[1] After finding out about the death of his brother, King Charles IX of France, who died on 30 May 1574, Henry decided to secretly leave Poland, and return to his homeland.

Polish nobility had previously considered this option: Henry was to marry Anna Jagiellon, and return to France, leaving his wife in the Commonwealth.

Since the Polish–Lithuanian Commonwealth was left without a monarch, and there was uncertainty and fear of civil strife, in late August 1574 the Primate of Poland called a council of senators and magnate.

Internal conflict between pro- and anti–Habsburg factions deepened, while southeastern provinces of Red Ruthenia and Podolia were raided by Crimean Tatars, who captured thousands of people.

Before the 1576 Polish–Lithuanian royal election a congress of the Grand Duchy of Lithuania's nobles was held on 20 April 1576 in Grodno which adopted an Universal, signed by the participating high-ranking Lithuanian officials and nobles, which announced that if the delegates of the Grand Duchy of Lithuania will feel pressure from the Poles in the Election sejm, the Lithuanians will not be obliged by an oath of the Union of Lublin and will have the right to select a separate monarch.

After several heated arguments, on December 12, 1575, Primate Uchanski, under pressure from Papal nuncio Vincenzo Lauro, declared Maximilian II new King of Poland and Grand Duke of Lithuania.

Among Polish szlachta, Stephen Báthory became popular, and, urged by Zamoyski and Teczynski, the nobility decided that Anna Jagiellon should marry Bathory.

Since the election was not confirmed by Lithuania, Royal Prussia and Primate Uchanski, Bathory immediately began negotiations, hoping to avoid a civil war.