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
[673] Busbecq, _Life and Letters_, i. 116-117.
[674] Ricaut, 202.
[675] This description, based on D’Ohsson’s account, may represent
at some points a development later than the time of Suleiman. No
sixteenth-century writer seems to have gone into the organization of the
system in detail. Heidborn, 220 ff., treats with fulness the past and
present judicial system of the Ottoman Empire.
[676] Hammer, _Staatsverwaltung_, 380.
[677] Postel, i. 117.
[678] The _Subashis_ in particular were closely connected with the
administration of justice. Postel, i. 120, says loosely that _Pasha_,
_Kazi_, and _Subashi_ all mean the same thing. Chesneau, 47, says that
the sultan had two judges in every city, a _Kazi_ for civil cases and
a _Subashi_ for criminal cases. This is certainly incorrect, for the
Sacred Law provided for many criminal cases, while _Kanuns_ dealt with
many civil cases. The _Sanjak Beys_ and _Beylerbeys_ held Divans, or
councils, resembling on a lesser scale the sultan’s Divan (Heidborn,
143, note 17); following the analogy of the _Kaziaskers_, the _Kazi_ of
the city in which each such officer resided would sit in his Divan and
decide the cases that came up touching the Sacred Law, and would also
hold independent court at other times. In cities of lesser importance,
the _Kazis_ appear to have been the heads of the restricted municipal
governments (_ibid._, note 16).
[679] A scheme of the higher offices in the judicial system in the early
nineteenth century is given in Hammer’s _Geschichte_, ix. 1-10.
[680] _Kazi_ is the Turkish pronunciation of the Arabic word _kadi_,
judge; _Molla_ is the Turkish form of the Arabic word _maulā_, lord.
[681] Junis Bey (below, p. 265) and Postel, i. 119, state that the
_Kaziaskers_ nominated all _Kazis_. Junis Bey says: “Two _Cadilescher_
talismans, one of Greece and the other of Natolia or Asia, and they each
have revenues of 6 or 7 thousand ducats a year: who are executors of
their law ... it is they who appoint the Kadis or podestas of all the
lands of the Seigneur.” Ramberti (below, p. 247) and Nicolay, 119, say
that the consent of the pashas was necessary also.
[682] Ricaut, 205.
[683] Hammer (as above, p. 216, note 4) gives a list of 39 judges of rank
above the _Kazis_ proper, and 243 _Kazis_ of Rumelia, 280 of Anatolia,
and 34 of Egypt. The total is thus 557 _Kazis_ proper, and 596 judges in
all. In the subsequent list of 247 positions in Rumelia as rearranged
under Mahmûd II, five places in the Crimea are mentioned as seats of
_Kazis in partibus_, but neither list appears to mention any in North
Africa.
[684] Spandugino, 188; Postel, i. 127.
[685] Spandugino, 213; D’Ohsson, vi. 333.
[686] Postel, i. 126. This officer is called by Postel _Mortasi_.
[687] Menavino, 66; Spandugino, 211.
[688] Postel, i. 120, 124; Nicolay, 119. There was no regular
organization of the procedure of appeal; nevertheless it was allowed
(Heidborn, 389).
Public-domain text, read in full here on John Shaqi.
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