Geneza kozackiego prawa i sądownictwa wojskowego. Z badań nad artykułami wojskowymi w Rzeczypospolitej szlacheckiej

Abstract

This article concerns the issues of military justice and law among the Cossacks during the reign of Zygmunt II August and Stefan Batory. Based on the survey, the registered Cossacks were subject to a separate judiciary, and possibly articles of war. It should be emphasized that these so-called ‘privileges’ cannot be in any way considered as form of special powers granted by Zygmunt August and Stefan Batory. Due to the dominance of personality rights principles and legal particularism, the establishing of articles of war and forming independent judiciary system should be treated as ordinary action. However, the consequences of this decision were unusual. Within the Cossack communities the privileged group appeared in terms of legal and judicial (registered Cossacks), giving emancipatory model for other social groups. Court cases among the registered Cossacks were conducted by the king’s superiors or secretaries and since the end of the sixteenth century Cossack assemblies could take decisions in this regard as well. In the organizational sphere in the 2nd half of the sixteenth century Registered Cossacks should be referred to as mercenary soldiers, in contrast, however, the troops were not formed in a social procedure. Other regiments, which supported the Crown and Lithuanian forces during the wars, were of purely mercenary character. While the organizational structure of the registry was imposed by the state, Cossacks troops only swore loyalty to the king. They had their own colonels, took decisions about independent operations and established their own camps. Mercenaries were given a minimum of subordination, which was based on a commitment to travel in the organized troops and non-acceptance of the Crown and Lithuanian soldiers in their structure.