Capitulations of the Ottoman Empire
Encyclopedia
Capitulations of the Ottoman Empire were contracts between the Ottoman Empire
and Europe
an powers, particularly France
. Turkish capitulation
s, or ahdname
s, were generally bilateral acts whereby definite arrangements were entered into by each contracting party towards the other, not mere concessions.
The Turkish Capitulations were grants made by successive Sultans
to Christian nation
s, conferring rights and privileges in favor of their subjects resident or trading in the Ottoman dominions, following the policy towards European states of the Byzantine Empire
.
in Cairo
in 1500, during the rule of Louis XII, in which the Sultan of Egypt had made concessions to the French and the Catalans. This treaty was upheld by the Ottoman Empire when the later captured the Mamluk Sultanate in 1517, following the Ottoman–Mamluk War (1516–1517)
.
Francis I
was the first king of France who sought an alliance with the Ottoman Empire, leading to a Franco-Ottoman alliance
. To this he was urged, not by the Crusading spirit but entirely by the desire to break in Europe the dominating power of the imperial Habsburg House of Austria. By compelling Austria to use its forces for defence against the Turks in the East, he hoped to weaken it and render it unable to increase or even maintain its power in the West.
Other French kings down to Louis XV followed the same policy, which, whatever criticism it merits, was favourable to Christianity in the Levant; by zealously defending Christian interests at the Porte, they hoped to excuse their alliance with infidels, which was a source of scandal even in France. As early as 1528, Francis I had appealed to Suleiman the Magnificent
to restore to the Christians of Jerusalem a church which the Turks had converted into a mosque. The Sultan refused on the grounds that his religion would not permit alteration of the purpose of a mosque, but he promised to maintain the Christians in possession of all the other places occupied by them and to defend them against all oppression.
However, religion was not the object of a formal convention between France and the Ottoman Empire prior to 1604, when Henry IV of France
secured from Ahmad I the insertion, in the capitulations of 20 May, of two clauses relative to the protection of pilgrims and of the religious in charge of the church of the Holy Sepulchre. The following are the relevant clauses of the treaty: "Article IV. We also desire and command that the subjects of the said Emperor [sic] of France, and those of the princes who are his friends and allies, may be free to visit the Holy Places of Jerusalem, and no one shall attempt to prevent them nor do them injury"; "Article V. Moreover, for the honour and friendship of this Emperor, we desire that the religious living in Jerusalem and serving the church of Comane [the Resurrection] may dwell there, come and go without let or hindrance, and be well received, protected, assisted, and helped in consideration of the above."
It is noteworthy that the same advantages are stipulated for the French and for the friends and allies of France, but for the latter in consideration of, and at the recommendation of France.
The result of this friendship was the development of the Catholic missions, which began to flourish through the assistance of Henry IV Bourbon and his son Louis XIII Bourbon and through the zeal of the French missionaries. Before the middle of the seventeenth century, various religious orders (Capuchin
, Carmelite, Dominican
, Franciscan
and Jesuit) were established, as chaplain
s of the French ambassador
s and consul
s, in major Ottoman cities (Istanbul, Alexandria, Smyrna, Aleppo, Damascus etc.), Lebanon and the islands of the Aegean Archipelago. They assembled the Catholics to instruct and confirm them in the Catholic faith, established schools which were open to children of all Christian rites, worked to improve the conditions of Christians in Turkish prisons, and nursed the sick.
During the reign of Louis XIV, the missionaries multiplied and extended the field of their activities. Due to his support, the often precarious tolerance on which the existence of the missions had depended, was officially recognized in 1673 when on 5 June, Mehmed IV
not only confirmed the earlier capitulations guaranteeing the safety of pilgrims and the religious guardians of the Holy Sepulchre, but signed four new articles, all beneficial to the missionaries. The first decreed in a general manner "that all bishops or other religious of the Latin sect [cfr. Millet (Ottoman Empire)
] who are subjects of France, whatever their condition, shall be throughout our empire as they have been hitherto, and [may] there perform their functions, and no one shall trouble or hinder them"; the others secure the tranquil possession of their churches, explicitly to the Jesuits and Capuchins, and in general "to the French at Smyrna, Saïd, Alexandria, and in all other ports of the Ottoman Empire".
The reign of Louis XIV marked the apogee of the French Protectorate
in the East, for not only the Latin missionaries of all nationalities, but also the heads of all Catholic communities, regardless of rite or nationality, appealed to the Grand Roi, and at the recommendation of his ambassadors and consuls to the Porte and the pasha
s, obtained protection from their enemies. Though the missionaries were sometimes on such amicable terms with the non-Catholic clergy that the latter authorized them to preach in their churches, relations between the various Christian churches were usually very strained. On several occasions the Greek and Armenian non-uniate patriarch
s, displeased at seeing a great portion of their flocks abandon them for the Roman priests, persuaded the Turkish Government on various pretexts to forbid all proselytization by the latter, but representatives of Louis XIV successfully opposed this ill-will.
At the beginning of the reign of Louis XV the preponderance of French influence with the Porte was also manifested in the authority granted the Franciscans, who were protégés of France, to repair the dome of the Holy Sepulchre; this meant the recognition of their right of proprietorship in the Holy Sepulchre as superior to the claims of the Greeks and the Armenians.
In 1723 the Eastern patriarchs succeeded in obtaining from the Sultan a firman (decree) forbidding his Christian subjects to embrace the Roman religion, and prohibiting Latin religious from having any communication with the Greeks, Armenians and Syrians on the pretext of instructing them. French diplomacy sought, long in vain, to have this measure revoked. At last, as a reward for the services rendered to Turkey during its wars with Russia and Austria (1736-9), the French succeeded in 1740 in securing the renewal of the capitulations, with additions which explicitly confirmed the right of the French Protectorate, and at least implicitly guaranteed the liberty of the Catholic apostolate. By the eighty-seventh of the articles signed on 28 May 1740, Sultan Mahmud I
declared: "... The bishops and religious subject to the Emperor of France living in my empire shall be protected while they confine themselves to the exercise of their office, and no one may prevent them from practising their rite according to their custom in the churches in their possession, as well as in the other places they inhabit; and, when our tributary subjects and the French hold intercourse for purposes of selling, buying, and other business, no one may molest them for this sake in violation of the sacred laws."
In subsequent treaties between France and Turkey, the capitulations were not repeated verbatim, but they are recalled and confirmed (e. g. in 1802 and 1838). The various regimes which succeeded the monarchy of St. Louis
and of Louis XIV all maintained in law, and in fact, the ancient privilege of France in the protection of the missionaries and Christian communities of the Orient. The expedition in 1860 sent by Emperor Napoleon III to put a stop to the massacre of the Maronites
was in harmony with the ancient rôle of France, and would have been more so if its work of justice had been more complete. The ultimate decline of the French Protectorate in the Levant will be treated below.
phrase was ahid nameh, whereas a "treaty" was mouahed. The latter did, and the former did not, signify a reciprocal engagement.
According to Capitulations, and treaties confirmatory of them, made between the Porte and other states, foreigners resident in Turkey were subject to the laws of their respective countries, i.e., the various non-Muslim
peoples were allowed their semi-autonomy in matters affecting their personal status.
Thus, although the Turkish capitulations were not in themselves treaties, yet by subsequent confirmation they acquired the force of commercial durable instead of personal nature; the conversion of permissive into perfect rights; questions as to contraband and neutral trade stated in definite terms.
(1923), specifically by Article 28:
Capitulations in Egypt
ended in 1949 as stipulated in the Montreux Convention Regarding the Abolition of the Capitulations in Egypt
in 1937.
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
and Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
an powers, particularly France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
. Turkish capitulation
Capitulation (treaty)
A capitulation , or ahidnâme, is a treaty or unilateral contract by which a sovereign state relinquishes jurisdiction within its borders over the subjects of a foreign state...
s, or ahdname
Ahdname
An Ahdname or ahidnâme is a type of Ottoman charter commonly referred to as a capitulation. During the early modern period, the Ottoman Empire called it an Ahidname-i-Humayun or an imperial pledge and the Ahdname functioned as an official agreement between the Empire and various European...
s, were generally bilateral acts whereby definite arrangements were entered into by each contracting party towards the other, not mere concessions.
The Turkish Capitulations were grants made by successive Sultans
Ottoman Dynasty
The Ottoman Dynasty ruled the Ottoman Empire from 1299 to 1922, beginning with Osman I , though the dynasty was not proclaimed until Orhan Bey declared himself sultan...
to Christian nation
Christendom
Christendom, or the Christian world, has several meanings. In a cultural sense it refers to the worldwide community of Christians, adherents of Christianity...
s, conferring rights and privileges in favor of their subjects resident or trading in the Ottoman dominions, following the policy towards European states of the Byzantine Empire
Byzantine Empire
The Byzantine Empire was the Eastern Roman Empire during the periods of Late Antiquity and the Middle Ages, centred on the capital of Constantinople. Known simply as the Roman Empire or Romania to its inhabitants and neighbours, the Empire was the direct continuation of the Ancient Roman State...
.
History
France had already signed a first treaty or Capitulations with the Mamluk SultanateMamluk Sultanate (Cairo)
The Mamluk Sultanate of Egypt was the final independent Egyptian state prior to the establishment of the Muhammad Ali Dynasty in 1805. It lasted from the overthrow of the Ayyubid Dynasty until the Ottoman conquest of Egypt in 1517. The sultanate's ruling caste was composed of Mamluks, Arabised...
in Cairo
Cairo
Cairo , is the capital of Egypt and the largest city in the Arab world and Africa, and the 16th largest metropolitan area in the world. Nicknamed "The City of a Thousand Minarets" for its preponderance of Islamic architecture, Cairo has long been a centre of the region's political and cultural life...
in 1500, during the rule of Louis XII, in which the Sultan of Egypt had made concessions to the French and the Catalans. This treaty was upheld by the Ottoman Empire when the later captured the Mamluk Sultanate in 1517, following the Ottoman–Mamluk War (1516–1517)
Ottoman–Mamluk War (1516–1517)
The Ottoman–Mamluk War of 1516–1517 was a conflict between the Egyptian Mamluk Sultanate and the Ottoman Empire, which led to the fall of the Mamluk Sultanate and the incorporation of Syria, Egypt and the Arabian Peninsula as provinces of the Ottoman Empire...
.
Francis I
Francis I of France
Francis I was King of France from 1515 until his death. During his reign, huge cultural changes took place in France and he has been called France's original Renaissance monarch...
was the first king of France who sought an alliance with the Ottoman Empire, leading to a Franco-Ottoman alliance
Franco-Ottoman alliance
The Franco-Ottoman alliance, also Franco-Turkish alliance, was an alliance established in 1536 between the king of France Francis I and the Turkish ruler of the Ottoman Empire Suleiman the Magnificent. The alliance has been called "the first non-ideological diplomatic alliance of its kind between a...
. To this he was urged, not by the Crusading spirit but entirely by the desire to break in Europe the dominating power of the imperial Habsburg House of Austria. By compelling Austria to use its forces for defence against the Turks in the East, he hoped to weaken it and render it unable to increase or even maintain its power in the West.
Other French kings down to Louis XV followed the same policy, which, whatever criticism it merits, was favourable to Christianity in the Levant; by zealously defending Christian interests at the Porte, they hoped to excuse their alliance with infidels, which was a source of scandal even in France. As early as 1528, Francis I had appealed to Suleiman the Magnificent
Suleiman the Magnificent
Suleiman I was the tenth and longest-reigning Sultan of the Ottoman Empire, from 1520 to his death in 1566. He is known in the West as Suleiman the Magnificent and in the East, as "The Lawgiver" , for his complete reconstruction of the Ottoman legal system...
to restore to the Christians of Jerusalem a church which the Turks had converted into a mosque. The Sultan refused on the grounds that his religion would not permit alteration of the purpose of a mosque, but he promised to maintain the Christians in possession of all the other places occupied by them and to defend them against all oppression.
However, religion was not the object of a formal convention between France and the Ottoman Empire prior to 1604, when Henry IV of France
Henry IV of France
Henry IV , Henri-Quatre, was King of France from 1589 to 1610 and King of Navarre from 1572 to 1610. He was the first monarch of the Bourbon branch of the Capetian dynasty in France....
secured from Ahmad I the insertion, in the capitulations of 20 May, of two clauses relative to the protection of pilgrims and of the religious in charge of the church of the Holy Sepulchre. The following are the relevant clauses of the treaty: "Article IV. We also desire and command that the subjects of the said Emperor [sic] of France, and those of the princes who are his friends and allies, may be free to visit the Holy Places of Jerusalem, and no one shall attempt to prevent them nor do them injury"; "Article V. Moreover, for the honour and friendship of this Emperor, we desire that the religious living in Jerusalem and serving the church of Comane [the Resurrection] may dwell there, come and go without let or hindrance, and be well received, protected, assisted, and helped in consideration of the above."
It is noteworthy that the same advantages are stipulated for the French and for the friends and allies of France, but for the latter in consideration of, and at the recommendation of France.
The result of this friendship was the development of the Catholic missions, which began to flourish through the assistance of Henry IV Bourbon and his son Louis XIII Bourbon and through the zeal of the French missionaries. Before the middle of the seventeenth century, various religious orders (Capuchin
Order of Friars Minor Capuchin
The Order of Friars Minor Capuchin is an Order of friars in the Catholic Church, among the chief offshoots of the Franciscans. The worldwide head of the Order, called the Minister General, is currently Father Mauro Jöhri.-Origins :...
, Carmelite, Dominican
Dominican Order
The Order of Preachers , after the 15th century more commonly known as the Dominican Order or Dominicans, is a Catholic religious order founded by Saint Dominic and approved by Pope Honorius III on 22 December 1216 in France...
, Franciscan
Franciscan
Most Franciscans are members of Roman Catholic religious orders founded by Saint Francis of Assisi. Besides Roman Catholic communities, there are also Old Catholic, Anglican, Lutheran, ecumenical and Non-denominational Franciscan communities....
and Jesuit) were established, as chaplain
Chaplain
Traditionally, a chaplain is a minister in a specialized setting such as a priest, pastor, rabbi, or imam or lay representative of a religion attached to a secular institution such as a hospital, prison, military unit, police department, university, or private chapel...
s of the French ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
s and consul
Consul (representative)
The political title Consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the peoples of the two countries...
s, in major Ottoman cities (Istanbul, Alexandria, Smyrna, Aleppo, Damascus etc.), Lebanon and the islands of the Aegean Archipelago. They assembled the Catholics to instruct and confirm them in the Catholic faith, established schools which were open to children of all Christian rites, worked to improve the conditions of Christians in Turkish prisons, and nursed the sick.
During the reign of Louis XIV, the missionaries multiplied and extended the field of their activities. Due to his support, the often precarious tolerance on which the existence of the missions had depended, was officially recognized in 1673 when on 5 June, Mehmed IV
Mehmed IV
Mehmed IV Modern Turkish Mehmet was the Sultan of the Ottoman Empire from 1648 to 1687...
not only confirmed the earlier capitulations guaranteeing the safety of pilgrims and the religious guardians of the Holy Sepulchre, but signed four new articles, all beneficial to the missionaries. The first decreed in a general manner "that all bishops or other religious of the Latin sect [cfr. Millet (Ottoman Empire)
Millet (Ottoman Empire)
Millet is a term for the confessional communities in the Ottoman Empire. It refers to the separate legal courts pertaining to "personal law" under which communities were allowed to rule themselves under their own system...
] who are subjects of France, whatever their condition, shall be throughout our empire as they have been hitherto, and [may] there perform their functions, and no one shall trouble or hinder them"; the others secure the tranquil possession of their churches, explicitly to the Jesuits and Capuchins, and in general "to the French at Smyrna, Saïd, Alexandria, and in all other ports of the Ottoman Empire".
The reign of Louis XIV marked the apogee of the French Protectorate
Protectorate of missions
Protectorate of Missions is a term for the right of protection exercised by a Christian power in an 'infidel' country with regard to the persons and establishments of the missionaries...
in the East, for not only the Latin missionaries of all nationalities, but also the heads of all Catholic communities, regardless of rite or nationality, appealed to the Grand Roi, and at the recommendation of his ambassadors and consuls to the Porte and the pasha
Pasha
Pasha or pascha, formerly bashaw, was a high rank in the Ottoman Empire political system, typically granted to governors, generals and dignitaries. As an honorary title, Pasha, in one of its various ranks, is equivalent to the British title of Lord, and was also one of the highest titles in...
s, obtained protection from their enemies. Though the missionaries were sometimes on such amicable terms with the non-Catholic clergy that the latter authorized them to preach in their churches, relations between the various Christian churches were usually very strained. On several occasions the Greek and Armenian non-uniate patriarch
Patriarch
Originally a patriarch was a man who exercised autocratic authority as a pater familias over an extended family. The system of such rule of families by senior males is called patriarchy. This is a Greek word, a compound of πατριά , "lineage, descent", esp...
s, displeased at seeing a great portion of their flocks abandon them for the Roman priests, persuaded the Turkish Government on various pretexts to forbid all proselytization by the latter, but representatives of Louis XIV successfully opposed this ill-will.
At the beginning of the reign of Louis XV the preponderance of French influence with the Porte was also manifested in the authority granted the Franciscans, who were protégés of France, to repair the dome of the Holy Sepulchre; this meant the recognition of their right of proprietorship in the Holy Sepulchre as superior to the claims of the Greeks and the Armenians.
In 1723 the Eastern patriarchs succeeded in obtaining from the Sultan a firman (decree) forbidding his Christian subjects to embrace the Roman religion, and prohibiting Latin religious from having any communication with the Greeks, Armenians and Syrians on the pretext of instructing them. French diplomacy sought, long in vain, to have this measure revoked. At last, as a reward for the services rendered to Turkey during its wars with Russia and Austria (1736-9), the French succeeded in 1740 in securing the renewal of the capitulations, with additions which explicitly confirmed the right of the French Protectorate, and at least implicitly guaranteed the liberty of the Catholic apostolate. By the eighty-seventh of the articles signed on 28 May 1740, Sultan Mahmud I
Mahmud I
Mahmud I , called the Hunchback was the Sultan of the Ottoman Empire from 1730 to 1754.-Biography:...
declared: "... The bishops and religious subject to the Emperor of France living in my empire shall be protected while they confine themselves to the exercise of their office, and no one may prevent them from practising their rite according to their custom in the churches in their possession, as well as in the other places they inhabit; and, when our tributary subjects and the French hold intercourse for purposes of selling, buying, and other business, no one may molest them for this sake in violation of the sacred laws."
In subsequent treaties between France and Turkey, the capitulations were not repeated verbatim, but they are recalled and confirmed (e. g. in 1802 and 1838). The various regimes which succeeded the monarchy of St. Louis
Louis IX of France
Louis IX , commonly Saint Louis, was King of France from 1226 until his death. He was also styled Louis II, Count of Artois from 1226 to 1237. Born at Poissy, near Paris, he was an eighth-generation descendant of Hugh Capet, and thus a member of the House of Capet, and the son of Louis VIII and...
and of Louis XIV all maintained in law, and in fact, the ancient privilege of France in the protection of the missionaries and Christian communities of the Orient. The expedition in 1860 sent by Emperor Napoleon III to put a stop to the massacre of the Maronites
Maronites
Maronites , is an ethnoreligious group in the Middle East that have been historically tied with Lebanon. They derive their name from the Syriac saint Mar Maron whose followers moved to Mount Lebanon from northern Syria establishing the Maronite Church....
was in harmony with the ancient rôle of France, and would have been more so if its work of justice had been more complete. The ultimate decline of the French Protectorate in the Levant will be treated below.
Status
Capitulations signified that which was arranged under distinct headings; the Ottoman TurkishOttoman Turkish language
The Ottoman Turkish language or Ottoman language is the variety of the Turkish language that was used for administrative and literary purposes in the Ottoman Empire. It borrows extensively from Arabic and Persian, and was written in a variant of the Perso-Arabic script...
phrase was ahid nameh, whereas a "treaty" was mouahed. The latter did, and the former did not, signify a reciprocal engagement.
According to Capitulations, and treaties confirmatory of them, made between the Porte and other states, foreigners resident in Turkey were subject to the laws of their respective countries, i.e., the various non-Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
peoples were allowed their semi-autonomy in matters affecting their personal status.
Thus, although the Turkish capitulations were not in themselves treaties, yet by subsequent confirmation they acquired the force of commercial durable instead of personal nature; the conversion of permissive into perfect rights; questions as to contraband and neutral trade stated in definite terms.
Abolition
As far as Turkey is concerned, the capitulations were abolished by the Treaty of LausanneTreaty of Lausanne
The Treaty of Lausanne was a peace treaty signed in Lausanne, Switzerland on 24 July 1923, that settled the Anatolian and East Thracian parts of the partitioning of the Ottoman Empire. The treaty of Lausanne was ratified by the Greek government on 11 February 1924, by the Turkish government on 31...
(1923), specifically by Article 28:
- Each of the High Contracting Parties hereby accepts, in so far as it is concerned, the complete abolition of the Capitulations in Turkey in every respect.
Capitulations in Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
ended in 1949 as stipulated in the Montreux Convention Regarding the Abolition of the Capitulations in Egypt
Montreux Convention Regarding the Abolition of the Capitulations in Egypt
The Montreux Convention Regarding the Abolition of the Capitulations in Egypt was an international convention concluded on May 8, 1937, which led to the abolishing of the extraterritorial legal system for foreigners in Egypt, known as the capitulations...
in 1937.
See also
- French post offices in the Ottoman EmpireFrench post offices in the Ottoman EmpireThe French post offices in the Ottoman Empire were post offices in various cities of the Ottoman Empire run by France between 1812 and 1923. France was one of nine countries that had negotiated "Capitulations" with the Ottomans, various extraterritorial rights in exchange for trade opportunities...
- French post offices in CreteFrench post offices in CreteThe French post offices in Crete were among a collection of post offices maintained by foreign countries during the 1900s in Crete, after Crete had broken away from the Ottoman Empire and before it united with Greece, in 1913....
- Chester concessionChester concessionThe Chester Concession, approved by the congress of the newly founded Republic of Turkey on April 10, 1923, allowed United States development of oil and railways. It was an award of the significant importance and marked the introduction of U.S. capital for the first time on a large scale into the...
- Ottoman Public DebtOttoman public debtThe Ottoman public debt was a term which dated back to 4 August 1854, when the Ottoman Empire first entered into loan contracts with its European creditors shortly after the beginning of the Crimean War. The Empire entered into subsequent loans, partly to finance railway construction and partly to...
and Ottoman Public Debt AdministrationOttoman Public Debt AdministrationThe Ottoman Public Debt Administration , was a European-controlled organization that was established in 1881 to collect the payments which the Ottoman Empire owed to European companies in the Ottoman public debt... - The Mixed Courts of Egypt