1_The Bendery Constitution

(abridgement)

Context

• Author(s): Pylyp Orlyk
• Date of Publishing: 1710
• Historical Placement: Hetman Ivan Mazepa changed allegiance from the Russian Tsardom to Sweden in the Great Northern War. Their combined forces were defeated at the Battle of Poltava, after which they fled to exile. In exile, he was succeeded by Pylyp Orlyk who wrote a constitution to regulate the powers of the Hetman. (More context in 8_Downfall of the Hetmanate)

Summary

The documents starts by recapitulating the history of the Cossacks, positing that they are descendants of the Khazars (which is historically disproven). It documents the subservience to Poland, the Khmelnytsky uprising and the following treaty of Pereieslav. It then continues to describe the breaking of the treaty by the Tsardom by encroaching on Cossack rights and Mazepa's alliance with Sweden to liberate the Hetmanate. It acknowledges the defeat of that military campaign, but remains hopeful for an eventual liberation of the Cossacks. Following that, it outlines the purpose of the document as a safeguard from encroachment of Cossack liberties by the Hetman and his successors, noting that leaders with absolute powers do not act in accordance of the good of the common people. Thus, the Hetman has to confirm his commitment to respecting the following articles:

• The Hetman must protect the Orthodox faith and counteract the rise of any rival faith in his territory. He must also work on restoring the original connection of the Church to Constantinople, instead of relying on Moscow.
• The Hetman must restore the borders of the Hetmanate to the form determined by various treaties, defend these borders and negotiate a deal with the Swedes for concrete security guarantees. He must also work on regaining Cossack prisoners in Sweden for the Hetmanate.
• The Hetman must seek diplomatic ties to the Crimean Khanate and ensure that the good relationship will not be broken.
• The Zaporizhian host was damaged by the Tsardom, first through the erecting of forts and towns along the Dnieper (which hindered fishers and hunters) and then through the destruction of the Sich. The Hetman must ensure that these wrongs are corrected in negotiations with the Swedish King and the Muscovite Tsar and never allow such damage to be done again.
• The Hetman must create a new council which will advise him on the welfare of the fatherland. It will convene three times a year and must be informed of letters that the Hetman exchanges with representatives of foreign kingdoms. Its members must act in keeping with the honor of the Hetman and only in the best interest of the fatherland. They must be able to voice their concerns about the state of the fatherland, without fearing retribution from the Hetman. The Hetman must respect the council as they respect him. When rapid response is needed, the Hetman is authorized to act decisively with the advice of the general officers. The council is to be made up of :
  • Hetman: Presides over the council but cannot act unilaterally. Must consult others before making decisions.
  • General Officers (Starshyna): The Hetman’s closest advisers and top military-administrative officials (e.g., general judge, general scribe, general quartermaster, etc.). Permanent councillors due to their proximity and rank.
  • Colonels: Commanders of territorial (town) regiments; also serve as public councillors.
  • General Councillors: One “distinguished, old, judicious, and worthy man” elected from each regiment, with the Hetman’s consent, to represent the broader Cossack community.
  • Representatives of the Lower Dnieper Zaporozhian Host: Delegates from the traditional Cossack base, invited to take part in the council’s deliberations.
• If any of the council's members appear guilty of an offense, the Hetman will delegate the punishment to the general court.
• A general treasurer shall be selected by the Hetman with popular approval, who will manage the public treasury. He must direct them toward the the public need and not his private gain with the Hetman's knowledge. The Hetman has no claim to the public treasury and must be satisfied with the funds allocated to his office. The same is true of colonels and their regimental treasuries.
• The Hetman must ensure that no excessive burdens, taxes or extortion are imposed on military and common people. He must also not appoint anyone to any office motivated for a bride, but instead confirm the candidate chosen by an election. These elections shouldn't take place without the Hetman's consent. The same principles should be followed by colonels in regards to captains or other officers, which they also can't remove from office by personal decision.
• The rights and privileges of Kyiv and other cities they legally received are to be protected by the Hetman.
• This treaty must be confirmed by the Hetman with signature and public seal, as well as a formal oath.

Takeaways

• The idea of "ancient rights and liberties" of the Cossack people is very present. It is the main reason behind the rejection of the Polish "yoke", Muscovite rule, and the reign of some former Hetmans.
• It is quite aware of some unwanted effects of power structures, as well as the incentives they give, to the good of the fatherland.
• The text was the first to promote the idea of an independent Ukraine from outside of its borders.

Source

Ralph Lindheim & George Luckyj (eds.), Towards an Intellectual History of Ukraine: An Anthology of Ukrainian Thought from 1710 to 1995 (Toronto: University of Toronto Press, 1996), pages (53-64) .
Academia link) | DOI

#Intellectualhistory