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AIX-MARSEILLE UNIVERSITE

THESIS

To obtain the grade of

DOCTOR OF AIX-MARSEILLE UNIVERSITY

Doctoral College N° 355:

Espaces, Cultures, Sociétés

Presented and defended publically by

Vanessa R. DE OBALDÍA

18 December 2018

TITLE A Legal and Historical Study of Latin Catholic Church Properties in Istanbul from the

Ottoman Conquest of 1453 until 1740

Thesis supervisor:

Randi DEGUILHEM

Jury

AKARLI Engin, emeritus professor ehir University

BORROMEO Elisabetta, IÉtudes, CNRS, Collège de France, Paris DEGUILHEM Randi, Directrice de Recherche, CNRS, TELEMMe-MMSH, Aix-

Marseille University, Aix-en-Provence

GHOBRIAL John-Paul, associate professor, University of Oxford GRADEVA Rossitsa, professor, American University of Bulgaria, rapporteure SERMET Laurent, professor, IPolitiques, Aix-en-Provence TOLAN John, professor, University of Nantes, rapporteur

To my mother for all her support and loving care.

i

CONTENTS

ACKNOWLEDGEMENTS i

ABSTRACT ii

INTRODUCTION iv

PART I: The legal status of Roman Catholics and their Religious Orders in Ottoman Istanbul

1. Introduction 1

2. Galata and Pera 1

a. Galata 1 b. Pera 5

3. The demographic composition of Roman Catholics in Galata & Pera 8

4. The legal status of Roman Catholics in Constantinople/Istanbul 15

a. Pre-conquest - Catholics as a semi-autonomous colony 15

5. The legal status of Latin Catholic religious orders 20

a. According to Ottoman law 20 b. Compared to the status of Orthodox and Armenian churches and Jews 25 in the capital

6. The representatives of Latin Catholic churches and ecclesiastical properties 35

a. La Magnifica Comunità di Pera 35 b. La Sacra Congregatio de Propaganda Fide 40 c. The foreign Catholic powers 43

7. Conclusion 47

PART II: The Ottoman Legal Position on Latin Catholic Church Properties and Land

Doctrine and Practice 48

1. Introduction 48

2. The legal status of land in Ottoman Galata 50

a. Categorisation of land based on Land Codes 51 b. Categorisation of land according to conquest 55 b.i. Land conquered peacefully (܈ulۊ b.ii. Land conquered by force (ҵanveten) 55 b.iii. The status of land in Galata following the Ottoman conquest c. Ottoman policy towards Roman Catholic ecclesiastical lands in Galata 59 c.i. According to the acquisition of land 59 c.ii. According to contemporary Ottoman chronicles 61 c.iv. According to rulings in Istanbul court records (1660 & 1697) 65

3. The legal status of buildings in Ottoman Istanbul 74

a. Categorisation of buildings in Ottoman Galata 78 a.i. Mülk 79 a.ii. Vaۘ b. Ottoman policy towards Roman Catholic ecclesiastical properties in Galata 85 b.i. In the light of fetva rulings 85 ii b.iii. In relation to the Ottoman policy of destruction-reconstruction 97

4. Conclusion 104

PART III: Ecclesiastical properties of the Dominicans and Capuchins disputes and vaۘ

1. Introduction 106

2. The Dominicans of SS. Peter and Paul 107

a. Establishment of the Dominicans in the Ottoman Capital 107 b. A Short History of the Church and Priory of SS. Peter and Paul 109 b.i. Pre-1453 Ottoman Conquest 109 b.ii. Post-1453 Ottoman Conquest 111 c. Properties 116 d. Property disputes 119 d.i. Vaۘ d.i.i. Parties 123 d.i.ii. Subject of litigation 124 d.i.iii. Details of the case 124 d.i.iv. A case for the claimant 125 d.i.v. A case for the defendant 126 d.i.vi. Judgement 130 e. Conclusion 132

3. The Capuchins of St. Louis of the French 133

a. Establishment of the Capuchins in the Ottoman Capital 133 b. A Short History of the Chapel of St. Louis of the French 139 c. Properties 143 c.i d. Property disputes 146 d.i. Friars Minor Capuchin v. ambassadorial employee 146 d.i.i. Parties 146 d.i.ii. Subject of litigation 146 d.i.iii. Details of the case 147 d.i.iv. A case for the claimant 149 d.i.v. A case for the defendant 149 d.i.vi. Other evidence 151 d.i.vii. Judgement 153 d.ii. Jesuits v. Friars Minor Capuchin 153 d.ii.i. Parties 154 d.ii.ii. Subject 154 d.ii.iii. Details of the case 155 d.ii.iv. A case for the claimant 156 d.ii.v. A case for the defendant 157 d.ii.vi. Judgement 161 d.ii.vii. Conclusion 162 e. Fetvas from St. Louis of the French 162 f. Conclusion 169

4. Understanding the Latin Catholic Ecclesiastical ۘ

a. Introduction 170 b. The meaning of Christian ۘ c. Christian ۘ iii c.i. Rules on existing ۘ c.ii. Rules on the creation of new ۘ d. Christian ۘ d.i. Ecclesiastical buildings and land 178 e. Latin Catholic ۘ e.i. Through the Dominican properties 187 e.ii Through the Capuchin properties 192 f. Conclusion 193

5. Conclusion 194

PART IV: The French Protectorate over the Latin Catholic churches of Ottoman Istanbul

1. Introduction 196

2. General: French influence over the Latin Catholic religious orders,

churches and properties 197 a. The power of diplomacy 197 b. The significance of the Ottoman-French Capitulations in securing the protectorate 200 bi. Definition and general objective of the Capitulations 200 bii. Overview of the capitulatory agreements granted by the Ottoman sultans to the French 203 biii. Individual articles granting privileges to the Latin Catholic religious orders, their churches, properties, institutions and activities. 206 c. The Church of SS. Peter and Paul 219 d. The Church of St. Louis of the French 224

4. Specific: The French protectorate through letters patent, decrees by

the French king and diplomatic correspondence found in the conventual archives 226 a. Definition and legal weight of the letters 227 b. Analysis of the letters 227

5. Limitations 228

a. On ecclesiastical properties 228 b. On the activities of Latin Catholic missions 229

6. Concessions and privileges 236

a. Additional areas of French ambassadorial influence over individual church affairs 236 b. Privileges and preferences granted to the French king and ambassadors by these churches 243

7. Conclusion 246

CONCLUSION 248

BIBLIOGRAPHY 252

APPENDIX

I. Prints, Ottoman & European Documents 281

II. Glossary 299

i

ACKNOWLEDGEMENTS

I am indebted to my supervisor, Prof. Randi Deguilhem, for her continual advice and encouragement of my ambitious research subject from its inception and during all the alterations that it underwent along the way, as well as for her invaluable guidance during the final phase of the doctorate. I extend my heartfelt gratitude to Prof. Engin Deniz Akarl, Prof. Mehmet Genç, Prof. for allowing me to audit their graduate courses in Ottoman history, palaeography and University in Istanbul. I wish to also extend my gratitude to Prof. Macit Kenanolu for his numerous informal discussions on the subject of Christians in the Ottoman Empire from a legal perspective. I express my appreciation to Yü for helping me to improve my reading ability of Ottoman Turkish manuscripts and for inspiring me with their enthusiasm for the language.

A special thanks goes to

Aidan Nichols O.P. for their insightful feedback and comments on sections of an earlier draft of this thesis and for their corrections on language and terminology in particular. Likewise, to

Rodrigo Araúz for editing my French texts.

I also wish to express my sincere gratitude to Prof. Engin Akarl University, Dr. Elisabetta Borromeo from the Collège de France, Assoc. Prof. John-Paul Ghobrial from the University of Oxford, Prof. Rossitsa Gradeva from the American University of Bulgaria, Prof. Laurent Sermet professor from IEP Aix-en-Provence, and Prof. John Tolan from the University of Nantes for their participation as members of my PhD jury and especially to Prof. Gradeva and Prof. Tolan for their valuable comments in their reports. I would like to thank the following individuals for providing access to archives and libraries: Dr. Claudio Monge O.P. for the Dominican archives of SS. Peter and Paul in Istanbul; Anne le Bastard for the Constantinople collection of the Archives des Capucins de France located in Paris; Prof. Kate Fleet for the Skilliter Centre at Newnham College in Cambridge; and the staff at the following institutions for their helpfulness and assistance: the the Centre des Archives diplomatics and Archives Nationales in Paris; the Rare Books Department at Cambridge University Library; the library of the Institut Français d'Études ii

Anatoliennes (IFEA), the Institut

Catholique de Paris (ICP).

Researchers for generously funding a ten-month period in Turkey as a research fellow at , as well as to the IFEA and TELEMMe for their grants for the undertaking of short-term research in Istanbul and Paris. Finally, my most profound gratitude goes to my mother for her unwavering love and support throughout all the highs and lows during the four years of my doctorate. iii

ABSTRACT

This doctoral thesis seeks to address the subjects of Latin Catholic church properties in Ottoman legal doctrine and practice while providing wider historical contextualisation. The study aims to explore the theme of ecclesiastical properties and their affiliated religious orders primarily through Ottoman primary sources, in addition to European sources such as letters patent, diplomatic and apostolic correspondence found in the conventual archives of the Dominicans of SS. Peter and Paul in Galata and the Capuchins of St. Louis of the French in

Pera. The thesis is divided into four sections.

Part I seeks to situate the Latin Catholic community, religious orders and properties in terms of their location, demographics, legal status prior to and following the Ottoman conquest r religious minorities so as to ascertain the variations in Ottoman policy towards religious minorities. Moreover, the central roles and influence of the local and international bodies of the Magnifica Comunità di Pera and the Sacra Congregatio de Propaganda Fide, which were responsible for the clergy and the administration of the ecclesiastical properties in Galata and Pera in addition to the impact of the foreign Catholic powers as protectors are examined. Part II has two main objectives. The first is to present a structured and clear overview on the subjects of land and property rights of minorities in the Ottoman Empire, especially in post-conquest lands in order to give contextualisation and placement to the subsequent analysis of Latin Catholic ecclesiastical properties in Galata. The second is to explore already touched- upon primary sources from a new approach and established theories in relation to lands and properties in Galata, as well as to examine unexplored Ottoman primary sources found within the conventual archives in order to come to more definitive conclusions regarding the status of ecclesiastical properties. In Part III, a detailed examination of three property disputes in addition to the conceptual and practical implications of the Latin Catholic ecclesiastical vaۘ case is preceded by a short history about the establishment in Istanbul of the religious order in question and the church to which it was affiliated, as well as an overview of their respective properties including methods of acquisition and loss. The section of property disputes is followed by an overview of the Christian vaۘ iv and doctrine and an understanding of the Latin Catholic ecclesiastical vaۘ the properties of the Dominican and Capuchin religious orders. Part IV focuses on the Ottoman and French legal documents that secured and facilitated and Paul and the archives of St. Louis of the French contain a collection of imperial edicts directly related to the French ambassadors and the protectorate of France over the Dominican church and the French ambassadorial chapel. I analyse these with the objective of determining the legal implications and the extent of the influence of the affairs. Finally, detailed in this part are the limits of contractual relations between France and the Ottoman Empire. Both the capitulations and imperial edicts granted the religious orders legal permission to perform their rituals and apostolic missions, and guaranteed the protection

of ecclesiastical property. Nevertheless, their activities could still be hindered and their

properties seized as a result of sudden changes in the Ottoman domestic policy. v

INTRODUCTION

The primary objective of this study is to fill the void that exists in research on Latin Catholic ecclesiastical properties and religious orders in Ottoman Galata and Pera from a legal perspective. A large body of literature exists on the history of Latin Catholic orders and their respective churches in Istanbul, yet, this is primarily either a descriptive account of their presence, evolution and demise in some instances or a primarily architectural survey of their churches albeit taking into consideration social and economic variables. Those studies which do treat the issue of church conversions and the situation of Catholicism in the Ottoman capital do so on the basis of Western sources, failing to tap into the vast reserve of Ottoman documents which treat the issue of the churches. One of the first systematic attempts to provide a comprehensive history of Latin Catholic churches in the Ottoman capital during the Ottoman era was that of François- Histoire de la Latinité de Constantinople. Ottoman-Catholic relations are treated in books like Catholics and Sultans but these publications draw exclusively or primarily on Western and occasionally Greek sources. Therefore, through a careful examination of official Ottoman documents, new information comes to light on issues concerning Ottoman policy on

the status of Latin Catholic religious orders, ecclesiastical lands and buildings and their

Catholic powers as vanguards of Catholicism in Ottoman lands. A wide variety of both Ottoman and European primary sources were used to achieve the objectives of this thesis. For Part I, I used accounts and observations by Ottoman and European travelers. In Part II, Arabic texts of jurisprudence, Ottoman peace contracts, land codes, court records and Islamic responsa as well as Ottoman chronicles were used to determine the status of lands and buildings in Galata and Pera in addition to the status of ecclesiastical properties. Part III relied primarily on documents from the Dominican and Capuchin archives, Latin Catholic endowment deeds, Islamic endowment charters (ۘ when presenting the history of the two churches and affiliated religious orders and their property disputes as well as an overview of the Latin Catholic endowment with their respective case studies. The diplomatic role of France in the protection of Catholicism in Ottoman lands, in general, and the churches, religious orders and lay people in the Ottoman capital, in particular, detailed in Part IV was examined through capitulations, imperial edicts, letters patent, royal decrees, and diplomatic and apostolic correspondence. vi

Contents:

The Ottoman juridical texts themselves demonstrate how non-Muslims were integrated into the legal reasoning as part of the juridical system by not being confined to a separate chapter but rather rulings on them being interspersed throughout chapters of wider subject content.1 Part I aims to give placement to the subject matter geographically, demographically and legally. It also answers relation to the other Christian denominations and the identification of its local and foreign temporal, spiritual and diplomatic representatives. When analysing the Ottoman legal position towards land and buildings in Galata, it is necessary to approach the subject from the aspect of general laws and principles which were towards individual churches. Part II seeks to address questions surrounding the status of lands and buildings which were in the possession of non-Muslims and the Latin Catholic churches from the aspect of legal doctrine and its practical application. The former is examined through established jurisprudence on the methods of conquest and the modes of territorial acquisition as well as through established codes and peace contracts. The latter is analysed through the ways by which additional legal mechanisms such as Islamic responsa and the will of the sultan influenced the shaping of Ottoman policy towards ecclesiastical properties, particularly, in relation to the construction, destruction, re-construction and repair of churches and friaries/priories. The fate of the churches and religious orders were inextricably linked. On the one hand, without the existence of a church, it was difficult for a religious order to maintain a presence in the traditionally Christian districts of Galata and Pera in the Ottoman capital due to the prohibition on the construction of new churches. On the other hand, without a religious presence at the church, it was liable to be confiscated on the basis of abandonment. Therefore, the religious orders sought different means of securing their churches and affiliated properties and expanding them through a variety of sources, which often included endowments. Nevertheless, ecclesiastical properties were often vulnerable to disputes.

1 Christian Müller argues that Non-Muslims were not an external element of the juridical system but

Islamic West, eds. Maribel Fierro and John Tolan (Madrid: Brepolis, 2013), 21-64. vii Part III addresses the history of two churches located in Galata and Pera, their affiliated religious orders and their property acquisitions and losses in addition to three legal disputes in regard to these properties. It seeks to address questions surrounding the recourses available to Latin Catholic friars in the resolution of their property disputes, arguments and documents which were presented by the claimants and defendants as well as who had the jurisdiction to judge these cases. Moreover, the subject of the Latin Catholic endowment will be treated by assessing how the religious orders circumnavigated the Ottoman laws on ۘ acquire a revenue-generating form of property in addition to the degree to which these endowments were accommodated under the Ottoman legal framework. In his book, Christianity under Islam in Jerusalem, Oded Peri criticises the views that the Ottomans had no established policy as regards the Christian Holy Sites, questioning the position that this policy was based on the whims of the ruling sultan. He furthermore rejects the notion European powers. Rather, he argues that Ottoman policy towards the Christian Holy Sites was ly found in the religious policy of

2 I likewise

adopt the argument in Part IV that relations between the Ottoman state and Catholics residing within its borders as well as with repect to their ecclesiastical properties were governed by Ottoman law. This part gives prominence to the role of the French ambassador in the

Methodology:

The temporal limits of this thesis, which encapsulates the time period following the Ottoman conquest of Constantinople in 1453 up until the first eighteenth-century Ottoman capitulation granted to France in 1740, may appear overly ambitious for a historical and legal study on Latin Catholic ecclesiastical property. However, such research was made possible due to a strict focus of sources, primarily, those within the two Latin Catholic conventual archives: the Dominican archives of SS. Peter and Paul of Galata and the Capuchins archives of St. Louis

of the French of Pera, two churches with their affiliated religious orders which are, in

themselves, the main subject of this study. I stop at the capitulation of 1740 which has been

2 Oded Peri, Christianity under Islam in Jerusalem: The Question of the Holy Sites in Early Ottoman

Times, (Leiden: Brill, 2001), 50.

viii described as marking the peak of French influence in the Ottoman Empire in the eighteenth century.3 It also marked the change in the status of the treaty to in perpetuo, thus rendering the process of renewal and extension for subsequent capitulations unnecessary. The methodology of case studies has been employed in the section relating to property disputes and Latin Catholic endowments, the choice having been determined by the primary source material. While its application in the field of history can be criticised for its lack of comprehensive representation, historians such as Maurits Van den Boogert deem the for determining the

4 While the archive catalogue for Istanbul for the two respective orders

were rich in entries concerning property-related documents in Ottoman Turkish, French and Italian, documents relating to title deeds, property contracts - including sales, transfers and donations, were no longer extant within the archives. Consequently, those which remained could feasibly be grouped into three separate case studies providing extensive description of the property problems faced by the Dominican and Capuchin religious orders. I have also presented a detailed description of the different types of documents used in this thesis in order to show the variety of primary sources, both Ottoman and European, that can be employed, more generally, in the study of Latin Catholicism in the Ottoman Empire and, in particular, the study of Latin Catholic ecclesiastical properties and religious orders from a legal perspective. These documents are also applicable for studying the French role in the safeguarding of Catholicism in the Levant from a diplomatic perspective.

Language in the Ottoman documents:

In Ottoman legal documents, standard terminology was used to refer to the Latin Catholic religious orders and their ecclesiastical properties. Places of worship were referred to as either odalar (lit. the rooms of the priests).

3 -Turkish Studies

Association Bulletin 15, no. 2 (1991): 347.

4 Maurits H. Van Den Boogert, The Capitulations and the Ottoman Legal System: Qadis, Consults and

Beraths in the 18th Century (Leiden: Brill, 2005), 14. Although he also highlights the fact that such

methodology has been criticised by Edhem Eldem who agues that individual cases are not

representative, here, Eldem refers specifically to cases relating to trade. Edhem Eldem, French Trade

in Istanbul in the Eighteenth Century (Leiden: Brill, 1999), 229. ix In the court records and imperial edicts, the Latin Catholic clergy and friars are referred to by the following terms: frenk (Frank), efrenc/efrenç (Franks), frenk mezhebi (Frankish rite), and kefere ܒ friars, parishioners and their rites. Church names are often affiliated to the religious order which administered the church at the time, rather than appearing as the church name proper. For example, Saint Louis is

One should note that the Ottoman spelling

Ottoman Turkish since it had been written phonetically. Therefore, one finds kapuçin, kapusin, kapu, capucin and the less common versions of kapuchin, capucin, capuçin and kapoçin.5

Nonetheless,

Dominikan kilisesi). Rather, an abbreviation of the proper church name is given in the majority of the ; it appears in As regards the language in Ottoman Islamic responsa (fetvas), where names are notquotesdbs_dbs24.pdfusesText_30

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