‘I Shall Not Take Their Churches and
Turn Them into Mosques’: The Legal Status of Catholic Churches in Ottoman
Galata as Prescribed by the ‘Ahdnames
Dr. Radu DIPRATU, Institute for
South-East European Studies
Shortly
after conquering the Byzantine capital of Constantinople, Mehmed II issued a
now-famous ‘ahdname or capitulation
to the inhabitants of Galata, who voluntarily subdued to the sultan. This
document represented a classic dhimma
pact, whereby protection was guaranteed to a non-Muslim community in exchange
for their recognition of the Muslim ruler, payment of a regular tribute and
accepting certain social and religious restrictions. The prescriptions of the Galata
‘ahdname of 1453 also touched upon
the faith of (Catholic) churches: Galatans would keep their churches and
perform religious services in them, although they would refrain from ringing
bells or semantrons, as well as building new ones; more importantly, the
capitulation provided that churches may not be confiscated and turned into
mosques. Although this last stipulation would be infringed even during Mehmed
II’s reign, the ‘ahdname would
continue to be invoked as a legal source in the centuries to come.
The
Catholic churches of Galata became the topic of ‘ahdnames and other diplomatic initiatives again in the late
seventeenth century, after being damaged by fire in 1660. The French
capitulation of 1673 provided the legal framework for the ownership and
renovation works of two churches. However, Venice already managed to secure
such actions three years earlier for the largest Catholic church in Galata, St.
Francis. While no Venetian ‘ahdname
issued so far contained stipulations for church reparations, the sultanic
authorization, based on the fetva of şeyhülislam Minkarizade Yahya Efendi,
invoked Galata’s peaceful surrender back in 1453.
Turning
to Ottoman-Turkish texts, my presentation will re-examine the role played by ‘ahdnames in establishing a legal framework
for the possession and renovation of Catholic churches in Galata. Contrary to
traditional historiography, I will argue that the Porte did not intend to give
France nor any other foreign power a special status of protector of Catholicism
through its ‘ahdnames. Comparisons
with capitulatory provisions for churches in other regions of the empire will
also be provided to better understand the functioning of these documents.