Constitution of Pylyp Orlyk
Encyclopedia
The Constitution of Pylyp Orlyk or Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host was a 1710 constitutional document written by Hetman
Pylyp Orlyk
. It established a democratic standard for the separation of powers in government between the legislative, executive, and judiciary branches, well before the publication of Montesquieu's Spirit of the Laws
. The Constitution also limited the executive authority of the hetman, and established a democratically elected Cossack
parliament called the General Council. Pylyp Orlyk's Constitution was unique for its historic period, and was one of the first state constitutions in Europe.
After the Battle of Poltava
when Charles XII of Sweden
and Hetman
Ivan Mazepa
armies were defeated by Peter I of Russia
, Pylyp Orlyk remained on the side of Mazepa. Together, Orlyk and Mazepa retreated to the city of Bendery, at the time part of the Ottoman Empire
. Zaporizhian Cossack Army also settled in this area.
When Ivan Mazepa died on 5 April 1710, Pylyp Orlyk was elected as the Hetman of the Zaporizhia Host. On the same day, Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host was declared. Hence, Orlyk's Constitution is sometimes referred to by the city of its proclamation - Bendery
.
after under Bohdan Khmelnytsky
it rebelled against the Polish-Lithuanian Commonwealth
to serve the Imperial Russia. Using all available means, Moscow
limited and nullified rights and freedoms of the Zaporizhian Host going as far as subjugating the free cossack nation, states the introduction. Ivan Mazepa's
politics and alliance with Charles XII of Sweden
are explained as logical and inevitable, mandated by the need to free the homeland. The independence of the new state from Russia was the primary goal of the Bendery Constitution.
and Poland
. The articles also recognized the need for an anti-Russian alliance between Ukraine and the Crimean Khanate
.
Articles 4-5 reflected the interests of the Zaporozhian Cossacks, who constituted the overwhelming majority of the Bendery emigration. The Hetman was obligated:
Articles 11-16 protected the rights of towns, limited the taxation of peasants and poor Cossacks, and restricted the innkeepers. Charles XII, who was present in Bendery at the time, confirmed these articles, as "the protector of Ukraine."
Hetman
Hetman was the title of the second-highest military commander in 15th- to 18th-century Poland and the Grand Duchy of Lithuania, which together, from 1569 to 1795, comprised the Polish-Lithuanian Commonwealth, or Rzeczpospolita....
Pylyp Orlyk
Pylyp Orlyk
Pylyp Stepanovych Orlyk Pylyp Stepanovych Orlyk Pylyp Stepanovych Orlyk (born on October 11, 1672 in Kosuta, Ashmyany county, Grand Duchy of Lithuania (today in Vileyka Raion, Belarus), died on May 26, 1742 in Jassy, Principality of Moldavia (today Iaşi, Romania) was a Zaporozhian Cossack...
. It established a democratic standard for the separation of powers in government between the legislative, executive, and judiciary branches, well before the publication of Montesquieu's Spirit of the Laws
The Spirit of the Laws
The Spirit of the Laws is a treatise on political theory first published anonymously by Charles de Secondat, Baron de Montesquieu in 1748 with the help of Claudine Guérin de Tencin...
. The Constitution also limited the executive authority of the hetman, and established a democratically elected Cossack
Cossack
Cossacks are a group of predominantly East Slavic people who originally were members of democratic, semi-military communities in what is today Ukraine and Southern Russia inhabiting sparsely populated areas and islands in the lower Dnieper and Don basins and who played an important role in the...
parliament called the General Council. Pylyp Orlyk's Constitution was unique for its historic period, and was one of the first state constitutions in Europe.
History
Battle of Poltava
The Battle of Poltava on 27 June 1709 was the decisive victory of Peter I of Russia over the Swedish forces under Field Marshal Carl Gustav Rehnskiöld in one of the battles of the Great Northern War. It is widely believed to have been the beginning of Sweden's decline as a Great Power; the...
when Charles XII of Sweden
Charles XII of Sweden
Charles XII also Carl of Sweden, , Latinized to Carolus Rex, Turkish: Demirbaş Şarl, also known as Charles the Habitué was the King of the Swedish Empire from 1697 to 1718...
and Hetman
Hetman
Hetman was the title of the second-highest military commander in 15th- to 18th-century Poland and the Grand Duchy of Lithuania, which together, from 1569 to 1795, comprised the Polish-Lithuanian Commonwealth, or Rzeczpospolita....
Ivan Mazepa
Ivan Mazepa
Ivan Stepanovych Mazepa , Cossack Hetman of the Hetmanate in Left-bank Ukraine, from 1687–1708. He was famous as a patron of the arts, and also played an important role in the Battle of Poltava where after learning of Peter I's intent to relieve him as acting Hetman of Ukraine and replace him...
armies were defeated by Peter I of Russia
Peter I of Russia
Peter the Great, Peter I or Pyotr Alexeyevich Romanov Dates indicated by the letters "O.S." are Old Style. All other dates in this article are New Style. ruled the Tsardom of Russia and later the Russian Empire from until his death, jointly ruling before 1696 with his half-brother, Ivan V...
, Pylyp Orlyk remained on the side of Mazepa. Together, Orlyk and Mazepa retreated to the city of Bendery, at the time part of the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
. Zaporizhian Cossack Army also settled in this area.
When Ivan Mazepa died on 5 April 1710, Pylyp Orlyk was elected as the Hetman of the Zaporizhia Host. On the same day, Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host was declared. Hence, Orlyk's Constitution is sometimes referred to by the city of its proclamation - Bendery
Bender, Moldova
Bender or Bendery, also known as Tighina is a city within the internationally recognized borders of Moldova under de facto control of the unrecognized Transnistria Republic since 1992...
.
Preamble
The preamble briefly discusses cossack history, the rise and fall of the Zaporizhian SichZaporizhian Sich
Zaporizhian Sich was socio-political, grassroot, military organization of Ukrainian cossacks placed beyond Dnieper rapids. Sich existed between the 16th and 18th centuries in the region around the today's Kakhovka Reservoir...
after under Bohdan Khmelnytsky
Bohdan Khmelnytsky
Bohdan Zynoviy Mykhailovych Khmelnytsky was a hetman of the Zaporozhian Cossack Hetmanate of Polish–Lithuanian Commonwealth . He led an uprising against the Commonwealth and its magnates which resulted in the creation of a Cossack state...
it rebelled against the Polish-Lithuanian Commonwealth
Polish-Lithuanian Commonwealth
The Polish–Lithuanian Commonwealth was a dualistic state of Poland and Lithuania ruled by a common monarch. It was the largest and one of the most populous countries of 16th- and 17th‑century Europe with some and a multi-ethnic population of 11 million at its peak in the early 17th century...
to serve the Imperial Russia. Using all available means, Moscow
Moscow
Moscow is the capital, the most populous city, and the most populous federal subject of Russia. The city is a major political, economic, cultural, scientific, religious, financial, educational, and transportation centre of Russia and the continent...
limited and nullified rights and freedoms of the Zaporizhian Host going as far as subjugating the free cossack nation, states the introduction. Ivan Mazepa's
Ivan Mazepa
Ivan Stepanovych Mazepa , Cossack Hetman of the Hetmanate in Left-bank Ukraine, from 1687–1708. He was famous as a patron of the arts, and also played an important role in the Battle of Poltava where after learning of Peter I's intent to relieve him as acting Hetman of Ukraine and replace him...
politics and alliance with Charles XII of Sweden
Charles XII of Sweden
Charles XII also Carl of Sweden, , Latinized to Carolus Rex, Turkish: Demirbaş Şarl, also known as Charles the Habitué was the King of the Swedish Empire from 1697 to 1718...
are explained as logical and inevitable, mandated by the need to free the homeland. The independence of the new state from Russia was the primary goal of the Bendery Constitution.
Articles 1 - 5
Articles 1-3 dealt with general Ukrainian affairs. They proclaimed the Orthodox faith to be the faith of Ukraine, and independent of the patriarch of Moscow. The Sluch River was designated as the boundary between UkraineUkraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
and Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
. The articles also recognized the need for an anti-Russian alliance between Ukraine and the Crimean Khanate
Crimean Khanate
Crimean Khanate, or Khanate of Crimea , was a state ruled by Crimean Tatars from 1441 to 1783. Its native name was . Its khans were the patrilineal descendants of Toqa Temür, the thirteenth son of Jochi and grandson of Genghis Khan...
.
Articles 4-5 reflected the interests of the Zaporozhian Cossacks, who constituted the overwhelming majority of the Bendery emigration. The Hetman was obligated:
- to expel, with the help of Charles XII, the Russians from Zaporozhian territories
- to grant the town of Trakhtymyriv to the Zaporozhians to serve as a hospital, and
- to keep non-Zaporozhians away from Zaporozhian territories
Articles 6 - 16
Articles 6-10 limited the powers of the hetman and established a unique Cossack parliament, similar to an extended council of officers, which met three times a year. The General Council was to consist not only of the general staff and the regimental colonels, but also of "an outstanding and worthy individual from each regiment."Articles 11-16 protected the rights of towns, limited the taxation of peasants and poor Cossacks, and restricted the innkeepers. Charles XII, who was present in Bendery at the time, confirmed these articles, as "the protector of Ukraine."
Further reading
- Dogovor i postanovlenie mezhdu Get'manom Orlikom i voiskom Zaporozhskim v 1710, in Chteniia v Imperatorskom obshchestve istorii i drevnostei rossiiskikh (Moscow 1858)
- Krupnyts’kyi, B. Het'man Pylyp Orlyk i ioho politychna diial’nist’ (1672–1742) (Warsaw 1938)
- Vasylenko, M. The Constitution of Pylyp Orlyk, AUA, 6, nos 3-4 (1958)
- Sliusarenko, A. H.; Tomenko, M. V. Istoriia Ukrainskoi Konstytytsii, "Znannia," (Ukraine 1993), ISBN 5-7770-0600-0