The government of the Ottoman Empire in the time of Suleiman the MagnificentLybyer, Albert Howe
History
The government of the Ottoman Empire in the time of Suleiman the Magnificent
Lybyer, Albert Howe
Süleyman I, Sultan of the Turks, 1494 or 1495-1566; Turkey -- Politics and government
The _Naibs_ were in several groups, as judges of villages, lesser judges
of cities, temporary substitutes for higher judges, and the like. They
ordinarily had no salaries, but lived upon fees and irregular earnings.
A group of these were important in the sixteenth century as a kind of
inspectors of public morals. They purchased their places, and lived upon
fines—and sometimes, it is said, upon extortions—from persons who did not
wish their private lives exposed.[684]
Exercising many of the functions of police and market judges, but not
belonging to the _Ulema_, were the _Muhtesibs_, or lieutenants of police,
of the various cities. Accompanied by soldiers and attendants, they
patrolled the streets and inspected the markets, giving special heed to
weights and measures. If they found that the law had been infringed, they
inflicted punishment, whether financial or corporal, on the spot.[685]
By reason of the duty of applying sumptuary regulations, the office was
often lucrative.[686]
In every court a single judge sat, with his clerks and other
subordinates. Cases were presented by the parties concerned, and
decisions were usually rendered immediately and in very concise form.
The judge coöperated with the _Subashi_ of the city, who brought before
the judge persons that were summoned and who executed the sentences
of the judges,[687] an arrangement in which lay a certain likeness to
the ecclesiastical courts of the West, which might condemn, but left
the execution to the secular arm. Appeal went up to judges higher in
the scale, and finally to the grand vizier.[688] Costs and fines were
moderate, and were fixed by _Kanun_;[689] they constituted, however,
a large part of the income of the judges and their subordinates. The
judges were salaried, and some of them had in addition large amounts of
irregular earnings. The judges attended to all the notarial work of the
empire.
The _Subashis_, _Sanjak Beys_, and _Beylerbeys_ had complete jurisdiction
over all members of the Ruling Institution who resided in their
districts, as well as a more or less undefined authority in cases
controlled by _Kanun_, _Adet_, or otherwise outside the sphere of the
Sacred Law.[690] In capital cases they never proceeded to execution
without obtaining the approval of the judge of the city, in order to
have the sanction of the Sacred Law.[691] The decisions of the judges in
criminal cases were regularly submitted to without a murmur, since it was
felt that the judges represented Mohammed, “wore the robe of God,” and
had power of “sovereign sentence.”[692]
Public-domain text, read in full here on John Shaqi.
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