities.29 Articles twenty-four to thirty-five of the 1945 Marriage Law dealt with provisions for a uniform divorce law for all citizens of Poland, regardless of their religions. Divorce could be decided only by the civil court. Article twenty-four stated reasons for a divorce, which were: (1) adultery unless condon ed, or committed more that three years before the petition was filed); (2) attempt on the life of the spouse or offspring, also serious insult, mental cruelty unless condoned, or committed more than three years prior to the petition; (3) refusal to provide for the maintenance of the family; (4) abandonm ent of the family without good reason for one year, or even for a good reason if the spouse does not return within one year after the termination of such a reason; (5) perpetration of felony; (6) debauchery, dissolute behavior or inducement to immoral conduct; (7) practice of dishonorable occupation or extraction of profit from the same; (8) habitual drunkenness or drug addictio n; (9) venereal disease communicable to spouse; (10) mental disorder lasting at least one year before the petition is filed; (11) impotence or other incapaci ty to consummate the marriage if the spouse is under fifty years of age. The same marriage law provided two additional causes for divorce. First was a declaration of allegiance to German origin or to the German nation by one of the marriage partners during the Nazi occupation. The second was a joint petition of both parties for a divorce, which could be made after three years of married life. In the latter case, no reason for divorce was necessary.3 0 6. Legislation Affecting Christian Marriage 105

The 1945 Marriage Law did not recognize the legal effects of ecclesiastical marriage. Article thirty-seven, which refers to it, said that, The provisions of the law do not deprive the parties of the possibility of adding also, to the civil marriage, the performance of the ceremonies resulting from their membershi p in a religious association. 31 The decree by which the marriage law had been enacted revoked all previous laws on marriage, especially provisions concerning the contracting of marriage and its jurisdiction in matrimonial cases.32 After the promulgation of this marriage law, the Bishops of Poland firmly protested against it. The faithful were also opposed to new regulations and did not wish to go to the State authority for marriage formalities. Later, they slowly conformed to the new requirements.33 In the application of Articles twenty-four to thirty-five of the 1945 Marriage Law, judiciary practice followed two basic trends. According to the first, the disintegration of married life was decisive and sufficient legal ground for granting a divorce. The followers of this trend emphasized the socially undesira ble consequences of preserving a marriage which was already broken. In such a case, the law should grant a divorce without affirming the guilt of either partner. This opinion gives even the guilty party the right to petition for divorce. Only the court would have the duty of deciding whether the married life of the couple had been disrupted. In accordance with the second trend, the guilty party should not have the right to petition for divorce. The reason for this opinion can be found in one of the 1948 Supreme Court rulings, which reads as follows: The negative premise whereby divorce may not be demanded by the party solely responsible for the breaking up (of the marriage) is indubitably justified by the social principle of the durability of marital union.... A contrary exposition ... would, from psychological point of view, provide encouragement to break the bonds of matrimony; a husband for example, who had deserted his family could, with reference to the evident disintegration of conjugal life evoked by such action, then petition for divorce.34 The legislators, in formulating the 1945 Marriage Law, intended to separate the institution of marriage from religion and thus secularize it. The separation and secularization was supposed to help in developing the civic feeling of the citizens.35 The 1945 Marriage Law was the first to introduce civil marriage and divorce into the Polish legislation. The New Code on Domestic Relations of 1950 The new code on domestic relations was enacted by the Law of June 27, 1950, and went into effect on October 1, 1950.36 The regulations which enacted 106 CHURCH AND STATE IN COMMUNIST POLAND

this new code repealed all previous laws on domestic relations.37 Before the enactment of the new code, discussions were held in the Polish press regarding its provisions. The press emphasized that the new family law was the result of the Government s experience after the promulgation of the 1945 Marriage Law. The press then explained that the code was drafted with more precise formulation of the socio-political premises of the law under the Communist Government. 38 It was also pointed out that the details of the New Code on Domestic Relations were given more consideration by the Legislative Assembly than any other law. It was an indication that the code was promulgated to play a great role in the future life of Poland.39 The first title of the new code contained the marriage law, and its first section concerned the contract of marriage. The most important of this section was Article one, which reads as follows: Paragraph 1. A marriage is concluded when a man and a woman jointly declare before an official of the Civil State Registry that they are entering into a marriage. Paragraph 2. If the declaration was not made before an official of the Civil State Registry, a marriage was not concluded.40 Further articles discussed the formalities connected with the conclusion of marriage. These formalities were very simple. The candidates for a marriage had to present their birth certificates to an official of the Civil State Regist ry and declare that there were no legal impediments to their marriage. Persons married previously had to present a document establishing the dissolution or nullity of such a marriage. However, if there were serious inconveniences in obtaining such a document, a judicial decision could remove the obligation to present it. The solemnization of marriage took place in the Office of the Civil State Registry in the presence of two witnesses. The ceremony could be performed elsewhere, but only for serious reasons. After the performance of the ceremony, the official assisting at it would talk to the couple about the importance of matrimony and its duties toward the State and the society. Were the life of one of the betrothed in danger, the marriage could be solemnize d before any official of the Civil State Registry. In such a case, the betrothed did not have an obligation to produce the documents usually necessary. It was sufficient to declare that there was no legal impediment to their marriage.41 The new marriage law did not mention the possibility of a religious ceremony. The legislators did not think it necessary to repeat the provision of the Marriage Law of 1945 on this matter. Nevertheless, when the Sejm discussed the draft of the new marriage law, an amendment which provided for a religious ceremony was called for; however, the Legislative Assembly promptly rejected it.42 6. Legislation Affecting Christian Marriage 107

Section two of the new marriage law discussed the rights and duties of spouses. First, the law put both husband and wife in an equal position. The pre-war legislation fully upheld the superiority of the husband in the family. He had the right to administer and utilize the property belonging to his wife. In the new marriage law, the husband was deprived of this superiority. The new marriage law provided only two means, in addition to death, for the dissolut ion of marriage, viz., annulment and divorce. Divorce was provided for in Article twenty-nine of section three of the Marriage Law. It reads as follows : Paragraph 1. If for important reasons, a complete and lasting discord has occurred in marital relations, either spouse may ask the court to dissolve the marriage by divorce. Paragraph 2. A divorce is not permitted should it affect the welfare of minor children.43 According to Article thirty, a divorce cannot be permitted if the petitioner is solely responsible for the disintegration of the marital life, unless the sec ond party agrees to it. However, the courts may grant a divorce even without the agreement of the second party if the welfare of society is involved and the couple had a long separation.44 In Article thirty-one and those following, the law regulated the establishment of guilt for the dissolution of a marriage, the question of the surname, and rights and duties of the divorced couple in regard to their children and each other. The most important feature of this marriage law was the fact that it provided for easy divorce. The Marriage Law of 1945 had a completely secular character, but it did not enumerate eleven different grounds for divorce, which had to be applied in matrimonial cases. From a legal point of view, this made a dissolution of marriage more difficult. The Marriage Law of 1950 did not provide particular grounds for divorce, but instead provided a broad and general formula, a complete and lasting discord in marital relations. By such a provision, the legislators left the granting of divorce to the discretion of the court. This provision was modeled on the decree of the Presidium of the Supreme Council of the U.S.S.R. of July 8, 1944, which also did not provide precise indication on the principles to be followed in a divorce suit, but allowed the courts a free hand in deciding whether the circumstances presented by the parties justified a decree of divorce. 45 Gregnanin, discussing in his book the Soviet decree of 1944, seems to be convinced that this decree created an unfavorable atmosphere in the Russian juridical practice as far as granting of divorces is concerned.46 Professor Wojn ar, however, in reviewing the work of Gregnanin disagrees with such an 108 CHURCH AND STATE IN COMMUNIST POLAND

opinion and says that the Ukase (decree) of July 8,1944, decided that marriage can be dissolved by the legal way solely, and only in those cases in which the tribunal will deem it justifiable, but the Ukase gives no statutory grounds for divorce, leaving these grounds entirely to the discretion of the court. 47 The regulation of the Plenum of the Supreme Court of the U.S.S.R. of January 16, 1949, ruled that the court in granting a divorce should be guided by the principles of communistic morality.48 Communistic morality is based on the teachings of Engels, who called divorce a boon to both parties concerned and to the community, 49 and Lenin, who said, It is impossible to be a democrat and a socialist without immediately demanding a complete freedom of divorce.... 50 The provisions of the Polish 1950 Marriage Law concerning divorce, patterned after the Russian model, have the same legal spirit. Article thirty, and those which follow, empower the courts to grant a divorce, not according to the precise regulation of the law, but in accordance with the discretion of the courts. There is no doubt that the Polish courts must decide marriage cases in accordance with communistic morality. On the other hand, it is certain that the courts decide marriage cases without any uniformity. Siekanowicz, discussing this matter, said: Numerous court decisions have been examined, but no particular line of juridical policy could be established. 51 From the time the 1950 Code on Domestic Relations went into force, the number of divorces has increased. The following table indicates this. Year Number of divorces granted by courts in Poland 1949 11133 1950 11012 1951 11347 1952 12590 1953 12806 1954 12420 1955 13296 1956 1393652 The instability of marriage has become a matter of national concern. Therefore, some writers protested against the present marriage law, which facilitates divorce. For instance, Mark Gintowt in his article, Reflections on Divorce, published in Prawo i Zycie (Law and Life) of January 10, 1960, openly criticizes the 1950 Marriage Law and suggested that something should be done to change the disastrous state of the institution of marriage.53 The Communist Government of Poland, though aware of the instability of marriage, has done nothing to change the marriage law. Instead, the Gov6. Legislation Affecting Christian Marriage 109

ernment used indirect means to offset the instability of marriage. One of these means was the glitter which the Office of the State Registry has added to the civil marriage ceremony. This attempted to imitate the church decor and was supposed to emphasize the importance of marriage.54 However, the attitude of the Government and the Communist writers did not change toward the church marriage. Although they saw the destructive effects of their marriage legislation, they still opposed the religious marriage ceremony and even continu ed to attack it. Priests who advised the people to come to the church for religious ceremonies after the civil formalities were accused of violating the Decree on Freedom of Conscience and Religion.55 At the same time the Government, which was the only employer in Poland, exerted pressure on employees through its work establishments to dissuade them from church weddings. In addition, the Communists used every available means for propaganda against the religious ceremony of marriage.56 The Catholic Church did not remain passive in the struggle for the stability of marriage and the family. The Church applied spiritual means to ward off the physical destructiveness of the State and its laws. Teaching was the most effective means which the Church used to protect and defend the indissolubi lity and holiness of Christian marriage. In 1960, the Catholic Church in Poland entered into the fourth year of the Great Novena before the millennium of Christianity in the country. During that year, the priests discussed in their sermons uniform topics for all of Poland on the Sacrament of Matrimony.57 Also, the Polish Hierarchy issued pastoral letters concerning the dignity and indissolubility of Christian marriag e. 58 The effect of the Church s work to save Christian marriage from the corrupting influence of Communist rule in Poland was very evident. Sometimes, the rulers of the State indirectly confessed that the great spiritual power of the Church prevented their plans from materializing.59 It is noteworthy that the constantly growing unpopularity of Communism in Poland assisted the Church in protecting family life from the Communist marriage ethics based on the freedom of divorce. Legislation on Abortions Legislation of 1956 The Polish Communist Government intended to remodel the traditional Catholic family on the basis of Communist morality. In order to accomplish this task, the Government introduced the new marriage legislation already discussed, but this was not the end of Government s efforts. The legislation 110 CHURCH AND STATE IN COMMUNIST POLAND

on birth control was intended to serve the same purpose, viz., the destruction of the Christian family. In the first years following the end of World War II, Communist legislators in Poland were silent on the matter of birth control. This situation existed until 1956, when the Council of the State passed the Law on Conditions for Admissible Abortion of April 27, 1956.60 The introduction to this law explained that it was passed in order to protect the health of women from the negative effects of abortions performed under improper conditions by non-qualified persons. Article one stated that an abortion can be performed only by a physician if it were necessary from a medical point of view or if a woman was in a difficult financial position. It could also be done in a case where there is rea son to believe that the pregnancy resulted from a criminal attack. Article two ruled that the physician must decide whether a woman has medical reasons or difficult material conditions as a reason for abortion. The following three articles provide penalties for illegal abortions.61 The Law of April 27, 1956, was followed by the Order of the Minister of Health on Abortions of May 11, 1956.62 The Minister explained in his order how the Law on Conditions for Admissible Abortion of April 27, 1956, should operate. According to this order, a pregnant woman who intends to have an abortion should visit a physician and request his permission for abortion. At the same time, the woman should present to the physician her health certificate. Should she desire an abortion because of her living conditions, she should give the physician a written declaration attesting to the fact. In a case where the veracity of the woman s declaration seems questionable, the physician has an obligation to check the woman s living conditions through some local social organization. If the physician works in the Social Health Service Institute, the investigation of the woman s material conditions should be done by a nurse employed there. If, after the investigation, the physician is convinced that the woman s economic conditions do not give grounds for an abortion, he should give the woman his written opinion. This opinion is not then final one, because the woman has the right to appeal to the Commission of Physicians. 63 The 1956 Law on Abortions, in the interpretation of the Minister of Health, has legalized abortions, but it did not facilitate their practice. The fulfillment of the relatively strict conditions for abortions discouraged many women. As the records show, on the one hand, women who really had poor living conditions did no seek abortions. On the other hand, those in good economic conditions did not like to have large families. Therefore, the order of the Minister of Health of 1956 hindered these women in having abortions. However, after the 1956 Law and the Order were issued, the number of abor6. Legislation Affecting Christian Marriage 111

tions rapidly increased, especially in Poland s large cities.64 John Noonan says that in Poland, a country with a large Catholic population, legal abortions rose from 1,400 in 1955 to 140,400 in 1962. 65 Provincial town and villages had a relatively small number of abortions.66 Generally speaking, the 1956 legislation on abortions had a negative influence on the population growth in Poland, but this influence was limited. In spite of the legislation, Poland had a population growth amounting to 1.8 percent during 1958, which is the highest among the larger European states. At the end of 1959, the Polish population totaled 29,500,000 and its growth rate approached that of the non-white countries of the world.67 Legislation of 1959 The leaders of Russian Communism were alarmed by the rapid population growth in Poland. They remembered well the peaceful revolution of 1956, called the Polish October, which caused them much trouble. In order to avoid future problems with the rapidly increasing number of Poles, the Soviet dictator s decided that the danger of thirty million Poles on the western border of the Soviet Union had to be diminished.68 The decision of the leaders in the Kremlin influenced the Polish Minister of Health, who issued the Order Concerning Abortions on December 19, 1959.69 This order greatly differed from the 1956 order because it provided for an easy abortion regardless of woman s real material conditions. According to the order of 1956, the physician was to review personally or through a nurse a woman s living conditions before giving her permission for an abortion. The order of 1959 did not have such provision. A woman s oral description of her living conditions replaced the physician s investigation. The abortion depended only on the woman s decision. Point two of the first paragraph says merely: If a woman wants an abortion because of her living conditions, she should declare it before the physician. The physician records the woman s declaration on the patient s card and after reading it, gives it to the woman for signature.70 Next, the physician would give the woman a written statement permitting the abortion. This statement was equivalently an admission to the hospital. When a woman arrived at the hospital, none of its officials except a physician could ask her to show the per mit for abortion. The abortion should be performed by a specialist in the field of gynecology, or a physician who had experience in such work. The records of performed abortions had to be kept with professional secrecy.71 If a woman who had an abortion was employed, the physician had an obligation to give her a certificate of temporary inability to work. Another innovation introduced by the order of 1959 was the obligatory instruction of a woman by the physician concerning contraceptives. This order 112 CHURCH AND STATE IN COMMUNIST POLAND

also obliged the physician to give a woman a prescription for contraceptive along with literature explaining its use. Moreover, the physician should give the women a list of addresses of institutions which could perform an abortion. 72 To all these convenient provisions of the order, which intended to halt the growth of the Polish people, it should be added that hospitals and medical institutions were instructed by the Government that abortions should be performe d free of charge.73 In addition, the Government promoted the Planned Parenthood Association; this association organized Birth Control Circles in all counties of the country and intended to establish them in every Polish facto ry. Even schools were not excluded from the Planned Parenthood Association s pro-abortion advertisement and promotion.74 Naturally, this Communist policy, which intended to limit the size of the Polish family, met with a strong opposition from the Catholic Church in Poland. After the 1959 Order of the Minister of Health went into force, Cardinal Stefan Wyszynski, deploring its effects, stated publicly that maternity wards are now more like mortuaries. Appealing to physicians, he said that, Physicians should remain physicians. They should be defenders of life, not undertakers. We have never been a nation of undertakers ... that is why we will probably overcome this temporary insanity, and it can only be called insanity. 75 The Cardinal used the national ambition of the Polish people to oppose the destructive influence of the Communist law on abortions. In one of his sermons, he said: If only we were able to make all our Polish land subject to us there would be no fear. Not thirty million Poles, but fifty and sixty, but eighty million Poles could live on this land. It seems, too, that this is th e Polish reason for being. 76 This argument, which appealed to the national feeling of the Poles, developed during occupations and persecutions, was most effective. In March 1960, Cardinal Wyszynski issued a pastoral letter, which was read in all Polish churches on March 6, 1960. In this letter, the Cardinal took a firm stand against the Government s birth control program and artificial abortion laws. Making the Communists responsible for the extermination if the Polish nation, he stated that, All those who carry public responsibility for the nation know that the killing of the awakening life must have repercussions not only on the present generation, but also on the fate of the nation in the future. We will defend the cradles of our children, as our fathers defended the life of the nation. We must oppose the cruel and violent destruction of our life. 77 Moreover, the Polish Hierarchy established a new feast, the Day of the Catholic Mother, the celebration of which was to strengthen Catholic families against the corruption of Communism.78 The Church managed to publish a 6. Legislation Affecting Christian Marriage 113

booklet entitled The Examination of Conscience of the Catholic Nurse79 and some pamphlets exhorting the people to observe the divine law in regard to unborn life.80 The Church organized the lay apostolate among professional men, especially among Catholic physicians, who have the duty to defend human life and to help others to understand Catholic moral principles.81 In addition, the third year of the Great Novena was dedicated by the Church in Poland as a Year of Life. This centralized the work of the clergy around the sacredness of human life, especially the life of the unborn.82 The activity of the Church in Poland in defending the life of the unborn children did not pass unnoticed by the Government. It immediately lunched an attack against the action of the Church. The Warsaw Radio criticized the Church of Poland and its Primate for promoting the unrestrained multiplication which causes an obstacle to the development of the Polish People s Republic.83 The Government s organ, Trybuna Ludu (The People s Tribune), criticizing then Primate for his statement that eighty million people could live in Poland, said: It is easy for Cardinal Wyszynski to say that Poland could have eighty million people, and to proclaim that the population growth is the Polish reason for being. But it is not the Church, which has to build nurseries, kindergartens, schools, apartments and factories. 84 The organ of the Polish Atheists, Fakty i Mysli (Facts and Thoughts) accused the Polish clergy of glorification and constant multiplication and condemnation of all means of regulation of the increase of population, especially abortions. 85 The Government s radio and press also began an attack against large families, suggesti ng that they should not have any privileges in the Polish People s Republic. 86 These attempts to prevent the growth of Polish families do not correspond to Article sixty-seven of the 1952 Communist Constitution, which reads: Marriage and the family are under the care and protection of the Polish People s Republic. The State takes special care of large families. 87 Indeed, these contradictions between the Communist laws and their observance by the Communist State are incomprehensible to any person brought up in capitalistic society. A person could ask whether the Communist legislators themselves can reconcile these contradictions or whether they have completely lost the concept of law. 114 CHURCH AND STATE IN COMMUNIST POLAND

CHAPTER 7 The Main Events Affecting Church-State Relations The unexpected death of Joseph Stalin, in 1953, who towards the end of his life did everything he could, legal and illegal, to destroy Christianity in the Soviet Union and its satellite countries, shook up the Communist governme nts everywhere but did not, right away, ease the destructive persecution. Stalin s evil spirit was still alive in the Communist anti Christian jurisprudence and governmental agencies even after Khrushchev s denunciation of the dictator s crimes against humanity. The 1956 Frozen Revolution The Polish October 1956 Revolution during which many Soviet advisers left Warsaw, and Gomulka, who supported national Communism, took over the Polish Communist Government had a very profound psychological impact on the Communist rulers in the Soviet block. For the first time, they became aware of the hidden power and attitudes of the Polish workers and students who staged the revolution. At the same time, the workers and the university students learned of their own political strength. In consequence of the October Revolution, the persecution of the Church ceased for a short while. Leaders of the Church hoped that the Gomulka s Government would be more liberal in its relationship with the Church. Unfortunately, this was a vain hope. Under the pressure of the Kremlin rulers, the persecution resumed as ever before. Religious instruction in public schools, which was restored after the October 1956 Revolution, ceased totally before the end of Gomulka s regime in December 1970. It appeared that at that moment of history, the struggle between the Church and the Communist state in Poland would continue for many years to come. At that time, no one quite realized that the Communist regimes in 115

the Soviet block were rapidly losing the support of the majority of their citize ns, especially the workers. The governments of the working class, as they called themselves, had failed to satisfy the most basic needs of the working class. When the workers were no longer able to buy food for themselves and their families, they began to strike. At the same time, Polish Communist Governm ent began to react nervously and irrationally to a number of events, which followed one another. The Millennium of Poland s Christianity in 1966 In May of 1956, when Cardinal Wyszynski was still in prison, he conceived a vision of celebrating the Millennium of Poland s Baptism (A.D. 966). According to the Cardinal s vision, this celebration was to start with the Great Novena, a nine-year-long spiritual preparation of the entire nation. Starting in 1957 and ending in 1966, every year of the novena had a specific national goal. What follows is the list of these goals. 1. Fidelity to God, the Cross, the Gospel of Christ, and the Church; 2. Life in a state of sanctifying grace; 3. Defense of the life of spirit and flesh; 5. Strength to the family through God; 6. Faith in Christ by the youth; 7. Justice and social love; 8. The struggle against national vices and acquisition of Christian virtues; 9. The protection of the Mother of God, Queen of Poland. Cardinal Wyszynski knew the pulse of the Polish nation s spirit, while the Communist leaders at the Kremlin and in Warsaw did not. Therefore, at first, they did not take this program very seriously until one million people attended the opening Mass of the Great Novena in Czestochowa on August 26, 1956. At that Mass, Bishop Klepacz, in the name of Cardinal Wyszynski, the Polish Episcopate, and the entire nation, renewed the vows made by King Jan Kazimierz in 1656, thus dedicating Poland to the Blessed Virgin Mary. Every year, during the Great Novena, priests and bishops preached uniform sermons on the national goal of a given year. The bishop s office, in each diocese , mailed to each priest not only the topics but also typed sermons, which the preachers used mutatis mutandis for the optimal benefit of each parish. On April 11, 1957, the Council of the Polish Episcopate decided to include in the celebration of the Great Novena a peregrination of the copy of the miraculous image of Our Lady of Czestochowa throughout the country during 116 CHURCH AND STATE IN COMMUNIST POLAND

the nine years (1957 66). In its letter of June 27 28, 1980, the Episcopate explained the purpose of this devotion. The purpose of these visitations was to obtain the help of the Holy Mother in moral renewal of the Nation. This task was undertaken by the Primate of Poland and the whole Episcopate before the millennium of the baptism. It was to be realized through the instrumentality of the Jasna Gora s Vows of the Nation and the Great Novena. The Holy Mother was to support personally the great undertaking of spiritual renewal of the whole society and our fidelity to the vowed oath, which bind forever.1 The Great Novena ended on the Easter Vigil, on April 9, 1966. The Polish Episcopate invited Pope Paul VI for the commemorative celebration in Czestochowa on May 3, 1966, but the Polish Government refused to give him a visa. Therefore, the Pope asked Cardinal Wyszynski to be his legate and to officiate at the main commemorative celebration. In his sermon, Cardinal Wyszynski stated: In the face of a totalitarian threat to the Nation ... in the face of an atheist ic program ... in the face of biological destruction, a great supernatural current is needed, so that the Nation can consciously draw from the Church the divine strength that will fortify its religious and national life. Nowhere else is the union of Church and nation as strong as in Poland, which is in absolute danger. Our temporal theology demands that we dedicate ourselves into the hands of the Holy Mother, so that we may live up to our task.2 The Communist authorities did not like this peregrination at all. At that time, the Communist authorities began to perceive the enormous meaning and its impact on the nation of this celebration and began to boycott it every step of the way. In order to acquire a sui generis legitimacy, the Communist Government of Poland began its own preparation of the secular millennium of Poland s existence. In his speech entitled The Destiny of the Polish Nation Is Forever Linked with Socialism, delivered on July 21, 1966, Gomulka said: We chose the eve of 22nd anniversary of the Manifesto of the Polish Committee of National Liberation, July 21st, as the most fitting day for the Diet (Sejm) session, precisely so as to lay emphasis on the inseparable link that joins Poland s present-day Socialist reality with that which is the best, the most noble, creative and patriotic in the past. The past twenty-two years are not only the most recent part of the history of Poland, but at the same time, a crown of the road traversed by the Polish nation through history towards freedom and progress.... The traditions of the historical achievements of the working people are 7. The Main Events Affecting Church-State Relations 117

the closest to our hearts.... Everything that was done in the past for Poland, for her development and for her benefit by other classes, estates and social strata the monarchs and gentry, the town patricians and the clergy, men of science and culture we do not divide our national past into two parts that do not fit together: our part and the alien part. For us, history is not a storeroom of old things that we take out and dust at a given time when we need them. We feel that we are the heirs of the whole rich and complex historical heritage of the nation.3 In 1968, the Government prohibited a play, The Forefathers (Dziady), written by an outstanding nineteenth-century Polish poet, Adam Mickiewicz. The prohibition of the play, because of its unfavorable historic references to the Russians, resulted in university students riots and anti Russian demonstrations . As a rule, the college and university students created a powerful block of opposition to Communism in Poland. The Warsaw University students behavior resulted in the government s violent repression. At the same time, the government shot itself in the foot by launching an attack against the Polish intellectuals and Jews. The Massacre of Workers in 1970 In December 1970, the Gomulka s Government raised food prices, which brought about workers protest. The government s forces violently suppressed the legitimate protest and fifty workers died in the process; it was, par excell ence, a massacre of workers, who could no longer feed their families. Reacting to this crime, Cardinal Wyszynski, Primate of Poland, with the support of the Episcopate, wrote the following statement: At this moment, our feelings lead us particularly in the direction of our Worker Brothers, who suffered greatly, undertaking a difficult task that has cost them so much. They had the courage to lay claim to the equitable rights guaranteed in all of law of nature the right to just, fitting existence because the worker deserves his pay.... There is an admirable proximity between the morality of God and the social morality, between the Gospel and the social morality, between the Gospel and the labor codex. We can even say that all the labor legislation, no matter what its authorship, that makes up great socioeconomic struggle of labor in the last century derives from the spirit of the Gospel.4 Following the massacre of the fifty workers, the leaders of the Church in Poland increased their involvement in the country s social and economic problems. Both Cardinal Wyszynski and many Polish bishops did not hesitate to criticize some of the governmental decisions, which were unpatriotic and 118 CHURCH AND STATE IN COMMUNIST POLAND

detrimental to the social and economic condition of the country. At the same time, they defended the rights of the workers and protected their dignity. On September 5, 1972, the bishops published their pastoral letter on Christian patriotism, in which they stated: The foundation and source of Christian patriotism can be found in the teachings of Jesus on loving thy neighbor; and on the equality of all people before God and amongst one another.... True love for one s country entails profound respect for the values of other nations.... It eschews hatred, for hatred is a destructive force that leads to a diseased and degenerat ed version of patriotism.... There is another danger here as well, occurring chiefly among those individuals or nations, who have lost ... a sense of God as a supreme value and the basis of human conduct.... For when there is no God, nation and fatherland come to be seen as absolute values.5 In one of his sermons delivered at the Holy Cross Church in Warsaw in January of 1974, Cardinal Wyszynski said that, Man has the right to engage in economic activity ... to be paid according to the dictates of justice, and to have his family provided for ... and from the nature of man flows the right to possess private property in such measure as to ensure the freedom and dignity of the human person. 6 Cardinal Wyszynski preached again at the Holy Cross Church on November 6, 1976. At that time, he said, As we work and toil, as we embark on all manner of labor, let us not forget one thing, that in carrying out the duties of the day, of the occupation, in godly fashion, we still desire and demand that our land be a land of Christ, a land of Mary. We are ready for many a drudgery, effort, privation, and even sacrifice but only at the price of breathing the spirit of freedom in our home 7 In his sermon at the Shrine of Our Lady of Czestochowa delivered on May 3, 1977, Wyszynski said that The Nation has a duty to watch over its greatest treasure, which is Man the citizen. The state exists to ensure for its citizens the necessary condition s for subsistence and for life in freedom.... If as once (in 1656) the King stood up for the underprivileged and his Vows of Lwow declared the enfranchisement of the farming population, if later the Constitution of May 3rd was also to take up the cause of the underprivileged, then too the Vows of Jasna Gora of 20 years ago take their place in this tradition. Today, we are, moreover, supported in our Christian demands by such international documents as the Charter of Human and Civil Rights. 8 Due to the tragic and criminal massacre of the workers, Gomulka had to resign. The leaders of the Communist Party selected Edward Gierek as its 7. The Main Events Affecting Church-State Relations 119

new leader. Gierek immediately canceled the price hikes and thus restored a modicum of peace in the country. Gierek also made numerous promises of improving government s relationship with the workers and the Church, which never materialized. According to M. K. Dziewanowski, Gierek promised to return to the Church 7,000 of its buildings, which the government nationalized in the past. However, Gierek s promise never became a reality. When Cardinal Wyszynski asked the Gierek s Government for 1,000 permits in order to construct urgently needed churches in various parts of the country, the Government allowed only a small number of churches to be constructed.9 It appears that this hostile attitude of the Gierek s Government was caused in part by the fact that the Church did not officially recognize the Oder-Neisse boarder line between East Germany and Poland. The leadership of the Church was hesitant to do so before the signing of a peace treaty. Howeve r, when the Bonn parliament ratified the Polish West German treaty of December 1970, it thus legitimized the new frontiers. Therefore, Pope Paul VI appointed six Polish bishops to the dioceses in the part of Poland recovered from Germany and in such a way, the pope indirectly recognized the PolishGerman new boundaries. At the same time, the Polish foreign Minister, Stefan Olszewski, visited Pope Paul VI on November 12, 1973. As the result of this visit, the Polish Government sent a group of diplomats to its embassy in Rome to work, in confidence, on formal normalization of relationship between Vatican and the Polish People s Republic. The Vatican s notion of the normalization its relationship with the Gierek s Government and other Communists governments in the Soviet block was rather broad and general, while the concept of the normalization in the mind of the Polish Episcopate was concrete and specific. The bishops did not want to normalize the government s harassment of the Church, the drafting of the theological seminary students for military service, the hostility toward religion in the public schools, and its wholesale persecution of Christianity in the country. The Polish Episcopate did not want the Vatican to normalize its relationship with the Gierek s Government unless there was a previous comprehensive normalization of the State-Church relationships, which would guarantee the citizens of Poland the right of freedom of conscience and religion . The Polish bishops, under the leadership of Cardinal Wyszynski, were ready to reject any agreement between the Vatican and the Gierek s Government which overlooked such an internal normalization of relations between the State and the Episcopate.10 In June of 1976, the Gierek s Government announced new food price increases, much higher than in 1970. The workers in the suburb of Warsaw and in the city of Radom protested again. The government used its armed 120 CHURCH AND STATE IN COMMUNIST POLAND

agents and extreme violence to put down these two protests. Because of the government s violence used in the past and now against workers legitimate protests, a group of Polish intellectuals organized the Committee for the Worker s Defense (KOR), in September 1976, to help the victims of government s brutality. It was only natural for the intellectuals, the university students, the farmers, and the Church to support the workers. The regime s use of force resulted in individual and mass murders, which did not help to bring peace but rather created a powerful reaction and opposition, which undermined Gierek s position and reputation both in the nation and abroad. Out of the workers and their supporters blood not only the Committee of the Workers Defense (Komitet Obrony Robotnikow) but also the Independent Self-Governing Trades Union of Solidarity were born under the leadership of Lech Walesa. The Growing Authority of the Church The erratic and illegal actions of the Gierek s Government increasingly created the legitimate and strong opposition to it in all segments of the Polish society including the Catholic Church, which was also persecuted and victimized. At the same time, the dignity and authority of the Church grew stronger and stronger while the Communist power and respectability decreased from day to day. The authority, dignity, and popularity of the Polish Catholic Church both in the country and among the nations of the world greatly increased when the Archbishop of Cracow, Cardinal Karol Wojtyla, became Pope John Paul II in October 1978. His great popularity with Christians and non Christians of the world promoted Poland s struggle against the oppressive forces of Communism and united the Polish nation in its opposition to a non Christian, depressing, and inhuman foreign ideology; and, at the same time, gave hope for an eventual victory. In addition to the providential papacy of John Paul, his three official visits to Poland were extremely significant and beneficial to the national and religiou s struggle for freedom from the totalitarian slavery of Communism. The Polish Episcopate was in tune with the liberating activities of the Pope when they wrot e their pastoral letter on September 17, 1978. In this letter, the Bishops stated, We all know that the spirit of freedom is the proper climate for the full development of a person. Without freedom, a person is stunned, and all progress dies. Not to allow people with a different social and political ideology to speak, as is the practice of the state, is unjust. State censorship has always been and remains a weapon of totalitarian systems. With the 7. The Main Events Affecting Church-State Relations 121

aid of censorship, the aim is not only to guide the mental life of society and public opinion but even to paralyze the cultural and religious life of the whole people11 The First Papal Visit in 1979 In June 1979, Pope John Paul II made the first and very important visit to Poland. However, the Communist Government of Poland attempted to exploit this visit in its own favor. The Communist press claimed that the papal visit was an endorsement of Communist regime. In order to neutralize the real impact of the Pope s visit, the government s ideologues developed, for the use of its press, a list of statements, such as: 1. the pope s visit does not have any impact on the world views of its citizens; 2. the state s ideological foundation remains totally unaffected, since it is based on the secular materialistic worldview of Marxism-Leninism; 3. the aim of the visit is religious; 4. at the same time, it is the expression of the pope s support for the policies of the authorities; 5. the basic ceremonial significance of the visit is secular: the pope came to lend splendor to the thirty-fifth anniversary of the Polish People s Republic and to commemorate the fortieth anniversary of the German invasion of Poland; 6. in general, the visit is acceptable, for the Church s policies after the changes introduced by John XXIII and Paul VI (especially the Second Vatican Council) are in many aspects congruent with the political line of the socialist states, common concern with world peace being the best example.12 The true spirit of John Paul s first papal visit in June 1979 comes up in his messages. In his first sermon delivered in Warsaw, the Pope said, It is impossible to understand this large, thousand-year-old community which has formed me and every one of us so thoroughly without Christ. If we throw away this key to the understanding of our Nation we would risk a fundamental understanding. We would not understand ourselves. It is impossible to understand this Nation whose past was so magnificent, yet also tragic without Christ. The millennium of the Baptism of Poland, Saint Stanislaw being its ripest fruit the millennium of Christ in our yesterday and today is the main motive of my pilgrimage, of my prayer of thanksgiving together with all of You. Dear Compatriots, who are still taught by Jesus Christ 122 CHURCH AND STATE IN COMMUNIST POLAND

the great cause of humanity. With You, for whom Christ still remains an open book of knowledge about human beings, about their dignity, and about their rights. But also, the knowledge about the dignity and the rights of the Nation.13 During his Mass at the Jasna Gora in Czestochowa the Holy Father stated, The history of Poland, especially the history of the last centuries, can be written in different ways, and can be interpreted according to various keys. But if we want to know how this history is reflected in the hearts of the Poles, we must come here. We must put our ear to this Place. We must hear the echo of the Nation s life in the Heart of its Mother and Queen. 14 Then, in his address to the 169 Conference of the Episcopate in Czestochowa on June 6, 1979, John Paul stated, Christianity must again engage itself in the formation of the spiritual unity of Europe. Economic and political motives exclusively are not capable of doing this.... Europe, which despite ongo ing divisions of regimes, ideologies, and economic-political systems, cannot cease to seek its fundamental unity, and must address itself to Christianity. 15 The Communist leaders in the Kremlin and Warsaw hated this papal statement because they considered themselves already united with all their satellite Communist countries. Therefore, they had no interest in unification with the west European counties unless they accepted Communism as their political system. A united Christian Europe would certainly be a serious threat to the world s Communism dominated by the Soviet Union. On June 7, 1979, the Pope preached on the grounds of the Nazi historic Death Camp Auschwitz-Birkenau (Oswiecim-Brzezinka), which he called The Golgotha of our times. Speaking about human dignity and civil rights, John Paul II stated, Can anyone on this Earth be surprised that a pope who was born and raised here on this land, a pope, who came to Peter s See from Krakow the archdiocese in the territory of which the Oswiecim Camp is located that this pope began the first encyclical of his pontificate with the words Redemptor Hominis (Man s Redeemer), that he devoted this encyclical in its entirety to the matter of man, the dignity of man, the threats facing man, and ... human rights, the inalienable rights of man, which can be trampled on so easily and annihilated. To do so is enough to dress him in another uniform, to equip the apparatus of violence with the means of destruction; it is enough to foist on him an ideology in which human rights are subordinated to the requirements of the system, subordinated in an arbitrary fashion, so that, in fact, they do no exist.... One nation can never develop at the expense of another, at the expense of its subordination , conquest, oppression, at the expense of exploiting it, at the expense of its death.16 7. The Main Events Affecting Church-State Relations 123

The most unusual and enthusiastic reception of John Paul II by millions of his countrymen, who watched him crisscross the country, who attended his outdoor Masses, and who listened to his inspiring sermons, is very revealing to both the Christians and Communists who witnessed his first visit to Poland. It did not take long time to discover that the Pope had become a symbol of national identity and unity. In the eyes and hearts of the people, none of the Communist leaders, both foreign and domestic, could possibly compete with him. They were all lacking the genuine love of the people, the dignity and the moral and religious authority, which is a conditio sine qua non for a successful leadershi p, especially in the situation in which Poland found itself at that time. In compar ison with the Pope, the Communist leaders appeared, to the Polish people, as political, intellectual and moral midgets, who had no right, ability, or authority to govern. At the same time, the Communist system of government based upon its social and political philosophy, in comparison with Christianity, appeared to the people as a nonviable, inhuman, and bankrupt system. The Pope s election, his successful papacy, and his first official visits to Poland deprived the Communist governments of Poland of any hope of governing its people without an assistance of the Catholic Church. At the same time, the Kremlin s prospects of spreading Communism in Western Europe were becoming rapidly hopeless. The imminent death of their philosophical dialectical materialism, political, social and economic Communism was hanging above all of them and their disappointed and confused followers. Lech Walesa and His Solidarity Labor Leadership In July of 1980, there were sporadic strikes caused by the Government s price increases and on August 14, 1980, Lech Walesa called a strike at the Lenin Shipyards in Gdansk. In order to negotiate with the government, Walesa also organized a strike committee. Reluctantly, the government agreed to negotiate and on Sunday, August 31, 1980, after two weeks of intense negotiation s the agreement was signed that satisfied both sides. Announcing the accord, Lech Walesa made the following statement: We got all we could in the present situation; and we will achieve the rest, because we now have the most important thing: Our independent self-governing trade unions. That is our guarantee for the future.... I declare the strike ended. 17 It is logical to think that the Soviet leaders at the Kremlin did not like Gierek s performance vis vis self-governing trade unions, therefore, they pressured the Polish Communist Party to replace him. On September 6, 1980, Stanislaw Kania became the First Secretary of the Polish Communist Party. At the same time, Walesa s bargaining position has been strengthened by his 124 CHURCH AND STATE IN COMMUNIST POLAND

meetings with the Primate of Poland, Cardinal Stefan Wyszynski, on September 7, 1980, and Pope John Paul II in Rome on January 15, 1981. The government s position was somewhat improved by the appointment of General Wojciech Jaruzelski as Prime Minister on February 10, 1981. At the same time, the Church of Poland lost its charismatic and brave leader, Cardinal Wyszynski, who died on May 28, 1981. Bishop Jozef Glemp became the new Primate of Poland on July 7, 1981. He attempted to continue the policy of his predecesso r: of conciliation and advancement of religious rights. However, he lacked the charisma and dynamism of Wyszynski. The State of Martial Law in 1981 It appears to me that the First Secretary of the Polish Communist Party, Stanislaw Kania, was unable to cope with all the problems passed unto him by his predecessor Gierek; therefore, the Communist Party replaced him with General Jaruzelski on October 18, 1981. In the eyes of Soviet Government, Jaruzelski was the best man for the job. In order not to disappoint his supporters at the Kremlin, Jaruzelski announced a state of martial law and formed a Military Council for National Security. In virtue of the martial law, constitutional righ ts were suspended and curfews were imposed on the entire nation. At the same time, a great numbers of dissidents, Solidarity leaders and activists, including Lech Walesa, were arrested by police and imprisoned. Due to these developments, the leadership of Solidarity formed, on April 22, 1982, an underground organization, which called for national strikes on May 1 3 and on August 31, 1982, the anniversary of the Gdansk Agreement. These strikes forced the Jaruzelski Government to release Walesa from confinement and to promise the suspension of martial law, which occurred on December 12 and 13, 1982. The events of the year 1983 were extremely supportive of the cause of freedom in Poland. The Polish Pope, John Paul II, visited Poland for the second time, martial law was officially suspended, and Lech Walesa received the Nobel Prize. The Communist Government s persecution of Christianity and brutal killing of striking workers began to appear this time in the internationa l forum of public opinion. The Communist rulers at the Kremlin did not like this adverse publicity at all. Their chances of spreading Communism to other countries were growing smaller and smaller every day. The Murder of Solidarity s Chaplain, Father Jerzy Popieluszko, in 1984 On July 22, 1984, the Jeruzelski Government officially announced amnesty for many leaders of the Committee of the Workers Defense (KOR) 7. The Main Events Affecting Church-State Relations 125

and for some members of Walesa s Solidarity. At the same time, the government s repressive measures remained in force, because the leaders of the Polish Communist Party still believed in its victory through violence. Therefore, they ordered its Public Security agents to kidnap and murder Father Jerzy Popieluszko, who was a chaplain of the Warsaw Steelworkers, an unofficial chaplain of Solidarity and a very popular priest. In his book, The Struggle and the Triumph, Lech Walesa wrote the following words about the priest: Father Popieluszko, chaplain of the Steelworkers, was to arrive on August 13, 1984. During the summer 1980, Cardinal Wyszynski had sent the young priest to celebrate Mass for the strikers. His knees were quaking, it was said as he passed through the gate, beyond which milled several thousand of workers. This was the first time the priest held Mass in a factory, the first time during the strike. This was also a first for the workers and the priest seemed so young and so shy! They soon became friends for life, because the workers sensed how profoundly Father Popieluszko understood them. They would later go to him whenever they had problems, and he to them. He went on outings with the steelworkers in hired busses (where he often had to beg them not to drink). During martial law, he organized assistance for the interned and imprisoned. Popieluszko was the kind of a person who took bread from his mouth to give to others. And every month he celebrated his famous Masses for the Homeland, which were attended by half of Warsaw. 18 On October 19, 1984, Captain Gregory Piotrowski, head of the Department IV of the Ministry of the Interior, and Lieutenants Leszek Pekala, Adam Pietruszka, and Waldemar Chmielowski, from the same department, kidnapped Father Popieluszko, beat him unconscious, attached a bag of stones to his feet, and threw him into the river. The murderers confessed their gruesom e crime. This horrible crime perpetrated by the agents of the Polish Communist Government disclosed its lawlessness and utmost corruption and thus undermined, in the eye of the citizens, its legality and ability to govern the nation. At the same time, the criminal government unwittingly strengthened its opposition by giving it an authentic Christian martyr. Soon the Solidarity members coined an expression, Father Popieluszko died that Solidarity may live. His funeral, attended by several hundred thousand people on November 3, 1984, was conducted by the Polish Primate, Cardinal Glemp. It became a great national manifestation of support for Solidarity and the opposition to the government. At this moment in time, the Polish Communist Government began to lose control of its destiny and decided to ease the persecution of the Church 126 CHURCH AND STATE IN COMMUNIST POLAND

and seek its help in governing the Christian nation. At the same time, it freed all political prisoners. On January 13, 1987, the Prime Minister, General Jaruzelski, visited Rome and was officially received by Pope John Paul II. Then, on June 8 14, the Polish Pope, John Paul II, visited his native country for the third time and was enthusiastically greeted by millions of people wherever he went. As with the two previous papal visits, this one again clearly demonstrated to the people in Poland that the Communist Government was losing its battle against the Church and could no longer, without the help of the Church, govern the nation. The Church found itself, now, in the position of do ut des I give that you may give. For its mediation between the government and the labor, the Church expected the government to respect its religious rights. Since the Church s constitutional rights were often violated by various administra tive orders, the Polish Bishops demanded, for a long time, a clear law governing the State and Church relations. However, the State preferred to do its dirty work in the legal discordance. In May and June of 1988, strikes began and continued across the country, which were brought under control by Solidarity. The leaders of Solidarity, in turn, demanded that the government begin negotiations with the workers and restore the union s legality. The government had no viable alternative. Therefore, on August 31, 1988, the first Round Table meeting between the representatives of the Government and the representatives of the opposition took place. The Round Table discussions ended with an agreement calling for unrestricted elections to 35 percent of the seats of the Sejm and all the seats in the Senat. On September 19, 1988, Mieczyslaw F. Rakowski became Poland s new Prime Minister. In his new position, Rakowski was willing not only to respect the traditional rights of the Church but also to guarantee them in an Unofficial Concordat named the Rakowski Act, but officially known as The Statute on the Relationship Between the State and the Catholic Church in the Republic of Poland of May 17 1989. This Statute became the law of the land only a few weeks before the first, partially free, elections in the Communist block. Rakowski realized that a defeat in such elections would have disastrous effect not only in Poland but also in other Communist counties under the Kremlin s control. Therefore, he attempted to capture the good will of the Church and expected, in return, the Vatican s and the Polish Episcopate s support for the government s candidates. Nevertheless, the elections became a landslide victory for Solidarity candidates; winning 99 of the 100 Senat seats and all of the free seats of the Sejm. The government and the Communist Party members were greatly disappointed. Zygmunt Czarzasty, a member of Central Committee, 7. The Main Events Affecting Church-State Relations 127

stated, The clergy, particularly on the election day, were calling to vote for S., which meant Solidarity. Another prominent member of the Central Committee, Stanislaw Ciosek, advocated urgent talks with the opposition and the Church and said: Guilt is on our side. We trusted the Church people, and they have turned out to be Jesuits. 19 (Minutes No. 64 from the Extended Meeting of the Central Committee of the Communist Party) With the help of Solidarity, Jaruzelski was elected president of Poland, and Rakowski became the First Secretary of the Polish United Workers Party. Veteran Solidarity adviser, Tadeusz Mazowiecki, became the Prime Minister, who successfully formed the Grand Coalition Government with a minority of Communist ministers. The Parliament restored the pre Communist name of the State, The Republic of Poland. For all theoretical and practical reasons the Communist Government of Poland came to its tragic and miserable end. The following short background of the May 17, 1989 Statute on the Relationship between the State and the Catholic Church in the Republic of Poland will help the reader to understand the generosity of the State of Poland toward its partner the Catholic Church in this historic legal document. 128 CHURCH AND STATE IN COMMUNIST POLAND

CHAPTER 8 The 1989 Statute on Church-State Relations The opening sentence of the Statute reads as follows: The Diet of the Polish People s Republic, fulfilling of its obligation described in the Constitution of the Polish People s Republic, guided by the principles contained in the Charter of the United Nations, the Universal Declaration of Man s Rights, the International Agreement of Citizenship s and Political Rights, the Final Act of the Conference of Security and Cooperation in Europe as well as the Declaration on Elimination of all Forms of Intolerance and Discrimination on Account of Religious Convictions, having as a goal the welfare of the human person and the need of cooperation of all citizens in the development of the country and the Polish Nation, determine what follows.1 What follows are four sections of the Statute divided into chapters, which in turn are subdivided into many articles. Its first section is The Catholic Church in the Polish People s Republic. The first chapter of this section deals with general ordinances and the second speaks about Legal Persons of the Church and its Organs. The second section regulates the activity of the Church. Its chapters are (1) Public Worship, (2) Catechization and Schools, (3) Military Pastoral Work and Military Service of the Ecclesiastics, (4) Special Pastoral Work, (5) The Catholic Organizations and Associations, (6) The Charitable and Care Giving Activity of the Church, (7) Sacred and Ecclesiastical Buildings and Cemeteries, (8) Culture and Mass Information (Media). The third section is on the Property of Legal Persons, which is rather short and not subdivided into chapters. The fourth section concerns itself with The Temporary and Final Reg129

ulations and has four chapters: (1) Regulations of the Church s Property Matters, (2) The Temporary Regulations, (3) Changes of the Obligatory Regulations, and (4) The Final Regulations. The text of the document is rather extensive; its single-spaced print covers 17 pages of legal size paper. The First Section: The Catholic Church in the Polish People s Republic Article 1 states that the Catholic Church, referred to in this Statute as the Church, has right to function in all her rites. By the term rites, the Statute means such rites as Roman rite, Eastern rite, etc. Rite is more than the liturgy of celebrating Holy Eucharist and other sacraments but also theology, ecclesiast ical tradition, canonical jurisprudence, and liturgical language.2 Article 2 of the Statute declares that the Catholic Church has the right to be administered, governed in accordance with its own laws, and freely exercis e its own spiritual authority and jurisdiction, and administer its own affairs as well.3 Article 3 of this Chapter states: 1. This law defines the principles of relationship between the State and Church including its legal and propertywise situations. 2. In the affairs regarding the Church which are not regulated by this law, the universal legal regulations shall be applied, providing they are not contrary to its principles. 4 Article 4 speaks about the Common Commission, composed of an equal number of representatives both of the State and the Church, which will interpret the law and review any problems in the development of the relationship between the State and the Church. This Commission does not infringe on the propriety as well as competence of the State and the Church organs including the competence of the Holy See.5 Chapter 2 of Section 1 of the Statute deals with the legal persons of the Church and its organs. Its article 5 states that the constituent parts of the organizational structures of the Church are its legal persons listed in articles 6 10. Whenever the law speaks about the ecclesiastical authority, it means an organ of the proper ecclesiastical legal person.6 The nationwide legal person is The Conference of the Polish Episcopate. Its organs are: (1) Presidium (Executive Committee) of the Conference of the Polish Episcopate, (2) The Main Conference of the Polish Episcopate, and (3) The Secretariat of the Conference of the Polish Episcopate.7 According to Article 7, the following organizational and territorial units of the Church enjoy the rights of legal persons: (1) metropolises, (2) archdio130 CHURCH AND STATE IN COMMUNIST POLAND

ceses, (3) dioceses, (4) Dioceses governed by Apostolic Administrators, 5) parishes, (6) non-parochial churches, (7) Polish Caritas, (8) the Diocesan Caritas (Charity), and (9) the Papal Missionary Endeavors. The organs of the above listed legal persons are: (1) for the Metropolis of Gniezno the Metropolitan of Gniezno, the Primate of Poland; for other metropolises the metropolitan, (2) for archdiocese archdiocesan archbishop or archdiocesan administrator, (3) for diocese diocesan bishop or diocesan administrator, (4) for apostolic administration apostolic administrator, (5) for parish pastor or administrator, (6) for rectorial church rector, (7) for the Polish Caritas director, (8) for diocesan Caritas director, (9) for the Papal Missionary Endeavor national director.8 Article 8 lists a number of monastic legal persons including major and minor seminaries and article 9 provides a list of additional legal persons, which are: (1) the Catholic University of Lublin, (2) the Papal Theological Academy in Cracow, (3) the Papal Department of Theology in Poznan, (4) the Papal Department of Theology in Wroclaw, (5) the Papal Department of Theology in Warsaw and its two sections: a) St. John the Baptist and b) St. Andrew Bobola Bobolanum, (6) the Department of Philosophy of the Society of Jesus in Cracow, (7) the canonically established Ecclesiastical Scientific and Didactic Institutes. The legal status of the Catholic Theological Academy in Warsaw is defined by the Statue on the Higher Education. The statute of the Academy confirms the Minister of Higher Education with an understanding of the Minister of Religious Affairs and the proper ecclesiastical authority.9 According to Article 10, all other organizational units of the Church may become legal persons through a decree of the Minister of the Religious Affairs.1 0 Article 11 states that a legal person is not responsible for the obligations of other legal persons.11 Article 12 provided that ecclesiastical publishing establishments, production and commercial establishments, as well as guardian and upbringing establishments, schools and other educational and upbringing centers, which have no legal personality, function in the framework of the ecclesiastical legal persons who called them into existence.12 Article 13 states that ecclesiastical organizational units, which are named in Articles 7, 8 and 9, acquire legal personality as soon as they notify the proper organ of the State s administration about their establishment by the Church s authority. Establishment of an organizational unit of a religious order, which exists abroad and so far was not active in Poland, needs a consultation between the Conference of the Polish Episcopate and the Minister of the Religious Affairs.13 8. The 1989 Statute on Church-State Relations 131

Article 14 rules that ecclesiastical authority should always notify the proper organ of State administration about the calling and recalling of the person who functions on behalf of the ecclesiastical legal person. This notifica tion should include the person s first and last name, his citizenship, and the address of his residence.14 The Second Section: The Activity of the Church The most important activity of the Church is public worship, which is provided for and regulated in Section II of the 1989 Statute. In its chapter 1, article 15 the Statute states, Organizing public worship and conducting it is within the jurisdiction of the ecclesiastical authority and does not require any notification, if it is conducted: 1) in churches, chapels, church buildings and on church grounds and in other places which are used for catechization or by church organizations, 2) in other places, excluding roads, and public places and other public lodgings; conducting of public worship on roads, public grounds and public lodgings must be arranged with proper organs which exercise authority over them. 3) Religious funeral celebrations may be conducted and prayers offered for the deceased at common cemeteries. According to article 15a, marriage entered into in conformity with the form provided by Canon Law has the same effects as marriage entered into in the presence of a director of the Office of Civil Registry, who observed the requirements prescribed by the Family and Guardian Code. The Code of Canon Law determines that a clergyman is entitled to officially witness and bless marriages.15 Article 16 regulates religious processions in general, especially pilgrimages and funeral processions on public roads.16 Article 16 lists seven traditional Catholic holy days, in addition to Sundays, which are free from work. They are as follows: 1. 1st of January the Feast of Blessed Virgin Mary Mother of God (New Year s Day), 2. 2nd day of Easter, 3. Day of Corpus Christi, 4. 15th of September Assumption of the Blessed Virgin Mary, 5. 1st day of November All Saints, 6. 25th of December Christmas, and 7. 2nd day of Christmas.17 The second Section of the Statute deals with catechization and education of the Catholic children and youth, which in the past was the most sensitive 132 CHURCH AND STATE IN COMMUNIST POLAND

and controversial area of the Church-State relationship in Poland. While reading various articles of this section of the 1989 Statute, we can see that the Church gained in many areas of the religious education, however, at the present, did no t secure the right to teach religion in grade and high schools, which was a welles tablished tradition in Poland. Nevertheless, the Church gained clear and well-defined rights to conduct catechization of children and youth in its own facilities. Let me describe some of the most important articles of this section. Article 18. The State recognizes the right of the Church to teach and take part in education of children and youth in accordance with the convictions of their parents and guardians. Children and youth who are still in school, working youth, and adults may take advantage the religious instruction according the program developed by the authority of the Church. As an internal affair of the Church, the teaching of religion may be organized and conducted under the supervision of the diocesan bishop by parishes and religious convents.18 Article 19. The teaching of religion for the children and youth shall take place in catechetical centers such as churches, chapels, church buildings as well as in other places offered by those who have an authority over them. The teaching of religion for public school students may also take place in the schools in accordance with the principles determined by separate law.19 Article 20. The ecclesiastical legal persons have the right to establish and operate schools as well as other educational-upbringing and guardian-upbringing centers in accordance with the principles determined by proper laws. They shall have a Catholic character and be subject to the ecclesiastical authority. Dioceses and religious orders have the right to establish and operate minor seminaries on the educational level of high school and college and to grant bachelor s degrees to their graduates; nevertheless, they shall be under the supervision of the Minister of the National Education.20 Article 21. The rights and the obligations established for the teachers and educators employed in State schools and educational upbringing as well as guardian-upbringing apply to the teachers and educators employed in school and other educational upbringing and guardian upbringing centers operated by ecclesiastical legal persons. Article 21. To the teachers and educators employed in schools and other educational-upbringing or guardian-upbringing centers operating by the ecclesiastical legal persons, as well as secular teachers in minor seminaries, apply the same rights and obligations as established for teachers and educators employed in state schools and the educational-upbringing and guardian-upbringing centers. The proper Minister for the affairs of education and upbringing may, on the motion of the Secretariat of the Polish Episcopate, define by a decree a detailed scope of rights and obligations of teachers and educators 8. The 1989 Statute on Church-State Relations 133

employed in non-public kindergartens and non-public centers, functioning in virtue of the regulations on social help, operated by the ecclesiastical legal persons. The employees of schools and other educational centers who are not teachers or educators, enjoy the same rights and benefits provided for the same category of the employees employed at the state schools and educational centers.21 Article 22 speaks about benefits which the Catholic students have a right to enjoy on the same level as the state school students, namely social health service and lower rates on public transportation.22 Article 23 is one of the most important in this section because it makes legal provisions which were the object of a long and bitter struggle between the State and Church in Poland. This article reads as follows: 1. The Conference of the Polish Episcopate, the dioceses, and the religious orders have the right of establishing and operating major theological seminaries and other institutions of higher learning 2. The status of the papal institutions of higher learning as well as the mode and extent of recognition by the State of the ecclesiastical academic degrees and titles will be determined in a forthcoming agreement between the Government of the Polish People s Republic and Conference of the Polish Episcopate 3. Establishing higher schools on the level superior than described in points 1 and 2 should by done by a state law on a motion of the Conference of the Polish Episcopate 4. The regulations of Articles 21 and 22 apply to instructors, educators, workers, and students of the schools named in points 1, 2 and 3 5. The Church also has the authority to establish scientific and scientific didactic institutes. However, they do not enjoy the benefits provided in points 1 through 4.23 Article 24 grants the clergy and the members of religious orders the right to study in all State schools of any kind or level, providing that they observe all the regulations; however, they have the right of wearing their clerical outf its. 24 The 3rd chapter of this section, in its articles 25 29, regulates the pastoral ministry in the Polish Armed Forces. It provided not only for an adequate number of chaplains but also for a Roman Catholic military bishop under whose jurisdiction, supervision, and guidance the military chaplains will discha rge their pastoral ministry.25 Article 29 addresses itself to the very painful problem in the past StateChurch relations, namely, drafting major seminary students to the military services. It reads: 134 CHURCH AND STATE IN COMMUNIST POLAND

The regulations pertaining to the postponing of basic military service, on account of studies, also apply to the students of the major theological seminarians and religious orders novices. Clergy following their ordination and members of religious orders after their permanent profession will be assigned to reserve. As such they will not be called for military exercises in the time of peace with the exception of training as chaplains with the consent of the diocesan bishop or religious superior.26 Chapter 4 deals with special pastoral work, providing detailed regulations in the areas of ministry to the children in the governmental institutions such as orphanages, children s homes, summer camps, hospitals, and convalescent institutions. Teenagers committed to correctional institutions and shelters have the right to pastoral ministry including the catechization and religious programs provided by the mass media. Adult prisoners have also the right to the pastoral ministry of the Church, including attending Mass on Sundays and the holy days of obligation on the grounds of the institution, practicing their religion, and enjoying religious programs on the mass media. Such institutions as prisons, hospitals, convalescen t homes, and orphan homes may hire a chaplain to conduct religious services for their inmates and patients. The provisions made in this chapter, as they appear on the paper, tend to be very generous and resemble those of the western democracies including the U.S.A. 27 Chapter 5 describes and defines Catholic Church organizations and associations, and makes legal provisions for their activities. Article 33 states that all persons who belong to the Church have the freedom of association in order to realize its mission. Such freedom is exercised in the framework of the Catholic Church organizations. In the understanding of this law, the ecclesiasti cal organizations are associations of persons belonging to the Church (Article 34). According to this law, Catholic organizations are associations established with the approval of the Church authority, which designates for them a chaplain or ecclesiastical assistant; they function in union with hierarc hy of the Church (Article 35).28 Chapter 6 regulates the charity and guardianship of the Church. In the article 38, it states that the legal persons of the Church have the right to con duct, proper to their nature, charitable and guardianship activities. In order to conduct these activities, the Church authorities are also entitled establish: (1) National Caritas, (2) Diocesan Caritas, and (3) religious orders, which conduct their activities within the scope of their rules and regulations.29 Article 39 states that the particular charitable and guardianship activities are (1) operating orphanages, homes for the elderly, homes for the invalids, 8. The 1989 Statute on Church-State Relations 135

institutions for the mentally ill, and for all other categories of persons who are in need of care; (2) operating hospitals and other institutions of health and also pharmacies; (3) organizing protective help for maternity; (4) organizin g help for orphans, persons afflicted by natural disasters and epidemics, victims of war, individuals and families who are in difficult material or health situation, or persons who are deprived of their freedom; (5) operating nurseries , day nurseries, boarding houses for students, and shelters; (6) helping children and youth to find a place of rest in cases of necessity; (7) propagatin g the idea of neighborly help and the principles that favor it; (8) offering help abroad to the victims of natural disasters, who are in a special need. Article 40 describes the religious resources from which funds are drawn for the above-listed charitable and guardianship works: monetary and other gifts; bequests; donations both in the country and abroad; enterprises and public collections, subventions and offerings from the state, social, denominati onal and private institutions and enterprises; the national and diocesan Caritas; and ecclesiastical institutions.30 Chapter 7 regulates both the sacred and church architecture and cemeteries. This area of relationship between the Communist State and the Catholic Church, in the past, was extremely difficult because of the Government s hostility toward the Church s fabulous growth and expansion and her obvious need for more and more sacred and ecclesiastical buildings. Every site of a new church building was a battlefield between the Communist State and the Catholic Church. The most classical example of this kind of battlefield is the construction of the church in Nowa Huta near Cracow. Article 41 includes the following points (1) The Church in Poland and its legal persons have the right to invest in sacred and ecclesiastical building s. (2) The sacred investment is construction, enlargement, rebuilding of church, chapel, and adaptation of a building for the sacred use. (3) The ecclesiastical investment is an investment of an ecclesiastical legal person, which is not dest ined for sacred use. (4) Both the sacred and ecclesiastical investments are subject to the obligatory general regulations regarding space and construction law; and concerning historical buildings, also regulations on preservation of the cultural values.31 Article 43 states, Sacred and church investments shall be financed by the ecclesiastical legal persons from their own resources. However, in accordance with other regulations, the State will contribute to the preservation of cultural values which belong to the ecclesiastical legal persons.32 Chapter 8 addresses itself to culture and mass media. In the light of severe censorship of Catholic books, periodicals, magazines, newspapers and limitations imposed on paper by the Polish Communist Government, this 136 CHURCH AND STATE IN COMMUNIST POLAND

chapter appears to open a new page in the State-Church relationship. What follows seemed to be incredible. Article 46 states In order to assure the condition for the development of Christian culture, the ecclesiastical legal persons have the right to publish newspapers, books and other printed mater and establishing and owning publishing houses, Catholic information agencies, polygraphic establishments, providing that the regulations of the law in this field are observed. In order to implement this article, ecclesiastical legal persons are allowed to receive, for their own use, gifts from abroad in the form of machines, equipment, materials and paper. The second part of this article reveals the fact that the Communist Government previously in Poland prevented the Church from having enough printing machines, printing equipment, and paper.33 In article 47, this new Statute allows the ecclesiastical moral persons to organize their own distribution of the press or to take advantage of the already established network of distribution.34 Article 48 gives the Church the right to broadcast on Sundays and holidays, via radio and television stations, Mass and religious, moral, and cultural programs. At the same time, it allows the Church to establish its own radio and television stations on its own frequencies.35 Article 49 allows the ecclesiastical legal persons to establish their own theatres and movie houses and produce films and other audiovisual products. It also gives the right to distribute and advertise their films and other audiov isual items; and to receive gifts from abroad for work in this field.36 The Third Section: The Property Matters of the Ecclesiastical Legal Persons Article 52 declares that the Church and its legal persons have the right to acquire and alienate their moveable, and real property and other possessions as well to administer their own property.37 Article 55 regulates a very delicate and at the same time messy situation, which existed in the past State-Church relationship from the very beginning of the Communist rule in Poland. The points of this article state 1. The property and income of the ecclesiastical legal persons are subject to the general rule of taxation with the exception of points 2 6 of this article. 2. The ecclesiastical legal persons are not obliged to pay taxes from their non-economic activities. Therefore, they do not need the documented records which are required from those who are obliged to pay taxes. 8. The 1989 Statute on Church-State Relations 137

3. Income from the economic activities of the ecclesiastical legal persons, as well from cooperatives, whose members are exclusively these persons, are freed from taxation in that part which is spent for the purpose of worship, education and upbringing, learning, culture, charity, guardianship, catechetical centers, preservation of historical monuments, as well as for sacred and ecclesiastical investments, or used for catechization and charitable and guardianship establishments and their repairs. 4. Ecclesiastical legal persons are exempted from state, county and city taxes, which are usually imposed on real estate or part of it, which belong to these persons or are used by them, in virtue of another legal title, for dwelling, with the exception of those parts used for economic activities. 5. An exemption from taxation on real estate, as well as county and city taxes covers this real estate or its parts, which are set aside for clergy residences and convents of religious orders, if they (1) are registered as historical monuments, (2) serve as boarding for students and theological seminaries, convents of contemplative religious orders, convents for novices, homes for retired priests and homes for retired nuns, or (3) are in buildings of diocesan chanceries and residences of bishops, general and provincial offices of religious orders, offices of the Polish Primate and of the Conference of Polish Bishops. 6 Acquiring and alienating things and property rights by ecclesiastical legal persons through legal actions, inheritance as well through bequests or prescription are exempted from inheritance gifts taxes and from the treasury duty if their objects are: (1) things and rights not destined for economic activities, or (2) machines, equipment, and polygraphic materials and paper imported from abroad. 7. Donations for the Church s charitable and guardianship activities are income-tax deductible for the benefactor, if the ecclesiastical legal person offers receipt to him in two years of time after the donations change hands and as well as a report on the purpose of the donation. As far as donations for other purposes are concerned, in such cases general rules for taxation are applied.38 Article 56 exempts from duty all goods which are imported from abroad for ecclesiastical legal persons, providing that they are destined for charity and guardianship, education and upbringing, as well as the goods that have a cultural character and are meant for the purpose of worship.39 Article 57 gives the right to the ecclesiastical legal persons to collect offerings for religious purposes, charitable and guardianship, scientific, educa tional and upbringing as well for the support of clergy and members of the religious orders.40 Article 59, which is the last article of Section III, states that In case of 138 CHURCH AND STATE IN COMMUNIST POLAND

an abolition of an ecclesiastical legal person, its property passes to the highe r ecclesiastical legal person. When such a person does not exist or is not active in Poland, than the property should go to the Conference of the Polish Episcopat e or to the Conference of the Higher Religious Superiors. 41 The Fourth Section: The Transitional and Final Regulations The transitional and final regulations are not as relevant to the core of the State-Church relations as the ones contained in the previous three sections. Therefore, I will limit myself to the discussion of the rules of law. Article 60 states that The real estates or their parts, which remained under the control of the ecclesiastical legal persons on the day this Statute obtained its force these ecclesiastical persons became the real estates legal owners if: (1) they were properties of dioceses, parishes, monasteries or other Greek-Catholic (Unites) institutions, and (2) they were nationalized through the operation of the March 20, 1950 Statute. 42 Articles 61, 62, 63 and 64 provide a very detailed regulatory process dealing with returning the nationalized ecclesiastical property to the proper ecclesiastical legal persons. Article 65 rules that the situation of the health institutions and the real estate which belonged to the ecclesiastical legal persons and were nationalized by the decision of the Council of Ministers will be properly regulated by an agreement between the organ of State administration, which has supervision over them, and the rightful owners, the ecclesiastical legal persons.43 This agreement should provide for (1) the nationalization of an institution and its real estate and equitable compensation of the Church for the nationaliza tion, or (2) returning an institution with its real estate to an ecclesiastical juridical person, which previously owned it, or (3) returning only the real estate to its previous owner, or (4) developing a form of paying the Church for using the institution and its real estate. If the sides to the projected agreement do not enter into it during two years following the promulgation of this Statute, both sides are entitled to bring up the case for a review by a special Commission. In its review, the Commission will apply the regulatory provisions of Articles of 61 64.44 Articles 66 69 have no real significance to the State-Church relations in Poland. Article 70 states that the regulation of Article 44 also pertains to the real estates which remained in the permanent use of the ecclesiastical legal persons for the benefit of charitable and tutelary institutions and catechetical centers . The regulation of Article 42 also pertains to the real estates which remained 8. The 1989 Statute on Church-State Relations 139

in the permanent use of ecclesiastical legal persons for the sacred ecclesiastic al purposes and Catholic cemeteries, on the day the Statute obtained the force of law. Provisions of this Article do not apply to the real estates destined for the perpetual use of legal persons in virtue of Article 60.45 As an afterthought, the authors of this Statute inserted into it Article 70a, which is quoted here in extenso: Article 70a. 1. The Catholic Church s legal persons who began their activity in the Western and Northern Recovered Territories after May 8, 1945 may submit a petition to receive free land from the Reserves of the State Land Fund or from the Reserves of the Arable Land of the State Treasury s Property. If these properties are in administration or use of legal persons, their transfer of ownership may take place only with the agreement of these legal persons. 2. The size of the landed real estate together with the land which the petitioner already owns cannot exceed regarding to: (1) parish farm 15 hectares, (2) diocesan farm 50 hectares, (3) diocesan and religious theological seminaries farms 50 hectares each, (4) farms of religious congregations 5 hectares.46 Article 71 states that another statute will provide for clerical social security . Independently from statutory social security, the ecclesiastical legal persons may have their own internal security.47 The final Articles (72 77) of the 1989 Statute on the Relationship between the State and the Catholic Church in the Republic of Poland, which are termed transitory, are not important enough to our study of State-Church relations; therefore, there is no need to discuss them in this chapter.48 The 1989 Statute became the law of the land in Poland on the day of its promulgation, May 23, 1989 (Dz. U. n. 29 [1989] 470). The 1989 Statute is very extensive and as such covers quite well various possible areas of relationship between the Polish Government and the Catholic Church in Poland. At the same time, the content of the Statute preempted many areas of the Polish 1993 Concordat with the Holy See. For example, the ample provisions made by the Statute in the area of ecclesiastical real estate permitted the text of the Concordat to be much shorter and simpler. The extensive real estate, with which the Statute deals, is necessary for the Church. The Church functions on the earth and needs for its ministry various kinds of real estate such as parochial churches, cemeteries, rectories, convents, monasteries, school buildings, hospitals, orphanages, convalescent homes, buildings and grounds for youth summer camps, and so forth. In the past, more than in the present time, certain ecclesiastical legal persons needed farmland for their support. 140 CHURCH AND STATE IN COMMUNIST POLAND

What historically scandalized both non Christians and Christians, non Catholics and Catholics as well, was an excessive possession of farmland by ecclesiastical legal persons, while many small-acreage farmers had not enough arable land to support their families. These farmers wanted to buy some land from the Church but the Church, in order to save its patrimony, would not sell to them. While discussing this acute problem in his major seminary Church History class, my highly educated and saintly professor, Monsignor Andrew Wyrzykowski, said the following: In respect to the accumulation of material goods, the clergy of the Catholic Church act like honeybees in the hive, who produce more honey that they actually need. Therefore, their keeper takes the extra honey, so his bees would not get drowned in their own product. The history of the Church bears witness to the truth of this statement. During my work as a major seminary administrator, under the Communist Government in Poland, some farmers, who no longer could afford to pay taxes on their land, decided to offer it to the seminary, which already had some farmland. In one case, while examining the deed of the land, which was about to be donated to the seminary, I noticed that it was referred to as the Church Land. During the Russian occupation of Poland before World War I, it was taken away from the Church by the Russian Government, and sold to a private individual. Now, it was about to return to the Church. In our time, the clergy of the Catholic Church have no skills and no time for farming. Besides, their parishioners do not expect their priests to farm even in the country parishes. At the same time, for one reason or another, the parishioners do not have a real respect for the Church s ownership of the farmland. During my administrative tenure at the seminary, our farm workers raised potatoes, wheat, and rye to feed around 150 seminarians, 15 faculty members, twenty nuns, and a number of workers. Some of the seminary fields were of an excellent quality on which sugar-beets grew very well. The sugar beets were purchased from the seminary s administration by the government s sugar factory and the green tops of the sugar beets were stored in the silo to feed the milk cows. One day, as I rode a motorcycle to inspect the seminary farmland, I noticed a group of women in the sugar-beets field. I stopped to see what the women were doing. It did not take me long to discover that they were snapping the green tops of the sugar-beets and packing them into their sacks, which they dragged behind them. I walked to the women and asked them in whose field they were. One of them replied that the field belonged to a priest so they felt free to snap the sugar beets leaves for their cows. They looked up to me for an approval of their action. Instead, I unbuttoned the top of my flight 8. The 1989 Statute on Church-State Relations 141

jacket, showed them my clerical collar and said, I am the priest in charge of this field. All of them dropped their bags and began to apologize. I accepted their apologies, asked them to take their loot and not snap sugar-beet tops anymore because the sugar-beet roots would no longer grow. They were happy with my decision and accepted well my admonition. At the same time, these women in the seminary field taught me that Catholic people do not take seriously the right of their Church to the ownership of the farmland. To my best knowledge, most of the ecclesiastical legal persons in Poland were accustomed to owning a certain amount of land. However, the Church in the western part of the country owed more arable land than in other of its parts. After the Communist Government nationalized the excessive farmland holdings in that part of Poland, most of the priests were jubilant because the administration of the farmland was always troublesome and quite often in the red; nevertheless, on the account of the parochial land holdings, the parish ioners offering for the upkeep of the churches and the clergy were insufficient. When the Communist State nationalized the excessive land holdings, the parishioners immediately increased their contributions and the problems with the operation of parochial farms were gone, therefore, there was a great jubilat ion among the clergy. 142 CHURCH AND STATE IN COMMUNIST POLAND

CHAPTER 9 The 1993 Concordat with the Vatican Background Information The main part of this book began with the 1921 Polish Constitution and the 1925 Concordat with the Holy See and it will end in a similar fashion with the treatment of the 1993 Concordat and the 1997 Constitution. Nevertheless , the former and letter documents differ from each other in the content and the spirit. In 68 years, the political, social, and religious conditions in Poland and in Europe enormously changed. The post World War I Poland and post World War II Poland are two different entities. Pope John Paul II had in mind these changes when he said, The year 1989 brought substantial changes to Central Europe. Poland, together with the other countries of this region, embarked on the path of pluralism, becoming once again a democratic State. However, this process is not over yet, since the wounds left in human hearts do not heal so quickly. The destruction is enormous, especially in the area of ethics. Polish society needs moral revival, a well-planned program for rebuilding the State in the spirit of solidarity, and respect for the dignity of the human person. 1 In discussing various articles of the 1993 Polish Concordat, I intend to point out some of the particular differences between these two concordats. What I would like to deal with now is the most basic and most general difference between the value and importance of concordats in 1925 and in 1993. Even though concordats par excellence did not appear on the international diplomatic scene of Christian Europe until the eleventh and twelfth centuries, the root of the idea of concordats between the state and the Church is in the Edict of Milan issued by Constantine the Great in 313. This edict not only frees Christianity from governmental persecution but also makes it an exclusive state religion. Constantine was intelligent enough to see that the traditional 143

polytheistic Roman religion was no longer able to unify his extensive empire. At the same time, he perceived in the emerging Christianity great vitality, unifying power, and potential for growth. For his great imperial ambitions, he needed Christianity much more than Christianity needed him. However, he had no taste for some Christian dogmas, which caused misunderstandings and divisions among his Christian subjects. His legislation promoted Christianity and, at the same time, tended to be harmful to paganism, which was formerly the official religion of the Roman Empire. During his administration, Constantin e s imperial jurisprudence reinforced the Christian (canon) laws. For the first time in the history of Christianity, the bishops enjoyed the benefits of the secular arm (brachium seculare), which is a police or military arm forcing the Christians to obey the laws of their church and punishing heretics and other offenders. Later on the clergy, in general, were given privilegium fori, which entitled them to be judged in ecclesiastical courts and be confined in Church prisons for breaking the state law. Constantine s Donation to the Bishop of Rome initiated the institution of the Papacy, which has survived to our days. In spite of the severe and bloody religious persecutions by numerous Roman emperors in the early three centuries, Christianity progressed amazingly well on its own. The beauty and the power of the teachings of Jesus Christ were more than enough to convert millions of people to Christianity; people who, more than ever before, were looking for meaning and guidance in their lives. Persecutions did not inhibit much spreading of Christianity but rather increased it. The blood of martyrs became the seed of new Christians (Sanguis martyrum, semen Christianorum). Nevertheless, to some leaders of Christianity the benevolence of Emperor Constantine appeared at that time as a choicest gift of God. Therefore, in the spirit of this benevolence a new model of Christian ministry developed in which there was a gradual decrease in the dependence on the power of the Gospel, but at the same time, an increase of the dependence on the mighty empire. Christians who refused to worship the Roman emperor as divine and as the Greatest Pontiff (Pontifex Maximus) were no longer referred to as atheist s, but believers; and the Romans were now known as pagans. At the same time, the Bishop of Rome assumed the title of the Supreme Pontiff (Supremus Pontifex). Is this not a drastic reversal of values? The tutelage of the Roman Empire and of the kingdoms vis vis the Church and eventually the tutelage of the Church vis vis the kingdoms and states lasted throughout the Middle Ages, the Reformation, and until the modern times. As international treaties, concordats were apt instruments of this tutelage. Following the Reformation, the Vatican was eager to sign concorda ts with the European states because they gave prominence to the 144 CHURCH AND STATE IN COMMUNIST POLAND

Catholics and marginalized the Protestants. In our times, France, Germany, Italy, Spain, Lithuania, Rumania, and Poland had their concordats with the Vatican before World War II. Following World War II, the political face of the world has changed considerably ; most of the states have democratic governments. For this reason, in our times, there are two basic oppositions to concordats with the Vatican. The first opposition arises from the democratic governments, whose ambition is to represent all their citizens: believers and non-believers, Catholics, Protestants, Jews, and members of other religious bodies. At the same time, they do not want, through concordats, to give prominence to the Roman Catholic religion and marginalize members of other religious bodies. Even Roman Catholic members of parliaments feel this way. We will see this clearly in the discussion of the 1993 Polish Concordat. The second opposition comes from Christian theologians and Christian intellectuals who are convinced, in the light of their studies, that the Constan tine model of Christian ecclesiastic constitution of its life and ministry had became outdated a long time ago; and as such is disastrous to all Christian churches that still use it. Hence, the present deplorable state of Christianity in Europe and the Americas. It took centuries of the symbiosis of the secular kingdoms, states, and Christianity to bring about this critical situation. This symbiosis and the excessive Christian nationalism perverted European Christianit y and ruined an excellent opportunity of conversion of Japan and China to Christianity. Therefore, in his June 29, 2009 Encyclical Letter, Caritas in Veritate, Pope Benedict XVI, quoting his predecessors, Paul VI and John Paul II, wrote, In promoting development (of humanity), the Christian faith does not rely on privilege or positions of power, nor on the merits of Christians ... but on Christ, to whom every authentic vocation to integral human developmen t must be directed. The Gospel is fundamental for development, because in the Gospel, Christ, in every revelation of the mystery of the Father and his love, fully reveals humanity to itself. 2 In our times, some Christian denominational leaders, intoxicated by secular humanism and sociology but almost illiterate theologically, still advocate a per fect symbiosis with the secular state for their followers. At the same time, they wonder why the membership of their congregations is shrinking very rapidly. In the light of the above comments, one can more easily understand why the 1993 Polish Concordat had such a difficult road to travel; it was agreed upon in a hurry under very questionable circumstances, and therefore was not ratified until five years later. Before our discussion of the text of the 1993 Concordat, it is necessary to write few words about the facts which pertain to its genesis. 9. The 1993 Concordat with the Vatican 145

The 1952 Polish Communist Constitution prohibited the country s concordat with the Holy See. Nevertheless, the State-Church relations were governed by the Modus Vivendi of 1950. In the last month of the Communist rule in Poland, on May 17, 1989, The Statute on the Relationship between the State and the Catholic Church in the Republic of Poland (also known as the Rakowski Act) granted a number of typical concordat privileges to the Church, such as granting Church organizations legal personality and tax exemptions. After the fall of Communism in Poland in 1989, an official amendment was introduced to the 1989 Statute, in September 1991, which removed a very important clause, which stated, The Catholic Church in the Republic of Poland acts within the frame of the constitutional order. This removal freed the Church from obeying the constitution. In October 1991, the Polish Episcopate submitted to the government the draft of the forthcoming concordat. In order to help the Polish Episcopate to negotiate the concordat with the government, Pope John Paul II visited Poland two times in June and August of 1992. On July 28, 1993, the Polish Concordat between the Holy See and the Republic of Poland was signed in the most extraordinary way. This is how Jane Perlez described it : After a nonconfidence motion on May 28, 1993, President Walesa dissolved Parliament (the Sejm) the next day. Two days later, on May 31, he declared presidential rule until the next national election on 19 September. Prime Minister Hanna Suchocka, a specialist in Constitutional Law, saw an opportunity. Why have an all-day debate seen by millions on the public TV channel, if the concordat could be slipped through while the MPs were at home until autumn? She sought approval from Parliament to extend the special powers to rule by decree and on 28 July 1993, the concordat was quietly signed. As a constitutiona l expert, Suchocka knew that her maneuver was perfectly legal. 3 The majority of the Polish people were unhappy about the manner in which the concordat was signed and, therefore, did not re-elect Hanna Suchocka as their Prime Minister. Nevertheless, one year later, she was elected as a member in the Pontifical Academy of Social Sciences and to the Sovereign Order of Malta. Following these instructive comments, we now proceed to the text of this unique concordat. Its full title is Concordat between the Holy See and Republic of Poland. Signed 28 July 1993 (Ratified 23 February 1998). The Contents of the Concordat The Concordat s preamble is both historically and legally meaningful; therefore, it needs to be quoted in extenso. 146 CHURCH AND STATE IN COMMUNIST POLAND

The Holy See and the Republic of Poland with a view to establishing lasting and harmonious mutual relations; mindful of the fact that the Catholic religion is professed by the majority of citizens of the Polish Nation; cognizant of the mission of the Catholic Church, the role played by the Church in the history of the Polish State for over a thousand years, as well as the importance of the Pontificate of His Holiness Pope John Paul II in the contemporary history of Poland; mindful of the crucial importance for the State of Poland of the regaining of her independence and sovereignty and being concerned for her development; recognizing the considerable contribution of the Church to the development of humanity and to the strengthening of morality; guided by the above-mentioned values and the general principles of international law and also by the principles respecting human rights and fundamental freedoms, as well as the elimination of all forms of intolerance and discrimination on religious grounds; in the belief that the development of a free and democratic society is founded on a respect for the dignity of people and their rights; taking note of the new organizational structure of the Church of Poland; sanctioned by the Papal Encyclical, Totus Tuus Poloniae Populus; Having taken into account the constitutional principles and laws of the Republic of Poland and the documents of the Second Vatican Council and the Holy See with regard to religious freedom and relations between the Church and society, as well as the norms of Canon Law. The Republic of Poland and the Holy See have decided to enter into this present Concordat. To this end, the Holy See, represented by His Excellency the Most Reverend Jozef Kowalczyk, Titular Archbishop of Eraclea and the Apostolic Nuncio at Warsaw, and the Republic of Poland, represented by His Excellency Mr. Krzysztof Skubiszewski, Minister of Foreign Affairs, have agreed the following4: Article 1 reads: The Republic of Poland and the Holy See reaffirm that the State and the Catholic Church are, each in its own domain, independent and autonomous, and that they are fully committed to respecting this principle in all their mutual relations and in cooperating for the promotion of the benefit of humanity and the good of the community. 5 The wording did not go far enough to provide for the separation of the State from the Church, as it was expected. Article 2 that in order to maintain good relations between the contracting parties and to fulfill their important duties, an Apostolic Nuncio will reside in Warsaw and Polish Ambassador to the Holy See will reside in Rome.6 9. The 1993 Concordat with the Vatican 147

Article 3 guarantees the Catholic Church and its juridical and physical persons unlimited freedom of communication with the Holy See, Bishops Conferences, particular churches, and other institutions, organizations and persons in their own country and abroad.7 Article 4 reads as follows: 1. The Republic of Poland recognizes the legal status of the Catholic Church. 2. The Republic of Poland also recognizes the legal status of all ecclesiastical institutions, land and personnel who are deemed so according to the norms of Canon Law. The Church authorities shall give due notice of these to the appropriate organs of State. 3. At the request of Church authorities, other ecclesiastical institutions may also acquire legal status, in accordance with Polish law.8 Article 5 guarantees the Catholic Church, irrespective of its rites, the free and public exercise of its mission, its jurisdiction, management, as well as administration of its affairs, according to Canon Law.9 However, it did not guarantee the brachium seculare and the privilegium fori as did the 1925 Concord at in Articles 4 and 22. The horrible experiences of World War II and the post-war Communism were more than enough to make the people and the Government of Poland sufficiently mature to forgo such antiquated privileges. In his Address, On the Occasion of the Ratification of the Concordat, Pope John Paul II commented on this Article by saying: I would like to draw particular attention to a statement in the Concordat which says very clearly that the State guarantees to the Catholic Church, without respect to her rites, the free and public fulfillment of her mission. Here is not a question of giving a privilege or distinction to the Church in some way, but only of correctly understanding her mission and her role in public life. The Church has always been on the nation s side and has never been indifferent to its destiny. She has constantly and perseveringly deepened our nation s self-knowledge, imbuing it with supernatural strength. The Church has remained in the nation for 10 centuries no one and nothing has succeeded in separating her from it or destroying this spiritual bond: neither invaders, not the horrors of the last war, nor Marxist ideology. The Church has always fulfilled her task of uniting and integrating Poles in the name of the Cross of Christ and the Gospel. She has strengthened social bonding and created spiritual unity. 10 Article 6, dealing with the constitution and administration of the Church in Poland, states: 1. The proper competent ecclesiastical authorities shall set up appropriate Church structures, particularly with regard to the establishment, alteration and administration of ecclesiastical provinces, archdioceses, dio148 CHURCH AND STATE IN COMMUNIST POLAND

ceses, military bishoprics, apostolic administrations, personal and territorial prelacies, territorial abbacies, parishes, monastic institutions and societies dedicated to the apostolic way of life, as well as to other legal ecclesiastical persons. 2. No part of the Polish territory shall be included in a diocese or church province with a seat beyond the border of the Republic of Poland. 3. No diocese with a seat in the Republic of Poland shall extend beyond the borders of the Polish State. 4. A bishop belonging to the Episcopal Conference of Poland shall not belong to a national Episcopal Conference of any other state. 5. A bishop who is not a Polish citizen shall not belong to the Polish Bishops Conference, nor shall he exercise jurisdiction within the Republic of Poland, unless exceptionally decreed by legates or other envoys of the pope.11 Article 7 rules that 1. Ecclesiastical offices shall be provided by the competent Church authority in accordance with the provisions of Canon Law. 2. The Holy See has an exclusive right to appoint and remove bishops. 3. Only clerics who are Polish citizens can be appointed bishops in Poland. 4. Before the public announcement of the appointment of the diocesan bishop, the Holy See should notify the Government of the Polish Republic and make his name known12 According to Article 11 of the 1925 Concordat, the Pope was to approach the President of Poland before appointments of archbishops and diocesan bishops, of coadjutors cum jure successionis, as well as the bishop of the Armed Forces, to ensure that the president had no objections of a political nature to a nominee. At the same time, Article 12 provided that all bishops should take an oath of fidelity before the President of Poland. Both of these requirements are not a part of the present Concordat. Article 8 is rather important to the State-Church relationship, therefore, it should be quoted in its entirety. It contains five paragraphs and reads as follows: 1. The Republic of Poland guarantees the Catholic Church the freedom to conduct religious services in accordance with Article five above. 2. The organization of public services falls within the competence of Church authorities, in accordance with Canon Law and with regard to the relevant Polish laws. 3. The State guarantees the inviolability of places designated by the competent Church authorities, which are exclusively set aside for religious 9. The 1993 Concordat with the Vatican 149

services and for the burial of the dead. Exceptionally and with the agreement of then competent Church authorities, such places may be used for other purposes. These provisions shall not restrict the application of Polish law in cases of expropriation in accordance with the provisions of international law. 4. The conducting of public worship in places other than those mentioned in paragraph 3 shall not require permission from civil authorities unless otherwise determined by the relevant provision of the Polish Law, and specifically for the reasons of public safety and order. 5. Civil authorities may take precautionary measures necessary in the places referred to in paragraph 3, even without previous notification of the ecclesiastical authorities, in emergencies for the protection of life, well-being and the public good. Paragraphs 3 and 5 make an exceptional provision for the State s intervention in cases of Acts of God, war, acts of terrorism, fire, flood, plague, etc.13 Article 9 lists seven traditional Catholic holy days, which in addition to Sundays are free from work. They are: 1. 1st January Feast of Blessed Virgin Mary New Year s Day 2. Easter Monday 3. Feast of Corpus Christi 4. 15th of August Assumption of Blessed Virgin Mary 5. 1st November All Saints Day 6. 25 of December Christmas 7. 26 of December Second day of Christmas. The article also states, in its second paragraph, that the number of holidays and the list may be increased, if necessary, by the mutual agreement of the contracting parties.14 Article 10 is of a paramount importance to both the State and the Church, therefore, its full text should be included in this work. It reads as follows: l. From the moment of its solemnization, matrimony according to Canon Law shall have such effect as a marriage contracted according to Polish law if : (i) according to Polish law there are no impediments between the spouses, (ii) during the solemnization of marriage the spouses make a free joint expression of the desire to be married, and (iii) the solemnization of marriage has been registered in civil registers and notice has been served at the State Civil Registry within five days from the solemnization of the marriage; this time limit may be prolonged due to force majeure, until such time as the situation is resolved. 150 CHURCH AND STATE IN COMMUNIST POLAND

2. Preparation for the celebration of marriage according to Canon Law shall involve instructing the spouses on the indissolubility of Canon Law marriage and on the legal provisions of Polish law concerning the effects of marriage. 3. It is within the exclusive competence of ecclesiastical authorities to make a judgment as to the validity of Canon Law marriage, as well as any other grounds laid down by Canon Law. 4. Passing judgment on matrimonial cases within the limits of Polish legislation falls within the exclusive competence of State civil courts. 5. The question of notification of adjudication referred in Subsections (ii) and (iii) may be subject to proceedings in accordance with Article 27. 6. With a view of making the current Article practicable, changes that need to be made in the Polish law shall be made in Polish legislation.15 In Article 11 the contracting parties express the desire to cooperate in respecting and protecting the institution of marriage and family, which are the foundation of society.16 Article 12 regulates religious instruction in nurseries and elementary and secondary schools, which were always a bone of contention in the painful relationship between the Church and the State during 45 years of Communist regime in Poland. Article 12 reads as follows: 1. Recognizing parental rights with regard to the religious education of their children, as well as the principles of tolerance, the State shall guarantee that public elementary and secondary schools, and also nursery schools, shall be managed by civil administrative organizations or independent bodies, which shall arrange, in conformity with the desire of interested parties, the teaching of religion within the framework of an appropriate school or pre-school curriculum. 2. The curriculum for teaching the Catholic religion, as well as textbooks used, shall be determined by ecclesiastical authority and shall be made known to the relevant civil authorities. 3. Teachers of religion must have authorization (missio canonica) from their diocesan bishop. Withdrawal of this authorization signifies the loss of the right to teach religion. The criteria for the educational training, as well as the form and means of completing the same, shall be the object of agreement made between the competent civil authorities and the Bishops Conference of Poland. 4. As far as the consent of religious instruction and upbringing are concerned, the teachers of religion must observe the laws and regulations of the Church; in other matters, they must obey the norms of civil laws. 5. The Catholic Church shall enjoy the liberty of organizing adult catechesis, including academic ministry.17 9. The 1993 Concordat with the Vatican 151

Article 13 provides for religious services and Sunday Mass for Catholic children and young people who take part in the summer camps.18 Article 14 deals again with education, which came to Poland with her conversion to Christianity in 966 and put deep roots in the country from that time on. Already in 1364 the first full-fledged university opened its doors to students in Cracow; one of them was Mikolaj Kopernik (1473 1543), a famous astronomer, who stopped the sun and moved the earth. The most important mission of the Church in general and the centerpiece of this Concordat, in particular, has been and is education as such and Christia n education as well. That is why in its attempt to destroy Christianity in Poland, the Communist regime furiously attacked Catholic schools and religious education in public schools and catechetical centers. For me as a priest and a teacher engaged in religious education, who suffered Communist attacks, is a great pleasure and joy to study the text of the Articles 12 15 of this Concor dat propos education. In order to be fully appreciated, Article 14, has to be read again in extenso; it makes the following provisions: 1. The Catholic Church shall have the right to establish and operate institutes for the education and upbringing of children, including nursery schools and schools of every kind, in accordance with the provisions of Canon Law and according to the principles laid down by the respective civil laws. 2. For the realization of a minimum program of core subjects and to facilitate the awarding of official certificates, such schools shall be subject to Polish law. However, in implementing a curriculum for other subjects, these schools shall observe ecclesiastical norms. It is for Polish law to determine the public character of these schools and institutes. 3. Teachers, tutors and other staff, as well as pupils and members of the schools and institutes referred to in Paragraph 1, shall enjoy the same rights and entitlements as their public school counterparts and institutes. 4. The schools and institutes mentioned in Paragraph 1 shall be subsidized by the State or by territorial autonomous bodies, in accordance with the provisions and criteria lain down by the respective civil laws.19 In Article 15, the State grants the Catholic Church her freedom to establish various kinds of higher education institutions and undertakes a financial obligation for their support. Behold, this is its full text: 1. The Republic of Poland shall guarantee the Catholic Church the right to establish and freely manage higher education establishments, including universities, autonomous faculties, and higher theological seminaries, as well as scientific research institutes. 2. The legal status of the higher education establishments, mentioned in 152 CHURCH AND STATE IN COMMUNIST POLAND

Paragraph 1, along with the conditions and terms of recognition by the State of degrees and ecclesiastical academic titles, including the legal status of Catholic theological faculties within State universities, are regulated by agreements between the Government of the Republic of Poland and the Episcopal Conference of Poland, with the approval of the Holy See. 3. Both the Cracow Papal Academy of Theology and the Catholic University of Lublin shall be subsidized by the State. The State shall also consider providing financial assistance to autonomous faculties mentioned in Paragraph 1.20 Article 16 provided for pastoral care for Catholic soldiers. It states that, 1. Pastoral care for Catholic soldiers in active military service, including career military staff, shall be provided by the Bishop in Charge of Military Chaplains within the compass of the military bishopric, in accordance with Canon Law and the statutes approved by the Holy See in consultation with the competent authorities of the Republic of Poland. 2. The military personnel referred to in paragraph 1 shall be guaranteed the opportunity to participate freely in Holy Mass on Sundays and holy days, provided this does not cause serious impediment to the fulfillment of their official duties. Paragraph 3 of this Article provides that priests and deacons, as well as members of the institutes of monastic life and of associations of apostolic life , who have taken their vows, shall be categorized as reservists. For seminarians, those under temporary vows and novitiates, military service shall be deferred in order that they may finish their studies. According to Paragraph 4, the priests in reserve may be called only for training to carry out their functions as military chaplains. Paragraph 5 rules that In case of general mobilization or of war, the ecclesiastical authorities will nominate additional priests to serve in the mili tary chaplaincy; including deacons, seminarians of higher ecclesiastical institutions , members of monastic institutions, and groups of apostolic life to serve in medical corps and civil defense units. 21 Article 17 provides chaplains pastoral ministry for Catholic prisoners, such as Sunday and holy days Masses, catechism classes, and spiritual retreats.2 2 Article 18 deals with the priestly ministry to the ethnic minorities for which diocesan bishops are responsible.23 In Article 19 The Republic of Poland recognizes the right of the faithful to assembly in accordance with Canon Law and within the confines specified there. If such associating through its actions should fall within the scope of Polish legislation, it shall also be subject to such legislation. 24 9. The 1993 Concordat with the Vatican 153

In the spirit of Article 46 of the 1989 Law, Article 20 of the Concordat provides that 1. The Catholic Church shall have right to print, publish, and freely disseminate any publication pertaining to its mission. 2. The Catholic Church shall have the right to possess and make use of all means appropriate for social communication, and also to broadcast programs over public radio and television, in accordance established by Polish law. 25 Articles 21 and 22 make very generous provisions for the Catholic Church. Article 21 gives the right to proper ecclesiastical institutions to carr y out missionary, charitable, and welfare activities and to raise public funds for such purposes. Article 22 provides that, 1. Activity undertaken by ecclesiastical persons for humanitarian, charitable, welfare, and scientific aims, and for upbringing and educational purposes shall enjoy legal parity with activity carried out for similar purposes by civil institutions. 2. In financial matters concerning institutions and ecclesiastical property, including that of the clergy, and having as a starting point Polish legislation and ecclesiastical regulations now in force, the Contracting Parties shall set up a special commission to deal with relevant changes. The new regulations will take into account the needs of the Church given its mission and the practice hitherto of Church life in Poland. 3. The State authorities shall be advised of the ecclesiastical institutions or institutions relevant to the matters mentioned in Paragraph 2. 4. The Republic of Poland shall, whenever possible, provide material support for conservation and restoration work on sacred sites which have value as monuments and the adjacent buildings, as well as the works of art which are part of Polish cultural heritage. Since the Statute of 1989 dealt rather extensively and generously with the right of the Church to own property, therefore, Article 23 of the Concordat is very brief and merely states that: Legal ecclesiastical persons may acquire, possess, profit by and dispose of both moveable and immoveable property, as well as acquire and dispose of charges and assets, in accordance with the provis ions of Polish law. 26 The two following Articles 24 and 25 are also short for the same reason. Article 24 rules that The Church shall have the right to build, extend, and maintain sacred and ecclesiastical buildings, and also cemeteries, in accord ance with the provisions of Polish law. The decision to build a church or establish a cemetery shall be made by the diocesan bishop or a competent ordinary. Competent ecclesiastical authorities shall proceed with the constructi on of ecclesiastical or sacred buildings and the establishment of cemeteries after having agreed on a site with the competent authorities and having obtained the necessary administrative authorization. 27 154 CHURCH AND STATE IN COMMUNIST POLAND

Article 25 provides for diocesan commissions, which will cooperate with the proper State authorities in preservation of moveable and immoveable property of historic and artistic value; and make them accessible to the public. 28 Article 26 provides that Ecclesiastical juridical persons have the right to establish foundations, which shall be subject to Polish legislation. 29 Article 27 states that, Matters requiring new and additional solutions shall be regulated by means of new agreements between the Contracting Parties; or by understandings between the Government of the Republic of Poland and the Episcopal Conference of Poland, with the prior authorization of the Holy See. 30 Articles 28 and 29 conclude the short text of this Concordat. The former suggests that Contracting Parties shall try to resolve, through diplomatic channels, any prospective divergence of interpretation or application of the provisions made in this current Concordat ; and the latter provides that The current Concordat shall be subject to ratification. It shall come into force aft er one month from the date of exchange of the ratified documents. 31 The Concordat was drawn up in Warsaw the 28th day of July 1993 in duplicate, original copies each in Polish and Italian; both texts are equally authentic. In witness thereof the Plenipotentiaries of the Contracting Parties have undersigned this Concordat and have affixed their own seals to it. For the Holy See His Excellency Reverend Monsignor Jozef Kowalczyk, Titular Bishop of Eraclea, Apostolic Nuncio. For the Republic of Poland His Excellency Krzysztof Skubiszewski, Minister for Foreign Affairs.32 Concluding Comments It took five long years for the Government of the Polish Republic to ratify the Concordat with the help of Pope John Paul II on February 23, 1998. In his ratification address, the Polish Pope said, I therefore express my thanks to all who worked successfully in preparing the text of this Concordat. Their efforts, competence and persevering commitment have enabled the idea of this international agreement to mature gradually and take concrete shape. I also thank those who were directly involved in composing and formulating the final version of the Concordat. I cannot mention the difficulties connected with the ratification, and the many efforts and interventions made to bring the work to the conclusion once it had been started.... The Holy Father continued , During the signing ceremony for the Concordat in July 1993, Professor Krzysztof Skubiszewski, then Minister for Foreign Affairs, said among other things: The Apostolic See, which has existed for two millenniums, and 9. The 1993 Concordat with the Vatican 155

the 1,000-year-old Polish State are one again united in this time-tested juridic al form which is Concordat. It is a return, because we are joining what had been separated. But first and foremost it indicates a path we will follow. These words show that the Concordat is a challenge for all who have Poland s future at heart and feel responsible for her destiny. It is a great opportunity and great task for present and future generations. (33) The Polish Government represented by President A. Kwasniewski and the Chairman of the Council of Ministers J. Buzek accepted and ratified the Concordat on February 23, 1998. (34) In comparison with the 1925 Concordat, the text of present Concordat, for one reason or another, looks only like its shadow. Even though it has two more Articles than the former one, the Articles of the 1993 Concordat have less substance. I hope that I am a false prophet; however, it appears to me that, unless there are some future unusual changes and radical reversals in the life of the Church and State in Poland, the 1993 Concordat will be the last one ever entered into by the Holy See and the Government of the Republic of Poland. At the time of this writing (2009), there are only five countries in the world which have concordats with the Holy See: Concordat of 1953 with Franco s Spain, Concordat of 1984 with Italy, Concordat of 1993 with Poland, Concordat of 2004 with Portugal, and Concordat of 2008 with Brazil, which is still pending ratification in the Congress. It seems that democracy and conco rdats do not go hand in hand. According to the reports which I am receiving from Poland, whose population is still 96 percent Roman Catholic, only 50 percent attend church on Sundays; the members of the Church respectfully listen to the teachings of the Pope, the bishops, and their priests but do whatever they think is the best for them. The relationship between the Government of Poland and the Church has been constantly deteriorating after the Concordat was signed in 1993 and ratified in 1998. One of the reasons for this state of the affairs is the fact t hat after the collapse of the Communist regime in Poland in 1989, the leaders of the Church, who greatly contributed to its demise, were overanxious to fill the vacuum of power. When I visited Poland at that time, I asked my college-educated brother, Eugene, about the new situation in the country. His answer was very instructive: In the past, we lived under the red communism now we live under the black communism. Nothing happens now in our country without the involvement and control of bishops and priests. Most of the Polish college- and university-educated people feel that both the 1993 Concordat and the 1997 Constitution should have provided for the separation of State and Church. 156 CHURCH AND STATE IN COMMUNIST POLAND

In spite of the fact that the Roman Catholic Church did so much for Poland in her over one-thousand years history, especially during the partitions during the Nazi and Communist occupations, nevertheless the citizens of the country long for a religious reformation. A reformation, not in the sense of the Lutheran Reformation in Germany, which divided the German population into the Catholics and Protestants and did not quite succeed in a long run, but a sui generis reformation that would relieve the ecclesiastical monopoly on religion and Christianity in Poland. A reformation which would make Jews, Orthodox Christians, Protestants, and members of other religious bodies feel more comfortable in Poland; a continuation of the reformation which Pope John XXIII began. This kind of reformation would certainly purify and strengthen the Catholic Church by giving her members an option; and by preparing her for the time when the whole world would become one immense and universal civitas and hopefully the Civitas Dei the City of God, which will be governed democratically and not theocratically. The twilight of this time is already appearing on the horizon in the form of globalization. 9. The 1993 Concordat with the Vatican 157

CHAPTER 10 The 1997 Constitution of the Republic of Poland The Preamble The Preamble of the Constitution is worthwhile quoting in full. Its text reads as follows: Having regard for the existence and the future of our Homeland, which recovered, in 1989, the possibility of a sovereign and democratic determination of its fate, We the Polish Nation all citizens of the Republic, Both those who believe in God as the source of truth, justice, good and beauty, As well as those not sharing such faith but respecting those universal values as arising from other sources, Equal in rights and obligations toward the common good Poland, Beholden to our ancestors for their labors, their struggle for independence achieved at a great sacrifice, for our culture rooted in the Christian heritage of the Nation and in universal human values, Recalling the best traditions of the First and the Second Republic, Obliged to bequeath to the future generations all that is valuable from our one thousand years heritage, Bound in community with compatriots dispersed throughout the world, Aware of the need for cooperation with all countries for the good of the Human Family, Mindful of the bitter experiences of the times when fundamental freedoms and human rights were violated in our Homeland, Desiring to guarantee the rights of the citizens for all time, and to ensure diligence and efficiency in the work of public bodies, Recognizing our responsibility before God and our consciences, 158

Hereby establish this Constitution of the Republic of Poland as the basic law for the State, based on respect for freedom and justice, cooperation between the public powers, social dialogue as well as on principle of subsidiarity in the strengthening the powers of citizens and their communitie s. We call upon all those who will apply this Constitution for the good of the Third Republic to do so paying respect to the inherent dignity of the person, his or her right to freedom, the obligation of solidarity with others, and respect for these principles as the unshakeable foundation of the Republic of Poland.1 The term subsidiarity, used above, is derived from the Latin word subsidiarius. Its concept is found in several national constitutions, including the Tenth Amendment to the United States Constitution. As Pope Benedict XVI has written, Subsidiarity is first and foremost a form of assistance to the human person via the autonomy of intermediate bodies. Such assistance is offered when individuals or groups are unable to accomplish something on their own, and is always designed to achieve their emancipation, because it fosters freedom and participation through assumption of responsibility . Hence the principle of subsidiarity is particularly well-suited to managing globalization and directing it toward authentic human development. In order not to produce a dangerous universal power of tyrannical nature, the governance of globalization must be marked by subsidiarity, articulated into several layers and involving different levels that can work together. 2 Having the powerful and greedy neighbor, Russia, on the eastern border, which forced on the Polish Nation the criminal and inhuman Communist regime, Poland indeed needs subsidiarity among the democratic nation of the world. In its thirteen Chapters, the Constitution contains 243 Articles. Only six of these Articles pertain, par excellence, to the relationship between the Gover nment of the Republic and the Catholic Church. The language of the Constitution is superior, in its style and clarity, to the wording of the 1993 Concordat, which appears that it have been written under pressure, and in a hurry. Some sections of the 1997 Polish Constitution resemble somewhat the United States of America Constitution. The Articles of the Constitution Relevant to the State-Church Relations The first, second, and third Articles state that the Republic of Poland shall be the common good of all its citizens, shall be a democratic state ruled 10. The 1997 Constitution of the Republic of Poland 159

by law and implementing the principles of social justice, and as such shall be a unitary State.3 According to Article four the supreme power of the Republic of Poland shall be vested in the Nation, which shall exercise such power through its repre sentatives. The Constitution shall be the supreme law of the Nation.4 The experiences of the Polish people of living under the Nazism and Communism were responsible for the provisions of Articles 13 and 14, which read: Article 13. Political parties and other organizations whose programs are based upon totalitarian methods, and the modes of activity of Nazism, Fascism and Communism, as well as those whose programs or activities sanction racial or national hatred, the application of violence for the purpose of obtaining power, or to influence the State policy, or provide for the secrecy of their own structure or membership, shall be prohibited. Article 14. The Republic of Poland shall ensure freedom of the press and other means of social communication.5 Fascism, Nazism, Communism and suchlike political systems may still make some inroads into some countries, which are ignorant of their modus agendi and the countless crimes committed against humanity, but they never will be welcomed to the nations which they attempted to govern and in the process perpetrated unimaginable atrocities. Article 18. Marriage, being a union of a man and woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.6 Article 25 makes some important provision for the State-Church relationship in Poland. It reads 1. Churches and other religious organizations shall have equal rights. 2. Public authorities in the Republic of Poland shall be impartial in matters of personal conviction, whether religious or philosophical, or in relation to outlook on life, and shall ensure their freedom of expression within public life. 3. The relationship between the State and churches and other religious organizations shall be based on the principle of respect for their autonomy and mutual independence of each in its own sphere, as well as on the principle of cooperation for the individual and the common good. 4. The relations between the Republic of Poland and the Roman Catholic Church shall be determined by international treaty concluded with the Holy See, and by statute. 5. The relations between the Republic of Poland and other churches and 160 CHURCH AND STATE IN COMMUNIST POLAND

religious organizations shall be determined by statutes adopted pursuant to agreements concluded between their appropriate representatives and the Council of Ministers.7 Another reaction to the totalitarian rules of the Communist regime in Poland is Article 48, which provides that 1. Parents shall have the right to rear their children in accordance with their own convictions. Such upbringing shall respect the degree of maturity of a child as well as his freedom of conscience and belief and also his convictions. 2. Limitation or deprivation of parental rights may be effected only in the instances specified by statute and only on the basis of a final court judgment.8 Article 53 is very crucial to the understanding of the attitude the Republic of Poland toward religion in general. The first paragraph of this Article provides for the freedom of conscience and religion to everyone. The second paragraph states that Freedom of religion shall include the freedom to profess or to accept a religion by personal choice as well as to manifest such religion, either individually or collectively, publicly or privately by worshipping, praying, participating in ceremonies, performing of rites or teaching. Freedom of religion shall also include possession of sanctuaries and other places of worship for the satisfaction of the needs of believers as well as the right of individuals, wherever they may be, to benefit from religious services. The third paragraph gives the parents right to ensure their children a moral and religious education and upbringing according to their convictions. The provisions of Article 48, Paragraph 1, shall apply as appropriate in this case. Paragraph four states that the religion of a given church or other legally recognized religious organization may be taught in schools, providing that the other persons freedom of religion and conscience would not be violated by such teaching. Paragraph five limits the freedom of public expression of religion by statute, only when this is necessary for the protection of State security, publi c order, health, morals or the freedoms and rights of others. Paragraph six states that no one shall be compelled to take part or not to take part in religious activities. Paragraph seven guarantees internal personal privacy in providing that No one may be compelled by organs of public authority to disclose his philosophy of life, religious convictions or belief. 9 10. The 1997 Constitution of the Republic of Poland 161

Article 54, in its first paragraph, provides for freedom to everyone to express opinions, to acquire and to disseminate information. Its second paragrap h prohibits the preventive censorship of the media and the licensing of the press. However, statutes may require radio and television stations to obtain a permit for their operation.10 Article 70 deals with education, which is free and compulsory to 18 years of age. In its third paragraph, it states that, Parents shall have the right to choose schools other than public for their children. Citizens and institutions shall have the right to establish primary and secondary schools and institutions of higher education and educational development institutions. The conditions for establishing and operating non-public schools, the participation of public authorities in their financing, as well as the principles of educational supervi sion of such schools and educational development institutions, shall be specified by statute. 11 This paragraph provides an opened field for state-subsidized private education in general and Catholic education in particular. Our previous discussion of the 1993 Concordat and its provisions for state-supported Catholic education, on all levels, is an obvious proof that the Church took a full advantage of this constitutional provision. Article 85 is the last one propos the relationship between the State and the Church in Poland. It states that, It shall be the duty of every Polish citizen to defend the Homeland. The nature of military service shall be specified by statute. Any citizen whose religious convictions or moral principle s do not allow him to perform military service may be obliged to perform substitut e service in accordance with principles specified by statute. 12 162 CHURCH AND STATE IN COMMUNIST POLAND

Conclusions Poland is an almost entirely Catholic nation. The Catholic Church has always played a very important role in the history of Poland. In September 1939, Poland had a population of 35,100,000. Originating from the Middle Ages, Poland s form of government has both a constitutional and a parliamentary tradition. Before World War II, the legal status of the Church was determined by the provisions of the 1921 Constitution and by the 1925 Concordat. These legal documents secured the freedom and liberty of the Catholic Church in the Republic of Poland. In such a legal situation, the life of the Church develo ped and its activities exercised a profound influence on the morale of the nation. At the end of World War II, Poland found itself in the sphere occupied by the Communist Soviet Union. The Communist Government, forced upon the Polish nation, illegally abrogated the 1925 Concordat and changed the 1921 Constitution. These acts sought to provide a legal basis for the persecution of the Church. The Communist laws which regulated Church-State relations were enacted with a view to restrict the legal and customary rights of the Catholic Church in Poland. These laws bear Communist features, viz., they use the traditional legal terminology but attach to the terms a meaning quite different and employ some flexible expressions to enable the Government to interpret these terms to the disadvantage of the Church. In order to guarantee minimum rights to the Church, the Episcopate of Poland signed the Church-State agreement s, but the Government broke all provisions of the agreements. In order to weaken the Church and its activities, the Government deprived the Church of its temporal goods, although the Church had the right, based on the natural law, to possess these goods. To spread Communist doctrine, the Communist Government of Poland put great stress on education of the children and gradually deprived Catholic 163

parents and the Church of the right to educate the children in the spirit of their religion. In its attempts to convert the Polish people to Communism, the Government encountered powerful resistance in the traditionally Catholic Polish family. In order to break down this resistance, the Government introduced laws that adversely affected Catholic marriages and the children born of such unions. The concern of the Communist leaders in the Kremlin about the continual growth of the Polish nation pressured the Polish Communist Government to enact laws in favor of abortions. The Catholic Church in Poland did all that was humanly possible to save Poland from genocide. The Church had a firm hope of success, because the people of Poland were faithful to the teachi ng of the Church and mistrusted Communism. In the Church-State relationship, which was in reality a life and death struggle, certain political and religious events weakened the position of the Communist Government and strengthened that of the Church. One of these events was the death of Joseph Stalin, a criminal dictator of the Soviet Union and its satellite Communist countries. The dictator s death was like an earthquake in the entire Soviet block. After his death, the power and the combativeness of the Polish Communist Government weakened considerably. The 1956 Polish October Revolution, which surprised the Communist Government of Poland and their mighty sponsors at the Kremlin, was another event. The Millennium of Poland s Christianity, enthusiastically celebrated by the Church in Poland during the Great Novena, united the nation in a great opposition to the anti Christian and foreign imposed Communism. The Communist Government used all sorts of unethical methods to disrupt this celebration to no avail. The nation stood firmly behind the leadership of the Church. In December 1970, the Government raised food prices and when the workers protested, the police attacked and killed fifty of them. This massacre permanently alienated the labor from the Government. The workers received overwhelming support from the Church and the Polish intellectuals. At that moment in time, the authority of the Communist Government was steadily diminishing and the moral authority of the Church was constantly increasing among the citizens of the nation. The election of the Archbishop of Cracow, Cardinal Karol Wojtyla as Pope John Paul II enhanced the importance of the Church in Poland and brought her struggle against Communism into the international arena. The Polish Communist and their bosses in Moscow did not like this situation at all; they would rather do their criminal work in secrecy. 164 CHURCH AND STATE IN COMMUNIST POLAND

The visit of Pope John Paul II in June 1979, and the two other visits that followed the first one, unified the Polish Nation around the Church leadership and demonstrated to the world what were the national sympathies and aspirations of the overwhelming majority of the Polish people. At the same time, the leaders of the Polish Communist Party became quite aware that they could no longer govern the nation. The appearance of the charismatic leader Lech Walesa in the arena of Polish labor was quite providential. With the support of the Church and the guidance of some members of the intellectual clubs, he unified the national labor in the labor union Solidarity and won its legal registration and the right to negotiate with the Communist Government. The gruesome murder of the Solidarity s chaplain, Father Jerzy Popieluszko, perpetrated by the Government s Security Police officers, gave Solidarity a martyr and at the same time internationally compromised the Polish Communist Party and its puppet government, which began to lose control of its destiny. Therefore, in desperation, it decided to seek help from the Church by bribing it with the Statue on the Relationship Between the State and the Catholic Church in the Republic of Poland of May 17, 1989. In spite of the very generous Statute, the Church was unable to help at all during the June 4, 1989, parliamentary elections. The Communist candidates lost the elections in favor of Solidarity men. The Communist Government had finally come to its well-deserved miserable end. Therefore, the new Government of the Republic of Poland was able to sign the 1993 Concordat with the Vatican and approve its new 1997 Constitution, which outlawed Nazism, Communism, and Fascism. Conclusions 165

Epilogue Following my grade school graduation in June 1938, I applied to the State Junior Air Force Academy in the city of Krosno, Poland. My application was accepted by the academy with the proviso that, on account of my young age, my official enrollment would be postponed until September 1939. During that year of waiting, I took some academic enrichment from an unemployed teacher, helped my father on our farm, and did a lot of reading. I read not only the daily newspaper but also many valuable books from the public library, which was located in our church town of Sulislawice. Each Sunday, after Mass in our church, I returned the books I read and borrowed a number of new books to read during the week to come. When Nazi Germany attacked Poland on September 1, 1939, my enrollment at the Junior Air Force Academy was no longer possible. Nevertheless, I continued borrowing books from the library and began to study the German language. My last visit to the Public Library in Sulislawice had a touch of tragedy. As usual, after the Sunday Mass, I walked to the library where I found a number of people as usual, but what was unusual, the people were not exchanging their books but gathered in a group and spoke in subdued voices. I joined the group and learned that the Nazi authorities were about to close the library and burn its precious books. Unfortunately, burning of books was not the Nazi invention. The burning of books was introduced into the western civilization by some narrowminded and fanatical Christians, who burned pagan and heretical books as well as their authors. Hence, the Polish people, who were familiar with European history, knew right away that any religion or political system that burned books will also destroy and burn people who disagree with them. Soon, the librarian came to the group and asked all of us to take home as many books as we could carry, keep them during the war, and return to the library after the war. I took a good many books which interested me, carried them home, and returned for more. Soon the Public Library and the 166

Savings and Loan Association, which sponsored it, closed. At the same time, printing and publishing of Polish newspapers, magazines, periodicals and books became illegal, and all kinds of private radios were seized, without refund, by the Nazi administration. The only publications that were available were the official German newspapers, which glorified Hitler, his Nazism and promoted its philosophy. Grade schools, high schools, colleges, theological semi naries, and universities were closed for the duration of the war, and most of their teachers, instructors, professors and scientists placed in death camps. Th e reign of terror and death began and lasted for five long years until the Nazi demonic system was pulverized by the Allied forces at the cost of many millions of human lives and a catastrophic lost of property. If the World War II would have lasted another five years, or Nazi Germany would have won the war, the cultural, religious, and biological life of the Polish people would have been in the danger of extinction. How Polish culture, Christian religion, and the majority of population survived the Nazi Occupation is made clear by the events which took place inside and outside of Poland during World War II. These events are contained, documented, described, and illustrated in encycloped ias, books, articles, photographs, and films. New books and articles are also appearing in print from time to time propos that part of Polish history. Another totalitarian, inhuman, and criminal system, this time of the Soviet Communism, using its military force, replaced the Nazism in Poland. Just like the Nazism, the Communist system of Government did not tolerate books and people which disagreed with its philosophy. Therefore, both books and people were brutally sacrificed, as a holocaust, to the idols of Marx, Lenin , and Stalin, on the atheistic altars of Communism for the sake of the utopian paradise. The books dangerous to Communism were dissolved in paper mills and made into new paper; a paper to be used for Communist propaganda. At the same time, the educated and intelligent people, who presented threats to Communism, were secretly murdered just like the 12,000 Polish officers in Katyn, or many millions of them were sent to slow death in the various labor camps of the Gulag Archipelago. For the sake of the outside world, a modicum of articles and books appeared under Communism. However, the government s censorship always deprived them of the real meaning which the writers intended to get across. The libraries in the country, which the Nazis closed in 1939, were never reopened during the Communist regime. Therefore, the public library in Sulislawice was not reopened and those of us who saved its books from the Nazis kept them. The Communists, just like the Nazis, did not tolerate books and other printed matter except the ones that supported and promoted their own narrow-minded ideology. Epilogue 167

The survival of Poland, her culture and religion was interrelated with the war waged by the Allies, including Polish Army and Air Force units as well as the Polish underground Home Army. The Allied victory over Nazi Germany was also in a way a Polish victory and the salvation of life, culture and religion in the country. This is a public knowledge diffused by numerous books, articles, and films read and seen in various parts of the world. What is not so well known is how Poland, her millennial Christian culture, and Catholic Religion survived forty-five years of brutal and most vicious death-and-life struggle with the Soviet type of Communism. I attempted to answer this question partially in this book, which deals mostly with the legal relations and struggle between two immense powers: the physical power of the Soviet type of Communism and the spiritual and moral power of the Catholic Church in Poland. What I am trying to do in this epilogue is to help the reader to develop his general view of this struggle between these two giants. Prima facie at the first glance at the struggling giants, one would be inclined to think that the Church in Poland, even though spiritually and morally supported by the Vatican and the world-wide Catholic Church, did not have any chance of survival in the confrontation with the Communist Government in Poland. A government that was an agent and an extension of the Communist Government of the Soviet Union, a superpower, which contributed so much to the victory over its totalitarian rival, Nazi Germany. A military superpower, which was maintained and protected by the immense Red Army, Navy, and Air Force, but had no use for religion and its spiritual power. The Government of the Soviet Union and its dictators rejected not only moral and religious authority but also democratic types of governments, which were successful in the western counties. Professional and scientific studies on the great successes of democracies were available in books but the Soviet censor ship did not allow their import. If these books were smuggled in one of the Communist countries, they were confiscated and destroyed. Marxism and its dialectical materialism were to be the only philosophical, political, and social systems studied and applied in practice in the Soviet Union and its satellite countries. Marxism itself was a utopian system greatly corrupted and perverted by Russian Communists. As such, the system, thus far, has not passed a test on a large scale. The Soviet Union was its first real test, which was failing. Even unsophisticated persons with a modicum of common sense could see in Soviet Communism ignorance of human nature, narrow-mindedness, and a lack of most elementary pragmatism. 168 CHURCH AND STATE IN COMMUNIST POLAND

At the same time, the Catholic Church proclaimed the most sublime religious and moral teaching of Jesus Christ, which created a great universal Christian culture and civilization by salvaging the best values from the dying Greco-Roman world and sharing them with nations of the west. During her two-thousand-year history, the Church suffered severe persecutions at the hands of the pagan Romans from which it always came out stronger and purer. It established cathedral schools, colleges and universities in order to teach no t only religion but also all the available sciences and taught the princes and monarchs of emerging states the art of administration and reading and writing and also wisely selected and educated candidates for its ministry. Very seldom did the Church depend on the strength of its armed forces and weapons of war. Finally, the Church also made its own share of human mistakes, which it sometimes attempted to correct too late. Some times, the Church was hated and then loved but she was mostly loved for her great contributions to the welfare of the human family everywhere. This is the kind of Catholic Church, which the Church of Poland represented in her struggle with the Polish Communist regime supported by the Soviet Empire during 1944 to 1989. In addition to the attributes of the universal Church, the Church in Poland has its own specific attributes, which are non-existent to such a degree in other countries. What I have in mind here is a great identification of the Polish Nation with the Roman Catholic Church. The terms Catholic and Polish are almost interchangeable. This identification has deep roots in the long and, at times, tragic history of Poland, which began with the conversion to Christianity by the Roman Catholic missionaries and the Baptism of Poland in A.D. 966. This identification and sui generis symbiosis proved to be beneficial in the past, including the forty-five years of the Communist rule. However, it may not be so beneficial in the future, because with the opening of the borders in post Communist Poland, the country is experiencing a delayed reformation of sorts. A considerable number of Protestant missionaries moved into the country and established their evangelical and educational centers. Thus, the people of Poland now have more denominational options from which to choose their type of Christianity that is most agreeable and beneficial to them. Such options and freedom to choose appear to be very important to the people of today. At the same time, these factors will improve the quality of Christian ministry and increase respectability of the membership in the eyes of the cleric al leadership. Therefore, the denominational leaders would not any longer be able to take their members for granted. A very warm veneration of Blessed Mary, Mother of Jesus Christ, is another attribute of the Polish Church. Poland is not unique in this respect; Epilogue 169

she shares this attribute with Italy, Spain, Mexico, and other Latin countries. The earliest position of Polish literature is a hymn addressed to the Mother of Christ with its initial words, Bogu Rodzica Dziewica (O Virgin God s Mother). This hymn became the battle hymn of Polish knights and was sung in many battles in the defense of Polish as well as east European borders against the Mongolian (Tatar) invasions. The Polish knights sung this hymn also in their victorious battle of Grunwald, in 1410, with overwhelming forces of the bellicose Teutonic Knights. The national religious center of the Marian veneration, which is at the Bright Mountain Monastery (Jasna Gora) in Czestochow a, had a very important role in the Christian history of Poland. For example, during the Swedish invasion of Poland in the beginning of 1655, almost the entire country was occupied by the enemy s army, with the exception of few places which defended themselves and remained free. The monastery in Czestochowa was one of them. The people of Poland believe that the miraculous defense of the Bright Mountain Monastery, under the leadership of Prior Kordecki, took place through the intercession of Our Lady of Czestochowa. The Swedish attempt to violate the shrine of Our Lady of Czestochowa and its miraculous defense spurred the general uprising against the enemy of the country and its Catholic religion. In no time, the Swedish forces were defeated and Poland was free again. During the victory celebration King Jan Kazimierz officially named Blessed Virgin Mary The Queen of Poland. Because of many miracles which the people of Poland experienced while praying through the intercession of Our Lady of Czestochowa at the Bright Mountain Shrine, the shrine became the National Shrine of Poland. For many centuries, pilgrimages from various parts of Poland had been coming to the shrine to seek the intercession of the Mother of Christ in their prayers for various intentions. During World War II, there were no pilgrimages to Czestochowa or to other traditional sacred places. The Nazi regime did not permit any gathering of people for religious or other reasons. However, under Communist rule in Poland from 1944 to 1989, hundreds of pilgrimages went to the Shrine of Our Lady of Czestochowa. I personally took part in two such pilgrimages. One of these pilgrimages was for newly ordained priests and another for graduate students from the Catholic University of Lublin. Most of these pilgrimages went to the National Shrine for the benefit of persons of various professions, such as university professors, teachers, physicians, nurses, lawyers, artists, u niversity students etc. Their main purpose, beside personal reasons, was a religious revival of the participants. Therefore, their professional grouping enabled the clergy at the shrine to properly and fruitfully address each professional group and minister to its members on the proper intellectual level. Each pil170 CHURCH AND STATE IN COMMUNIST POLAND

grimage entailed more than going to the shrine and returning. The participants of pilgrimages had a chance to participate in Masses, listening to sermons addressed to them, going to confession, receiving Holy Communion, and reflecting in silence. As such, these religious experiences always left a deep impression on the lives of those who took part in them. During crucial moments of Communist persecution of the Church in Poland, the bishops and priests introduced a very original Marian devotion, which consisted of prayers and songs, and depended on the peregrination of the copy of the miraculous image of Our Lady of Czestochowa from one parish church to another and from one village and town to another. When the Communist authorities discovered the effectiveness of this devotion, they attempted to interrupt the peregrination by impounding the sacred image. In such a case, intervention of the Church authorities followed and the image of Our Lady was free again to continue its peregrination. When Communist legislation adversely affected Christian education, marriages, and family life, the Episcopate of Poland saw to it that the priests in every diocese preached uniform remedial sermons written by the best speakers and theologians in the country. The diocesan chancery offices delivered the copies of these sermons to each parish. The parish priests adopted these sermons according to the needs and educational level of their parishioners. The priests who delivered these sermons were rather well educated and dedicated to the teachings of Christ and their parishioners they served. At that time, all Catholic priests in Poland had college education completed in state schools and five years of solid philosophical and theological studies in major seminaries, in which their professors had doctorates in the fields they taught. At that time, the candidates for the priesthood underwent meticulous selection and also received an excellent professional character and discipline formation similar to that of the American military academies. Therefore, as such, they were a great asset of the Church in forming a united front against Communism in Poland. In spite of many attempts on the part of Communist authorities to lure the priests to their side and disrupt their ranks, there wer e very few cases of infidelity in the priestly calling. Hence, the Church under Communism remained the acies bene ordinata the battle array well arranged. The parishioners who listened to their priests sermons were very receptive because in their struggle against Communism they needed guidance and spiritual strength. They felt that in the light of Communist lies their parish church was the only place where they could hear truth. Their experiences in dealing with Communist authorities convinced them that their priests, bishops, and close relatives were the only ones who spoke truth. Those of them who were born before World War I, when Russia occupied most of Poland, had a very Epilogue 171

poor image of the Russian people and their culture. They considered them simple, illiterate, and culturally way below the western culture of Poland. When the Red Army arrived in Poland in 1939, and then in pursuing the German forces in 1944, the pejorative image of Communist Russia was totally justified by the ignorance and criminal behavior of its troops. Killing of innoc ent people, raping of women, robberies, thievery, alcoholism, ignorance, and illiteracy dominated among the Russian soldiers and officers. They were par excellence the product of Communist education and its way of life. Having such a view and taste of Russian Communism, the people of Poland did not want to have anything to do with it. The clever Communist propaganda in newspapers, books, magazines, and lectures did not change the Polish people s opinion of the Russians and of their sui generis criminal political and social system. They preferred to believe in what they saw and experienced rather than what they read in print and heard on radio. In the light of this, the farmers adamantly refused to join the collective farming system. What strengthened the farmers in their refusal was the regime s gross mismanagement of the remaining lands and buildings of the manorial property after most of the land was parceled and distributed to the landless families. As the result of this mismanagement most of the historic manor residences, which looked very much like U.S. southern plantation houses, were totally ruined. So were their libraries, art pieces, and antique furniture also ruined by ignora nt Communist administrators. The promotional literature of the Communist Party clearly affirmed that its government was the government of the workers. Nevertheless, it did not take the Polish workers too long to realize that their government did not satisfy and did not intend to satisfy their most basic human needs. Their starvation wages were not enough to feed their families and educate their childr en while officers of the Security Police received good salaries and had an access to clandestine party stores. At the same time, the Communist system of operating mills, factories, coal mines, dry docks, railroads, airways, telephones, construction industry, and other enterprises was rigid and nonproductive. The workers and other employees were the first ones to realize this situation and reported to their superiors in administration, who in turn passed the report to proper governmenta l agencies. However, the members of the government of the Communist Party, the people of one book, who studied only Marxist-Leninist books, enforced the Marxist Communist way of doing things and did not let administrator s change anything. In the light of such governmental and administrative inertia and lost hope for better wages, the workers decided to rise in spite of the fact that Communism makes no provision for strikes. The workers 172 CHURCH AND STATE IN COMMUNIST POLAND

decided to start their Poznan Workers Uprising in June 1956. This uprising lead to the Polish October of 1956, known also as Polish Frozen Revolution, which brought about a change of the Communist Government. In December of 1970, the workers of the Baltic Coast staged a protest against rises in food prices, which ended in violent blood shedding in Gdansk, Gdynia and Szczecin. In June of 1976, the violence against the protesting workers took place also in Radom and at the Ursus Complex, where tractors were produced for Polish and foreign agriculture. At that point of the struggle between the so called Government of the Workers (the regime of the Polish People s Republic) and the workers themselves, the clubs of polish intellectuals in various intellectual centers of the country intervened by organizing Workers Defense Committee (Komitet Obrony Robotnikow, in short KOR). The intellectuals joined hands with the workers and the Church in opposing the Communist regime. Soon, the Archbishop of Cracow, Cardinal Karol Wojtyla, became Pope John Paul II in October 1978 and as such triumphantly visited Poland in June 1979. His addresses to the Nation and to millions of worshipers, unlike the speeches of Communist Party leaders, were delivered with the authority of the universal Church, in perfect Polish, full of references to the Nation s history and literatu re, which the audiences knew well, loved, and felt deeply about. During this short visit, the people of Poland became fully aware of the spiritual strength of Christianity and the utmost weakness of Communism. At the same time, the members of the regime as well as the leaders of the Communist Party began to realize that they could not govern the country any longer without the help of the Catholic Church, whose destruction they sought. At the same time, they became aware that their one-book, narrow-minded Marxist indoctrination, which rejected the accumulated wisdom of nations, had terribly failed them. Only at that point in time, on August 14, 1980, the first strike, par excellence, organized and led by Lech Walesa, took place at the Lenin Shipyard in Gdansk, where Poland constructed ships for its own use as well as for other nations. This strike and other strikes, which followed on the coast of the Baltic Sea, were the first ones which the Communist regime in Poland was forced by the opposition to accept and cope with. Its backers at the Kremlin were furious but there was very little they could have done. Nevertheless, Cardinal Wyszynski offered his support to the workers and their leader Lech Walesa. On September 17, 1980, representatives of thirty-five independent trade union founding committees agreed to apply jointly for legal registration as the nationwide Independent Self-Governing Trades Union Solidarity. The Supreme Court of Poland officially registered Solidarity on November 10, Epilogue 173

1980. Following the registration, Solidarity s leader, Lech Walesa, met with the Polish Communist Party leader, Wladyslaw Kania, to establish a working relationship between labor and the Government. Shortly thereafter, Walesa visited Pope John Paul II in Rome on January 15, 1981. This visit and the award of the Nobel Peace Prize catapulted Lech Walesa into the international arena and gave him more moral authority in representing Polish labor and in bargaining with the Communist regime. At the same time, the second and the third visits of Pope John Paul to Poland strengthened the Church and the labor union Solidarity in their struggle with the diminishing but still vicious power of Communism in Poland. The Polish intellectual clubs which organized the Workers Defense Committee, the KOR, had a lot to do with the opposition to Communism in Poland, especially in the theoretical and tactical support in the struggle of th e labor union Solidarity. The charismatic labor union leaders, both Lech Walesa and his associates, were excellent in leading the workers in the early stages of the labor union Solidarity s development. However, most of them had no higher education above trade school. Therefore, in their negotiations with the Communist regime they needed help from university-educated and sophisticated persons. They found this kind of help in the intellectual clubs, whose members were highly educated people from various professions. Some members of these clubs were philosophers, accomplished poets, writers, artists, playwrights, university professors in various fields of knowledge, etc. Their usual meeting places were exclusive coffee shops, where they met in small groups to share with each other their creative ideas while having a cup of coffee and a piece of cake. Some of the members of these clubs were Christians and non Christians, believers and non-believers, Polish and Jewish. Their common belief, which united them, was that no highly educated and sophisticated persons would be able to accept the Soviet type of Communism as a political and social system for his state or his own individual person. For writ ing and publicly speaking about their strong anti Communist convictions, some of them spent years in Communist prisons. By providing counsel and logistic guidance to Solidarity leaders, in their dealings with the government, they took a risk of going to prison again. In my academic experience at American universities in Washington, DC and Pittsburgh, Pennsylvania, I never came across intellectual clubs of any kind. Nevertheless, what I observed and took part in were discussions on various topics by professors and graduate students, which took place in libraries, campus cafeterias, or restaurants. Hence, I believe that European intellectual clubs are rather unique. With the spiritual and moral support of the Church and logistical guid174 CHURCH AND STATE IN COMMUNIST POLAND

ance of the intellectual clubs, the labor union Solidarity was able to gain for the workers not only their respect but also better wages as well. At the same time, the Communist Party and its government were getting weaker, fearful, and more desperate, while the opposition, led by the Church, grew stronger and increasingly hopeful in future victory. In the moments of their fearful desperation, they began to look into the history of Christianity, which they originally ignored as irrelevant, and discovered that Christianity suffered many strong persecutions in the past from which it always emerged victorious and stronger than ever before. This discovery made them feel not only fearful and desperate but also hopeless. At the same time, the Christians in Poland and abroad believed more and more strongly in Christ s and his Church s final victory in the spirit of Easter sequence: Mors et vita duello conflixere mirando : Dux vitae mortuus, regnat vivus. Death and life have contended in that stupendous combat: the Prince of life, who died, reigns immortal. While reviewing the events marking various stages of the struggle of the Church under the leadership of Cardinal Wyszynski and Polish labor union Solidarity led by Lech Walesa, I am deeply convinced that, thanks to Divine Providence, the right events occurred at the right time to bring about the victo ry of good over evil. At the same time I cannot help myself but thinking about the Spanish aphorism, which says Quando queres alguna cosa, todo el Universo conspira para la consigas, which roughly means, If you want something, the whole universe conspires in order that you may obtain it. Both Cardinal Stefan Wyszynski and Lech Walesa with millions of their followers and the whole nation wanted nothing more than freedom from the Communist slavery and oppression, hence, God s entire universe conspired to grant their wish. Needless to say, their wish became a reality. Therefore, the drawers of the 1997 Constitution of the Republic of Poland wrote, in its Preamble, the following statement: Having regard for the existence and future of our Homeland, which recovered in 1989 the possibility of a sovereign and democratic determination of its fate. We the Polish Nation all citizens of the Republic: both those who believe in God as the source of truth, justice, good and beauty, as well as those not sharing such faith nevertheless, respecting those universal values as arising from other sources hereby establish this Constitution of the Republic of Poland as the basic law for the State, based on respect for freedom and justice, cooperation between the public powers, social dialogue as well as on the principle of subsid iarity in the strengthening the powers of citizens and their communities. The cataclysmic experiences which Poland suffered under the occupation by Nazi Germany and then Communist Soviet Union were the instrumental cause in the wording of Article 13 of the Constitution, which reads: The Epilogue 175

political parties, and other organizations, whose programs are based upon totalitarian methods and the modes of activities of Nazism, Fascism and Communis m, as well as those whose program or activities sanction racial or national hatred, the application of violence, for the purpose of obtaining power or to influence the State policy, or provide for the secrecy of their own structures or membership, shall be prohibited. Fortunately, Fascism, Nazism, and Communism, and their demonic regimes, which carried their own seeds of self-destruction, disappeared from the scene of Europe. At the same time, the nations which suffered from their brutal regimes, ipso facto, were immunized against them for many centuries to come. One of the main seeds of self-destruction in both Nazism and Communism was the narrow-minded totalitarian materialistic system, which burned and destroyed books and people that promoted freedom of thought and democracy. The history of our civilization teaches us that totalitarian systems may burn books and people that disagree with them, may scatter their ashes into the lakes and rivers but are unable to burn the invincible and immortal life-affirming human spirit, which is always searching for love, freedom, and truth. 176 CHURCH AND STATE IN COMMUNIST POLAND

Chapter Notes Introduction 1. Oscar Halecki, A History of Poland (New York: Roy Publishers, 1956), pp. 202 ff. 2. Halecki, A History of Poland, pp. 202 ff. 3. Acta Apostolice Sedis (Romae, 1909 1929; Civitate Vaticana, 1929 ) (hereafter cited as AAS), XVII (1925), 273. 4. Oscar Halecki, Pius XII: Eugenio Pacelli, Pope of Peace (New York: Farrar, Straus and Young, Inc., 1954), p. 245. 5. Documents Relating to Administration of Occupied Countries in Eastern Europe. N. 5, The Soviet Occupation of Poland (New York: Polish Information Center, 1940), p. 26 (hereafter cited as Documents); The Dark Side of the Moon (New York: Charles Scribner s Sons, 1947), pp. 47 48. 6. Oscar Halecki, Poland (New York: F.A. Praeger, 1957), pp. 44 46. 7. Rocznik Statystyczny 1955 (Warszawa: Nakladem Glownego Urzedu Statystycznego, 1956) p. 23. The figure was provided by the census of January 14, 1946. 8. As quoted by Halecki, Poland, pp. 44 46. 9. Informacyjny Biuletyn Tygodniowy, VII (1960), 4. 10. As quoted by M. K. Dziewanowski, Poland in the Twentieth Century (New York: Columbia University Press, 1977), p. 253. 11. Halecki, Poland, p. 40. 12. Ibid., p. 72. 13. Ibid., p. 73. 14. Ibid., p. 75. 15. Ibid., p. 78. Chapter 1 1. Dziennink Ustaw Rzeczypospolitej Polskiej (Warszawa, 1919 1940; 1945 ), 44 (1921), 267 (hereafter cited as Dziennink Ustaw). 2. Dziennink Ustaw, 267. 3. Andrzej Gwozdz, Burzuazyjno-Obszarnicza Konstytucja z 1921 Roku w Praktyce (Warszawa: Wydawnictwo Prawnicze, 1956), p. 74. 4. Dziennink Ustaw, n. 44 (1921), 267. Rosada and Gwozdz, Church and State in Poland. 5. Stanislaw Piekarski, Wyznania Religijne w Polsce (Warszawa: M. Arct, 1927), p. 8. 6. Dziennink Ustaw, n. 44 (1921), 267. 7. According to the Polish law there are two types of moral persons: (1) the institutional type created by a law or by an administrative act (State, Church, State institutions),

and (2) the associational type created through a resolution made by a certain group of people (trade unions, cooperatives, registered associations). Cf. Mala Encyklopedia Prawa (Warszawa: Panstwowe Wydawnictwo Naukowe, 1959), pp. 441 442. 8. Dziennink Ustaw, n. 44 (1921), 267. Some precedents for this favored position can be found in three Polish constitutions of 1791, 1807 and 1815. Cf. Leon Wegner, Dzieje Dnia Trzeciego i Piatego Maja 1791 (Poznan: Nakladem Towarzystwa Przyjaciol Nauk Poznanskiego, 1865). pp. 369 409. 9. Dziennink Ustaw, n. 44 (1921), 267. 10. Dziennink Ustaw, n. 44 (1921), 267. 11. Dziennink Ustaw, n. 44 (1921), 267. 12. Halecki, Poland, pp. 71 74. 13. Halecki, Poland, pp. 71 74. 177

14. Andrzej Gwozdz, BurzuazyjnaoObszarnicza Konstitucja Konstjtucja z 1921 Roku w Praktyce (Warszawa: Wydawnictwo Prawnicze, 1956), p. 168. 15. Angelo Mercati, Raccolta di Concordati su Materie Ecclesiastiche tra la Santa Sede e Autorita Civili (2 vols., Roma: Tipografia Poliglotta Vaticana, 1919 1954), I, 638. 16. Ibid., pp. 758 ff. 17. Georg Philips, Kirchenrecht (8 vols., Regensburg: G.J. Manz, 1855 1889), III, Appendix VII, pp. 62 ff.; Ferdinandus Walter, Fontes iuris ecclesiastici antiqui et hodierni (Bonnae: apud Adolphum Marcum 1862), pp. 239 ff. 18. Mercati, Raccolta di Concordati, p. 821. 19. Franciszek Baczkowicz, Prawo Kanoniczne (3rd ed., 3 vols., Opole: Wydawnictwo Diecezjalne Sw. Krzyza, 1957), I, 146. 20. Angelus Perugini, Concordia Vigentia Notis Historicis et Iuridicis Declarata (Romae: Pontificium Institutum Utriusque Iuris, 1934), p. 31. 21. Perugini, Concordia Vigentia, p. 32. 22. Dziennink Ustaw, n. 44 (1921), 267. 23. AAS, XVII (1925), 273. 24. Dziennink Ustaw, n. 44 (1925), 501. 25. AAS, XVII (1925), 273 287. 26. Dziennink Ustaw, n. 72 (1925), 324. 27. Stanislaw Lukomski, Konkordat (Lomza: Unitas, 1934), p. 1. 28. AAS, XVII (1925), 274. 29. Ibid., 274. 30. Ibid., 274. 31. Ibid., 274. 32. Ibid., 274 275. 33. Ibid., 275. 34. Ibid., 275. 35. Ibid., 275. 36. Ibid., 275 276. 37. Ibid., 277. 38. Ibid., 277. 39. Ibid., 277. 40. Ibid., 277 278. 41. Ibid., 277 278. 42. Ibid., 279. 43. Ibid., 279. 44. Ibid., 279. 45. Ibid., 279. 46. Ibid., 280. 47. Ibid., 280. 48. Ibid., 280. 49. Ibid., 281. 50. Ibid., 281. 51. Ibid., 281 283. 52. Ibid., 283. 53. Ibid., 283. 54. Ibid., 284.

Chapter 2 1. Gwozdz, Konstjtucja, 175 176. 2. The New York Times, September 15, 1945, p. l, col. 2. 3. Gwozdz, Konstjtucja, 172. 4. Gwozdz, Konstjtucja, 172. 5. Demokratyczny Przeglad Powszechny, November 1945, n. l. 6. Demokratyczny Przeglad Powszechny, November 1945, n. l. Cf. L Osservatore Romano, September 26, 1945, n. 1, cols. 5 6. 7. Demokratyczny Przeglad Powszechny, November 1945, n. l. 8. Demokratyczny Przeglad Powszechny, November 1945, n. l. Cf. Halecki, Poland, p. 203; Henryk Swiatkowski, Panstwo a Kosciol w swietle prawa (Warszawa: Ksiazka i Wiedza, 1958), pp. 43 44. Cf. also Polozenie prawne kosciolow i zwiazkow wyznaniowych, edited by Edward Malkiewicz and Stanislaw Podemski (Warszawa: Ars Christiana, 1960), p. 123. 9. Gwozdz, Konstjtucja, 172. 10. Demokratyczny Przeglad Powszechny, November 1945, n. 1. 11. Halecki, Poland, pp. 203 204. 12. The New York Times, September 16, 1945, Section L, p. 20., col. 5. 13. The New York Times, September 16, 1945, Section L, p. 20., col. 5. 14. L Osservatore Romano, September 26, 1945, p. 1, cols. 5 6. 15. L Osservatore Romano, September 26, 1945, p. 1, cols. 5 6. 16. L Osservatore Romano, September 26, 1945, p. 1, cols., 5 6. 17. L Osservatore Romano, September 26, 1945, p. 1, cols., 5 6. 18. The New York Times, July 15, 1946, p. 2, col. 5. 19. Kazimierz Szwarcenberg-Czerny, Problem Polskiego Konkordatu, Przeglad Powszechny (Warszawa, 1883 ), LXV (1948), n. 225, p.10. 20. The Communist Government usually ignores the problem of the hierarchy and in all its statements concerning the Church 178 NOTES CHAPTER 2

refers to the clergy, meaning the priests, not bishops. 21. Henri Wagnon, Concordats et Droit International (Gembloux: J. Ducult, 1935), p. 23. Cf. Giuseppe Casoria, Concordati e ordinamento giuridico internazionale (Roma: Officium Librii Catholici, 1953), p. 29; Baczkowicz, Prawo Kanoniczne, I, 119. 22. John A. Abbo, The Revision of the Code, The Jurist (Washington, DC, 1941 ), XX (1960), 392 393. 23. M. B. G. Fink, De Concordatis (Lovanii, 1879), p. 177. Cf. Wagnon, Concordats, p. 108; Benedetto Ojetti, Concordat, The Catholic Encyclopedia, IV, m. 198; Augustinus Bachofen, Summa juris ecclesiastici publici (Romae: F. Pustet, 1910), p. 142. 24. Wagnon, Concordats, p. 273. 25. H. Bonfils and P. Fauchille, Manuel de droit international public, 6th ed. (Paris, 1914), p. 545. 26. Wagnon, Concordats, p. 273. Cf. Alphonsus Van Hove, Commentarium Lovaniense in Codicem Iuris (1 vol. in 5 toms, Tom II, De Legibus Ecclesiasticis, MechliniaeRomae, 1930), 96 ff. (hereafter cited as De Legibus Ecclesiasticis). As far as the terminology is concerned, it is necessary to mention that derogation means a temporal suspension of the force of one or another disposition of a concordat. Cf. Wagnon, Concordats, p. 278. Abrogation signifies an abolishment of a concordat as a whole. Cf. Ibid., p. 282. 27. Alphonsus Van Hove, Commentarium Lovaniense in Codicem Iuris Canonici, Editum a Magistris et Doctoribus Universitatis Lovaniensis (1 vol. in 5 toms, Tom I, Prologomena, 2nd ed., Mechlinie-Romae: H. Dessain, 1945), pp. 100 105 (hereafter cited as Prologomena). Cf. Matthaeus Conte a Coronata, Ius publicum ecclesiasticum (2nd ed., Taurini: Marietti, 1934), p. 178. 28. As quoted by Jose J. Santa Pinter, Legislation Nacional Argentina versus tratados internacionales, Revista Espanola de Derechio Internacional (Madrid, 1947 ), XI (1958), p. 591. Lo Grasso, who also regards concordats as international treates, gives only three causes for their possible cessation: (1) mutual consent of the parties; (2) cessation of the juridical personality of one of the parties; (3) application of the clause rebus sic stantibus. Giovani Lo Grasso, Concordati, Enciclopedia Cattolica (12 vols., Citt del Vaticano, 1944 1946), IV, 190. 29. Halecki, Pius XII, p. 245. 30. Rosada and Gwozdz, Church and State in Poland, p. 173.

31. Wagnon, Concordats, p. 290. 32. Van Hove, Prologomena, p. 102; Cf. Wagnon, Concordats, p. 289; Cf. Felix M. Capello, Summa iuris publici ecclesiastici (Romae, 1928), p. 410. 33. Rosada and Gwozdz, Church and State in Poland, p. 174. 34. AAS, XII (1921), 521 522. 35. Wagnon, Concordats, p. 325. 36. Wagnon, Concordats, 326. 37. Ibid., p. 327; Cf. Casoria, Concordati e ordinamento giuridico internazionale, p. 116. 38. Wagnon, Concordats, p. 285. 39. This principle of International Law as solemnly confirmed by the great European powers in the declaration annexed to the London Protocol of 1871. The plenipotentiaries of Germany, England, Austria, Italy, Russia and Turkey recognized that the essential principle of the Law of Nations is that no power can be free from the obligation of a treaty or can modify its stipulations, unless the parties will consent to do it in a friendly way. Cf. Wagnon, Concordats, p. 281. 40. Szwarcenberg-Czerny, Problem Polskiego Konkordatu, Przeglad Powszechny, LXV (1948), n. 225, p. 9. 41. Ibid., p. 14. This author quoted, as an example, a sentence of the Court of Appeal in Poznan of August 18, 1946, which was published in Tygodnik Powszechny on October 26, 1947, p. 8, and as well the opinion of the Office of the Attorney General of November 10, 1945. Both of these documents stated that the Concordat would be in force until the passage of a new constitutional law. Szwarcenberg-Czerny, Problem Polskiego Konkordatu, p. 14. 42. Dziennink Ustaw, n. 33 (1952), 232. 43. Rosada and Gwozdz, Church and State in Poland, p. 175. 44. Joseph Prunskis, Comparative Law, Ecclesiastical and Civil, in Lithuanian Concordat (The Catholic University of America Canon Law Studies, n. 222, Washington, DC: The Catholic University of America Press, 1945), pp. 10 ff. 45. Casoria, Concordati e ordinamento giuridico internazionale, p. 23. Notes Chapter 2 179

46. The National Catholic Almanac, edited by Felician A. Foy (Paterson: St. Anthony s Guild, 1960), p. 352. 47. Halecki, Pius XII, p. 264. 48. Wagnon, Concordats, p. 403; cf. A. Ottaviani, Institutiones iuris publici ecclesiastici (2 vols., Vol. I, Ius publicum internum, 2nd ed., Rome, 1935; Vol. II, Ius publicum externum, ecclesia et status, 1st ed., Rome, 1926), II, 329. 49. Wagnon, Concordats, pp. 403 405. Chapter 3 1. The New York Times, October 1, 1947, p. 12, col. 6. Cf. Halecki, Poland, p. 202; The New York Times, April 3, 1949, p. 31, col. 3. Cf. B. Stasiewski, Poland, The New Catholic Encyclopedia, XI, 483. 2. Dziennink Ustaw, n. 45 (1949), 334. Cf. Polozenie Prawne, p. 20. 3. As quoted by Rosada and Gwozdz, Church and State in Poland, p. 173. 4. AAS, XLI (1949), 334. 5. The New York Times, July 27, 1949, p. 13, col. 3. 6. Dziennink Ustaw, n. 45 (1949), 334. Cf. Polozenie Prawne, p. 20. 7. Canons 2259 and 2260. 8. Dziennink Ustaw, n. 45 (1949), 334. 9. Dziennink Ustaw, n. 45 (1949), 334. 10. Dziennink Ustaw, n. 45 (1949), 334. 11. Dziennink Ustaw, n. 45 (1949), 334. 12. As quoted by The New York Times, October 1, 1947, p. 12, col. 6. 13. Dziennink Ustaw, n. 45 (1949), 292. 14. Dziennink Ustaw, n. 45 (1949), 334. 15. Monitor Polski (Warszawa, 1919 1940; 1945 ), n. 69 (1949), 884 885. 16. Monitor Polski, n. 11 (1950), 112. 17. Dziennink Ustaw, n. 9 (1950), 87. 18. Halecki, Pius XII, p. 267. 19. The following is the passage of the Government s statement, which was sent to Bishop Choromanski, Secretary of the Polish Episcopate: The Vatican decision (excommunication of Catholics working for Communism) like the Atlantic Pact and other acts of political aggression came into being through the work of the same imperialistic centers, which, as a result of their greed and desire to conquer the whole world, are preparing the ground for unleashing another war. They again fan the worst aggressive and revisionist instincts against Poland, particularly in Germany . Priests and other clergy of all ranks should be guided by Polish legislation in force, especially while carrying activities of public nature, and in no case can they put into effect directives given by foreign executive quarters contrary to Polish legislation and

Polish raison d tat . The New York Times, July 27, 1949, p. 13, col. 3. 20. Edward A. Morrow, Warsaw Takes up Church Problems, New York Times, July 31, 1949, Section IV, p. 4, col. 8. 21. Ksieza Mowia (Warszawa: Czytelnik, 1949), pp. 61 62. 22. Inter-Catholic Press Agency (New York, 1946 ), V (150), 12. 23. Halecki, Pius XII, p. 261. 24. Inter-Catholic Press Agency, V (1950), 12. 25. Inter-Catholic Press Agency, V (1950), 12. The Church took advantage of the possibilities that arose for the defense of religious life and the living word of its teaching. The aim of the attempts made to seek some modus vivendi with the Communist State was to preserve the basis and nature of the activities of the Church. Szuldrzynski, The Situation of the Catholic Church, 2. 26. Inter-Catholic Press Agency, V (1950), 12. 27. Halecki, Poland, 261. 28. The Church was represented in the Mixed Commission by Bishop Zygmunt Choromanski, Secretary of the Polish Episcopate, Bishop Tadeusz Zakrzewski, Ordinary of the Plock Diocese, and Bishop Michal Klepacz, Ordinary of Lodz Diocese. The representatives of the Government were Wladyslaw Wolski, Minister of Public Administration, Edward Ochab, Vice-Minister of National Defense, and Franciszek Mazur, Deputy to Sejm. 29. Halecki, Pius XII, p. 263. 30. Inter-Catholic Press Agency, V (195), 19. 31. As quoted by Rosada and Gwozdz, Church and State in Poland, pp. 233 234. 32. Halecki, Poland, p. 264. 33. Halecki, Poland, p. 264. 34. In the recovered Territories there are now five dioceses: Opole, Olsztyn, Wroclaw, Gorzow, and Gdansk. The Holy See entrusted these territories to Cardinal Stefan 180 NOTES CHAPTER 3

Wyszynski, the Primate of Poland. It also nominated titular bishops as its administrators. Cf. Annuario Pontificio per l anno 1960 (Citt del Vaticano: Tipographia Poliglotta Vaticana, 1960), pp. 150, 232. 35. In the communique, the bishops repeated the assurance of the papal authority. They stated: There is no doubt that the recognition that the pope is the highest authority of the Church in the matters of faith, morals and jurisdiction is of importance to us. For this recognition corresponds to the deepest Catholic feelings of the Nation toward the Holy See. Inter-Catholic Press Agency, V (1950), 19. 36. Inter-Catholic Press Agency, VI (1951), 21. 37. Inter-Catholic Press Agency, VI (1951), 21. 38. As quoted by Rosada and Gwozdz, Church and State in Poland, pp. 234 236. 39. Inter-Catholic Press Agency, V (1950), 19. 40. Rosada and Gwozdz, Church and State in Poland, p. 236. 41. Polozenie prawne, p. 128. 42. Polozenie prawne, p. 128. 43. Szuldrzynski, The Situation of the Catholic Church, 22 23. 44. Ibid., 23 24. 45. Inter-Catholic Press Agency, VIII (1953), 40. 46. Inter-Catholic Press Agency, VIII (1953), 40. 47. Inter-Catholic Press Agency, VIII (1953), 40. 49. Inter-Catholic Press Agency, V (1950), 27. 50. Ibid., p. 44. 51. Inter-Catholic Press Agency, VI (1951), 21. 52. Ibid., VII (1952), 20. 53. Ibid., VIII (1953), 40. 54. Halecki, Poland, p. 78. Cf. InterCatholic Press Agency, VII, 31. 55. Inter-Catholic Press Agency, VII (1952), 42. 56. Dziennink Ustaw, n. 33 (1952), 232. 57. Dziennink Ustaw, n. 33 (1952), 232; cf. Inter-Catholic Press Agency, VII (1952), 14. 58. Rosada and Gwozdz, Church and State in Poland, p. 177. 59. Szuldrzynski, The Situation of the Catholic Church, pp. 25 26. Cf. Wieslaw Zylinski, Sytuacja Kosciola Katolickiego w Polsce (London: Atlas, 1953), pp. 25 26. 60. Szuldrzynski, The Situation of the

Catholic Church, pp. 25 26. 61. Inter-Catholic Press Agency, VII (1952), 42. 62. Inter-Catholic Press Agency, VII (1952), 42. 63. Rosada and Gwozdz, Church and State in Poland, p. 215. 64. Rosada and Gwozdz, Church and State in Poland, p. 215. 65. Dziennink Ustaw, n. 10 (1953), 32. 66. Monitor Polski, n. 43 (1953), 522. 67. Monitor Polski, n. 43 (1953), 522. 68. AAS, XVII (1955), 280. 69. Dziennink Ustaw, n. 10 (1953), 32. 70. Monitor Polski, n. 43 (1953), 522. 71. AAS, XVII (1925), 280. 72. Dziennink Ustaw, 10 (1953), 32. 73. AAS, VII (1935), 277. 74. Dziennink Ustaw, n. 33 (1952), 232. 75. Dziennink Ustaw, n. 10 (1953), 522. 76. Monitor Polski, n. 43 (1953), 522. 77. Monitor Polski, n. 43 (1953), 522. 78. Monitor Polski, n. 43 (1953), 522. 79. AAS, XVII (1925), 277. 80. Dziennink Ustaw, n. 10 (1953), 32. 81. Halecki, Poland, p. 215. 82. Inter-Catholic Press Agency, VIII (1953), 40. 83. Inter-Catholic Press Agency, VIII (1953), 40. 84. Inter-Catholic Press Agency, VIII (1953), 40. 85. Inter-Catholic Press Agency, VIII (1953), 40. 86. Frank Gibney, The Frozen Revolution (New York: Farrar, Straus and Cudahy, 1959), pp. 143 146. 87. Gibney, Frozen Revolution, p. 147. 88. Halecki, Poland, p. 563. Cf. The New York Times, December 8, 1956, p. 1, col. 8 and p. 14, col. 5. 89. The New York Times, December 8, 1956, p. 1, col. 8. 90. The New York Times, December 8, 1956, p. 1, col. 8. 91. Inter-Catholic Press Agency, XI (1956), 51. These five bishops were Teodor Bentsch, Franciszek Jop, Boleslaw Kominek, Edmund Nowicki, and Tadeusz Wilczynski. Notes Chapter 3 181

Chapter 4 1. Canons 1495 1551. 2. Canon 1495, paragraphs 1 and 2. 3. Canon 100, paragraph l. 4. Austria in Art. 29 of its 1855 Concordat; San Salvador in Art. 17 of the 1862 Concordat; and Venezuela in Art. 22 of the 1862 Concordat. Cf. Mercati, Raccotla di concordati, I, 827, 962, 977; Poland in Art. 16 of the 1925 Concordat; cf. AAS XVII (1925), 279; Lithuania in Art. 17 of the 1927 Concordat; cf. AAS XIX (1927), 431; Portugal in Art. 1 of the 1940 Concordat; cf. AAS XXXII (1940), 217. 5. Canon 1499. 6. Canons 1504 1507. 7. Canons 1508 1512. 8. Canons 1513 1517. 9. Canon 1518. 10. Canon 2345. 11. Canon 2345. 12. Canon 2346. 13. Stanislaus Woywod, A Practical Commentary on the Code of Canon Law, Revised by C. Smith (2 vols. in 1, New York: Joseph F. Wagner, 1952), II, 543. 14. AAS, XVII (1925), 281 283. 15. Dziennink Ustaw, n. 4 (1944), 17. 16. The New York Times, July 16, 1946, p. 9, col. 1. 17. Inter-Catholic Press Agency, V (1950), 11. 18. Inter-Catholic Press Agency, V (1950), 12. 19. Inter-Catholic Press Agency, V (1950), 12; cf. Rosada and Gwozdz, Church and State in Poland, p. 194. 20. Inter-Catholic Press Agency, V (1950), 11. 21. Inter-Catholic Press Agency, V (1950), 11. 22. Dziennink Ustaw, n. 9 (1950), 87. 23. Dziennink Ustaw, n. 9 (1950), 87. 24. Art. I. 25. Art. II. 26. Art. III. 27. Art. IV. 28. Art. VII. 29. Art. VIII. 30. Art. X. 31. Art. XII. 32. Dziennink Ustaw, n. 9 (1950), 87. 33. Inter-Catholic Press Agency, V (1950), 13. 34. Inter-Catholic Press Agency, V (1950), 12. 35. Rosada and Gwozdz, Church and State in Poland, p. 197. 36. Dziennink Ustaw, n. 25 (1952), 172. 37. The Polish Episcopate in its Pastoral

Letter of September 4, 1960, mentioned the absurdity of those charges saying: The charges that the Church in Poland is capitalistic seems obsolete. Indeed, we have been deprived successively of all important material means for the Church s existence . Priests and members of religious orders literally live today by the labor of their hands and the Christian generosity of the faithful . Can we be accused of being rich if we defend the remnants of the so-called material basis of our religious seminaries, parishes and dioceses from confiscation, which is sometimes carried out in a demagogical manner? East Europe (New York, 1951 ), IX (1960), n. 11, p. 51. 38. Canon 1487. 39. Stefan Wyszynski, Message of Polish Primate on Catholic Charities, Inter- Catholic Press Agency, V (1950), 16. 40. Inter-Catholic Press Agency, V (1950), 4. 41. Inter-Catholic Press Agency, V (1950), 9. 42. Rosada and Gwozdz, Church and State in Poland, p. 190; The New York Times, January 24, 1950, p. 9, Col. 1; Inter-Catholic Press Agency, V (1950), 4. 43. Monitor Polski, n. 11 (1950), 112. 44. Inter-Catholic Press Agency, V (1950), 5. 45. Inter-Catholic Press Agency, V (1950), 7. 46. Inter-Catholic Press Agency, V (1950), 10. 47. Inter-Catholic Press Agency, V (1950), 10. 48. Inter-Catholic Press Agency, V (1950), 10. 49. Inter-Catholic Press Agency, V (1950), 10. 50. Inter-Catholic Press Agency, V (1950), 10. 51. Inter-Catholic Press Agency, V (1950), 15. 52. Inter-Catholic Press Agency, V (1950), 11. Cf. The New York Times, February 17, 1950, p. 1, col. 6 and p. 16, col. 3. Canon 2331, paragraph 1 says that Persons who stubbornly 182 NOTES CHAPTER 4

refuse to obey the legitimate precepts or prohibitions of the Pope or their proper ordinary, shall be punished with appropriate penalties, not excluding censures, in proportion to the gravity of their guilt. 53. Inter-Catholic Press Agency, V (1950), 10. 54. Conte a Coronata, Institutiones, II, 441. 55. For example, in 1222, the Church of the Order of the Holy Spirit was built in the City of Sandomierz; cf. Rocznik Diecezji Sandomierskiej 1960 (Sandomierz: Wydawnictwo Diecezjalne, 1960), p. 127. The members of this Order took care of the sick in their hospitals; cf. Kirchliches Handlexicon (2 vols., Mnchen, 1907), I, col. 1622. 56. Dziennink Ustaw, n. 55 (1958), 434. 57. Dziennink Ustaw, n. 55 (1958), 434. 58. Dziennink Ustaw, n. 55 (1958), 434. 59. Dziennink Ustaw, n. 55 (1958), 434. 60. Monitor Polski, n. 68 (1949), 884. 61. Monitor Polski, n. 68 (1949), 884. The same resolution concerned the hospitals owned by the Societies of the Polish Red Cross and the Society for the Protection of Health of the Jewish Population. 62. Monitor Polski, n. 68 (1949), 885. 63. Monitor Polski, n. 29 (1952), 421. 64. Monitor Polski, n. 82 (1952), 1322. 65. Monitor Polski, n. 89 (1952), 1377. 66. Inter-Catholic Press Agency, V (1950), 36. 67. These facts are verified by the personal experiences of the writer who was one of the former administrators of the Diocesan Major Seminary in Sandomierz. 68. Michael Derrick, Persecution in Poland (London: The Sword of the Spirit, 1954), p. 8. 69. Derrick, Persecution, p. 8. 70. As quoted by Inter-Catholic Press Agency, XV (1960), 1. 71. Inter-Catholic Press Agency, XV (1960), 1. 72. Inter-Catholic Press Agency, XV (1960), 21. 73. Inter-Catholic Press Agency, XV (1960), 21. 74. Inter-Catholic Press Agency, XV (1960), 21. 75. Inter-Catholic Press Agency, XV (1960), 21. 76. Documents, n. 5, p. 27. 77. Informacyjny Biuletyn Tygodniowy, VIII (1960), 4; IV (1959), 41, Cf. InterCatholic Press Agency, XV (1960), 2. 78. Dziennink Ustaw, n. 40 (1949), 292. Inter-Catholic Press Agency, V (1950), 12, 15.

Chapter 5 1. St. Thomas Aquinas, Summa Theologica (Matriti: La Editorial Catolica, S.A., 1951), IIa IIae, Q. CII, a. 1. Pius XI, Litt. Encycl. Divini illius Magistri, 31 Dec. 1929. AAS, XXII (1930), 59. 2. Canon 1113. 3. Canon 750. 4. Gommar A. De Pauw, The Ecclesiastical Rights of the Church and Elementary Schools in Belgium, The Catholic University of America Canon Law Studies, n. 336 (Washington, DC: The Catholic University of America Press, 1953), p. 7. 5. Conrad Humbert Boffa, Canonical Provisions for Catholic Schools, The Catholic University of America Canon Law Studies, n. 117 (Washington, DC: The 6. Catholic University of America Press 1939), p. 65. 7. Litt. Encycl. Divini illius Magistrii, 31 Dec. 1929 AAS, XXII (1930), 63 64. 8. Litt. Encycl. Divini illius Magistrii, 31 Dec. 1929 AAS, XXII (1930), 63 64. 9. Boffa, Canonical Provisions, p. 71. 10. Matthew 27: 19 20; Canon 1322. 11. Canon 1372. 12. Canon 1373. 13. Canon 1379. In accordance with Canon 1375, the Church has the right to establish schools of every grade. 14. Canon 1374. 15. Canon 1374. 16. Canon 1376. 17. Canon 1382. 18. Canon 1381. 19. According to the statistics of 1935, the religious orders of men in Poland operated two elementary and twenty secondary schools. Religious orders of women directed 692 kindergartens, fifty-six secondary schools, and 102 secondary boarding schools. Marian Pierozynski, Statystyka Kosciola w Polsce (Lublin, 1935), pp. 82 99. 20. Dziennink Ustaw, n. 44 (1921), 267. 21. Dziennink Ustaw, n. 44 (1921), 267. Notes Chapter 5 183

22. AAS, XVII (1925), 277 278. 23. Dziennink Ustaw, n. 1 (1927), 9. 24. Dziennink Ustaw, n. 1 (1927), 9. 25. Dziennink Ustaw, n. 1 (1925), 9. 26. Canons 1381 1382. 27. Dziennink Ustaw, n. 1 (1927), 9. 28. Dziennink Ustaw, n. 1 (1927), 9. 29. Documents, p. 28. 30. The Dark Side of The Moon, pp. 47 48. 31. Halecki, Poland, p. 206. 32. Dziennink Urzedowy Ministerstwa Oswiaty (Warszawa, 1944 ), n. 4 (1945), 186 (Hereafter cited as Dziennink Urzedowy). 33. The circular was based only upon the Constitution, since a day before its promulgation, the Government abrogated the 1925 Concordat. 34. Dziennink Urzedowy, 4 (1945), 189. 35. Dziennink Urzedowy, 4 (1945), 189. 36. For instance, the circular said nothing regarding the appointments of the teachers of religion, about their position in the schools, or about religious practices of the students. 37. Stanislaw Mikolajczyk, The Rape of Poland (New York: Whittlesey House, 1948), p., 228. 38. Ksieza Mowia (Warszawa: Czytelnik, 1949), p. 62. 39. The New York Times, February 9, 1949, p. 4, col. 62. 40. The New York Times, February 9, 1949, p. 4, col. 62. Over twenty priests were arrested, in the Diocese of Katowice, for having read the pastoral letter. 41. Rosada and Gwozdz, Church and State in Poland, p. 234. 42. Inter-Catholic Press Agency, V (1950), 44. The Children s Friends Association is a Government supported organization for establishing atheistic schools in Poland. 43. Inter-Catholic Press Agency, V (1950), 44. 44. Inter-Catholic Press Agency, V (1950), 44. 45. Inter-Catholic Press Agency, V (1950), 44. 46. Inter-Catholic Press Agency, VIII (1953), 40. 47. Inter-Catholic Press Agency, VIII (1953), 40. 48. Inter-Catholic Press Agency, VIII (1953), 40. The Decree on the Freedom of Conscience and Religion was issued on August 5, 1949. Dziennink Ustaw, n. 45 (1949), 334. 49. Halecki, Poland, p. 223. 50. Inter-Catholic Press Agency, XI (1956), 51.

51. The New York Times, November 25, 1956, p. 1, col. 3. 52. Informacyjny Biuletyn Tygodniowy, V (1958), 14. 53. Marian Mazgaj, O Prawdziwe Docenianie Wolnosci, Miesiecznik Franciszkanski (Pulaski, 1917 ), LIII (1960), 483. 54. Informacyjny Biuletyn Tygodniowy, V (1958), 35. Cf. Inter-Catholic Press Agency, XV (1960), 4. 55. Jan Kubik, The Power of Symbols Against the Symbols of Power (University Park: University of Pennsylvania Press, 1994), p. 36. 56. Kubik, Power of Symbols, p. 36. 57. Informacyjny Biuletyn Tygodniowy, VI (1959), 21. 58. As quoted by Informacyjny Biuletyn Tygodniowy, V (1959), 35. 59. Informacyjny Biuletyn Tygodniowy, XV (1959), 46. 60. Polish Research Press Summary, July 5, 1960, n. 124. 61. Inter-Catholic Press Agency, XV (1960), 2. 62. Inter-Catholic Press Agency, XV (1960), 3. 63. East Europe, IX (1960), n. 11, p.51. 64. Listy Pasterskie Episcopatu Polski 1945 1974 (Paris: ditions du Dialogue, Socit d ditions Internationales, 1975), pp. 288 289. 65. Listy Pasterskie Episkopatu Polski. pp. 750 752. 66. Listy Pasterskie Episkopatu Polski, pp. 253 254. 67. Listy Pasterskie Episkopatu Polski, pp. 757 761. 68. Listy Pasterskie Episkopatu Polski, pp. 757 761. 69. Inter-Catholic Press Agency, VII (1952), 1. 70. Szuldrzynski, The Situation of the Catholic Church, 45 46. 71. Informacyjny Biuletyn Tygodniowy, V (158), 16. 72. Listy Pasterskie Episkopatu Polski, pp. 536 538. 73. Rosada and Gwozdz, Church and State in Poland, p. 235. 184 NOTES CHAPTER 5

74. Inter-Catholic Press Agency, VIII (1953), 40. 75. Inter-Catholic Press Agency, XV (1960), 1. 76. Inter-Catholic Press Agency, XV (1960), 1. It should be noted here that all banks in Communist countries belong to the governments; there are no private banks. 77. Inter-Catholic Press Agency, XV (1960), 1. 78. Halecki, Poland, p. 222. 79. Halecki, Poland, p. 222. 80. Canon 1354. 81. AAS, XVII (1925), 287. 82. Pierozynski, Statystyka Kosciola w Polsce, pp. 12 27. 83. Informacyjny Biuletyn Tygodniowy, V (1958), 3. 84. Documents, p. 27. 85. Informacyjny Biuletyn Tygodniowy, VI (1958), 3. 86. Informacyjny Biuletyn Tygodniowy, VI (1959), 32. In 1960, the total number of diocesan and religious seminarians reached 7589. Cf. Inter-Catholic Press Agency, XVI (1961), 3. 87. Inter-Catholic Press Agency, IX (1954), 41. 88. Halecki, Poland, p. 222. 89. Inter-Catholic Press Agency, XV (1960), 2. 90. Inter-Catholic Press Agency, XV (1960), 18. 91. East Europe, IX (1960), n. 11, p. 51. 92. Listy Pasterskie Episkopatu Polski, p. 475. 93. Vincent C. Chrypinski, The Catholic Church in Poland, 1944 1989, in Catholicism and Politics in Communist Societies, pp. 135 ff. Chapter 6 1. Karl Rahner and Herbert Vorgrimler, Theological Dictionary (New York, NY: Herder and Herder, 1965), p. 273. 2. Bernard Haering, The Law of Christ (3 vols., Westminster, MD: The Newman Press, 1961 1966), III, 313. Cf. Bernard Haering, Marriage in the Modern World (Westminster, MD: The Newman Press, 1966), p. 487. 3. Herbert Jone, Moral Theolog y (Westminster, MD: The Newman Press, 1959, p. 466. Cf. John A. McHugh and Charles J. Callan, Moral Theolog y (2 vols., New York, NY: Joseph F. Wagner, 1958) II. 750. 4. Canon 1012. 5. Canon 1118. Cf. Canon 1013. 6. Canon 1216. Cf. Canon 1961. 7. Canon 1960. 8. Canon 1013. Cf. Canon 1081.

9. Herbert Doms, The Meaning of Marriage (London: Sheed and Ward, 1939). pp. 86 88. 10. Jack Dominian, Christian Marriage (London: Darton, Longman and Todd, 1967), p. 241. 11. Pastoral Constitution on the Church in the Modern World (Abbott and Gallagher, The Documents of Vatican II), Art. 48, p. 250. 12. The same attitude of the Council Fathers was expressed in Art. 50 of the above quoted Constitution. 13. Peter Schoonenberg, God s World in the Making (Techny, IL: Divine Word Publications, 1967), p. 128. 14. Canon 2350. 15. Canon 895, Abortion consists in the voluntary and criminal expulsion of a human fetus during uterine gestation before the fetus is viable. Woywod, Practical Commentary, II, 603. 16. Peter Siekanowicz, Poland, Government Law and Courts in the Soviet Union and Eastern Europe, General Editors, Vladimir Gsovski and Kazimierz Grzybowski (3 vols., New York: Frederick A. Praeger, 1959), II, 1337. 17. Baczkowicz, Prawo Kanoniczne, II, 158. 18. Baczkowicz, Prawo Kanoniczne, II, 158. 19. Baczkowicz, Prawo Kanoniczne, II, 159. 20. Siekanowicz, Poland, 1337 1338. 21. Baczkowicz, Prawo Kanoniczne, II, 159. 22. Ibid.; Cf. Rosada and Gwozdz, Church and State in Poland, p. 183. Cf. Siekanowicz, Poland, II, 1337. 23. Rosada and Gwozdz, Church and State in Poland, p. 183. Cf. Siekanowicz, Poland, II, 1338. 24. Documents, p. 37. 25. The Dark Side of the Moon, pp. 47 48. 26. Dziennink Ustaw, n. 48 (1945), 270. Notes Chapter 6 185

27. Dziennink Ustaw, n. 48 (1945), 270. 28. Dziennink Ustaw, n. 48 (1945), 273. 29. Dziennink Ustaw, n. 48 (1945), 273. 30. Dziennink Ustaw, n. 48 (1945). 270. 31. Dziennink Ustaw, n. 48 (1945). 270. 32. Dziennink Ustaw, n. 48 (1945), 271. 33. Halecki, Poland, p. 206. 34. As quoted by Szuldrzynski, The Family, 47 48. 35. Szuldrzynski, The Family, 47 48. 36. Dziennink Ustaw, n. 34 (1950), 308. 37. Dziennink Ustaw, n. 34 (1950), 309. 38. Szuldrzynski, The Family, 36. 39. Szuldrzynski, The Family, 36. 40. Dziennink Ustaw, n. 34 (1950), 308. 41. Dziennink Ustaw, n. 34 (1950), 308. 42. Szuldrzynski, The Family, 69. 43. Dziennink Ustaw n. 34 (1950), 308. 44. Dziennink Ustaw, n. 34 (1950), 308. 45. Szuldrzynski, The Family, 48. 46. Antonio Gregnanin, Il Matrimonio della Republica Socialista Federativa Sovietica Russa nella filosofia e nel diritto (Milano: Casa Editrice Dott. A. Giuffre, 1956), p. 81. 47. Meletiuis Wojnar, Book Review of Il matrimonio della Republica Socialista Federativa Russa Sovietica nella filosofia e nel diritto by Antonio Gregnanin, The Jurist, XVII (1957), 361. Cf. Szuldrzynski, The Family, 51. 48. Wojnar, Book Review, 361 362. 49. Friederich Engels, Pochodzenie rodziny, wlasnosci priwatnej i panstwa (Warszawa: Ksiazka, 1948), 94. 50. Vladimir Gsovski, Soviet Civil Law (Ann Arbor: University of Michigan Law School, 1948), p. 126. 51. Siekanowicz, Poland, 1339. 52. Siekanowicz, Poland, 1339. 53. Marek Gintowt, Rozwodowe refleksje, Prawo i Zycie (Warszawa, 1960), n. 1, p. 3, cols. 5 7. 54. Inter-Catholic Press Agency, XV (1960), 6. 55. Inter-Catholic Press Agency, XV (1960), 6. 56. Informacyjny Biuletyn Tygodniowy, VI (1959), 43. 57. For instance, they preached in May of 19560 on: Marriage as the Institution of Life ; God as the Creator of Marriage ; Through the Lawful Performance of the Matrimonial Duties to Heavenly Prize ; The Essence and Importance of Marriage. Kronika Diecezji Sandomierskiej (Sandomierz: Wydawnictwo Diecezjalne, 1907 ), LIII (1960), 77 79. In June the topics were: Marriage as a Sacrament ; Meaning of the Sacramental Ceremonies of Marriage ; Benefits of

the Indissolubility of Marriage. In July: Harmfulness of Divorces ; Divine Help in the Tasks of Married Couples ; Obligations of Parents in the Beginning of School Year. In September: Solidarity of Married Couples Responsibility ; The Church s Attitude Toward Marriage ; The Purpose of Marriage Impediments ; Christ the King of the Family. In October: The State and Marriage ; Preparation for Marriage. Kronika Diecezji Sandomierskiej, pp. 166 ff. 58. Inter-Catholic Press Agency, XV (1960), 13. 59. Inter-Catholic Press Agency, XVI (1961), 1. 60. Dziennink Ustaw, n. 12 (1956), 61. 61. Dziennink Ustaw, n. 12 (1956), 61. 62. Dziennink Ustaw, n. 13 (1956), 68. 63. Dziennink Ustaw, n. 13 (1956), 68. 64. For example, in the City of Lodz, which has over one million population, from July 1956 to December 1957, there were 1750 cases of abortion at the Maternity Clinic of the Medical Academy alone. At the same time, in all other Clinics and hospitals of the City of Lodz the number of abortions totaled about 5000. Informacyjny Biuletyn Tygodniowy, V (1958), 16. 65. John T. Noonan, Jr., Contraception (Cambridge, MA: Harvard University Press, 1965, p. 519. Noonan based his statistical data on the report of Christopher Tietze, Demographic Significance of Legal Abortion in Eastern Europe, Demography, I (1964), 119 125. 66. Informacyjny Biuletyn Tygodniowy, V (1958), n 16. 67. Hanlin, Thirty Million Poles, The Apostle, XXXVIII (1960), n. 11, 24. 68. Hanlin, Thirty Million Poles. 69. Dziennink Ustaw, n. 2 (1960), 15. 70. Dziennink Ustaw, n. 2 (1960), 15. 71. Dziennink Ustaw, n. 2 (1960), 15. 72. Dziennink Ustaw, n. 2 (1960), 15. 73. Inter-Catholic Press Agency, XV (1950), 5. 74. Hanlin, Thirty Million Poles, 24. 75. Hanlin, Thirty Million Poles, 24. 76. Hanlin, Thirty Million Poles, 24. 186 NOTES CHAPTER 6

77. Inter-Catholic Press Agency, XV (1960), 22. 78. Informacyjny Biuletyun Tygodniowy, VIII (1960), 6. 79. This booklet contains questions such as: How do I treat the matter of the unborn ones? Do I know the position of the Church in this matter? Do I think about it? Do I act accordingly? Do I have the courage of my convictions to refuse help in fetal operation? In the case of danger of death of the unborn child did I do everything that was in my power to save it? Inter-Catholic Press Agency, XV (1960), 22 80. One pamphlet was very striking. On its front page there was a picture of an infant s face and the words, Mother allow me to live! Hanlin, Thirty Million Poles, The Apostle, XXXVIII (1960), n. 11, 24. 81. Inter-Catholic Press Agency, XVI (1961), 2. 82. Inter-Catholic Press Agency, XV (1960), 11. 83. Informacyjny Biuletyn Tygodniowy, VIII (1960), 6. 84. Hanlin, Thirty Million Poles, 24. 85. Inter-Catholic Press Agency, XV (1960), 22. 86. Informacyjny Biuletyn Tygodniowy, VIII (1960), 6. 87. Dziennink Ustaw, n. 33 (1952), 232. Chapter 7 1. Jan Kubik, The Power of Symbols Against the Symbols of Power (University Park, Pennsylvania: Pennsylvania University Press, 1994) p. 110. 2. Kubik, Power of Symbols, p. 113. 3. Kubik, Power of Symbols, pp. 114 114. 4. Kubik, Power of Symbols, pp. 120. 5. Kubik, Power of Symbols, p. 124. 6. Kubik, Power of Symbols, p. 121. 7. Kubik, Power of Symbols, pp. 121 122. 8. Kubik, Power of Symbols, p. 122. 9. M. K. Dziewanowski, Poland in the Twentieth Century (New York: Columbia University Press, 1977), p. 219. 10. Dziewanowski, Poland in the Twentieth Century, pp. 220 221. 11. Kubik, Power of Symbols, 125. 12. Kubik, Power of Symbols, p. 142. 13. Kubik, Power of Symbols, p. 142. 14. Kubik, Power of Symbols, p. 142. 15. Kubik, Power of Symbols, pp. 143 144. 16. Kubik, Power of Symbols, pp. 143 144. 17. Timothy Garton Ash, The Polish Revolution: Solidarity (New Haven: Yale University Press, 2002), p. 71.

18. Lech Walesa, The Struggle and the Triumph (New York: Arcade Publishing, 1994), pp. 73 74. 19. Minutes No. 64 from an Expanded Meeting of the Central Committee of the Communist Party, June 5, 1989. Chapter 8 1. Dziennink Ustaw, n. 29 (1989), 457. 2. Dziennink Ustaw, n. 29 (1989), 457. 3. Dziennink Ustaw, n. 29 (1989), 457. 4. Dziennink Ustaw, n. 29 (1989), 457. 5. Dziennink Ustaw, n. 29 (1989), 457. 6. Dziennink Ustaw, n. 29 (1989), 457. 7. Dziennink Ustaw, n. 29 (1989), 457. 8. Dziennink Ustaw, n. 29 (1989), 458. 9. Dziennink Ustaw, n. 29 (1989), 458. 10. Dziennink Ustaw, n. 29 (1989), 458. 11. Dziennink Ustaw, n. 29 (1989), 459. 12. Dziennink Ustaw, n. 29 (1989), 459. 13. Dziennink Ustaw, n. 29 (1989), 459. 14. Dziennink Ustaw, n. 29 (1989), 459. 15. Dziennink Ustaw, n. 29 (1989), 459. 16. Dziennink Ustaw, n. 29 (1989), 459. 17. Dziennink Ustaw, n. 29 (1989), 459. 18. Dziennink Ustaw, n. 29 (1989), 459. 19. Dziennink Ustaw, n. 29 (1989), 459. 20. Dziennink Ustaw, n. 29 (1989), 459. 21. Dziennink Ustaw, n. 29 (1989), 460. 22. Dziennink Ustaw, n. 29 (1989), 460. 23. Dziennink Ustaw, n. 29 (1989), 460. 24. Dziennink Ustaw, n. 29 (1989), 460. 25. Dziennink Ustaw, n. 29 (1989), 461. 26. Dziennink Ustaw, n. 29 (1989), 461. 27. Dziennink Ustaw, n. 29 (1989), 461. 28. Dziennink Ustaw, n. 29 (1989), 462. 29. Dziennink Ustaw, n. 29 (1989), 462. 30. Dziennink Ustaw, n. 29 (1989), 462. 31. Dziennink Ustaw, n. 29 (1989), 463. 32. Dziennink Ustaw, n. 29 (1989), 463. 33. Dziennink Ustaw, n. 29 (1989), 463. 34. Dziennink Ustaw, n. 29 (1989), 463. 35. Dziennink Ustaw, n. 29 (1989), 463. 36. Dziennink Ustaw, n. 29 (1989), 463. Notes Chapters 7 and 8 187

37. Dziennink Ustaw n. 29 (1989), 464. 38. Dziennink Ustaw, n. 29 (1989), 464. 39. Dziennink Ustaw, n. 29 (1989), 464. 40. Dziennink Ustaw n. 29 (1989), 465. 41. Dziennink Ustaw, n. 29 (1989), 465. 42. Dziennink Ustaw n. 29 (1989), 467. 43. Dziennink Ustaw, n. 29 (1989), 467. 44. Dziennink Ustaw, n. 29 (1989), 468. 45. Dziennink Ustaw, n. 29 (1989), poz. 154. 46. Dziennink Ustaw, n. 29 (1989), poz. 154. 47. Dziennink Ustaw, n. 29 (1989), 470. Chapter 9 1. John Paul II, Address on Wednesday, 25 March, 1998 (http//www.vatican.va / holy_father/johm_paul_ii/speeches/1998// march.), p. 1. 2. Benedict XVI, Encyclical Letter, Caritas in Veritate, June 29, 2009. 3. Jane Parlez, Polish Prime Minister to Stay Until New Elections, The New York Times, May 30, 1993. 4. Dziennik Ustaw, n. 51 (1993), poz. 318, p. 2046. 5. Dziennik Ustaw, n. 51 (1993), poz. 318, p. 2046. 6. Dziennik Ustaw, n. 51 (1993), poz. 318, p. 2046. 7. Dziennink Ustaw, n. 51 (1993), 2046. 8. Dziennink Ustaw n 51 (1993), 2047. 9. Dziennink Ustaw n 51 (1993), 2047. 10. John Paul II, Address. 11. Dziennink Ustaw, n. 51 (1993), 2048. 12. Dziennink Ustaw, n. 51 (1993), 2048. 13. Dziennink Ustaw, n. 51 (1993), 2049. 14. Dziennink Ustaw, n. 51 (1993), 2049. 15. Dziennink Ustaw, n. 51 (1993), 2050. 16. Dziennink Ustaw, n. 51 (1993), 2050. 17. Dziennink Ustaw, n. 51 (1993), 2050. 18. Dziennink Ustaw, n. 51 (1993), 2051. 19. Dziennink Ustaw, n. 51 (1993), 2051. 20. Dziennink Ustaw, n. 51 (1993), 2052. 21. Dziennink Ustaw, n. 51 (1993), 2052. 22. Dziennink Ustaw, n. 51 (1993), 2052. 23. Dziennink Ustaw, n. 51 (1993), 2052. 24. Dziennink Ustaw, n. 51 (1993), 2052. 25. Dziennink Ustaw, n. 51 (1993), 2053. 26. Dziennink Ustaw, n. 51 (1993), 2053. 27. Dziennink Ustaw, n. 51 (1993), 2053. 28. Dziennink Ustaw, n. 51 (1993), 2054. 29. Dziennink Ustaw, n. 51 (1993), 2054. 30. Dziennink Ustaw, n. 51 (1993), 2054. 31. Dziennink Ustaw, n. 51 (1993), 2054. 32. Dziennink Ustaw, n. 51 (1993), 2054. 33. Dziennink Ustaw, n. 51 (1993), 2055. 34. Dziennink Ustaw, n. 51 (1993), 2055. Chapter 10 1. The Constitution of the Republic of

Poland of 2nd of April, 1997. Published in Dziennik Ustaw, No. 78, item 483. 2. Pope Benedict XVI, Encyclical Letter, Caritas in Veritate, June 29, 2009, n. 57. 3. Dziennink Ustaw, n. 78 (1997), 483. 4. Dziennink Ustaw, n. 78 (1997), 483. 5. Dziennink Ustaw, n. 78 (1997), 483. 6. Dziennink Ustaw, n. 78 (1997), 483. 7. Dziennink Ustaw, n. 78 (1997), 483. 8. Dziennink Ustaw, n. 78 (1997), 483, Art. 48. 9. Dziennink Ustaw, n. 78 (1997), 483, Art. 53. 10. Dziennink Ustaw, n. 78 (1997), 483, Art. 54. 11. Dziennink Ustaw, n. 78 (1997), 483, Art. 70 188 NOTES CHAPTERS 9 AND 10

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Abortions 110 114 Abrogation of the 1925 Concordat 20 Adamski, Bishop Stanislaw 45, 74 Agreement of 1950 32 Agreement of l956 49 American Universities 174 Apostolic Nuncio 147 Apostolic See 66 Auschwitz-Birkenau 123 Authority of the Church 12 Baczkowicz, Franciszek 189 Benedict XV, Pope 26 Benedict XVI, Pope 145, 159 Bierut, Pres. Boleslaw 30, 40, 48, 57, 60, 74, 76 Birth Control 110ff Bishop of Kielce 66 Brachium Seculare 144 Breitinger, Father 20, 22, 23 Buczek, J. 156 Budzinski, The Reverend Dr. Jan v Canon Law 54 Caritas 33, 34, 39, 58 63, 131, 135, 136 Caritas in Veritate 145 Catechization 79, 88 Catholic Buildings 64 67 Catholic Centers 79 Catholic League 58 Catholic Press 38 Catholic University of Lublin 38, 39, 89 92, 99 Catholicism 1, 35, 53, 54, 63, 121, 130, 135, 140, 141, 148, 149, 151, 152, 154, 157, 159, 160, 163; buildings 64 67; education 68ff; family 2; hospitals 63 64; schools 68ff Charter of Human and Civil Rights 119 Charter of the United Nations 129 Children s Friends Association 75 Chmielewski, Lt. Waldemar 126 Choromanski, Bishop Zygmunt 33, 38, 50, 66 Christian marriage 102 103 Chrypinski, Vincent C. 1845 Church Fund 55, 58 Church of Poland 63 Civil Law Marriage 103 105 Code of Canon Law 53, 54, 69, Code of Domestic Relations of 1950 106 110 Cominform 33 Committee of Workers Defense 125 Communism 1, 31, 32, 63, 79, 85, 122, 160, 163, 172, 175, 176 Communist Committee of National Liberation 54, 55 Concordat of 1925 12 19, 25, 153, 165 Concordat of l993 140, 143, 145, 145, 156 Conference of the Polish Episcopate 134

Constantine s Donation 144 Constitution of 1921 72, 163 Constitution of 1952 42 45 Constitution of 1997 158 162, 165 Council of Ministers 20, 139, 161 Cyrankiewicz, Jozef 35 Czestochowa 101 Czuj, The Reverend Dr. Jan 93 Dab-Kociol, J. 57 Dabrowski, K. 57 Day of the Catholic Mother 113 De bonis ecclesiae temporalibus 53 Declaration on Freedom of Religion 84 Decree of August 5, 1949 31 32 Decree of 1953 45 49 Democratic Law Review 20 193 Index

Department of Denominational Affairs 65 Dictionnaire Apologtique 96 Diet of the Polish People s Republic 129 Diocesan Seminaries 94ff Dymek, Bishop 23 Dziady (The Forefathers) 118 Dziewandowski, M.K. 120 Ecclesiastical Goods 50, 58 Engels 109 Episcopate of Poland 171 Excommunication 31 Fascism 160, 176 Frankowski, Jan 59 Frozen Revolution 115 General Austrian Code of 1811 104 German Civil Code of 1896 104 Gibney, Frank 181 Gierek, Edward 119, 120, 124 Gintoft, Marek 109 Glemp, Bishop Joseph 125, 126 Globalization 157, 159 Gomulka, Wladyslaw 50, 77, 95, 115, 118, 119 Granat, The Very Reverend Dr. v Grand Coalition Government 128 Great Mystery 96 Great Novena 110, 116, 117 Gsovski, Dr.Vladimir 190 Halecki, Oskar 33, 37 Hlond, Cardinal Augustin 20, 22, 30 Hodge, Sister Patricia vi Holy Father 38 Holy Mother 117 Holy Office 31, 32 Holy See 20, 21, 23, 25, 33, 34, 35, 36, 37, 41, 45, 53, 69, 147 Home Army (Armia Krajowa) 96, 98, 99 Jagiellonian University 92, 96 Jaroszynski, Karol 89 Jaruzelski, General Wojciech 225, 227 Jasienica, Pawel 59 Jews 157 John XXIII, Pope 122, 157 John Paul II, Pope 121, 122, 124, 125, 127, 146, 147, 155, 164, 165, 173, 174 Jop, The Rt. Reverend Dr. Franciszek v Kania, Stanislaw 124, 174 Khrushchev, Nikita 115 Kielce, Diocese of 66, 67 Klepacz, Bishop 50, 66, 116 Klos, Father 96 Kopernik, Mikolaj 152 Kowalczyk, Apostolic Nuncio Bishop Jozef 155 Kwasniewski, President A. 156 Lemparty, Father Antoni 59 Lenin, Vladimir 49, 109 Lenin Shipyard 173 Lorek, The Rt. Reverend Jan Kanty v, vi,

95, 96, 97, 98 L Osservatore Romano 21 Marriage Law 107 Marriage Law of 1945 105 106 Martial Law 125 Marxist Doctrine 41 Massacre of Workers in 1970 118 Masses for Homeland 126 McManus, The Reverend Dr. Frederick vi Mickiewicz, Adam 118 Mikolajczyk, Stanislaw 190 Millennium of Poland s Christianity 116 Minister of Justice 20 Ministry of Foreign Affairs 20 Mixed Commission 51 Modus Vivendi of 1950 146 Morawski, Jerzy 51 Mors et Vita 175 National Armed Forces (Narodowe Sily Zbrojne) 99 Nazism 160, 176 New York Times 21 Oder-Neisse Boarder 120 Office of the Civil State Registry 107 Order on Abortions of 1959 112 Orsenigo, Apostolic Nuncio 22 Orthodox Christians 157 Orthodox Church in Russia 59 Osobka-Morawski, Edward 23 Our Lady of Czestochowa 116, 119, 123 171 Papal Visits 122, 125 Papee, Kazimierz 28 Paris Declaration on Education 84 Paszenda, Jan 59 Patriotic Priests 45 Paul VI, Pope 120 Peasants Battalions (Bataliony Chopskie) 99 Pekala, Lieutenant Leszek 126 194 INDEX

People s Army (Armia Ludowa) 98, 99 Perles, Jane 146 Pierozynski, Ftr. Marian 59 Pietruszka, Lt. Adam 126 Piotrowski, Capt. Gregory 126 Pius XI, Pope 68 Pius XII, Pope 2l, 23 Planned Parenthood Association 113 Poland 1; armed forces 134; bishops 43, 51, 80, 83, 85, 120, 127; communist government 25, 116, 122, 126, 136, 164; episcopate 116, 127, 131, 146, 163; families 114; government in London 23, 25; hierarchy 34, 36, 38, 41, 45, 60, 74, 93 Polish Atheistic Organization 78 Polish Constitution of 1921 9 11, 30 Polish Intellectual Clubs 174 Polish October 1956 Revolution 113, 164, 173 Polish People s Republic 43, 46, 47, 84, 120, 124, 130, 173 Polish Press Agency 59 Pontifex Maximus 144 Popieluszko, Father Jerzy 125, 126, 165 Poznan 98 Poznan Workers Uprising 173 Privilegium Fori 144 Protestants 157 Public Security Agents 97, 100 Radziszewski, The Reverend Dr. Idzi 89 Rakowski, Prime Minister Mieczyslaw 127 Recovered Territories 36, 37, 63, 65 Red Army 172 Redemptor Hominis 123 Religious Instruction 38 Republic of Poland 147, 149, 152, 153, 155, 159, 160 Round Table Meetings 127 Rozmaryn, Professor Stefan 30 Rozycki, The Very Reverend Dr. Ignatius v Samulski, Father Antoni 59 Sandomierz Diocesan Seminary 97 Sandomierz, Diocese of 63, 94, 96 Sanguis martyrum semen Christianorum 144 Sapieha, Cardinal Adam 33, 58, 60 Sejm 55 Seminaries, Diocesan 94 Separation of the Church and State 44 Siekanowicz, Dr. Peter 109 Sisters of St. Elizabeth 64 Skapski, Franciszek 89 Skrzeszewski, Minister of Education 75 Skubiszewski, Minister for Foreign Affairs Krzysztof 155 Small Constitution of 1947 30, 32 Solidarity 124, 125, 126, 127, 128, 173, 175 Soviet Union 1, 115 Splett, Bishop of Gdansk Carl Maria 20 Stachelski, Jerzy 51

Stalin, Joseph 115 Statute of 1989 127, 129 Stepien, The Reverend Dr. Jan 93 Stockholm Peace Appeal 41, 42, 75 Subsidiarity 159 Suchocka, Prime Minister Hanna 146 Szymanski, The Very Reverend Dr. Adam v, 95 Theological Schools 92 93 Totus Tuus Poloniae Populus 147 Tygodnik Powszechny 42 Uniform sermons 116 Universal Declaration of Man s Rights 87 University of Cracow (A.D. 1364) 152 Vatican 35 Vatican Council II 84 Walesa, Pres. Lech 124, 126, 146, 163, 165, 173, 174 Warsaw University 118 Wicher, The Very Reverend Dr. v Wojnar, The Reverend Dr. Meletius v, vi, 108 Wolski, Wladyslaw 33, 34, 35, 37 Workers Defense Committee 175 Wyszynski, Cardinal Stefan 33, 49, 50, 61, 113, 116, 117, 118, 119, 120, 125, 173, 175 Index 195