DOCUMENTS PERTAINING TO THE TREATY NEGOTIATED BETWEEN HETMAN PYLYP ORLYK AND KHAN DEVLET GIREI IN 1710-1711

I. The Puncta Compendiosa (Hetman Pylyp Orlyk’s Proposed Draft of the Treaty with Khan Devlet Girei)¹

I

The Little Russian people and the Zaporozhian Host are to enjoy the permanent protection of his Royal Majesty of Sweden, without any limitations and prejudices to the permanent friend­ship and military alliance with the Crimean realm.

II

A nullification and a subsequent re-confirmation of the articles concluded with Bohdan Khmelnytskyi should take place.²

III

According to this treaty, not only during this war—may its con­clusion be fortunate—but once and for all, fraternity, friendship and military alliance should remain unbroken between the Cri­mean realm and the Little Russian people and there Shouldexista feeling of common defense against all the enemies of both states, of

207 mutual reliance and a strong resolution to agree on what they want and do not want.

IV

The Khan and the entire Crimean realm may not, under any pretext of fraternity, friendship and military alliance, have any pretensions, now or ever, to the subjugation of Ukraine, to the construction of fortresses or to any authority in Ukraine. This, it should be understood, also refers to the Sublime Porte.

V

The Khan and the Crimean realm may not assume authority over the rights and laws of Ukraine and the Zaporozhian Host nor may he [the Khan] break these laws.

VI

The Khan and the Crimean realm may not conclude the war with the Muscovites and come to terms with them without the agreement of the Hetman and the Zaporozhian Host and until the Illustrious [Hetman] removes the [Muscovite] yoke. When this occurs, he [the Khan] may not come to terms and conclude a treaty with the Muscovites without the knowledge and previous approval of the Hetman and the Zaporozhian Host, even if the terms were to bring him great gain.

VII

After the removal of the Muscovite yoke, if, during peacetime, internal disruptions caused by Muscovite influence should occur in Ukraine and if the Hetman should be unable to subdue them, then the Khan and the Crimean realm should, at the first appeal, send aid for the quelling of internal disturbances.

VIII

As long as this war against the common enemy lasts, the Tatars have no right to capture innocent inhabitants of Ukraine or those not opposed to our allied armies. They [the Tatars] may not bum their settlements or rob them under any pretext, be it secretly or openly.

IX

The holy churches not only in Ukraine but also in the Muscovite colonies, commonly called sIobodas_f may not be harmed by Tatars nor may they be exposd to burning or profanity.

X

Whereas the inhabitants of the Muscovite slobodas_f³ who are from Ukraine on this side of the Dnieper [the Left-Bank], have already been tricked so often by Muscovite declarations of unlimited freedom and preservation of [their] rights and have been forced to colonize and inhabit these colonies [where they] were oppressed by a terrible yoke just as we were, therefore, before they are granted a complete guarantee of their liberties by means of our manifestoes, they should, with our mutual consent, take refuge under the pro­tection of our allied armies. If they do not do so, remaining stub­bornly in their places, then it will be necessary to treat them as enemies.

XI

If any difficulty should arise during the occupation of the Musco­vite slobodas and during their incorporation into Ukraine, be it by force of arms or by conclusion of treaties, then the inhabitants of these settlements, that is, our people, will be forced to abandon these areas and move to Ukraine on this side of the Dnieper.

XII

The borders of our fatherland on both sides of the Dnieper will be maintained by the Sublime Porte as well as by the Khan and the Crimean realm according to ancient stipulations.

XIII

After the military destruction or the occupation of the Muscovite fortifications at Kamianyi Zaton on the Dnieper and of those forti­fications built on the lands of the Zaporozhian Host, these vacant areas will remain in the possession of the same [Zaporozhian Host] and neither the Tatars nor the Turks may take possession of them.

XIV

The famous Dnieper, from the mouth of the Boh River to the Black Sea, and from Ochakiv to the SamaraRiver, including other tributaries and adjoining settlements, will belong, according to ancient custom, laws and privileges, to the Cossacks of the Lower Zaporozhian Host without any prejudicial intervention. Neither Turks nor Tatars should raise any pretensions to its possession, exploitation or to the establishment of colonies and construction of fortifications in these lands.

XV

Whether Ukraine be at war or at peace, the Khan and the Crimean realm may never lay claim to the arbitrary punishment of Cossacks who are guilty of crimes. These [Cossacks] should be handed over to the [Zaporozhian Host’s] military court as stipulated by their laws.

XVI

In military affairs there should be a commonly prepared plan of action between His Serene Majesty, the Khan, and the Illustrious Hetman or their deputies.

XVII

As a precaution, the Khan should put at the Hetman’s disposal and for his protection, a certain number of Tatar troops who will remain continuously at his side until the conclusion of the war.

XVIII

Ukrainian merchants should not be exposed to any great exac­tions in the Crimean realm. They should pay a toll equal to that of Tatars and Turks.

XIX

After the conclusion of the war with the Muscovites (may it be successful!) the Khan will be responsible, together with the friendly cooperation and participation of the Royal Majesty of Sweden, for the arrangement and conclusion of a treaty with the Muscovites so that they will never raise any pretensions to the possession of Ukraine.

XX

The Don Cossacks are to join the Ukrainian Cossacks and accept the authority of the Hetman. They are to have equal rights and privileges as to laws and liberties as the descendants of the same people. Such a union will be proposed by the Don Cossacks them­selves through their envoys and in writing, so that there will be one shepherd and one flock.

XXI

The Hetman of Ukraine and of the Zaporozhian Host will enjoy, both in his country and in other countries, the prerogatives of the Hetman’s authority, without any limitations or prejudice from the Khan or the Crimean realm.

XXII

Traitors, disturbers of internal peace, assailants on the life of the Hetman who flee to the Crimea should be extradited.

XXIII

In order that the free election of the Hetmans be preserved in the Zaporozhian Host and among the Ruthenian people, neither the Khan nor the Crimean realm may, by any means, attempt to remove the Hetman.

His Royal Majesty of Sweden was informed of these points in the month of December in the year 1710.

II. The Pacta Conventa (The Treaty Concluded Between the Cri­mean Realm and the Zaporozhian Host and the Little Russian People)⁴

May unending praise be given to the worshipful God, the creator of all, who praised constancy and perseverance in the maintenance of laws and agreements and then confirmed this through his mes­sengers. At the same time let there be thanks and honor given to His Holy Apostles, Muhammad, Ahmed and Mahmud. Muhammad destroyed those who do not abide by treaties and strengthened through irreversible law the contents of treaties. Simultaneously, God prepared paradise for all the friends and companions of Mu­hammad who distinguished themselves before the Prophet in the maintenance and obedience to treaties—rising above the others as if they were ascending a mountain.

We proclaim—in a region stretching far and wide, throughout the limits of our Lord’s realm [which compromises] the Tatars of the Crimea and Perekop, the Great and Little Nogais, and of the Circassian Mountains, and to the knowledge of the forty thousand Kazan Tatars whom that Lord wrested from under the rule of the Kalmuks with the sword and to the realm of the Great Nogai, to the Most Powerful and Felicitous Great Khan, the Lord Devlet Girei (May God preserve him and his realm) as well as to the Khan’s royal court—that envoys arrived with the agreement of the entire Host and its leaders and brought letters from the Most Illustrious Hetman of the Ukrainian and Zaporozhian Cossacks and from the koshoυyi, the Honorable Konstantyn Hordienko. They are the Honorable Dmytro Horlenko, the colonel of Pryluky, Klym Dov- hopalyi, the Procurator-General and Ivan Maksymovych, the Notary-General. The contents of the letter which they presented verbally are: Formerly, in the time of Khmelnytskyi, the Ukrainian and Zaporozhian Cossacks, concluded a treaty of friendship, fra­ternity and union with the Crimeans from which they realized great gains. Now the Ukrainian and Zaporozhian Cossacks again wish to unite with the Crimeans and acknowledge them as friends, brothers and comrades. Whereas the Muscovite is our enemy [and] has done us much harm then obviously the interests of these two peoples demand that they unite and recoup the losses suffered due to the hostile Muscovite and his oppressions. Therefore we wish that the treaties and agreements concluded with Hetman Khmel­nytskyi should again be confirmed and a treaty should be renewed on this basis.

The terms [which the Cossacks proposed] are: First, under no pretext may any harm be done to the Cossacks, to their families and their properties by the Tatars. They should be allowed to live in peace. According to ancient custom, they should have freedom to elect whomever they may wish as their leader and to constitute [their] leadership.

Furthermore, when the Most Illustrious and Powerful Great Khan should wish to write a letter to the Mostlllustrious Hetman, let him continue, according to ancient custom, to use such terms as he had previously used with Hetman Khmelnytskyi. Let [the Cos­sacks] keep their residences, habitations and salt-works and let them have the right to fish and hunt in their traditional places.

Let them have guarantees as to the freedom to practice their religious rites and let no harm be done to their churches and chapels. In short, let it [Ukraine] be a free province and they [the Cossacks] a free people. In general, let them be enemies of all the Khan’s and the Crimean realm’s enemies and friends of all their friends. When necessity should demand it, they should supply the Crimea with reinforcements and help. When, with the help of God’s grace, together we should drive out and weaken the enemy so that he will sue for peace then, just as we were together in the beginning and during the war, so we should also be inseparable when the time comes to sign the peace, so that the plans of both peoples may be fulfilled. We wish that on the strength of these pacts, the Crimean Khan, his dignitaries and the entire Crimean people live in peace with their friends and brothers until the end of time and that they should never separate from them. We request that the reinforced and durable terms be arranged in this matter by both sides and that they be announced publicly.

When the envoys cited above presented these terms and fulfilled the duties of their embassy, the leaders, dignitaries and mιrzas gathered in separate places and commenced their counsels. Every­one who was wise acknowledged this treaty as proper and drawn up with the aid of God.

We [the Tatars] also sanction this treaty and promise that in the future we will not cause any harm to the Ukrainian and Zaporozhi- an Cossacks, or to their families and their property. We wish to be the friends of their friends, the enemies of their enemies and [to act] in time of difficulty as readily available reinforcements. We do not wish to interfere in any way in the election of the Hetman and the dignitaries. We do not wish, for whatever reason, to be troublesome to their provinces, people, boundaries, lands, salt-works, fishing and hunting grounds. We also intend to maintain the same rela­tions with them as with their ancestors, regardless of what some leaders or men among [our] people might do. Let the roads stay open for the merchants of both peoples and, as in the past, let normal tolls be taken from them. If the need should arise, then let the treaty with Khmelnytskyi again take effect. When, with the will of God, the Muscovite enemy will be expelled, weakened and forced to sue for peace, then, just as we were united and allied in time of war by a treaty so also in time of peace we will be inseparable and promise that we will not separate until the last day of our lives.

As confirmation of these terms and treaties we delivered this letter, provided with a seal, to them. Hoping in the Most Merciful God [we stated] that as long as this treaty will not be violated by them, so long, from day to day, our respect for these treaties will grow and we will enjoy mutual friendship.

Given on the Dnieper River, in the year of Mohammad 1122, on the 5th day of Zilhicce.

Devlet Shah Mirza Ahmet Shah Mirza Ahmet Shah

Ali Shah Mirza Shirin Mustafa Mirza Shirin Hasan Betmur Mirza Tuhmismir Segud Murad Shah Mirza Shirin Elchagi Kalga Shirin Mehmet Sahmir Mankat Mubarek Mirza Mansur

Elchagi Husein

Hasan Mirza Mansur

Kaplan Mirza Shirin

Sultan Shahmersay Mansur Sefershah Bey

Chagi Artimur Mirza Bazdag Husein Aga Bordaz

Hagis Mirza Kipei

Adil Mirza Taygam

Elchagi Husein

Hasan Mirza Mansur⁵