Pylyp Orlyk’s Constitution ( uk, Конституція Пилипа Орлика (''Konstytutsiya Pylypa Orlyka''), formally titled as The Treaties and Resolutions of the Rights and Freedoms of the Zaporozhian Army ( uk, Договори і Постановлення Прав і вольностей Війська Запорозького (''Dohovory i Postanovlennya Prav i volʹnostey Viysʹka Zaporozʹkoho'') is a

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

al document written by the

Hetman of Ukraine Hetman of Ukraine ( uk, Гетьман України) is a former historic government office and political institution of Ukraine that is equivalent to a head of state or a monarch. Brief history As a head of state the position was establi ...

Pylyp Orlyk Pylyp Stepanovych Orlyk ( uk, Пилип Степанович Орлик, pl, Filip Orlik; October 11 (21), 1672 – May 26, 1742) was a Zaporozhian Cossack starshyna, Hetman of Ukraine in exile, diplomat, secretary and close associate of Hetman ...

, the Cossack elders and the Cossacks of the Zaporozhian Army on the 5 April 1710 in the city of Bender (Tighina) in the

Principality of Moldavia Moldavia ( ro, Moldova, or , literally "The Country of Moldavia"; in Romanian Cyrillic: or ; chu, Землѧ Молдавскаѧ; el, Ἡγεμονία τῆς Μολδαβίας) is a historical region and former principality in Central ...

. It established the principle of the

separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...

in government between the legislative, executive, and judiciary branches well before the publication of

Montesquieu Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the principa ...

's ''Spirit of the Laws''. The document limited the executive authority of the

hetman ( uk, гетьман, translit=het'man) is a political title from Central and Eastern Europe, historically assigned to military commanders. Used by the Czechs in Bohemia since the 15th century. It was the title of the second-highest military co ...

, and established a

Cossack The Cossacks , es, cosaco , et, Kasakad, cazacii , fi, Kasakat, cazacii , french: cosaques , hu, kozákok, cazacii , it, cosacchi , orv, коза́ки, pl, Kozacy , pt, cossacos , ro, cazaci , russian: казаки́ or ...

parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

called the (General ''Rada''). The Old Ukrainian-language original, signed by Orlyk, accompanied by a diploma signed by King

Charles XII of Sweden Charles XII, sometimes Carl XII ( sv, Karl XII) or Carolus Rex (17 June 1682 – 30 November 1718 O.S.), was King of Sweden (including current Finland) from 1697 to 1718. He belonged to the House of Palatinate-Zweibrücken, a branch line of t ...

was found in 2008 by Ukrainian researchers in the ,

Moscow Moscow ( , US chiefly ; rus, links=no, Москва, r=Moskva, p=mɐskˈva, a=Москва.ogg) is the capital and largest city of Russia. The city stands on the Moskva River in Central Russia, with a population estimated at 13.0 million ...

. The Latin-language original is kept in the

National Archives of Sweden , nativename_a = , nativename_r = , seal = Riksarkivet_myndighetsvapen_-_Riksarkivet_Sverige.png , seal_width = 150 , seal_caption = , logo = , logo_width = , logo_caption = , picture ...

History

After the

Battle of Poltava The Battle of Poltava; russian: Полта́вская би́тва; uk, Полта́вська би́тва (8 July 1709) was the decisive and largest battle of the Great Northern War. A Russian army under the command of Tsar Peter I defeate ...

, when

's and

Hetman ( uk, гетьман, translit=het'man) is a political title from Central and Eastern Europe, historically assigned to military commanders. Used by the Czechs in Bohemia since the 15th century. It was the title of the second-highest military co ...

Ivan Mazepa Ivan Stepanovych Mazepa (also spelled Mazeppa; uk, Іван Степанович Мазепа, pl, Jan Mazepa Kołodyński; ) was a Ukrainian military, political, and civic leader who served as the Hetman of Zaporizhian Host in 1687–1708. ...

's armies were defeated by

Peter I of Russia Peter I ( – ), most commonly known as Peter the Great,) or Pyotr Alekséyevich ( rus, Пётр Алексе́евич, p=ˈpʲɵtr ɐlʲɪˈksʲejɪvʲɪtɕ, , group=pron was a Russian monarch who ruled the Tsardom of Russia from t ...

, Pylyp Orlyk remained with Mazepa. Together, Orlyk, Mazepa, and their Cossack forces retreated to the city of

Bendery Bender (, Moldovan Cyrillic: Бендер) or Bendery (russian: Бендеры, , uk, Бендери), also known as Tighina ( ro, Tighina), is a city within the internationally recognized borders of Moldova under ''de facto'' control of the un ...

, in Bessarabia (now

Moldova Moldova ( , ; ), officially the Republic of Moldova ( ro, Republica Moldova), is a Landlocked country, landlocked country in Eastern Europe. It is bordered by Romania to the west and Ukraine to the north, east, and south. The List of states ...

, then part of the

Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...

). The Zaporizhian Cossack Army also settled in this area. After Mazepa died, on 5 April 1710 Pylyp Orlyk was elected as the Hetman of the

Zaporizhian Host Zaporozhian Host (or Zaporizhian Sich) is a term for a military force inhabiting or originating from Zaporizhzhia, the territory beyond the rapids of the Dnieper River in what is Central Ukraine today, from the 15th to the 18th centuries. These in ...

. On the same day, he issued the ''Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host.'' Orlyk's Constitution is sometimes referred to by the city of its proclamation, the Bendery Constitution.

Articles of the Constitution

The Ukrainian-language title reads: "Договори і постанови прав і свобод військових між Ясновельможним Його Милості паном Пилипом Орликом, новообраним гетьманом Війська Запорізького, і між генеральними особами, полковниками і тим же Військом Запорізьким з повною згодою з обох сторін" The document is made up of a preamble and 16 articles.

Preamble

The preamble briefly discusses Cossack history, their

Khazar The Khazars ; he, כּוּזָרִים, Kūzārīm; la, Gazari, or ; zh, 突厥曷薩 ; 突厥可薩 ''Tūjué Kěsà'', () were a semi-nomadic Turkic people that in the late 6th-century CE established a major commercial empire coverin ...

origin myth An origin myth is a myth that describes the origin of some feature of the natural or social world. One type of origin myth is the creation or cosmogonic myth, a story that describes the creation of the world. However, many cultures have stor ...

, the rise of the

Zaporizhian Sich The Zaporozhian Sich ( ua, Запорозька Січ, ; also uk, Вольностi Вiйська Запорозького Низового, ; Free lands of the Zaporozhian Host the Lower) was a semi-autonomous polity and proto-state of Cos ...

and its downfall when after under

Bohdan Khmelnytsky Bohdan Zynovii Mykhailovych Khmelnytskyi ( Ruthenian: Ѕѣнові Богданъ Хмелнiцкiи; modern ua, Богдан Зиновій Михайлович Хмельницький; 6 August 1657) was a Ukrainian military commander and ...

it rebelled against the Polish-Lithuanian Commonwealth and ended up serving

Imperial Russia The Russian Empire was an empire and the final period of the List of Russian monarchs, Russian monarchy from 1721 to 1917, ruling across large parts of Eurasia. It succeeded the Tsardom of Russia following the Treaty of Nystad, which ended th ...

. According to the introduction, using all available means,

limited and nullified rights and freedoms of the

and eventually subjugated the free Cossack nation. Ivan Mazepa's politics and alliance with

are explained as logical and inevitable, mandated by the need to free the homeland. The independence of the new state from Russia is given as the primary goal of the Bendery Constitution.

Articles 1 - 5

Articles 1-3 dealt with general Ukrainian affairs. They proclaimed the

Eastern Orthodox Eastern Orthodoxy, also known as Eastern Orthodox Christianity, is one of the three main branches of Chalcedonian Christianity, alongside Catholicism and Protestantism. Like the Pentarchy of the first millennium, the mainstream (or "canonical") ...

faith to be the faith of Ukraine, and to further the independence from Moscow, the Kyiv Patriarchate must acquire the direct subordination to the Apostolic Capital of Constantinople. The residence of people professing other faiths, especially

Judaism Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in the ...

, must be forbidden. The Sluch River was designated as the boundary between

Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...

and

Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...

. The articles also recognized the need for an anti-Russian alliance between Ukraine and the

Crimean Khanate The Crimean Khanate ( crh, , or ), officially the Great Horde and Desht-i Kipchak () and in old European historiography and geography known as Little Tartary ( la, Tartaria Minor), was a Crimean Tatars, Crimean Tatar state existing from 1441 to ...

. Articles 4-5 reflected the interests of the

Zaporozhian Cossacks The Zaporozhian Cossacks, Zaporozhian Cossack Army, Zaporozhian Host, (, or uk, Військо Запорізьке, translit=Viisko Zaporizke, translit-std=ungegn, label=none) or simply Zaporozhians ( uk, Запорожці, translit=Zaporoz ...

, 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
Trakhtemyriv Trakhtemyriv ( uk, Трахтемирів, pl, Trechtymirów) is a very small village in Cherkasy Raion, Cherkasy Oblast. It belongs to Bobrytsia rural hromada, one of the hromadas of Ukraine. In the past it was a city and quartered the Registe ...
to the Zaporozhians to serve as a hospital, and
to disallow non-Zaporozhians to own anything in Zaporozhian territories

Articles 6 - 16

Articles 6-10 limited the powers of the hetman and established a Cossack parliament, similar to an extended council of officers, which was to meet 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 Charles XII, sometimes Carl XII ( sv, Karl XII) or Carolus Rex (17 June 1682 – 30 November 1718 O.S.), was King of Sweden (including current Finland) from 1697 to 1718. He belonged to the House of Palatinate-Zweibrücken, a branch line of t ...

, king of Sweden and "the protector of Ukraine," happened to be in Bendery at the time, and confirmed these articles.

Memory

On 9 April 2010, the 300th anniversary of the creation of the Constitution, a monument was dedicated in Bender. The monument is in the form of a book with engraved information about the history of the writing of the Constitution and its full name in Ukrainian and Latin.

References

External links

Encyclopedia of Ukraine
*

*
Information about the Constitution
*

{{Constitutions of Ukraine Political history of Ukraine Defunct constitutions Constitutions of Ukraine Legal history of Ukraine Government of the Cossack Hetmanate 1710s in Ukraine 18th century in the Zaporozhian Host