Statutul juridic internaţional al Ţării Moldovei: (de la origini până la începutul secolului al XVI-lea]
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| 1. Verfasser: | |
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| Format: | Buch |
| Sprache: | Romanian |
| Veröffentlicht: |
Chişinău
Pontos
2010
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| Schriftenreihe: | Istorii şi documente
Monografii ; 2 |
| Schlagworte: | |
| Online-Zugang: | Inhaltsverzeichnis Abstract |
| Beschreibung: | Zsfassung in engl. Sprache |
| Beschreibung: | 216 S. |
| ISBN: | 9789975511407 |
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Datensatz im Suchindex
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CUPRINS
Introducere
.
I.
Ţara Moldovei până la sfârşitul secolului al XlV-lea
(1387)
1.1.
Spaţiul estcarpatic de la mijlocul secolului al Xlll-lea până la cucerirea maghiară
(mijlocul secolului al XlV-lea)
.14
1.2.
Stăpânirea „Drăgoşeştilor" în Moldova
.30
1.3.
Statutul juridic al Ţării Moldovei în anii
1363 -1387.47
II.
Epoca vasalităţii nominale faţă de Polonia şi Ungaria
(1387-1456)
11.
1.
Vasalitatea medievală
-
ceremonial şi semnificaţie
.73
11.2.
Semnificaţia omagiului din
1387.80
11.3.
Evoluţia statutului politico-juridic internaţional al Ţării Moldovei până la sfârşitul domniei
lui Alexandru cel Bun
.88
11.4.
Statutul juridic internaţional al Moldovei în anii crizei politice interne
.110
III. Statutul juridic internaţional al Ţării Moldovei şi impactul otoman în a doua jumătate
a secolului al XV-lea -începutul secolului al XVI-lea
lll.l. Semnificaţia anului
1456
în evoluţia statutului juridic internaţional al Ţării Moldovei
.124
III.
2.
Statutul juridic internaţional al Ţării Moldovei în timpul domniei lui Ştefan cel Mare
.134
încheiere
.175
Summary
.179
Abrevieri
.188
Bibliografie
.189
Indice
.208
Introduction
.
CONTENTS
.7
I. Principality of Moldavia till the end of 14th century
(1387)
1.1
The area East of Carpathians Mountains from mid 13th century to the Hungarian conquest
(mid 14th century)
.
14
|.2.The rule of
„Dragos
dinasty" in Moldavia
.30
1.3.
Legal status of Moldavia,
1363 -1387.47
II. The period of nominal vassalage toward Poland and Hungary
(1387-1456)
11.
1.
Medieval vassalage
-
ceremony and significance
.73
11.2.
The significance of
1387
homage
.80
11.3.
The evolution of political and legal status of Moldavia until the end of Alexandras
the Good rule
.88
11.4.
The international legal status of Moldavia in the years of internal political crisis
.110
III. International legal status of Moldavia and the Ottoman factor in the second half
of the 15th century and early 16th century
lll.l. Significance of
1456
for the evolution of international legal status of Moldavia
.124
III.
2.
International legal status of Moldavia under the rule of Stephen the Great.
.134
Conclusions
.175
Summary
.179
Abréviations
.188
Bibliography
.
18g
'ndex
.208
Statutul juridic internaţional al Ţării Moldovei
SUMMARY
Introduction
The Middle of the fourteenth century was marked by fundamental changes in the political map of
South-East Europe. One of them has been the emergence of a new state, the Principality of Moldavia.
Set up in the north-eastern slopes of the Carpathian Mountains, it initially contained
-
according to
various sources
-
a small territory and it was a small local territorial formation. Initial Moldavia was
conquered by the Hungarians, and then becoming a Hungarian military "mark", called „Terra
Nostra
Moldauane" in a document issued by Hungarian King Louis the Great on the 20th of March
1360.
The
name Terrae Moldauane was inherited and accepted by sovereign rulers of the newly independent
state, starting with
Bogdan
I, the first Prince of Moldavia. This book is dedicated to the international
status of the Principality of Moldavia from its founding as an independent state to mid 16th century.
This subject is very important as one cannot understand the role of the new state on the map of
Europe without a prior clarification on the legal status of Moldavia in the given period.
The main purpose of the book is to make a critical analysis of both historical sources and historio¬
graphy related to legal status of the Principality of Moldavia from mid 14th century to mid 16th century.
I will not give too much attention to the concrete historical situation, as it has been largely covered by
Romanian historiography. Instead, I will focus on analyzing historical sources and historiography on a
specific aspect underlined above. This study is intended to be an anthropological one, in the sense it
will involve a micro-analysis of historical texts, of notions and concepts used in these texts as well as
employing a critical approach of senses and significations these notions and concepts implied.
I will try to answer several questions, among them being the following:
•
When one can admit the existence of Moldavia as a state, King in consideration the fact that
in the period under research such concepts as country
(ţară)
and state
[stat)
were very much
different;
•
what was Moldavia as a state before accepting the Polish suzerainty;
•
the character of Moldavia as a state during Polish and Hungarian suzerainty
-
was it a subject
or rather an object of international law;
•
what has been the impact of Ottoman Empire on the international status of Moldavia, especi¬
ally from mid
15'"
century to the end of Stephen's the Great rule (early
16
century);
From methodological point of view, it is very important to note that despite the existence of
numerous communities
(obşti)
such as country
(ţară),
cornfield
(holdă),
forest
(codru)
in the territory
East of Carpathian Mountains, including in the area between Prut and Dniester Rivers
(Postica
2007,
223-224),
Principality of Moldavia has started its history as a country
(ţară)
in the valley of Moldova
River, from which the very name of the country derives. Initially, as I said previously, it has been a
province of the Hungarian Kindgdom. After the effective Hungarian domination has been removed,
other local communities
-
country
{ţară),
cornfield
(holdå),
forest
(codru)
have been put under the
control of central authorities. Initially, the capital was established at
Baia,
called in the documents
also
Mulda
or Moldavia, which subsequently moved to Siret and
Suceava,
but the original name of
the state has been preserved. The imposition of the control on the various local communities such as
country
(ţara),
cornfield
(holdå),
forest
(codru)
in the area between Prut and Dniester Rivers and the
extension of the name Moldova to these territories took place latter on, when Tartars left the area
at around
1368-1369,
i.e. during the rule of
Laţcu
and
Petru Muşat.
More precisely, according to the
written documents, this happened during the rule of
Petru Muşat.
For more clarity, one should take a closer look on the notions which denominated these incipient
state formations situated in the East of Carpathian Mountains and latter on the state of Moldavia as
well, and the local inhabitants. In this, the writings of the greatest intellectual of Romanians, Dimitrie
Cantemir, well known in Europe in the 18th century and afterwards, are very useful. By the way,
Dimitrie Cantemir has been celebrated recently during an international conference held in Chisinau
in November
2008
and a special volume published on that occasion
-
The Dynasty ofCantemirs
-
-179-
Ion Eremia
brought new information about him and this has been an homage made by scholars from various
countries of Europe, both from West and East. Among the members of the editorial board of this
volume were
18
academicians and correspondent members of the Academy of Sciences of Moldova,
the coordinator of volume being Andrei
Eşanu.
Among the main ideas of Dimitrie Cantemir, which inspired my research are the following:
Dimitrie Cantemir is the first scholar to put forward the expression Romanian Principalities
(„Ţărâle
româneşti"
(Cantemir
1999,
1,
158;
Cantemir
2000,
II,
33,150)
referring to Moldavia, Wallachia and
Transilvania.
According to Dimitrie Cantemir, "Polish writers when using the name
Voloscâi
designate only
Moldavia", which is important to the extent that it refers to an ethno-cultural and linguistic defined
area, that of an area belonging to Wallachians (i.e. Romanians), contrary to some present day „scho¬
lars" in the Republic of Moldova that are tending to consider Moldavians as a separate ethnic group;
Dimitrie Cantemir remarked in the early 18th century that Voloscaia Zemle referred to „the
country or land inhabited by [heirs of] Romans, as we nowadays are calling ourselves, Romanians"
(Cantemir
1999,
1,
269-270).
Wallachia, considers Cantemir, „in our language is called Romanian country
(Ţara Românească)",
(Cantemir
1999,
1,
271).
Cantemirs uses interchangeably such expressions as „Wallachians and Moldavians" or „Roma¬
nians or Wallachians", i.e. under the name of Romanians were designated both Wallachians (inhabi¬
tants of
Muntenia
or Wallachia
)
and Moldavians (inhabitants of Moldavia).
In the above mentioned volume dedicated to Cantemir, nobody contested Cantemir's views on
this identity issues which is a very important fact that testimonies to the unanimity in the academic
circles related to the collective identity of people inhabiting the two principalities in question, Walla¬
chia and Moldavia.
There is also another important detail related to these issues. In the early political history of Roma¬
nians, i.e.
proto-state
formations, there were already established feudal relations before the creation
of political units recognized at the international level. It is to be admitted thus, that these
proto-state
formations had political relations between each other as well as between them and Hungary or the
Golden Horde.
In this context, the establishment of the Principality of Moldavia as an independent state has
been a long process and it is difficult to fix a concrete year when this state has been created. This is
especially true when speaKing about certain political leaders in present day Moldova trying to
instru¬
mentalize
history for their own ideological agenda.
Of a special importance from methodological point of view is also the fact that Stephen the Great
uses the sintagm „confederacionis pacem" in his act of July
12 1475
in order to describe the relations
of his predecessors with Poland. The expression testimonies to the idea that according to Stephen
the Great, his forerunners' acts of "submission" to Poland should be viewed rather as acts of confe¬
deration with Poland than recognition of suzerainty toward the neighboring state.
I. Principality of Moldavia till the end of 14th century
(1387)
1.1
The area East of Carpathians Mountains from mid 13th century
to the Hungarian conquest (mid 14th century)
According to historical sources, one can attest that until the Hungarian conquest, the area East of
Carpathian Mountains was inhabited by a local population designated by foreigners as Wallachians
and its derivatives such as Vlachs, Vollochs or Blachs
(vlahi,
volohi, blahi), self identifying themselves
as Romanians as demonstrated recently by newly published documents.
Historical sources are mentioning that local Romanian population has been organized in social-poli¬
tical formations such as
cnezat
and
voievodat,
coined by foreign sources as Wallachia and referred to
as terra (in Latin), land (German) or
земля
(in Slavic) depending of the language employed by various
-180-
Statutul juridic internaţional al
ТЗгіі
Moldovei
authors. In Romanian that corresponded to the term
ţara
(country), which designated not exactly
what one mean usually as a state, but rather local unions of rural communities. After the great expe¬
dition of Mongols in
1241-1242,
these social-political formations fell under the political influence of
Mongols, but succeeding to preserve a certain degree of autonomy by paying a tribute.
The term Moldova does not appear in the written sources before the Hungarian conquest of the
territory under scrutiny and that name was not familiar to the local population, as Wallachia was.
There are no sources testifying to the fact that the locality
Mulda
or
Molda
as named by
Saxonians
(In
Romanian,
saşi)
ever existed and that it would be anterior to the coming of
Saxonians,
and Hungarian
conquest. When the latter came into the area and established their "mark", they borrowed the name
from
Saxonians,
but one can admit that the local population used another name for the same loca¬
lity. Such cases were very common in the Middle Ages, but there is no concrete information on how
the locals named the above mentioned place. That is why there is no way to consider that the name
Moldavia came from the name of the local population, quite vice versa. In this sense, Victor
Spinéi
has mentioned that "the term Moldova does not derive from an ethnic name, but the name of the
inhabitants derives from the geographic area under question. Initially, the term Moldova has been
used in the chancellery and only afterwards extended into the active vocabulary of the Romanian
population, and this happened not because of the differences in the ethnic and cultural composition
of these areas as compared to the lower Danube areas, but because of the necessity to differentiate
the belonging to different states created with the evolution of Romanian society"
(Spinéi
1992, 59;
Spinéi
2006, 308-311).
l.2.The rule of
"Dragos
dinasty" in Moldavia
The so-called
"Dragos
dinasty" in Moldavia has been established by Hungarian troops. Moldavia of
the
"Dragos
dinasty" was a province of Hungary, subjected to the rule of the King, it is his property,
according to the „right of the conqueror". The term „country" used in the royal documents as well
as Hungarian chronicles referring to the conquered territory was not corresponding to the term
„state". It started to be so only after
Bogdan
cross Carpathians, settled in the area and imposed the
withdrawal of Hungarian royal authorities. The main residence of
Dragos
the "founder" was the city
of
Baia,
also known in historical sources as
Molda,
Mulda,
Civitas Moldaviensis. Namely in this area
emerged this territorial-administrative unit called by
Ludovic
I „,terre
nostre Moldauane"
.
Dragos
and his heir
Sas
have continued the policy of conquest initiated by the Hungarian Kingdom, the latter
establishing his residence at Siret.
Hungarian historical sources, both documentary as well as narrative, do not mention the names
and status of the rulers of Moldavia during the
"Dragos
dinasty". The title of
voievod
and
domn
(prince) has been attributed to
Dragos
latter on, in the 15th and 16th centuries, by the Slavic-Roma¬
nian chronicles. It is to be mentioned however that the title
voievod
was given to
Sas
in several
Mara¬
mureş
documents, but they were issued decades after his effective rule in Moldavia as well.
It is certain that in order to control and exploit effectively these territories on the East of Carpa¬
thian Mountains, Hungarians have introduced superior elements in military, administrative and fiscal
domains in comparison with those existing previously. Probably because
ofthat,
the first Hungarian
representative that ruled the area,
Dragos,
has been coined as "founder",
"voievod"
and
"domn".
According to the primary and secondary sources, it seems improbably that
Maramureş
factor, at
least in what concerns
Bogdan,
played a role in the anti-Hungarian rebellion that took place, it seems,
in
1359.
Beyond the arguments formulated by the well known historian of the Middle Ages,
Ştefan
S.
Gorovei, this assumption is supported by a document issued on March
201360
which mentions that
only Wallachians (Romanians) participated in the rebellion in Moldavia, on the one hand. At the other
hand, it refers to
Dragos
from
Giuleşti,
the one who fought against the anti-Hungarian rebels have
received „several our Romanian villages" in
Maramureş,
i.e. from Hungarian royal domain. There is
also another precious detail that this donation has been made „without damaging anybody's rights".
That means that the villages given to
Dragos
from
Giuleşti
were not confiscated from either
Bogdan
-181-
lon Eremia
or other
Maramureş
nobles,
which speaks conclusively for the fact that nobody from this category
participated in the rebellion in Moldavia.
Latter on,
Bogdan,
who was in bad relations both with
Dragos
from
Giuleşti
and Hungarian King
Ludovic
I, used the local discontent against Hungarian presence in the „country" of Moldavia and
led the movement for independence from the Hungarian rule. In other words, namely
Bogdan,
not
Dragos,
was the one that has been accepted by the local communities in its anti-Hungarian war.
Of course, there was a local camp that supported Hungarian rule, but it was in minority. Historical
research is testifying to the fact that
"Dragos
dinasty" ruled the „country" of Moldavia as a Hungarian
province around
1347-1363.
1.3.
Legal status of Moldavia,
1363 -1387
Moldavia with its capital initially at
Baia
(Molda)
became a proper state during a long process that
marked the evolution of the local Romanian society. It evolved from such stages as valley communi¬
ties, confederations of communities,
cnezat,
and
voievodat.
The last stage, that of
voievodat,
have
been hindered by the Hungarian conquest. Hungarians first organized a defensive military „mark"
and than, in the context of
1359
movement, elevated it to
a voievodat
of effective control, defined in
the royal documents as terrae
(ţara).
The coming of
Bogdan
in this country marked the beginning of
the independence and of creating a proper state, that of Moldavia.
The emergence of Moldavia as an independent state is thus intrinsically related to the
Mara¬
mureş
and Hungarian factors, but there are also other ones. It is true however that the external
factor mentioned above contributed to the withdrawal of Mongols. And this in turn made room for
the involvement of
Maramureş
factor on the final way to state independence. At a certain moment,
both Hungarian and
Maramureş
factors (Bale,
Sas,
subjected and loyal to Hungarian King) hindered
the evolution of the local society. This situation has been improved as a result of creating a coalition
between local forces and
Maramureş
ones, which contributed further to the establishment of state
and finally anticipated the independence.
According to the diploma issued on the
2nd
of February
1365,
Buda
authorities recognized indi¬
rectly its military and political failure in Moldavia as well as recognized
de
jure and
de
facto the
independence of the Principality of Moldavia.
Bogdan
lost its properties in
Maramureş,
but at the
same time Hungarian King did not admit in any way Bogdan's rights on Moldavia.
Ludovic
I suggested
however that
Bogdan
and his followers are not any more his vassals and there are no documents
testifying that this situation changed during Bogdan's life or during his immediate heirs' rule.
Historical sources are very controversial, including the well known Treaty of
1372,
and the period
from Bogdan's death to the defeat of Lithuanians in December
1377
could not testify clearly to the
fact Moldavia accepted a suzerainty status from Hungary, Poland or Lithuania. One can admit the
existence of a nominal suzerainty of Hungarian's King over Moldavia in the years
1378-1382,
when
Ludovic
the Great ceded
Počutia
and
Ţara Şepeniţului
to
Petru Muşat
as well as gave him the right to
create its own currency. After the death of
Ludovic,
this vassalage
-
suzerainty status has ceased to
exist.
According to Polish sources published by Hie Corfus and the List of Russian Cities from near abroad
and far abroad (dated
1375-1381),
Moldavia has extended its frontiers to North to include
Počutia
and Colomeea and to East up to Dniester River and even further, up to
Cern,
and to South up to
Danube and Black Sea, including
Cetatea Albă
(latter
Akkerman
and nowadays Bilhorod-Dnistrovkyi),
except the South western areas that became a part of Moldavia latter on.
Historical sources from this period testifies to the fact that the independence status of Moldavia
has been retained until the acceptance of suzerainty from the Polish King, an act made possible by
the involvement of Bishop Chiprian and endorsed by the Byzantine Emperor.
-182-
Statutul juridic internaţional al Ţării Moldovei
II.
The period of nominal
vassalage toward Poland and Hungary
(1387-1456)
11.1.
Medieval vassalage
-
ceremony and significance
Documentary and narrative sources testimonies to the fact that medieval ritual of vassalage has
been followed in what concerns the establishment of vassalage relations between Moldova and
Poland. Sometimes, Moldavian Prince acting as vassal is confirming his loyalty to Polish King directly,
sometimes through his representatives sent in Moldavia. One can make several conclusions related
to the ceremony establishing vassalage relations:
•
vassalage-suzerainty relations emerged in Western Europe during the so-called "dark ages",
referring initially to relations between two persons, the senior and the vassal, the former being
obliged to give protection and help in need, and the latter promising loyalty and help as well;
•
another stage in the evolution of vassalage-suzerainty extended to representatives of different
states, according to which the weaker one was swearing loyalty to the stronger one;
In the case of Moldavia, there is a special situation in what concerns the motives justified by the
Hungarian King in imposing his suzerainty on Moldavia, i.e. on the basis that Moldavia formerly has
been a part of the Hungarian Kingdom; in reality, the territories of Moldavia in the late 14th
-
early
Іб"1
centuries has expanded largely northward, eastward and southward and this process was not
due to Hungarian tutelage, just vice versa; by extending its borders, Moldavia became a full-fledged
independent state and there was no reason to consider it further as a Hungarian province;
The phenomenon of suzerainty imposed on Moldavia has been a result of external factors, i.e. it
was a relation based on the assumption that Moldavia was recognized as an independent state, not
a province of one of the neighboring states; Stephen the Great, for instance, viewed his vassalage
status to Poland on the one hand and to Hungary at the other one, as a political and military alliance,
or, in his words, as „confederacionis pacem", resembling the vassalage-suzerainty relation in what
concerns the ceremony of establishing this relation as well as the paying of a tribute;
11.2.
The significance of
1387
homage
According to the two documents signed on the 26th of September
1387,
one signed by Moldavian
prince
Petru Muşat
and the other one by the Moldavian
boyars,
one can conclude that it was an
engagement between two sovereigns, and two aristocracies of two different countries, but unequal
in terms of strength and potential, Moldavia at the one hand, and Poland at the other.
As a result of this homage and swearing loyalty, the vassal became subjected to the suzerain, but
this did not imply the former loosing all his rights in his own country. A renown Romanian historian,
Petre
P. Panaitescu, mentioned that "suzerainty does not corresponds to giving up the independence
status" (Panaitescu
1956, 96).
The above mentioned submission of
1386
and the homage of
1387
made by both the Moldavian Prince and
boyars
toward the Polish King had rather the character of a
political and military alliance.
Notwithstanding, the homage of Moldavian prince and its
boyars
to the Polish King had long lasting
consequences: from
Petru Musaťs
rule on, aristocracy opposition used to retreat on the Polish terri¬
tory and has been supported by Poland in it's strive to impose its own candidate on the Moldavian
throne. Besides, the Polish King became more and more involved in imposing its own favorites to
rule Moldavia and in this sense the acceptance of the homage by
Petru Muşat
in
1387
has been often
invoked in justification for this kind of actions. From the other point of view, by inclining to Poland's
sphere of influence, has been included in the Polish-Lithuanian system of alliances: Moldavia „thus
distanced itself from the Hungarian crown and get closer to the Polish one, and the latter assured the
security of Moldavian commercial road, as well as cities and ports"
(Gonţa
1989, 25).
-183-
Ion Eremia
11.3.
The evolution of political and legal status of Moldavia until the end
of Alexandru's the Good rule
Examining the international legal status of the Principality of Moldavia from the end of the 14th
century to the first quarter of the 15th century, one can conclude that Moldavian Princes Roman I,
Stephen I as well as
Petru Muşat
by swearing allegiance to Polish Kings the independence status of
Moldavia did not suffer, quite the contrary. Polish suzerainty was rather nominal than effective. From
the beginning of the Alexandru's the Good rule till March
1402
Moldavia had no formal obligations
toward neighboring countries, including Poland. In
1402,
Moldavia became once again under the
nominal suzerainty of Poland, but this did not affect the independence status of the country. Accor¬
ding to the Lublin Treaty of
1412,
Poland has succeeded to eliminate Hungary's pretensions, at least
temporarily, for suzerainty on Moldavia. Poland's success in imposing its sole suzerainty on Moldavia
had a positive impact on the country as it evolved for the next
20
years without any major internal
and external conflicts.
11.4.
The international legal status of Moldavia in the years of internal political crisis
In the period under scrutiny in this paragraph, the international legal status of Moldavia has rema¬
ined basically unchanged. All the princes ruling in this period sworn allegiances to both Polish and
Hungarian sovereigns. However, one can notice that mutual obligations were not respected, especi¬
ally by the suzerain. Very often both Hungarian and Polish counterparts have been involved in impo¬
sing their own favorites after a period when their former proteges did not satisfy them any more. It
is to be said also that internal instability influenced or even invited the neighboring two countries to
involve themselves in internal political life.
At the same time, the assumption shared by some historians that Moldavia in this decades has
been divided territorially is very tendentious and do not correspond to the real facts. It is true however
that there were certain territorial disputes, like the one between Moldavia and Poland concerning
Ţara Şepeniţului,
which has been finally won by Moldavia, but this does not mean that the northern
neighbor gave up its pretensions on this territory. The main territorial loss was the surrender of
Chilia
port to
lancu
de Hunedoara
in
1448,
a Romanian from Transylvania, which was at that time the
governor of Hungary.
III. International legal status of Moldavia and the Ottoman factor in the second half
of the 15th century and early 16th century
111.1.
Significance of
1456
for the evolution of international legal status of Moldavia
The year
1456
has been approached from various angles in the historiography. Only recently there
were published documents attesting to the fact that from
1456
Moldavia started to pay an annual
tribute to the Ottoman Empire. In the view of the contemporaries, these changes have been consi¬
dered as a provisional and necessary act, determined by the desire to avoid a military clash with the
Turks, a strategy to buy peace by paying a tribute. Available documentary sources do not allow us
to assert that this act was not corresponding to an „homage of bowing" from the part of Moldavia
toward the Ottoman Empire. It was not an act of recognizing a vassalage status from the part of
Moldavia. Moldavian prince as well as the
boyars
reckoned only the military weakness of the country
and did not give up their status and dignity (in medieval sense), except by paying a tribute to the Turks.
The only Moldavian social strata that came under the protection of the Porte were the tradesmen of
Cetatea Albă
doing commerce in the Ottoman Empire. The only legal suzerain of Moldavia according
to the act of July
29 1456
was Poland.
-184-
Statutul juridic internaţional al Ţării Moldovei
III.
2.
International legal
status
of Moldavia under the rule of Stephen the Great
By examining thoroughly various sources, one can conclude that the vassalage-suzerainty rela¬
tions between Moldavia on the one hand and Poland and Hungary at the other resembles rather to
political and military alliances than to a dependency status of Moldavia on the international arena.
Stephen the Great, from its part, perceived this kind of relations with the two mentioned neighbors
as „confederacionis pacem" or peace confederations, the submission status of Moldavia pertaining
rather to the phraseology used in the documents and the ritual and ceremony of vassalage-suze¬
rainty relation than to the real state of affairs. On the one hand, one should reiterate also the mutual
character of this type of relations, i.e. its contractual features, obliging both parties to respect certain
conditions and provide help in case of need. One should also mention that according to the avai¬
lable sources, the assertion that Stephen the Great did "surrender" Principality of Moldavia to the
Ottoman Porte is too simplistic. It is true that he was the first Moldavian prince to be confirmed as a
ruler of Moldavia by the Ottomans and he continued as his predecessor
Petru
Aron
to pay the tribute
to them, but I think that during Stephen the Great the significance of the tribute paid to Ottomans
changed. From a price paid for peace with the Porte, it became rather a strategy to get protection
from Istanbul.
Conclusions
There are several conclusions one can make after examining the issue of the international legal
status of the Principality of Moldavia from the mid 14th century to early 16th century. According
to both primary historical sources and historiography on the subject, before the establishment of
the Hungarian military „mark" in the Eastern Carpathians area called
„terre nostre
Moldauane",
there were several other local
proto-state
formations. The latter were usually designated with
the name Wallachia, translated in Romanian, according to Cantemir „as Romanian country
(Ţara
RomâneascănCantemir
1999,
1,
271).
There are no data confirming the fact that before the mid 14th
century there existed a country called
Ţara Moldovei
(Country of Moldavia). The name Moldavia is a
late phenomenon that emerged probably after the coming of the Saxons
(Saşi,
plural in Romanian) in
the territories East of Carpathian Mountains.
The assumptions put forward by some historians and based on some Arab sources that before the
creation of Moldavia as an independent state there was a country called Ruso-Wlachia with mixed
„Wlach and Russian population" (the proportion being presumably fifty to fifty) does not resist to a
closer scrutiny. It is not clear how Arab authors that did not have a very good knowledge of the area
could give such an estimate of the ethnic composition of Moldavia at that time, giving the fact other
foreign authors more familiar with the area do not mention about that at all. Moreover, after the
creation of Moldavian independent principality, the term that is still employed by foreign authors is
that of Wallachia, while local political leaders use this denomination only very rarely.
In what concerns the local inhabitants, primary historical sources indicate that they were Wlachs,
Wallachs, Wollochs
(vlahi, valahi, volohi).
At the same time, they were self identifying as Romanians
(Români).
The first sources attesting to this self identification have been discovered recently and the
first ones are written in mid 14th century. At the same time, in the Principality of Moldavia, usually
the
boyars
were those identifying as Moldavians
(moldoveni),
while other inhabitants of the country
were referred to with other denominations. According to a document issued during the reign of
Stephen the Great, the inhabitants of Moldavia "those that stay and live freely in our country" are
named
Wallachs
(volohi), i.e those that lived in accordance with the customary law, called Romanian
or Wallachian law
(dreptul voloh
or
dreptul românesc).
This law was common to all Romanians, no
matter were they lived, in the north of Danube or in the south.
As for the year Moldavia has been founded
(descălecată)
by
Dragos,
only a few latter sources are
referring to
1359.
More exactly, it is about the Anonymous Chronicle of Moldavia or the Chronicle of
Bistriţa,
written in several parts during the reign of Stephen the Great as well as Chronicle of
Putna
-185-
Ion Eremia
no.
1
and no.
2,
written in the reign of
Ştefăniţă
(1517-1527)
and Serbo-Moldavian Chronicle dated
after
1512.
There is also another chronicle indicating the year
1359
that refers to the fact that
Dragos
asked Hungarian King Vladislav for permission to transfer from
Maramureş
to East Carpathian area.
Since it is sure that in
1359
Hungarian King was
Ludovic,
not Vladislav, one can doubt seriously other
information contained in this chronicle, including the one referring to the creation of Moldavia.
Another chronicle called Moldo-Polish one, written around
1564-1565
in Polish in Jassy, is mentio¬
ning even an earlier year when
Dragos
started his reign in Moldavia
-1352.
Finally, one can conclude
that there is no solid documentary proof to accept the year
1359
as the year when Moldavia was
established. Documentary sources issued by the chancellery of
Ludovic
I are mentioning precisely
that in March
1360
Hungarian King was awarding to
Dragos
from
Giuleşti
several Romanian villages
for his merits in suppressing a rebellion of Romanians in the "country" of Moldavia. This event took
place, according to the majority of historians, in previous years, more probably in
1359.
The same
document is mentioning that the same
Dragos
returned to the named country under the authority
of Hungarian King. Therefore, the idea that Moldavia has been created in
1359
had no documentary
and logical basis.
There no historical sources available at the moment testifying to the fact that
Bogdan
did cross the
mountains and established himself in Moldavia in
1359.
Quite the contrary, according to the almost
unanimously accepted conclusions made by Jassy historian
Ştefan S.Gorovei,
in June
1360
Bogdan
was still in
Maramureş
and his moving to the east of Carpathians took place latter, around
1363-1364.
The initial core territory of the Principality of Moldavia was located in the Valley of Moldova River.
Before the Hungarian conquest there existed a small territorial formation, a union of local communi¬
ties, a "country", which further evolution has been hindered by the establishment of the Hungarian
King's authority. There is no doubt that Hungarian administration "modernized" local institutions
through its royal representatives, but this endeavor was aiming at optimizing the exploitation of this
region and not at creating a new state. It was namely
Bogdan
who, supported by the local elements,
succeeded to impose the withdrawal of Hungarian administration and start building a new state,
Moldavia. The act issued on the 2nd of February
1365
by Hungarian crown recognized this new reality
and this signifies
defacto
and
de
jure recognition of an independent state.
As one can notice, on its way to independence, medieval Moldavia experienced a long way from a
simple territorial formation, passing to a Hungarian military „mark" and ending at its own statehood.
The present day territory of the Republic of Moldova has been till around
1368-1369
under the
effective control of Golden Horde and thus in the initial phase of the establishment of Moldavia by
Bogdan
I it was not participating in this process. There are data that in these territories between Prut
and Dniester Rivers there existed local territorial formations, unions of local communities, but no one
succeeded to evolve up to the level of a full-fledged state. On the contrary, they have been absorbed
by the newly created state, Principality of Moldavia, only after the forceful withdrawal of Tartars,
most probably around
1375-1381.
Principality of Moldavia experienced the phenomenon of vassalage toward its Christian neighbors
-
Hungarian and Polish
-
in a formal manner, a nominal one. It was a type of vassalage which can
be defined as external one, because the suzerain authority never extended to internal affairs of
Moldavia. In other words, this relation of vassalage-suzerainty had rather a character of politico-
military order, limiting itself to the fighting against common external enemies. Very often the signing
parts did not respect their obligations, these acts being in effect for short periods of time. Thus, one
cannot conclude from this kind of agreements that Moldavia was under Hungarian or Polish suze¬
rainty on a permanent basis.
These acts signed by Moldavian princes according to which they recognized the Kings of Poland
or Hungary as their suzerains were in conformity with the existing international legal practices, and
should be perceived as alliances between a weak state and a stronger one. Despite the termino¬
logy employed in these documents, there is no reason to consider that the independence status of
Moldavia was affected. For instance, the acts signed in July-August
1475
attests to the fact the phra-
-186-
Statutul juridic internaţional al Ţării Moldovei
seology
employed played the role of a ritual to be respected, according to which the Hungarian King
was recognized as the "master" of the Moldavian Prince. In reality, these acts attests that the
négoci¬
ations
took place as between equal parts, the Hungarian King using referring to his Kingdom as
„regno
.
nostra"
and
„regno
ejus" to his counterpart, Moldavian one. This testimonies that this language
was referring to the recognition of the international status of Moldavia and Prince of Moldavia as
"master" in his country.
The international legal status of the Principality of Moldavia could be understood better in the
light of the comparison with the Great Duchy of Lithuania and its personal union with Poland in the
end of the 14th century. Lithuanian historians have demonstrated that Lublin Union did not liqui¬
dated judicial status of both states, Poland and Lithuania, which remained both subjects of internati¬
onal law. The same is true in the case of Moldavia.
The Ottoman factor, perceived as King for Christians after
1453,
brutal and aggressive, was not
willing to accept international practices of the European states. Nevertheless, the Imposition of the
tribute by Ottomans on Moldavia did not change the international status of the latter. The country
was not „subjected", the Prince did not become vassal of the Sultan, the Sultan did not become the
suzerain of Moldavia. Paying the tribute was nothing but „buying peace" from the Porte. The only
legitimate suzerain of Moldavia, recognized both by the Prince and
boyars
in the same year
1456
when the tribute was imposed, remained the Polish King.
The hypothesis that Stephen the Great was subjected to the Porte by responding positively to
their plea to attack
Chilia
in
1462
is not very convincing. Stephen rather wanted to use this occasion
for returning back that important port on the mouth of Danube, lost in
1448
by his predecessor.
By paying the tribute to Ottomans since
1456
up to the early 15th century, the international status
of Moldavia was not affected. If that was true, how Moldavia could sign Peace Treaties with the
Porte in
1479-1481
and
1486,
as well as with Poland, Hungary and the
Cháñate
of Crimeea? There
is no basis for considering that Stephen's the Great Moldavia was under the „protectorate" of the
Ottoman Empire. Stephen the Great just paid the tribute and this did not mean that he was „their
man". The numerous wars fought by the greatest Moldavian Prince testimonies better in support of
this conclusion. In the same context, one should mention that vassal dependency toward Ottoman
Empire and Hungarian Kingdom, as expressed by the Ottoman-Hungarian Treaty of
1503
did not
exclude Moldavia from the category of recognized subjects of the international law as it has been
understood in the Middle Ages.
One should notice also that an effective "submission" of Moldavia
(închinare,
as used by Grigore
Ureche
and Dimitrie Cantemir) in the sense Moldavian Prince recognized the supremacy of the Sultan,
either as suzerain or protector did not take place until the death of Stephen the Great. I think that
this kind of submission should be identified somewhere else, in any case after the reign of Stephen
the Great.
I would like to end my conclusions here with a saying from Dimitrie Cantemir: "if I made errors
beyond the expectations of the reader, please correct them and receive my apologies".
-187- |
| any_adam_object | 1 |
| author | Eremia, Ion |
| author_facet | Eremia, Ion |
| author_role | aut |
| author_sort | Eremia, Ion |
| author_variant | i e ie |
| building | Verbundindex |
| bvnumber | BV036696687 |
| ctrlnum | (OCoLC)705876276 (DE-599)BVBBV036696687 |
| era | Geschichte gnd |
| era_facet | Geschichte |
| format | Book |
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| geographic | Moldau Fürstentum (DE-588)4039965-5 gnd Ungarn (DE-588)4078541-5 gnd |
| geographic_facet | Moldau Fürstentum Ungarn |
| id | DE-604.BV036696687 |
| illustrated | Not Illustrated |
| indexdate | 2025-03-11T17:02:37Z |
| institution | BVB |
| isbn | 9789975511407 |
| language | Romanian |
| oai_aleph_id | oai:aleph.bib-bvb.de:BVB01-020615212 |
| oclc_num | 705876276 |
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| physical | 216 S. |
| publishDate | 2010 |
| publishDateSearch | 2010 |
| publishDateSort | 2010 |
| publisher | Pontos |
| record_format | marc |
| series | Istorii şi documente |
| series2 | Istorii şi documente : Monografii |
| spelling | Eremia, Ion Verfasser aut Statutul juridic internaţional al Ţării Moldovei (de la origini până la începutul secolului al XVI-lea] Ion Eremia Chişinău Pontos 2010 216 S. txt rdacontent n rdamedia nc rdacarrier Istorii şi documente : Monografii 2 Zsfassung in engl. Sprache Geschichte gnd rswk-swf Rechtsstellung (DE-588)4134078-4 gnd rswk-swf Moldau Fürstentum (DE-588)4039965-5 gnd rswk-swf Ungarn (DE-588)4078541-5 gnd rswk-swf Ungarn (DE-588)4078541-5 g Moldau Fürstentum (DE-588)4039965-5 g Rechtsstellung (DE-588)4134078-4 s Geschichte z DE-604 Istorii şi documente Monografii ; 2 (DE-604)BV036696661 2 Digitalisierung BSB Muenchen application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=020615212&sequence=000003&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA Inhaltsverzeichnis Digitalisierung BSB Muenchen application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=020615212&sequence=000004&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA Abstract |
| spellingShingle | Eremia, Ion Statutul juridic internaţional al Ţării Moldovei (de la origini până la începutul secolului al XVI-lea] Istorii şi documente Rechtsstellung (DE-588)4134078-4 gnd |
| subject_GND | (DE-588)4134078-4 (DE-588)4039965-5 (DE-588)4078541-5 |
| title | Statutul juridic internaţional al Ţării Moldovei (de la origini până la începutul secolului al XVI-lea] |
| title_auth | Statutul juridic internaţional al Ţării Moldovei (de la origini până la începutul secolului al XVI-lea] |
| title_exact_search | Statutul juridic internaţional al Ţării Moldovei (de la origini până la începutul secolului al XVI-lea] |
| title_full | Statutul juridic internaţional al Ţării Moldovei (de la origini până la începutul secolului al XVI-lea] Ion Eremia |
| title_fullStr | Statutul juridic internaţional al Ţării Moldovei (de la origini până la începutul secolului al XVI-lea] Ion Eremia |
| title_full_unstemmed | Statutul juridic internaţional al Ţării Moldovei (de la origini până la începutul secolului al XVI-lea] Ion Eremia |
| title_short | Statutul juridic internaţional al Ţării Moldovei |
| title_sort | statutul juridic international al tarii moldovei de la origini pana la inceputul secolului al xvi lea |
| title_sub | (de la origini până la începutul secolului al XVI-lea] |
| topic | Rechtsstellung (DE-588)4134078-4 gnd |
| topic_facet | Rechtsstellung Moldau Fürstentum Ungarn |
| url | http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=020615212&sequence=000003&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=020615212&sequence=000004&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA |
| volume_link | (DE-604)BV036696661 |
| work_keys_str_mv | AT eremiaion statutuljuridicinternationalaltariimoldoveidelaoriginipanalainceputulsecoluluialxvilea |